Gender-Based Crimes Against Women in Himachal Pradesh: An Analysis

GENDER-BASED CRIMES AGAINST WOMEN IN
HIMACHAL PRADESH: AN ANALYSIS

SYNOPSIS
Submitted in partial fulfilment of the requirements for award of the degree of
MASTER OF LAW’S
Submitted by
NEHA
(Enrollment No.:H13842)
Under the supervision of
Dr. SHASHI BHUSHAN,
Assistant Professor of Law,
School of Legal Studies and Governance,
Career Point University, Hamirpur (H.P)
DEPARTMENT OF LAW
SCHOOL OF LEGAL STUDIES AND GOVERNANCE
CAREER POINT UNIVERSITY, HAMIRPUR
TIKKAR (KHARWARIAN), BHORANJ
HAMIRPUR (HP) - 176041, INDIA
SEPTEMBER, 2020
INDEX
Sr. No. Title Page

No.
Chapter- I INTRODUCTION
1.1 Introduction 3
1.1.1 Meaning of Crime 6
1.1.2 Definition of Crime 7
1.1.3 Elements of Crime 9
1.1.4 Situation of Women during Ancient India 9
1.1.5 Situation of Women in Modern India 12
1.1.6 Crimes Against Women 15
1.2 Problem Profile 17
1.3 Hypothesis 28
1.4 Objectives of the Research 28
1.5 Review of Literature 28
1.6 Research Questions 33
1.7 Universe of the Study 33
1.8 Research Methodology 33
1.9 Tentative Chapterisation 34
2
CHAPTER- I
INTRODUCTION
1.1 INTRODUCTION
Crime against women is the most burning issue present in our Indian society. The
problem of crimes against women is not a concern of a particular area but this problem is present
in every part of our country. There is no community without violence and it is a myth to think
about a crimeless society. Every person is aware of the violence against women either by her in-
laws or by the employer. The term violence can be understood in simple words as a force to
injure or to abuse. Violence includes slapping, hitting, insulting, physical and sexual abuse by a
spouse. Women in India have experienced significantly more violence than men.1
Violence against women in India comes under different perspectives including domestic
and family violence, sexual violence, sexual harassment at the workplace, violence by inmate
person and many other things. Violence is the use of physical force to injure, abuse, damage or
destroys.2 It comes forth from time to time in the form of stalking, acid attack, gang rape, forced
prostitution and trafficking, dowry death as well as mental, psychological violence. It is also
known as Gender-Based Violence as well as sexual violence. It is done just because our male
dominant society has thought that she is weak and incapable to work equal to a man.
The prime focus of the present study is Gender-Based Violence against women in the state
of Himachal Pradesh. The World Human Rights Conference in Vienna was the first conference
which first recognized Gender-based Violence against women as a human rights violation and
this conference was held on 25th June 1993. The term Crime against women is defined by the
United Nations as, “Any act of Gender-Based Violence which can be results in the form of
physical, emotional or sexual harm to women.” Gender-Based Violence means violence against
a woman because of her gender. Every person has experienced gender-based violence in their
life
1
Akanksha, Domestic Violence, http://www.legalserviceindia.com/legal/article-961-domestic-violence.html (last
visited on Jan 18, 2020, 05:19)
2
Merriam Webster’s Dictionary, Definition of Violence, https://www.merriam-webster.com/dictionary/violence
(last visited on Jan 16, 2020, 09:57)
span but the majority of victims are women and girls because they are considered below to men
in physical as well as mental perspective.
The United Nations Declaration based on the Elimination of all forms of violent behavior
against Women states that “Any kind of cruelty and violence against women is the expression of
traditionally asymmetrical or unequal power and imbalanced relations between men and
women.” “Violence against women is one of the crucial social mechanism or instrument by
which women are forced into a subordinate position compared with men.”3
Gender-based violence against women and cruelty against women are two terms that are
habitually used interchangeably, these terms accredited that most of the time the act of gender-
based violence is perpetrated on women, by men which can be a known or unknown person. The
act of Gender-based violation against women is a violation of human rights which create
hindrance in human development and denies the dignity of an individual.
World Health Organization (WHO) defines the act of violence as “the intentional or
deliberated use of physical force, strength, energy or power, against oneself, against another
person or against a faction, crowd, group, community or society, which results in a wound,
injury, death, mental and psychological harm, or deprivation.”4 This definition also covers
deprivation and any kind of psychological harm. The Universal Declaration base on the Human
Rights and Convention on the Elimination of all Forms of Discrimination against Women
provides certain special rights and privileges in the favour of women with the object to provide
equal rights to them. But, astonishingly, only 44 countries have laws regarding the evil of
domestic violence. Therefore, only 17 countries have made marital rape as a criminal offence
and only 27 countries have passed laws relating to the offence of sexual harassment.5
3
General Assembly Resolution 48/104, Declaration on the Elimination of Violence against Women, 1993.
https://www.globalhealthrights.org/instrument/declaration-on-the-elimination-of-violence-against-women , (last
visited on Jan 18, 2020, 05:19)
4
Etienne G. Krug et. al., World Report on Violence and Health, Geneva, 5, World Health Organization [WHO],
2002,
https://apps.who.int/iris/bitstream/handle/10665/42495/9241545615_eng.pdf;jsessionid=9259FF81541B9F379B9
F5353BF149848?sequence=1 (last visited on Jan 18, 2020, 06:03)
5
B. R. Sharma and Manisha Gupta, Gender Based Violence in India: A Never-ending Phenomenon. Journal of
International Women's Studies: Vol. 6 (1), 2004. 115. https://vc.bridgew.edu/cgi/viewcontent.cgi?
referer=https://in.search.yahoo.com/&httpsredir=1&article=1485&cont ext=jiws (last visited on Jan 18, 2020, 09:34)
It is a shame for us that in the 21 st century where every person has equal rights and equal
status, where every woman is educated and independent still her life is controlled by men
directly and indirectly. Women are facing discrimination and inequality in various forms of
violent behaviour. Crime against women is a serious problem that exists in Indian society, after
having several laws to protect the rights of women in every aspect. Such kind of problem exists
in a country like India where a man and woman represent two halves of the divine body. So there
should be no question of superior or inferior and both should be treated equally. In Hinduism,
there were women like Apala, Gargi and Maitreyi whose reasoning was far superior from an
ordinary woman and they set an example to others.
We live in a country where the birth of a girl child is greeted with silence, even sorrow,
whereas the birth of a boy child brings happiness. A girl is still considered as a burden and in this
way; discrimination begins from her birth or even before birth and continues till her death. A
woman is supposed to be safer and secure in her home but there she faces violation, exploitation,
and discrimination at a high level. A girl grows up with a constant sense of being weak and in
need of protection, whether physical social or economic. This helplessness has led to her
exploitation at almost every stage of life. Violence against women is moderately resulting of
gender relation that assumes men to be superior and advanced from women.
य 7 नाय´™ु पू¾€े रम€े त 7 दे वताः ।

य 7ैता™ु न पू¾€े सवा´™7ाफलाः
ि#याः ।।6
It means “where women are worshipped there the Gods rejoice, where they are not all
actions are fruitless.” This shloka is very much important in a country like India where women
are seen in every role mother, daughter, wife and Shakti as well, yet they are not safe.
From the time of Rig Veda, the darker side of the patriarchal society comes before us.
Customs, values, and laws made by them in their favour and no authority gave to a woman.
From then on, women started to be discriminated against in a patriarchal society. Women face
gender- based violence, discrimination and exploitation in her public and private life.
6
Ramchandra Verma Shastri, Manusmriti, Shlok no. 56, Prabhat Prakashan Publishers [1st ed. 2020 ]
Constitution of India has empowered the legislators to endorse special laws in support and
favour of women and for the upliftment of women in society. And there are numbers of
legislations for the protection of women. There is an Indian Penal code, 1860, which contain
punishment for various offences. There is the Hindu Widow Remarriage Act, 1865 which
provide rights to a widow to marry again. Hindu Marriage Act, 1955, which provide a minimum
age for marriage, remarries in case of divorce or death of the spouse and prohibits polygamy.
Domestic Violence Act, 2005 provides punishment for the crime of domestic violence, whether
violence is physical or mental. The Sexual Harassment of Women at Workplace Prevention,
Prohibition and Redressal Act, 2013 provides punishment for a person who abuses any female
employee at the workplace or any other place which provides protection for the women.
There are several acts enacted by the Parliament to deal with crimes committed against
women, but in reality, these acts are not able to minimize the crime rate against women. A
woman becomes a victim of discrimination and exploitation at several places like her workplace,
educational institutes, public place and even at her house itself by way of mental, physical or
emotional violence. The problem of assault and cruelty is not a new concept; it exists in society
from the medieval period.
1.1.1 Meaning of Crime
There is no society without the problem of crime and criminals. The problem of crime is
not a new concept, it exists from human civilization. It seems to be a changing concept with
social conditions. During the 12th and 13th centuries, only those actions are crimes which were
committed against the state or the religion. Therefore, rape and treason were treated as crime
whereas ‘murder’ was not a crime. Commenting on the problem of crime, Emile Durkheim in his
treaties ‘crime as a normal phenomenon’ says, crime is a dynamic concept changing with the
social transformation.7 Crime is said to be an act which is both forbidden by law and against the
sentiments of the society.8
7
N.V.Paranjape: Criminology, Penology, Victimology, 3, Central Law Publication, [17th ed.2017].
8
James Stephen, General view of Criminal Law of England, 3, Cambridge University Press, 2014.
The word ‘Crime’ is derived from the Latin word ‘Krimos’ which means ‘to accuse’. It
covers all those acts which are against the society. 9 The term crime covers a wide area and it is
not easy to provide a particular definition. In simple words, crime is an action or omission which
constitutes an offence and which is punishable by law. Crime is not absolute like a sin that can
be defined.10 In general terms crime is defined as an act which is punishable by law as prohibited
by statute or which inflicts injuries to the public welfare”.
Crime is an illegal and prohibited action or activity for which a person is punished by the
law in a prescribed manner. In words of Donald, “crime is a social injury and an expression of
subjective opinion varying in time and place.” 11 Thus a crime may be an act of noncompliance of
law or against the provisions of law. A crime can be interpreted as an act by which injury caused
to the public or a member of the public for which law provides a penalty or punishment.
1.1.2 Definitions of Crime
The term Crime contains a very immense meaning and there is no universal definition of
it. Every jurist and sociologist had their own definitions and it is not easy to provide a single
definition. But it can be defined under the following definitions:
According to the Oxford Dictionary, “Crime is an act or sometimes a failure to act that is
deemed by statute or by the common law to be a public wrong and is therefore punishable by the
statute in criminal proceedings.12
According to Merriam Webster’s dictionary, “A Crime is an illegal or unlawful act for

which a person can be punished by the Government.” 13
According to Stephen, “Crime is an act forbidden by law and which is at the same time
revolting to the moral sentiments of the society.”14
9
Paranjape, supra note 7, at 14.
10
S. N. Misra: Indian Penal Code, 3, Central Law Publication, [19th ed. 2014].
11
Neera Desai, et al., Women and Society in India, 11, Ajanta Publication: Delhi, 2011.
12
Jonathan Law and Elizabeth A. Martin, A Dictionary of Law, 144, Oxford University Press, [7 th ed. 2009]
13
Merriam Webster’s Dictionary, Definition of Crime, https://www.merriam-webster.com/dictionary/crime (last
visited on Jan 20, 2020, 07:22).
14
According to Keeton, “Crime would be seen to be any undesirable act which the state find
is most convenient to correct by the institution of proceedings for the infliction of a penalty,
instead of leaving the remedy to the discretion of some injured person.”15
According to Donald Taft, “Crime is a social injury and an expression of subjective

opinion varying in time and place.”16
According to Blackstone, “Crime is an act committed or omitted in violation of a public

law either forbidding or commanding it.”17
According to the Oxford Dictionary, “Crime is an act which is punishable by law and
forbidden by statute or which is injurious to the public welfare and safety.”18
According to Encyclopaedia of Britannica, “Crime is intentional commission of an act

usually deemed socially harmful or dangerous and specifically defined, prohibited, and
punishable under criminal law.”19
According to the Collins Dictionary, “Crime is an illegal action or prohibited activity for
which a person can be punished by the law.”20
According to Miller, “Crime is an omission of an act which the law forbids or commands
under pain of a punishment to be imposed by the state by a proceeding in its own name.”21
According to Halsbury, “Crime is an unlawful act which is an offence against the public
and the perpetrator of that act is liable to legal punishment.”22
15
Misra, supra note 10, at 5.
16
17
18
Catherine Soanes, Oxford English Mini Dictionary, 128, Oxford University Press, [7th ed. 2007 ]
19
Encyclopedia of Britannica, Definition of Crime, https://www.britannica.com/topic/crime-law, (last visited on Jan
21, 2020, 04: 22)
20
Collins Dictionary, Definition of Crime, https://www.collinsdictionary.com/dictionary/english/crime (last visited
on Jan 21, 2020, 04: 37)
21
22
According to Kenny, “Crimes are those wrongs whose sanction is punitive or corrective
and by anyway, it is acceptable by any private person; but is remissible by crown alone, if
remissible at all.”23
According to Austin, “Crime is a wrong which is practice at the prudence or discretion of

the injured party and his representatives as a civil injury. As a public injury or public wrong
crime is practice by the sovereign or his subsidiaries.”24
1.1.3 Elements of Crime
The term Crime can be understood as an act or omission against the law. Criminal liability
may arise when there is any harm caused to another person by the accused. There are two
persons when a crime is committed. One is accused; who commits the crime and another is the
victim; against whom crime is committed. Every crime is consisting of Actus Reus25 which is
accompanied by the Mens rea.26 There are four basic elements of a crime which are necessary to
constitute a crime. Those elements are as follows:27
1. Human being: there should be an act done by a human being.

2. Actus Reus or illegal act: there must be an act to constitute a crime.
3. Mens rea or guilty intention: the act itself does not make a man guilty unless his
intentions were so.
4. Injury to a human being: injury must be caused to another human being to constitute
a crime.
1.1.4 Situation of Women during Ancient India
Status of women represents the culture present in any nation. Violence against women is
a worldwide epidemic which causes high suffering for a woman in several forms. It is one of the
most prevalent forms of human rights violence. History poses that a woman is considered with
dual character: one hand she is considered as Shakti and on another hand, she is considered as a
23
Courtney Stanhope Kenny, Outline Of Criminal Law, 15, University Press, ( 11th Ed. 1922 )
24
25
Actus Reus, a Latin term which means guilty act, which is an element to establish a crime.
26
Mens rea, a Latin term which means Guilty mind. It is based upon a legal maxim, ‘Actus non facit reum nisi mens
sit rea’ which means an act itself does not make a person guilty unless his intention was to do so.
27
fertile patient. The situation of women during ancient India can be studied under different
periods which are as follows:
1.1.4.1 Women during the Ancient Period
a) Pre-Vedic Period:28 Status of women in India has been the subject of many historical
changes. A woman is a basic component of society who plays a vital role in the development of
any nation. In Pre-Vedic period status of women was very respectable and she enjoyed a high
position in the society. But after the Vedic period status of women fell down and lost her rights
equal to men. The position of women during the Vedic period was magnificent and glorious. It
is believed that Rig-Vedic society was a free society at that time. Females enjoyed a high
privileged status in society. Women have equal rights to get an education as they also studied
Vedas.
b) Vedic Period: A woman had all rights including the right to education, right to speak
including rights to equality. They had the right to marry by their choice and widow remarriages
were also acceptable which shows the high position of women in the society. During the Rig-
Vedic period, women were highly respected in the society she was considered as creator and
protector who scarifies her life for her husband. A man could not participate in spiritual work
without his wife. A man and woman both were considered as one soul of two bodies. In
Upanishads, the wife was considered as the true companion of a husband and she felt blessed to
live as a queen of her husband’s house.29
c) Post-Vedic Period: During the post-Vedic period, women had suffered a drastic change
in her status and face a lot of restrictions which were propounded by Manu. Girls were not
allowed to go outside the house and not allowed to take education but she was only taught by
her father and brother. In the view of Manu, a wife, a son and a slave these are the three persons
that should not have any property right. He believed that women need care and protection, not
28
Nital Sahebrao Nandedkar, A Socio Legal Study On The Prevention Of Sex Determination Test With Special
Reference To Female Foeticide In Marathwada Region, Swami Ramanand Teerth Marathwada University, (Ph.D.
Diss., 2016), 24, https://shodhganga.inflibnet.ac.in/bitstream/10603/123356/8/08_chapter2.pdf (last visited on
March 25, 2020, 12:45)
29
Puja Mondal, Status of Women in Vedic and Post-Vedic Period, http://www.yourarticlelibrary.com/society/status-
of-women-in-vedic-and-post-vedic-period/4397 (last visited on April 21, 2020, 05:53)
10
separate property or identity. In the post-Vedic period, the wife had no right on the property of
her husband during his lifetime.30
1.1.4.2 Women during the Medieval Period
a) Smriti Period: In history, Smriti period was one of the darkest and depressive period
for Indian women. She was deprived of any right to education, freedom, equality and justice.
The code of Manu created the most negative impact on the status of Indian women which will
continue for generations. In his code, he set a definite place for women in the society in which
he provided that a woman should not demand more from her status. 31 In Smriti period, functions
of society were wholly based on the laws created by the Manu. During Smriti period, the
condition of a widow becomes miserable due to imposition of restrictions on remarriage of the
widow.
b) Muslim Period: Muslim period is considered as the darkest period for women. Muslim
period was a highly disappointing period for Indian women. When Muslims invaded India they
brought their culture with them. People start treated a girl as weaker sex of the society who
always needs care and protection. This mentality gave rise to many evils like child marriage,
restriction on education, Purdah system, denial to give any kind of liberty, Sati system.32
c) British Period: During the British Period, Women face many drastic changes in their
position due to western impact on Indian culture. Social evils like child marriage, Sati system,
Purdah Pratha, the Custom of Polygamy, denial of education and property rights create obstacle
in the development of Indian women. In the absence of these rights, she was exploited by the
men because they considered women as weaker sex and burden to the family.
During the British period status of women was improved in Indian society and Britishers
introduce several laws for the upliftment of the status of women. There were a number of evils
existed in India which create hurdle in the augmentation of a female. Britishers took initiative
for the augmentation of women by making several laws in the favour of Indian Women. During
the British period, there were many social reformers namely Raja Ram Mohan Roy, Jyotiba
30
Nitisha, Manu’s View on the Status of Women, http://www.yourarticlelibrary.com/women/manus-view-on-the-
status-of-women/47392 (last visited on Jan 21, 2020, 06:13)
31
Frieda Hauswirth Das, Purdah: The Status of Indian Women, 28, Routledge, [1st ed. 2016]
32
Nandedkar, supra note 28, at 28.
11
Phule, Savitri Bai Phule and Ishwar Chandra Vidhyasagar who had struggled for the upliftment
of the status of women in society.33
1.1.4.3 Women during the Modern Period
With the extreme struggle, Indians became successful to achieve Independence against
Britishers. India gained its Independence on 15 august 1947, after 200 years of slavery under
the British Government. On 26th January 1950, The Constitution of India came into effect
which provides equal rights to every person without any kind of discrimination on the grounds
of creed caste, race, gender, colour and place of birth. The Constitution of India is based on
democracy; in which every individual is equal and all rights vest equally in every person.34
1.1.5 Situation of Women in Modern India
Women in India have been a matter of concern since the ancient period. With a
paramount or vital quality of tolerance and persistence, a woman can tackle any situation in her
life. Indian women are fully dedicated towards their families. They are known in the name of
Goddesses like Saraswati, Laxmi, Durga, Parwati and Kaali as well. The prominence and social
position of women in India have been an uninterrupted process of ups and downs throughout the
evolution of society.
Women’s are the spirit of every community as they are responsible for the moral
development of their children. A woman is the pillar of the family and concussively that of a
nation. The statue of liberty which is a symbol of peace and liberty is none other than that of a
woman. The history conveys that, “Each successful man has inspiring women responsible for
success.” In the view of Swami Vivekananda, “That country and that nation that does not
respect women have never become great, nor ever be in future.”
33
Umme Habiba, Protection of Women’s Rights in India Judicial Intervention and Interpretation, Aligarh Muslim
University, (Ph.D. Diss., 2017), 46, https://shodhganga.inflibnet.ac.in/bitstream/10603/209803/10/09%20chapter
%202.pdf (last visited on March 24, 2020, 10:14)
34
Dinesh Kumar Sharma, Crime against women: a socio legal study of rape law with special reference to Delhi,
Aligarh Muslim University, (Ph.D. Diss., 2014), 49,
https://shodhganga.inflibnet.ac.in/bitstream/10603/52365/9/09_chapter%201.pdf (last visited on April 30, 2020,
09:51)
According to Ravinder Nath Tagore, “Women’s are the ornaments of society.” A
woman is a mother, sister, wife as well as manager of the family. Still, a woman never
appreciated her direct and indirect participation in the community. She is violated either
physically or mentally. The Universal Declaration of Human Rights (UDHR) declares that
‘Motherhood and Childhood’ are entitled to special care whether a child is born in or out of
wedlock, they all shall enjoy the identical protection of the law.’
In India, every 3rd women are the victim of crime in various forms. According to the
report of, National Crime Record Bureau, in India there is one dowry death in every 78 hours,
one act of sexual harassment in every 58 minutes, one rape case in every 34 min, one act of
torture in every 12 min, and third women in India experience domestic violence. There are total
numbers of 33, 789 cases of crimes against women were reported during the year 2011. Whereas
during the year 2012, there were the total number of 36,622 cases reported, which are very high
as comparison of cases reported during the year 2011. According to the report of NCRB, there
are 24,923 cases of rape reported in the year 2012; which is amounting to one rape in every 22
minutes.35
Data provided by the National Crime Record Bureau may not be considered as actual
numbers because many cases go unregistered and unreported. Crime against women is a
complex problem that cannot be addressed from a single point of view. The prevention of crime
against women requires coordination across multiple sectors. Crime against women restricts the
life of a woman from social as well as private perspective.
Mahatma Buddha gave the following reasons why women not ought to be entrusted with
responsibilities, women are soon angered, women are full of passion and women are stupid. That
is the reason why women have no place in public assemblies. This clearly shows that men
consider a woman inferior to him, and hence he commits a crime against women.
There can be several factors which can be responsible for the crime committed against
women in Indian society. Some of them are as follows:
35
B. L. Himabindu, et. al., Whose problem is it anyway? Crimes against Women in India: Global Health Action,
Vol. 7, (1) 2014.
https://www.researchgate.net/publication/264164143_Whose_problem_is_it_anyway_Crimes_against_women_in
_India (last visited on January 22, 2020, 03:12)
1. Acceptance of superiority of men,
2. Considering herself weak,
3. Denial of violence against her,
4. Avoid the seriousness of the violence,
5. Lack of awareness, and
6. Lack of education.36
Men and women are two pillars of the family, their roles and duties are complementary
and supplementary to each other. If one of the pillars is weak, the other cannot bear the burden.
A man should not exploit the woman but ironically, it has happened and goes on happening.
Women constitute a majority of the world population; still, there is no society in which women
enjoy full equality with men. In most of the cases, a crime against women is related to the
marriage and start after marriage, that’s why men are accused of violation of gender justice and
in some cases, violence against women starts even before marriage.37
There are many reasons by which gender-based violence committed against women in Indian
society. Those reasons are as follows:
a) Male dominant society,

b) Family atmosphere,
c) Lack of parental love,
d) Heavy use of alcohol,
e) Due to frustration,
f) Interference of relatives,
g) Cruelty,
h) Lack of education,
i) Lack of moral values,
j) Orthodox thinking,
k) Denial of violence,
l) Immorality, and
36
M.K. Gandhi, et. al, Women and Social Injustice, 88, Navajivan Publishing House, Ahmadabad, 2005.
37
Id.
m) The inferior status of women etc.
On 16th December 2012, a girl, 23 years of age was brutally gang-raped by 6 accused in a
city like Delhi, which is known as a Nirbhaya rape case. That time a crowd of angry people
come out of their houses for change in the existing laws dealing with crimes against women.
Crime against women happens in India because of the weak rule of law. A woman will face
violation and exploitation in an ineffective and inefficient legal system.
There was another rape case that happened in the city Hyderabad; another shocking incident
of rape and murder took place on 27 November 2019. A 26-year-old girl who was a veterinarian
doctor was brutally gang-raped by 4 accused and after than burnt alive. It looks like India is not
at all safe for girls and women. In Nirbhaya case, 4 accused get punishment of death penalty on
20th march of 2020, justice is served but after the trial of seven years.
1.1.6 Crime against Women
Crime against women is a serious issue present in India. Crime against women is
committed in any form whether mentally or physically or emotionally. These are broadly
classified under two categories, which are as follow:38
1. Crimes identified under Indian Penal Code, and

2. Crimes identified under special laws.
1. Crimes Identified Under The Indian Penal Code (IPC)39
There are a number of sections in the Indian Penal Code which provides punishment for a
crime committed against women. Those provisions are as follow:
a) Rape (Sec. 376 IPC)

b) Attempt to commit Rape (Sec. 359/511 IPC )
c) Assault on women to outrage her Modesty ( Sec. 354-C IPC )
d) Homicide for Dowry, Dowry Deaths or their attempts (Sec. 302/304-B IPC)
38
39
INBA, Crimes against Women- A Legal Perspective, https://www.indianbarassociation.org/crimes-against-
women-a-legal-perspective (last visited on Jan 27, 2020, 12:45)
e) Kidnapping & Abduction for different purposes ( Sec. 363-373 IPC)
f) Cruelty by Husband or his relatives (Sec. 498-A IPC)
g) Molestation (Sec. 354 IPC)
h) Sexual Harassment (Sec. 354-A IPC)
i) Stalking (Sec 354-D IPC)
j) Acid Attacks (Sec 326-A, 326-B IPC)
k) Importation of girls (Sec. 366-B IPC)
l) Abetment to the suicide of women (Sec. 306 IPC)
m) Insult to the Modesty of women (Sec. 509 IPC)
2. The Crimes Identified Under the Special and Local Laws (SLL)
All laws are not gendered explicit laws, the provisions of law distressing and affecting a
woman radically and it has been reviewed periodically and several amendments were carried
out to keep pace with the rising requirements and necessities. There are some acts which have
special provisions to protect or safeguard and to protect their welfare as well as interests which
are as follows:40
a) The Dowry Prohibition Act, 1961

b) The Immoral Traffic (Prevention) Act, 1956
c) The Hindu Marriage Act, 1955
d) The Pre-Conception & Pre-Natal Diagnostic Techniques Act, 1994
e) The Commission of Sati (Prevention) Act, 1987
f) The Protection of Women from Domestic Violence Act, 2005
g) Indecent Representation of Women (Prohibition) Act, 1986
h) The Prohibition of Child Marriage Act, 2006
i) The Medical Termination of Pregnancy Act, 1971
j) The Hindu Succession Act, 1956 with an amendment in 2005
k) The sexual Harassment of Women at Workplace Prevention, Prohibition
and Redressal Act, 2013
40
Arundhati, Crime against Women in India, Jagannath University, (Ph.D. Diss., 2016), 63,
https://shodhganga.inflibnet.ac.in/bitstream/10603/140422/8/08_chapter3.pdf (last visited on April 27, 2020,
01:13)
16
l) The Protection Of Children From Sexual Offences Act, 2012
m) The Criminal Amendment Act, 2013
n) The Criminal Amendment Act, 2018
o) The National Commission for Women Act, 1990
The Constitution of India provides special powers to Central and State Governments to
make new laws for the augmentation of women within their limits. Constitution of Indian
provides equality before the law in equal amount irrespective of sex. A woman is the soul of the
family which regulates all functions all so it’s the duty of government to provide that safe and
secure environment by enacting legislations.
1.2 PROBLEM PROFILE
Meaning of Gender-based crimes against women is direct or indirect physical, sexual or

mental brutality, cruelty and abuse to women. Crimes which are directed specifically against
women and in which only women are victims can be characterized as Crime against Women. A
woman can be seen in many roles, roles of mother, sister, wife, as well as she is considering as
Aadi Shakti. Crime rate against women is constantly rising and it is found that violence against
women is committed at homes, workplace as well as a public place. 41 The present research is
conducting to find out the reasons why laws are failing to protect women against crime. It is
important to recognize all forms of crime against women and there is an immense need to
formulate effective strategies to prevent it.
Every person is aware of the fact that the problem of violence exists in all communities and
religion but it is difficult to address the problem of violence in rural areas as a comparison of
urban areas. There is a high rate of violence committed against women in villages but not
reported anywhere. Most of the Indian women’s are the victim of violence by her husband and
in-laws’ in the form of physical as well as mental torture. It is because our society is male
dominant society and a woman is treated as an object of luxury.
41
Jayant Chaudhary, Violence against Women and Children: Issues and Concerns, 2, Serials Publications, New
Delhi, 2012.
17
From the ancient time, women used to worship her husband but he always used to
disrespect her. Throughout the world, a woman has a lower status than men. Women were
expected to marry off and settle down whereas the right to power; position and authority were in
the hands of men. The United Nations defines Crime against women as “an act of gender-based
violence that may result in or is probable to results in, physical, sexual, mental or psychological
harm and destruction to women, which can include the threat to commit such act or deficiency of
liberty or emancipation, whether occurring in public or private life.42
From last two decades crime against women is the most smouldering issue present in the
world. In most cases, violence leads to death of the victim and in some cases; it provokes a
victim to commit suicide. Violence against women is an additional reason for the poverty of
women and her children as she is depending on her father before her marriage and after marriage
depends on her husband. Women who suffer violence affect their health, mental and physical
condition as well. It also affects children’s health and the environment of the family.43
Many of the children who were the victim of violence and abuse are likely to move
towards criminal activities. It is a harsh reality that after having many laws for the protection of
women, still, she faces violence during her life span. There are several acts enacted by the
parliament for the protection of women and special provisions under the constitution of India
after than she becomes a victim of the crime. Increase in the incidents of crime against women
discloses that neither education nor the laws have changed the basic thoughts, opinion and
thinking of society regarding the woman’s worth.44
Violence against women is considered as gender-based violence. A woman in a patriarchal

society continues to be exploited, violated, opposed and ill-treated. Violence against women is
not a new concept; this problem exists in our society from the time of Ramayana and
Mahabharata. Ramayana cites the violence against Mata Seeta and Mahabharata cites the
violence against Dropti (also known as Panchali). But in the present time violence against
women is a major social and public health issue which affects the lives of women and their
42
Supra note 3.
43
R. H. Waghamode, et. al., Domestic Violence against Women: An Analysis, 34, International Research Journal of
Social Sciences, Vol. 2 (1), 2013. http://isca.in/IJSS/Archive/v2/i1/7.ISCA-IRJSS-2012-077.pdf (last visited on
January 27, 2020, 06:27)
44
Gurappa Naidu, Violence against Women in India, 44, Serials Publication, New Delhi, 2011.
children as well. Gender-based Violence against women is a violation of human rights. Violence
against women is carried out with the intention to cause mental as well as physical hurt.45
According to the National Family Health Survey, 27 percent of women in India have
constantly experienced physical violence and cruelty since the age of 15 years. In India, every
3rd women are the victim of domestic violence in various forms. National Family Health survey
stated that violence among rural women is 29% and in urban women is 23%. It is noted that
violence among rural women is higher than urban women. The survey report shows that in most
of the cases violence is perpetrated by the spouse.46
National Family Health Survey reported that among married women violence is about 83%
which is caused by their husbands. However in the case of unmarried women violence is caused
by step mother (56%), by father (33%), by a sister or brother (27%) and teacher (15%). Whereas,
married women have experienced violence about 31% during her lifetime by her husband which
includes physical, sexual or emotional violence. Physical Violence by spouse reported 8% eye
injuries, 6% deep wounds, burns, dislocation, broken teeth and bones as well as other serious
injuries.47
When we talk about sexual violence then survey report shows that sexual violence among
married women is reported over 83% by their present husband and 9% sexual violence is
reported by their former husband. The survey reported the sexual harassment among married
women is common and conducted by an intimate partner. Moreover, Survey report states that
sexual violence is also committed against unmarried women. Statistics show that Sexual violence
among unmarried women is caused 27% by their relatives, 18% by their boyfriend, 17% by their
friend and 11% by their family friend.48
Cases of crime against women are increasing day by day in the country. According to the
National Crime Record Bureau, in India there is one dowry death in every 78 hours, one act of
sexual harassment in every 58 minutes, one rape case in every 34 min, one act of torture in every
45
46 Waghamode, supra
Sumedha Kirti, noteThird
Every 43. Women In India Suffers Sexual, Physical Violence At Home, (National Family
Health Survey [NFHS-4], 2015-2016) https://www.news18.com/news/india/the-elephant-in-the-room-every-third-
woman-in-india-faces-domestic-violence-1654193.html (last visited on January 30, 2020, 07:18)
47
Id.
48
Id.
12 min, and third women in India experience domestic violence. 49 Most of the data may not be
reliable because many cases go unreported and unregistered. It is noticeable that NCRB statistics
considers only the principal offences of the formal complaints which are obtained from the First
Information Report.50
It is observed that crime against women reported an increase of 1.7% in the year 1996 and
24.2% in the year 2000. In absolute number, an increase of 2422 cases was reported at all India
level in the year 2000 and 2001. The incidence of dowry deaths increases in the year 2012;
which is 20.7% higher over the year 2002.51
The total numbers of 33, 789 cases of crimes against women were reported during the year
2011 while the total numbers of 36,622 cases of violence against women were reported during
the year 2012, which are very high in comparison of cases reported during the year 2011.52 In the
year 2012 the total number of 1, 06,527 cases were registered regarding the cruelty by husband
against women which is higher as comparison of the previous year. In the year 2011 the total
number of 99, 135 cases were registered regarding the cruelty by the husband.53
According to the report of NCRB, the total number of 3, 39,457 cases were reported in the
year 2014, whereas in the year 2015, the total number of 3, 29,243 were reported against women.
In the year 2016, a total number of 3, 38,954 were reported against women, in which 24,923
cases of rape were registered. According to the report of the National Crime Record Bureau, a
total number of 3, 59,849 cases were reported against women in 2017, in which 32,559 rape
cases were reported in India. In the comparison of 2016, 3.38 lakh cases of crime were registered
against women, while 3.2 lakh cases were recorded in 2015. Statistics show that women reported
49
Indira Sharma, Violence against Women: Where are the Solutions?, 132, Indian Journal of Psychiatry, Vol. 57(2),
2015. https://www.researchgate.net/publication/279233255_Violence_against_women_Where_are_the_solutions
(last visited on January 30, 2020, 02:23)
50
B. L. Himabindu, et. al., Whose problem is it anyway? Crimes against Women in India: Global Health Action,
Vol. 7, 2014. https://www.ncbi.nlm.nih.gov/pmc/articles/PMC4107300/ (last visited on January 31, 2020, 04:13)
51
National Crime Record Bureau: Crime in India: 2012, 58, Ministry of Home Affairs, 2012.
https://ncrb.gov.in/sites/default/files/Compendium/Compendium2012.pdf (last visited on January 31, 2020, 06:37)
52
Id. at 88
53
Id. at 84
almost 34,000 rape cases during the year 2018, which means one rape case in every 15
minutes.54
If we talk about Himachal Pradesh, then statistics show that the highest numbers of crimes
were committed against women in Kangra district. It is not easy to obtain exact data on crimes
committed against women because of the social, cultural and legal barriers. Moreover in the lack
of shreds of evidence and amount of secrecy is another reason for inaccurate statistics of crime
rate against women in Himachal Pradesh.55
Violence committed against women is a universal concern. It is noted that the problem of
violence against women exists in every society and religion. Report of the State Women
Commission of Himachal Pradesh shows that the crime rate against women is increasing every
year in which Kangra, Mandi, and Shimla district reported high crime rate against women’s.
Every year increase in crime rate against women is the matter of concern which should be
resolved by the authorities by taking necessary steps and accommodates a healthy and protected
environment; under which every woman feel safe and protective. 56
It is noticeable that in Himachal Pradesh crime rate against women is low comparatively
other states but the problem of assault and cruelty is still a matter of concern in Himachal
Pradesh. In ancient period, women do not have a good status in the society and she experienced
countless changes during her life span. With the enactment of The Constitution of India, she gets
all rights equally without any discrimination. But after than she does not have a good status in
the society; still, she considered inferior to men and get offender by men. Crime against women
is not a concern of a specific area but it is a worldwide concern. Gender-based crimes against
women create an obstacle for women in achieving their goal and sustainable development.
Statistics show that the problem of violence against women is continuously increasing in the
state of Himachal Pradesh. Statistics of crime committed against women in Himachal Pradesh
can be discussed with the help of the following tables:
54
Akriti Anand, NCRB data 2018: 1 rape reported every 15 minutes in India. Available on:
https://www.indiatoday.in/india/story/ncrb-2018-woman-reports-rape-every-15-minutes-in-india-1635924-2020- 01-
11 (last visited on January 23, 2020, 01:12)
55
DESHP, Women and Men in HP: Department of Economics and Statistics Government, 29, Himachal Pradesh,
2015. http://himachalservices.nic.in/economics/pdf/ManWomenHP2015_A1b.pdf (last visited on January, 27,
2020, 01:12)
56
Id.
Table: 1.1
Year-Wise Number of Different Crime against Women in
Himachal Pradesh57
Head of Crimes
Year
Dowry Death Rape Murder
1 2 3 4
1998 7 127 40
1999 5 109 36
2000 3 129 34
2001 10 124 36
2002 6 137 28
2003 6 126 31
2004 8 153 29
2005 2 141 24
2006 3 113 24
2007 7 159 30
2008 3 157 36
2009 1 183 37
2010 2 160 27
2011 4 168 34
2012 2 183 30
2013 0 250 28
Table No. 1.1 shows the number of crime against women in Himachal Pradesh reported
during the year 1998 to 2013. In this table, we can clearly see that incidents of crimes against
women are continuously rising. In the year 2009, total numbers of 182 cases of rape were
57
DESHP, Women and Men in HP: Department of Economics and Statistics Government, 29, Himachal Pradesh,
2015. http://himachalservices.nic.in/economics/pdf/ManWomenHP2015_A1b.pdf (last visited on January 26,
2020, 01:12)
reported which is high in comparison of previous years. In 2010, incidents of rape against
women decrease and shifted to 160. But again it increases and shifted to 250 in the year 2013.
Table: 1.2
District-wise Number of Total Crimes against
Women in Himachal Pradesh58
Year
District
2010 2011 2012 2013
1 2 3 4 5
Bilaspur 99 63 73 144
Chamba 77 77 54 77
Hamirpur 107 61 63 110
Kangra 202 229 204 298
Kinnaur 15 15 13 23
Kullu 59 96 65 135
Lahaul Spiti 4 1 3 3
Mandi 181 160 162 202
Shimla 114 120 125 185
Sirmaur 93 97 82 110
Solan 87 97 95 77
Una 107 96 85 159
H.P. 1145 1112 1024 1523
Table No. 1.2 shows district- wise total number of incidents of crime against women
reported during the year 2010 to 2013. The table clearly shows that in the year 2013 the highest
numbers of crime against women reported. From the year 2010 to 2013 Kangra district always
reported the highest crime rate against women in Himachal Pradesh and Shimla district reported
the second-highest number of crime against women.
Table: 1.3
Cases received by Himachal Pradesh State Women Commission59
58 Id. at
23
Cases of Cases of Cases of Cases Rape Total
Y Harassment Harassment Harassment of Cases Cases
e by in-laws at Work by Dowr
a Place Neighbors y
r
1 2 3 4 5 6 7
2000-01 54 5 4 3 4 70
2001-02 185 4 5 - 3 197
2002-03 179 7 27 8 6 227
2003-04 320 7 14 4 5 350
2004-05 346 6 22 7 5 386
2005-06 365 5 19 8 5 402
2006-07 429 6 14 8 5 462
2007-08 278 11 17 13 3 322
2008-09 191 18 62 25 20 316
2009-10 277 19 88 6 8 398
2010-11 219 15 21 11 6 272
2011-12 197 13 49 1 4 264
2012-13 269 8 56 2 - 335
2013-14 288 9 85 - - 382
Table No. 1.3 shows the number of cases received by the Himachal Pradesh State Women
Commission during the year 2000 to 2014. This table clearly shows that in Himachal Pradesh
most of the crimes against women are committed by their in-laws in the form of cruelty, torture
and other kinds of harassment.
In the year 2016, total numbers of 253 cases of rape were registered in Himachal Pradesh,
whereas in the year 2017 it was 248. In the year 2018, total numbers of 344 cases of rape and
59
Id. at 93
24
476 cases of abduction were registered in H.P. which is very high in comparison of 2016. Out of
344 cases of rape and 476 cases of abduction reported during the year 2018, 84 cases of
abduction and 52 cases of rape were registered in Kangra district.60
Total numbers of 17249 cases were registered in the year 2016, whereas in the year 2017,
total numbers of 17799 cases were registered against women in Himachal Pradesh. In the year
2018 crime against women rapidly increased and statistics of crime against women reached at
19594.61 In the year 2018, 2 cases of Kidnapping & Abduction in order to murder, 183 cases of
Cruelty by Husband or his relatives and 700 cases of female atrocities were registered in
Himachal Pradesh.62
State govt. adopting various measures to ensure the safety of women in the state, but at the
same time, H.P. witnessed an increase in the number of cases of rape and against women in
2019. In 2019, eight teachers were suspended after being found guilty under the POCSO, Act.
Around 49 cases of rape, 91 cases of molestation, 46 cases of domestic violence and 61 cases of
abduction of women were registered in 2019.63
During the year 2018, overall, 56 percent of rape victims were minors and 43.8% was above
the age of 18 years. Whereas during the year 2017, the total number of 145 victims which means
57.7% of victims were minor at the time of incidence. The state government has launched
numerous schemes to ensure the safety and protection of women within the state. Gudiya
Helpline and Shakti app are launched by the state government to provide safety as well as a
protective environment to all women’s.64
According to the National Crime Record Bureau, during the year 2018, among the minor
victims, two victims were below the age of six years, 25 victims were between the age group of
60
Gopal Puri, Himachal Pradesh: Most rape cases in Kangra not genuine, say police. The Times of India, Shimla.
Available on: https://timesofindia.indiatimes.com/city/shimla/himachal-pradesh-most-rape-cases-in-kangra-not-
61
genuine-say-police/articleshow/67994178.cms (last visited on Jan 24, 2020, 12:26)
Id.
62
PTI, 700 cases of female atrocities, 345 rapes reported across Himachal Pradesh, Mirrornownews.com. available
on: https://www.timesnownews.com/mirror-now/in-focus/article/700-cases-of-female-atrocities-345-rapes-
reported-across-himachal-pradesh (last visited on Jan 24,2020, 02:54)
63
Navneet Rathore, Rise in cases of rape and cruelty against women in HP, Hindustan Times, Chandigarh.
Available on: https://m.hindustantimes.com/chandigarh/rise-in-cases-of-rape-and-cruelty-against-women-in-hp-
reveals-data (last visited on Jan 24, 2020, 04:25)
64
Id.
25
six and twelve years, 85 victims were between the age of 12 years - 16 years and 84 victims were
the age group 16 years to 18 years. Statistics show that women are exploited at every age
whether she is a child or an adult.65
Similarly, 101 victims were the age above 18 years and below 30 years, 45 victims in the
age group of 30 to 45 years and six victims above 45 years of age. One victim was above 60
years of age. According To the report of NCRB, in 98.5% of the cases, offenders were identified
to the victims. In 161 cases out of total 344 cases, the wrongdoer was family friends, neighbors,
employer, business associate or other known persons of the victim. Although in 135 cases, the
offenders were friends, online friends, live-in partner or separated husband of the victim.66
Apart from this, 8 cases of attempt to rape, 78 cases of insulting the women, 513 cases of
assault on women with the intention to outrage her modesty and, 243 cases of kidnapping and
abduction of women with the intention to compel her for marriage were reported during the year
2018. On the other hand, 74 cases of abetment to commit suicide of women, 4 cases of dowry
death and 7 cases murder with rape were registered in the Himachal Pradesh during the year
2018.67
In 243 cases of kidnapping and abduction of women with the intention to compel her for
marriage, 41 cases relating to kidnapping and abduction of women above the age of 18 years
whereas 202 cases were relating to kidnapping and abduction of women below the age of 18
years are reported.68 In the year 2018, 11 cases relating to attempt to commit rape were registered
in which 5 victims were below the age of 18 years and 6 victims were above the age of 18
years.69
The total numbers of 513 cases relating to the offence of Assault (i.e. physical attack) on
Women with Intention to outrage her Modesty were registered; in which 87 victims were below
65
Naresh K Thakur, Rape cases in Himachal up by 38% in 2018: NCRB report, Hindustan Times, Chandigarh.
Available on: https://www.hindustantimes.com/chandigarh/rape-cases-in-himachal-up-by-38-in-2018-ncrb-
66
report/story-49NuPHB8SC8Fwf29IGjVkM.html (last visited on Feb 25, 2020, 08:23)
Id.
67
Id.
68
National Crime Record Bureau, Crime in India: 2018, 199- 200, Ministry of Home Affairs, New Delhi, Statistics
Volume I, 2019. Available on: https://ncrb.gov.in/sites/default/files/Crime%20in%20India%202018%20-
%20Volume%201.pdf (last visited on May 11, 2020, 09:12)
69
Id. at 203
26
the age of 18 years and 426 victims were above the age of 18 years. 70 In the year 2018 total
number of 78 cases relating to the offence of Insult to the Modesty of Women was registered; in
which 1 victim was below the age of 18 years and 77 victims were above the age of 18 years.71
The report of National Crime Record Bureau shows that, during the year 2018, in the state of
Himachal Pradesh total numbers of 1556 cases of crime against women were registered under the
Indian Penal Code (IPC) in which total numbers of victims were 1589 and percentage of crime
rate was 43.5 percent in the state of Himachal Pradesh. 72 Under the Special Laws (SLL) and IPC,
the total number of 1633 cases was registered in the year 2018; in which the total number of
1668 was the victims and total percentage of crime rate was 45.6 percent.73
Under the Dowry Prohibition Act, 1961 only one case was registered during the year 2018. 74
Under the Immoral Traffic Prevention Act 1956, 10 cases were reported, whereas under the
Protection of Women from Domestic Violence Act total numbers of 8 cases were registered in
the state of Himachal Pradesh.75 Under the Information Technology Act (IT Act), total numbers
of 33 cases of crime against women and under the Protection of Children from Sexual Violence
Act the total number of 25 cases were registered in the Himachal Pradesh.76
Report of National Crime Record Bureau shows that Hamirpur, Mandi, Kangra and
Sirmaur district had been reported 4 cases of dowry death during the year 2018 in Himachal
Pradesh. The report stated that the Kangra district received 15 cases regarding the abetment to
suicide of women; Mandi district reported 50 cases of cruelty and 65 cases of kidnapping of
women. Whereas Shimla district had been reported 69 cases of kidnapping and abduction of
women during the year 2018. According to the NCRB 94 cases of assault on women with the
intention to outrage her modesty is reported in Mandi district, 81 cases in Kangra and 79 cases
reported in Shimla district.77
70
Id. at 204
71
Id. at 205
72
Id.
73
Id. at 211
74
Id. at 206
75
Id. at 207
76
Id. at 208- 209
77
National Crime Record Bureau, Crime in India: 2018, Ministry of Home Affairs, New Delhi, Additional Tables
(District Wise) Available on: https://ncrb.gov.in/crime-in-india-table-
27
In the year 2018 total number of 1633 number of crimes against women had committed in
Himachal Pradesh; in which Mandi district had reported the highest and Kangra district had
reported the second-highest number of crime rate against women in the year 2018.78
1.3 HYPOTHESIS
It is hypothesised that “the existing laws related to Gender-based Crimes are inadequate as
well as fails to protect the women against crime.”
1.4 OBJECTIVES OF THE RESEARCH
The main objectives of the present research are as follow:

1. To find the main causes of crime against women in Himachal Pradesh.
2. To gain a deeper understanding of laws dealing with the protection of women.
3. To study the judicial approach in the direction of the protection of women against
crime.
4. To suggest the effective measures to be taken for the protection of women.
1.5 REVIEW OF LITERATURE
S. N. Misra in his book “Indian Penal Code” discussed various section of I.P.C. which
provides the punishment for several offences according to the nature of the committed offence.
He has provides different types of punishment and theories of crime. He has also discussed the
Criminal Amendment Act, 2013 which dealt with the punishment for crimes relating to women
with latest and relevant case laws. 79
N. V. Paranjape in his book “Criminology, Penology, Victimology” has discussed the

concept of sexual offences under the heads of Crimes against Women under IPC and the special
enactments. He has also highlighted the problem of Prostitution and acid attack as an offence
under section 326-A of IPC. On the other hand, he provides the provisions of Criminal
Amendment Act 2013, Medical Termination of Pregnancy Act 1971, Domestic Violence Act
contents?field_date_value[value][year]=2018&field_select_additional_table_ti_value=All&items_per_page=All
78
(last visited on May 18, 2020, 11:26)
Id.
79
S.N. Misra: Indian Penal Code, Central Law Publication, Allahabad [19 th ed. 2014].
28
2005, Immoral Traffic Prevention Act 1956, The Sexual harassment of women at workplace
(Prevention, Prohibition and Redressal) Act 2013, and Protection of Children from Sexual
Offences Act, 2012.80
Ahuja in his book, “Violence against Women” dealt with the matter and concern of
violence against women in India. He has discussed the various types of violence committed
against women and the adjustment of the victims after facing the shock. He also includes the role
of police and judiciary in containing crimes against women. This book is based on an empirical
study of violence against women.81
S. C. Tripathi in his book, “Women and Criminal Law” dealt with the crime committed
against women in India whether physically or mentally. He discussed the Nirbhaya rape case in
detail and provides that why Criminal Amendment Act, 2013 has been passed by the Indian
Government. The author in his book has also discussed the matter of honour killing present in
the state of Punjab and Haryana with relevant and latest case laws. He also highlighted that how
the provisions of the Indian constitution get violated.82
Mamta Rao in her book, “Law Relating to Women and Children” has discussed the
various laws relating to woman and children. She has highlighted about the treatment given to a
woman from the ages and how the government can make available equal status to a woman. The
government of India has enacted many legislations to provide the equal status of women, as well
as the constitution of India, gives power to state governments to make rules for the upliftment of
women.83
Shobha Saxena in her book, “Crimes against Woman and Protective Laws” has
discussed about the existing laws dealing with the protection of woman against crimes. She also
desires to create knowledge and awareness about the scandalous or heinous crimes committed
against a woman. She provided that crime against women is the most burning issue present in
Indian society and every third woman get exploited in India.84
80
N.V. Paranjape: Criminology, Penology, Victimology, Central Law Publication, Allahabad [17th ed.2017].
81
Ram Ahuja, Violence against Women, Rawat Publications, New Delhi, 1998.
82
S.C. Tripathi: Women and Criminal law, Central Law Publications, 2014.
83
Mamta Rao, Law Relating To Women and Children, Eastern Book Company, 2012.
84
Shobha Saxena: Crimes against Women and Protective Laws, Deep and Deep Publications, 2014.
Chawla in his book, “Women and Law in India” provides information about the
constitution of India and also discussed the laws relating to maintenance, adoption, succession,
labour laws as well as special laws dealing with the protection of woman. He also highlighted
that constitution of India provides equal status to every person irrespective of caste, colour, sex
and religion.85
Neera Desai in her book, “Women and Society in India” draws attention to the social,
political, economic and educational position of women in Indian society. She has underlined the
efforts of women community for equal status of Indian women against the ever-changing social,
economic, political and academic backgrounds. She has also discussed that in Patriarchal society
it is very difficult for a woman to fight for her rights and raise her voice against violence which
is committed against her body whether publically or privately.86
B.K. Pal in his book, “Problems and Concern of Indian Woman” dealt with the issues
and challenges faced by the Indian Woman and her struggle for equal status in the society. The
author has highlighted the problems related to gender inequality and discrimination against
Indian woman. He discussed that a woman is considered as Shakti but after this, she gets
exploited by her own family members.87
Srivastava in his book, “Women and Crime” provides an overview of how a woman is
affected by crime and criminal justice system. He has discussed the present and past status of
women in India and different forms of crime committed against a woman. He has also critically
evaluated the criminal justice system of India.88
Indira Sharma publishes an article, “Violence against Women: Where Are the
Solutions?” in Indian journal of psychiatry. She provides the data of national crime record
bureau on the crime against women. She has also discussed the Woman’s place in Indian society,
different forms of crime as well as causes of violence against women.89
85
Monika Chawla, Women and Law in India, Deep and Deep Publication: New Delhi, 2006.
86
Neera Desai, et al., Women and Society in India, Ajanta Publication: Delhi, 2011.
87
B.K. Pal: Problems and Concern of Indian Women, ABC Publishing house, 1987.
88
Sushma Srivastava, Women and Crime, Commonwealth Publishers, New Delhi, 2008.
89
Indira Sharma: Violence Against Women: Where the Solutions, Indian Journal of Psychiatry, April 2015.
30
Bengiano, et. al, published a paper which dealt with, “Women’s Rights and Violence
against Women” in American Journal of social issues and humanities”. A violent behaviour
against their females has been inherited by humans from their common ancestor. The fight
against violence has now been linked to gender equality and women empowerment. The solution
to the problem of violence and cruelty against women lies with the education of new generations
of young men.
Chaudhary published an article, “Domestic Violence in India” in ‘Journal of Indian

research’. Domestic violence is one of the most common crimes against women which are linked
to the patriarchy. Domestic violence refers to violence against women not only in the
matrimonial house but also in a live-in relationship. Domestic violence is recognized as a
significant barrier in the path of women empowerment. India has specifically legislated the
Domestic Violence Act in 2005 to reduce the violence against women.90
Maithreyi Krishna raj published an article; “Understanding Violence against Women”.

Violence can be visible or invisible in moral terms. The article in this special issue has discussed
different forms of atrocities against women. He described that violence against women is the
most sensitive issue present in society. A woman faces violence on a high level at her home.91
Satvinder Kaur in her article, “An Analysis of Lacking Security and Increasing Rape
Crime in India” analyzed the rape incidences and various factors related to rape from 2001 to
2010 in India and highlights how the young women have more danger of rape and discussed the
strategies to overcome such problems. The author has discussed in detail about the heinous
crimes against women and declares it as the most burning issue present in Indian society.92
Ritu Dhanoa In her paper, “Violation of Women Human Rights in India” pointed out
that although equal rights have been ensured to both men and women by The Constitution of
India there is a huge gap between the law and its practice. She has highlighted that The
90
Sudha Chaudhary, Domestic Violence In India, Journal Of Indian Research, [Vol. 1, 2013]
91
Maithreyi Krishnaraj: Understanding the Violence against Women, Economic and Political Weekly, Vol.42, 03
Nov, 2007.
92
Satvinder Kaur, An Analysis of Lacking Security and Increasing Rape Crime in India, International Research
Journal of Social Sciences, Vol. 3 (1), 2014.
31
Constitution of Indian provides equality before the law and equal opportunity to every person on
an equal amount but in real life, still, she gets offended and exploited by men.93
B. R. Sharma, Manisha Gupta in the article, and “Gender-Based Violence in India” A

Never-ending Phenomenon highlighted some of the customs, prevalent for years in India, to
reveal the gender-based violence. It also highlighted that Gender-based violence is quite
common in almost all developing countries.94
Batra published an article, “Women and law” in the Journal of Indian law institute, in
which he talked about Article 14 of the Indian Constitution. He highlighted that Article 14 of the
Constitution provide equal treatment and equal protection of law to both men and women. He
discussed about the constitutional provisions which preserve the rights of women in the society
and provide them equality before the law.95
Desai and Thakkar in their book, “Women in Indian Society” tried to study the effects
of major social changes on the position of women. He has discussed about the social status of
women in the present time and during the ancient period. The author has also discussed the
contribution and struggle of women for equal status in society. He has highlighted the
contribution of social reformers and Britishers for the augmentation of the status of women in
Indian society.96
Singla in his article, “The Protection of Women from Domestic Violence Act, 2005: A
Critique” described that domestic violence is an immemorial practice and it should be restricted
by the government for the development of women by adopting several policies. It is prevalent
not only in India but also throughout the world. He also highlighted that it is a slippery concept
that cannot be understood only in physical terms.97
93
Ritu Dhanoa: Violation of women Human Rights in India, International Journal in Multidisciplinary and Academic
Research, Vol. 1, No. 4, November-December.
94
B. R. Sharma and Manisha Gupta, Gender Based Violence in India: A Never-ending Phenomenon. Journal of
International Women's Studies, Vol. 6 (1), 2004.
95
Manjula Batra, Women and Law, Journal of Indian Law Institute.’
96
Meera desai and Thakkar: Women in Indian Society, National Book Trust, New Delhi, 2001.
97
D.k. Singla: The Protection Of Women From Domestic Violence Act, 2005: A Critique, Orient Journal Of Law
And Social Sciences, Vol. V, 2011.
32
Malik and Malik, in their article, “Rights of Women under Indian Constitution: an
Analysis” observed that the constitution of India guarantees gender-based equality under Article
14, 15 and 16. They also highlighted that future of Indian women is quite bright but there is a
great need for awaking the women socially, without social awareness constitutional rights have
no value.98
1.6 RESEARCH QUESTIONS
Research on ‘Gender-based violence against Women in Himachal Pradesh’ arise many

questions which are as follows:
1. Whether the existing laws are sufficient to protect women against crime?
2. Whether an increase in crime rates against women is the result of the inefficient legal
justice system?
1.7 UNIVERSE OF STUDY
Present research work is based on Gender-based Crimes against Women in the state of
Himachal Pradesh. To complete the research work laws made by the legislature for the
protection of women will discuss and cases decided up to Dec. 2019 shall be considered. Hence,
the universe of the research work is limited to Himachal Pradesh.
1.8 RESEARCH METHODOLOGY
The present research work is based on doctrinal and analytical research. To complete the
research work, the material is collected from secondary sources.
Data for the research purpose is collected from various legislation such as Indian Penal
Code, 1860, Medical Termination of Pregnancy Act, 1971, The Dowry Prohibition Act, 1961,
The Immoral Traffic (Prevention) Act, 1956, The Protection of Women from Domestic Violence
Act, 2005, The Commission of Sati (Prevention) Act, 1987, The Sexual Harassment of Women
at Workplace (Prevention, Prohibition and Redressal) Act, 2013, Dowry Prohibition Act, 1961,
Himachal Pradesh State Commission for Women Act, 1996, The Criminal Law (Amendment)
98
Monika Malik and Rajat Malik, Rights of Women under Indian Constitution: An Analysis, Orient Journal of Law
and Social Sciences, Vol. V, 2011.
Act, 2013, The Protection of Children From Sexual Offences Act, 2012, The Criminal Law
(Amendment) Act, 2018, The Dowry Prohibition (Himachal Pradesh Amendment) Act, 1976.
Secondary data for research purpose is collected from various sources including books,
crime reports, journals, articles, internet, library, newspaper and various judgement passed by the
various courts of India.
1.9 TENTATIVE CHAPTERISATION
The present study shall be divided into six chapters;
Chapter-1 is titled as ‘Introduction’ it shall cover introduction, problem profile,

hypothesis, review of literature, objectives of the research, research questions, universe of the
study, research methodology and tentative chapterisation of the research.
Chapter-2 is titled as ‘Status of Women in India: Historical Perspective’ which

discuss about the status of women in India in historical perspective. It shall also discuss the
present position of women in India and in the state of Himachal Pradesh.
Chapter-3 is titled as ‘Gender-Based Crimes against Women’ which shall discuss the
meaning of gender-based violence, definitions of violence and forms of gender-based violence. It
shall also discuss causes of crime, stages of violence against women and various kinds of crimes
provided under the Indian Penal Code: theoretical explanation.
Chapter-4 is titled as ‘Laws dealing With the Protection of Women’ which shall
include various laws passed by the legislature for the protection of women including Criminal
(Amendment) Act, 2013, The Protection of Children From Sexual Offences Act, 2012, Criminal
(Amendment) Act, 2018, Himachal Pradesh State Commission for Women Act, 1996 and
Domestic Violence (Himachal Pradesh Amendment) Act, 1976.
Chapter-5 is titled as ‘Judicial Approach towards Gender-Based Crimes’ which shall

discuss the landmark judgements and guidelines passed by the Supreme Court and various high
courts for the protection of rights of women.
Chapter-6 is titled as ‘Conclusion and Suggestions’ which will conclude the research
work and give some suggestions for the protection of rights of women as well as how a woman
can protect herself from a crime.
BIBLIOGRAPHY
A. BOOKS
1. A.S. Altekar, The Position of Women in Hindu Civilization, 353, Motilal Banarsidass, (12th
ed. 2016)
2. B.K. Pal: Problems and Concern of Indian Women, ABC Publishing house, 1987.
3. Chandarakala Anandro, Changing Status of Women In Post-Independence India, 173,
Allied Publishers, Bombay, (1st Ed. 1969)
4. Courtney Stanhope Kenny, Outline Of Criminal Law, 15, University Press, (11th Ed. 1922)
5. D.D. Basu, Human Rights in Constitutional Law, 3, Lexis Nexis Publishers (3rd Ed. 2008)
6. Frieda Hauswirth Das, Purdah: The Status of Indian Women, Routledge, (1st ed. 2016)
7. Gurappa Naidu, Violence against Women in India, 44, Serials Publication, New Delhi, 2011.
8. H.O. Agarwal, International Law and Human Rights, 785, Central Law Publications (21st
Ed. 2016)
9. James Stephen, General view of Criminal Law of England, 3, Cambridge University
Press, 2014.
10. Jayant Chaudhary, Violence against Women and Children: Issues and Concerns,
Serials Publications, New Delhi, 2012.
11. Jonathan Law and Elizabeth A. Martin, A Dictionary of Law, 144, Oxford University
Press, (7th ed. 2009)
12. M.K. Gandhi, et. al, Women and Social Injustice, Navajivan Publishing
House, Ahmadabad, 2005.
13. Mamta Rao, Law Relating To Women and Children, Eastern Book Company, 2012.
14. Monika Chawla, Women and Law in India, Deep and Deep Publication: New Delhi, 2006.
15. N.V. Paranjape: Criminology, Penology, Victimology, Central Law
Publications, Allahabad, (17 ed. 2017).
16. Neera Desai, et al., Women and Society in India, Ajanta Publication: Delhi, 2011.
17. Prabhat Chandra Tripathy, Crime against Working Women, APH Publishing
Corporation, New Delhi, 2000.
18. Ram Ahuja, Violence against Women, Rawat Publications, New Delhi, 1998.
19. Ramchandra Verma Shastri, Manusmriti, Shlok no. 56, Prabhat Prakashan Publishers (1st
ed. 2020)
20. S. N. Misra: Indian Penal Code, Central Law Publication, Allahabad (19th ed. 2014).
21. S.C. Tripathi: Women and Criminal law, Central Law Publications, 2014.
22. Shobha Saxena: Crimes against Women and Protective Laws, Deep and Deep
Publications, New Delhi, 2014
23. Sushma Srivastava, Women and Crime, Commonwealth Publishers, New Delhi, 2008.
B. BARE ACTS
1. The Commission of Sati (Prevention) Act, 1987

2. The Criminal Law (Amendment) Act, 2013
3. The Criminal Law (Amendment) Act, 2018
4. The Dowry Prohibition (Himachal Pradesh Amendment) Act, 1976
5. The Dowry Prohibition Act, 1961
6. The Himachal Pradesh State Women Commission for Women Act, 1996
7. The Hindu Succession Act, 1956
8. The Immoral Traffic (Prevention) Act, 1956
9. The Indecent Representation of Women (Prohibition) Act, 1986
10. The Medical Termination of Pregnancy (Amendment) Bill, 2020
11. The Medical Termination of Pregnancy Act, 1971
12. The Prohibition of Child Marriage Act, 2006
13. The Protection of children from sexual offences Act, 2012
14. The Protection of Women from Domestic Violence Act, 2005
15. The Sati (Prevention) Act, 1987
16. The Sexual Harassment of Women at Workplace (Prevention, Prohibition and
Redressal) Act, 2013
C. DISSERTATION
1. Arundhati, Crime against Women in India, Jagannath University, (Ph.D. Diss., 2016),
available at: https://shodhganga.inflibnet.ac.in/bitstream/10603/140422
2. Dinesh Kumar Sharma, Crime against women: a socio legal study of rape law with
special reference to Delhi, Aligarh Muslim University, (Ph.D. Diss., 2014), available at:
https://shodhganga.inflibnet.ac.in/bitstream/10603/52365
3. Jayant Kumar Dhurandhar, Crime atrocities and violence against women, Mahaveer
Academy of Technology and Science University (MATS University), (Ph.D. Diss., 2014),
available at: https://shodhganga.inflibnet.ac.in/bitstream/10603/180739
4. Nital Sahebrao Nandedkar, A Socio Legal Study On The Prevention Of Sex
Determination Test With Special Reference To Female Foeticide In Marathwada Region,
Swami Ramanand Teerth Marathwada University, (Ph.D. Diss., 2016), available at:
5. Subash Chandra Yadav, Crime against women with special reference to impact of
criminal law amendment act 2013 a critical analysis, Mahatma Gandhi Kashi Vidyapith
(Ph.D. Diss.2017). Available at:
6. Sumaiya Musharraf Farooqui, Gender inequality and domestic violence a study,
Chhatrapati Sahuji Maharaj University, Kanpur (Ph.D. Diss., 2013), available at:
7. Umme Habiba, Protection of Women’s Rights in India Judicial Intervention
and Interpretation, Aligarh Muslim University, (Ph.D. Diss., 2017), available
at: https://shodhganga.inflibnet.ac.in/bitstream/10603/209803
D. REPORTS
1. DESHP, Women and Men in HP: Department of Economics and Statistics

Government, Himachal Pradesh, 2015. Available at:
http://himachalservices.nic.in/economics/pdf/ManWomenHP2015_A1b.pdf
2. Etienne G. Krug et. al., World Report on Violence and Health, Geneva, 5, World
Health Organization [WHO], 2002.
3. National Crime Record Bureau, Crime in India: 2018, Ministry of Home Affairs,
New Delhi, Statistics Volume I, 2019. Available at:
https://ncrb.gov.in/sites/default/files/Crime%20in%20India%202018%20-
%20Volume%201.pdf
4. National Crime Record Bureau, Crime in India: 2018, Ministry of Home Affairs, New
Delhi, Additional Tables (District Wise) 2018. Available at: https://ncrb.gov.in/crime-in-
indiatablecontents?field_date_value[value][year]=2018&field_select_additional_table_ti_v
alue=All&items_per_page=All
5. National Crime Record Bureau: Crime in India: 2012, Ministry of Home Affairs,
2012. Available at:
https://ncrb.gov.in/sites/default/files/Compendium/Compendium2012.pdf
6. Sudha Chaudhary, Domestic Violence in India, Journal of Indian Research, [Vol. 1, 2013]
7. Sumedha Kirti, Every Third Women in India Suffers Sexual, Physical Violence At
Home, (National Family Health Survey [NFHS-4], 2015-2016
8. World Health Organization, World Report on Violence and Health, Chapter-
6, (Geneva: World Health Organization, 2002)
9. National Human Rights Commission, Order dated April 1, 2002 in Case No.
1150/6/2001- 2002. Available at: https://cjp.org.in/wp-content/uploads/2017/06/NHRC-
Report-July- 2002.pdf
E. DICTONARIES
1. Cambridge Dictionary, https://dictionary.cambridge.org

2. Catherine Soanes, Oxford English Mini Dictionary, Oxford University Press, (7th ed. 2007)
3. Collins Dictionary, https://www.collinsdictionary.com
4. Henry Campbell Black, Violence, Black’s Law Dictionary, 1564, West Publishers (7th ed.
1999)
5. L.B. Curzon, Violence, Dictionary of Law, Intl Ideas Publishers, (4th Ed. 1994
6. Merriam Webster’s Dictionary, https://www.merriam-webster.com
F. ENCYCLOPEDIA
1. Encyclopaedia of Britannica, https://www.britannica.com

2. Richard S. Frase, Violence, Encyclopedia of Crime and Justice, 1618, Macmillan
Reference USA, (2nd Ed. 2001)
G. ARTICLES AND JOURNALS

1. Alison Rutherford, et. al., Violence: a glossary, Journal of Epidemiology and
Community Health, Vol. 61 (8), August, 2007.
2. B. L. Himabindu, et. al., Whose problem is it anyway? Crimes against Women in
India: Global Health Action, Vol. 7, (1) 2014. Available at:
https://www.ncbi.nlm.nih.gov/pmc/articles/PMC4107300/
3. B. R. Sharma and Manisha Gupta, Gender Based Violence in India: A Never-ending
Phenomenon, Journal of International Women's Studies, Vol. 6 (1), 2004. Available at:
https://vc.bridgew.edu/cgi/viewcontent.cgi?referer=https://in.search.yahoo.com/&httpsredir
=1&article=1485&context=jiws
4. D.k. Singla: The Protection Of Women From Domestic Violence Act, 2005: A
Critique, Orient Journal Of Law And Social Sciences, Vol. V, 2011.
5. Indira Sharma: Violence Against Women: Where the Solutions, Indian Journal
of Psychiatry, Vol. 57(2), April 2015.
6. Justice J.S. Verma, The Universe of Human Rights, 3, Journal of The Indian Law Institute,
Vol. 47, No. 4 (December, 2005)
7. Maithreyi Krishnaraj: Understanding the Violence against Women, Economic and
Political Weekly, Vol.42, 03 Nov, 2007.
8. Manjula Batra, Women and Law, Journal of Indian Law Institute.’
9. Meera Desai and Thakkar: Women in Indian Society, National Book Trust, New
Delhi, 2001.
10. Monika Malik and Rajat Malik, Rights of Women under Indian Constitution: An
Analysis, Orient Journal of Law and Social Sciences, Vol. V, 2011.
11. Olufunmilayo I Fawole, Economic violence to Women and Girls, Journal of
Trauma Violence and Abuse, Vol. 9 (3), August, 2008.
12. Parathaman G. et. al., Indian Women Status: A Historical Perspective, Malaysian Journal
of Social Sciences and Humanities (MJSSH), Vol. 3, April 2019.
13. R. H. Waghamode, et. al., Domestic Violence against Women: An Analysis,
International Research Journal of Social Sciences, Vol. 2 (1), 2013.
14. Ritu Dhanoa: Violation of women Human Rights in India, International Journal
in Multidisciplinary and Academic Research, Vol. 1, No. 4, November-
December.
15. Sapna Kumar, et. al., Violence against Women, Industrial Psychiatry Journal, Vol. 18
(2), July- December 2009. Available on:
https://www.ncbi.nlm.nih.gov/pmc/articles/PMC2996197/
16. Satvinder Kaur, An Analysis of Lacking Security and Increasing Rape Crime in
India, International Research Journal of Social Sciences, Vol. 3 (1), 2014.
17. UNICEF, Domestic Violence against Women and Girls, 3, Innocenti Digest, No. 6,
June 2000.
18. Kriti Dwivedi, The Medical Termination of Pregnancy Act, 1971: An Overview,
available at: http://www.legalservicesindia.com/articles/pregact.htm
19. Kudrat, Section 375: Analysis of Provisions Relating to Rape. Available at:
https://www.lawctopus.com/academike/section-375-analysis-of-provisions-relating-to-rape/
20. Nitisha, Manu’s View on the Status of Women, available at:
http://www.yourarticlelibrary.com/women/manus-view-on-the-status-of-women/47392
21. P. Srivastava, Status of Women in India: Ancient, Medieval and Modern, available at:
https://www.sociologydiscussion.com/status-of-women/status-of-women-in-india-ancient-
medieval-and-modern-sociology/13526
22. Puja Mondal, Status of Women in Vedic and Post-Vedic Period, available at:
http://www.yourarticlelibrary.com/society/status-of-women-in-vedic-and-post-vedic-
period/4397
23. Shreya Kalra, Dowry Related Violence Kills over 20 Women Daily, Intersectional
Feminism, available at: https://feminisminindia.com/2018/03/12/dowry-related-
violence- kills-20-daily/
24. Shuani, Status of Women in Ancient India,
http://www.yourarticlelibrary.com/women/status-of-women-in-ancient-india/47636
25. Women Empowerment in Hill States: A Case Study of Himachal Pradesh is available
on: http://www.iipa.org.in/New%20Folder/12--Gopal.pdf
H. NEWSPAPER
1. Akriti Anand, NCRB data 2018: 1 rape reported every 15 minutes in India. Available at:
https://www.indiatoday.in/india/story/ncrb-2018-woman-reports-rape-every-15-minutes-in-
india-1635924-2020-01-11
2. Gopal Puri, Himachal Pradesh: Most rape cases in Kangra not genuine, say police.
The Times of India, Shimla. Available at:
https://timesofindia.indiatimes.com/city/shimla/himachal-pradesh-most-rape-cases-in-
kangra-not-genuine-say-police/articleshow/67994178.cms
3. Manish Pratim Gohain, Ban Condoles death of gang-rape victim. Available at:
https://timesofindia.indiatimes.com/india/Ban-condoles-death-of-gang-rape-victim-urges-
reforms-to-deter-violence-against-women/articleshow/17830281.cms?referral=PM
4. Naresh K Thakur, Rape cases in Himachal up by 38% in 2018: NCRB report, Hindustan
Times, Chandigarh. Available on: https://www.hindustantimes.com/chandigarh/rape-
cases- in-himachal-up-by-38-in-2018-ncrb-report/story-
49NuPHB8SC8Fwf29IGjVkM.html
5. Navneet Rathore, Rise in cases of rape and cruelty against women in HP, Hindustan
Times, Chandigarh. Available on: https://m.hindustantimes.com/chandigarh/rise-in-cases-
of-rape- and-cruelty-against-women-in-hp-reveals-data
6. PTI, 700 cases of female atrocities, 345 rapes reported across Himachal Pradesh,
Mirrornownews.com. available on: https://www.timesnownews.com/mirror-now/in-
focus/article/700-cases-of-female-atrocities-345-rapes-reported-across-himachal-pradesh
7. PTI, Crimes against Women Increasing: Supreme Court. Available at:
https://timesofindia.indiatimes.com/india/Crimes-against-women-increasing-Supreme
Court/articleshow/24944024.cms
8. Sumedha Kirti, Every Third Women in India Suffers Sexual, Physical Violence At Home,
(National Family Health Survey [NFHS-4], 2015-2016) available at:
https://www.news18.com/news/india/the-elephant-in-the-room-every-third-woman-in-india-
faces-domestic-violence-1654193.html
I. INTERNET SITES
1. http://www.legalserviceindia.com
2. https://www.lawctopus.com
3. https://www.shareyouressays.com
4. https://www.researchgate.net
5. https://www.sociologydiscussion.com
6. http://www.bareactslive.com
7. https://study.com
8. https://www.vakilno1.com
9. https://feminisminindia.com
10. https://www.learnreligions.com
11. http://www.yourarticlelibrary.com
12. http://himachalservices.nic.in
13. https://www.globalhealthrights.org
14. https://eige.europa.eu
15. https://www.latestlaws.com

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GENDER-BASED CRIMES AGAINST WOMEN IN

HIMACHAL PRADESH: AN ANALYSIS

Submitted in partial fulfilment of the requirements for award of the degree of

Under the supervision of

Dr. SHASHI BHUSHAN,

Assistant Professor of Law,

School of Legal Studies and Governance,

Career Point University, Hamirpur (H.P)

SCHOOL OF LEGAL STUDIES AND GOVERNANCE

CAREER POINT UNIVERSITY, HAMIRPUR

TIKKAR (KHARWARIAN), BHORANJ

HAMIRPUR (HP) - 176041, INDIA

Sr. No. Title Page

1.1.1 Meaning of Crime 6

1.1.2 Definition of Crime 7

1.1.3 Elements of Crime 9

1.1.4 Situation of Women during Ancient India 9

1.1.5 Situation of Women in Modern India 12

1.1.6 Crimes Against Women 15

1.2 Problem Profile 17

1.4 Objectives of the Research 28

1.5 Review of Literature 28

1.6 Research Questions 33

1.7 Universe of the Study 33

1.8 Research Methodology 33

1.9 Tentative Chapterisation 34

य 7 नाय´™ु पू¾€े रम€े त 7 दे वताः ।

1.1.1 Meaning of Crime

1.1.2 Definitions of Crime

According to Merriam Webster’s dictionary, “A Crime is an illegal or unlawful act for

According to Donald Taft, “Crime is a social injury and an expression of subjective

According to Blackstone, “Crime is an act committed or omitted in violation of a public

According to Encyclopaedia of Britannica, “Crime is intentional commission of an act

According to Austin, “Crime is a wrong which is practice at the prudence or discretion of

1.1.3 Elements of Crime

1. Human being: there should be an act done by a human being.

1.1.4 Situation of Women during Ancient India

1.1.4.1 Women during the Ancient Period

1.1.4.2 Women during the Medieval Period

1.1.4.3 Women during the Modern Period

1.1.5 Situation of Women in Modern India

a) Male dominant society,

1.1.6 Crime against Women

1. Crimes identified under Indian Penal Code, and

1. Crimes Identified Under The Indian Penal Code (IPC)39

a) Rape (Sec. 376 IPC)

a) The Dowry Prohibition Act, 1961

1.2 PROBLEM PROFILE

Meaning of Gender-based crimes against women is direct or indirect physical, sexual or

Violence against women is considered as gender-based violence. A woman in a patriarchal

1.4 OBJECTIVES OF THE RESEARCH

The main objectives of the present research are as follow:

1.5 REVIEW OF LITERATURE

N. V. Paranjape in his book “Criminology, Penology, Victimology” has discussed the

Chaudhary published an article, “Domestic Violence in India” in ‘Journal of Indian

Maithreyi Krishna raj published an article; “Understanding Violence against Women”.

B. R. Sharma, Manisha Gupta in the article, and “Gender-Based Violence in India” A

1.6 RESEARCH QUESTIONS

Research on ‘Gender-based violence against Women in Himachal Pradesh’ arise many

1.7 UNIVERSE OF STUDY

1.8 RESEARCH METHODOLOGY

1.9 TENTATIVE CHAPTERISATION

The present study shall be divided into six chapters;