The Study By Manikant Singh
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Institutional Gender Violence

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Institutional Gender Violence

Context:

  • The latest concluded Lok Sabha election revealed a stark contradiction despite 642 million voters, over half of whom are female, and widespread violence—with 90 rapes reported daily—few candidates addressed women’s safety in their platforms. 
  • This issue is largely overlooked by both political parties and voters, highlighting a significant gap in addressing institutional violence against women.

 

About Institutional Gender-Based Violence:

  • Institutional violence refers to harm inflicted by institutions that wield power, often through discriminatory, humiliating, or prejudiced actions. 
  • Gender-based violence is often misunderstood as isolated acts by intimate partners, but institutional violence against survivors can be even more severe. 
  • This form of violence occurs when public officials or institutions delay, hinder, or prevent individuals from exercising their rights, thereby enforcing structural oppression.
  • For instance, a 2019 J-PAL report revealed that 39% of officers view gender-based violence complaints as baseless. 
  • With one in two women facing intimate partner violence yet a 1% divorce rate, many remain silent. 

 

Forms of Institutional Violence:

  • Barriers to Reporting:Survivors face obstacles such as police biases and scepticism, with 39% of officers in India perceiving complaints of GBV as baseless, discouraging victims from seeking help.
  • Judicial System Failures: Lengthy and traumatic legal processes can deter survivors from pursuing justice, exacerbating their trauma and contributing to a cycle of silence and disbelief.
  • Strong Laws, Weak Implementation:India’s strong domestic violence laws suffer from poor implementation due to inept officials and outdated processes. The officials often reflect the same societal attitudes that condone violence.

 

Consequences of Institutional Gender Violence

  • Perpetuation of Violence: Institutional failures can intensify the trauma experienced by survivors, making the violence more prolonged and severe than the initial acts.
  • Impact on Mental Health: Survivors may suffer significant psychological distress, feeling unsupported and marginalised by the very systems meant to protect them.
  • Problems in Rural India:In rural India, male and upper-caste dominated panchayats create significant barriers for women seeking justice. 
  • Divorce is rarely an option, and a backlog of 40 million court cases exacerbates challenges for survivors of gender-based violence, especially those from marginalised communities with systemic inequities.

 

Addressing Institutional Gender Violence

  • Need for Reform: Implementing trauma-informed policies and training for law enforcement and judicial personnel is crucial. Reforms should focus on responsiveness to survivors’ needs.
  • Data Collection and Awareness: Improved data collection and increased public awareness are essential for understanding the extent of institutional violence and advocating for accountability.
  • Collaborative Efforts: A multi-sectoral approach involving education, health, and social services, along with community engagement, is necessary to build a comprehensive support system and drive institutional change.
  • Survivor-centric institutions: To address these issues, bureaucrats and elected leaders need to create survivor-centric institutions.
  • Social impact organisations, like Vanangna in Bundelkhand, are already training officials to adopt trauma-informed approaches. 
  • Voters and politicians can drive change, similar to how educational campaigns have increased girls’ school enrollment. 

 

Legislations in India to Prevent gender based Violence 

  • Criminal Law (Amendment) Act, 2013:Introduced new offenses such as acid attacks, sexual harassment, voyeurism, and stalking. And Expanded the definition of rape.
  • Protection of Women from Domestic Violence Act, 2005:This act aims to protect women from domestic violence, encompassing physical, emotional, sexual, and economic abuse.
  • The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013:Defines sexual harassment comprehensively, including any unwelcome behavior that creates a hostile work environment.
  • The Dowry Prohibition Act, 1961: This act prohibits the giving or receiving of dowry, which is often linked to violence against women.

 

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