INTRODUCTION:

Gender parity has been among the most rudimentary guarantees of human rights and a fundamental principle of the United Nations Charter adopted by world’s leader in 1945. Egalitarianism between men and women is the very heart of universal values which is imbibed in every nation. Yet millions of women around the globe continue to experience social, religious, cultural, political, economic, legal and other forms of discrimination. A gender crime is a hate crime perpetrated against a specific gender which may include instances of genital mutilation, forced prostitution, sexual violence, rape, sexual slavery, forced sterilization, gender-based persecution, trafficking and forced pregnancy.

As per the CNN, offenders usually perpetrate hate crimes as a form of retaliation, defensiveness, thrill seeking, or because they feel they need to complete a mission.¹ The gender-based violence usually affects at least 30% of women worldwide.² The gender stereotypes has been deeply rooted in our society from the very core. Despite of modernisation and westernization, the crime rate against the women has escalated over the past years. When it comes to gender equality; Norway, Switzerland, Finland, Denmark, Iceland, Austria, UK, Luxembourg and Sweden stand better off for women’s safety as per The Women, Peace and Security Index.³ Nine years ago, Thomson Reuters Foundation experts found the five most dangerous countries for women were seen to be Afghanistan, Democratic Republic of Congo, Pakistan, India and Somalia⁴ wherein India was tagged the most dangerous countries for women in 2018. India was named as the most dangerous country for women after coming fourth in the same survey nine years ago (in terms of risk of sexual violence & harassment against women; the danger women face from cultural, tribal and traditional practices and the country where women are most prone to human trafficking including domestic servitude, forced labour and sex slavery).⁵ On one hand, women are revered as Goddesses, on the other; they are subjected to mistreatment and harassment within the very society that claims to honor them. In the ancient India, women held a high place of respect in the society as mentioned in Rigveda and other scriptures but later on, women lost their status and were downgraded to the background due to social, political and economic changes. Many evil customs and traditions have stepped in which enslaved the women and tied them to the boundaries of the house.⁶

“We are victims of evil customs. It is a crime against humanity that our women are shut up within the four walls of the houses as prisoners. There is no sanction anywhere for the deplorable condition in which our women have to live”- Muhammad Ali Jinnah

As per the findings of the first-ever gender vulnerability index (GVI), the safest state to be a woman in India is Goa, followed by Kerala, Mizoram, Sikkim and Manipur whereas Delhi, Bihar, Jharkhand and UP are most vulnerable place for women.⁷Back in 2019, the UK and the US issued travel advisory for women travellers visiting India after the horrific gangrape incidents of 26-year-old veterinary doctor from Hyderabad and a young UP woman from Unnao. In the safety advice, the countries cautioned their women nationals to exercise in caution when in the country.⁸ India, also known as “Bharat Mata” is well known for its culture, traditions, civilisation, diverse religion and geographical features but is woefully a male chauvinistic nation. Women should not be harassed or considered inferior to men rather they must be given a pillar of support so that she can courageously fight against the ill-wills of the society.

Women as offenders:

In recent years feminist theorizing around gender and crime has focussed predominantly on women as victims in their own homes and communities rather than as offenders. From this same perspective, even those women convicted of criminal offences are often reframed as victims. When women commit crime, their participation in types of criminal activities, according to any method of measurement, demonstrates a clear gender patterning. Criminal women tend to commit property offences which might tentatively be labelled ‘economic-crimes’. These include specific types of thefts including customer theft, shoplifting, cheque frauds, forgeries, deceptions, drug related offences and offending related to sex work such as prostitution or soliciting. Female offenders have been perceived as victims not only of their marginalized socio-economic position generally, and within the family in particular, but literally as victims of violence and abuse within families. Whilst girls have been identified as victims of child abuse in the home, women have been framed as victims of their menfolks’ sexual, conjugal and domestic violence. A very small number of women however are convicted of violent offences. Some women commit serious violent offences against their families and against their male partners in particular.⁹ The crime rate for women is significantly lower than the crime rate for men as the most attempts to explain the differential sex ratio in crime are traditional in that they analyse physical, psychological and sociological factors which could cause such a difference.¹⁰

It has been noted that females have lower arrest rates than males for virtually all crime categories except prostitution. From a variety of sources, it is clear that females are less involved in serious offense categories, and they commit less harm. Women’s acts of violence, compared to those of men, result in fewer injuries and less serious injuries. Their property crimes usually involve less monetary loss or less property damage. Females are less likely than males to become repeat offenders. Long-term careers in crime are very rare among women. Some pursue relatively brief careers (in relation to male criminal careers) in prostitution, drug offences, or minor property crimes like shoplifting or check forging. Female offenders, more often than males, operate solo. When women do become involved with others in offenses, the group is likely to be small and relatively non-permanent. Furthermore, women in group operations are generally accomplices to males. And males are overwhelmingly dominant in the more organized and highly lucrative crimes, whether based in the underworld or the “upperworld.” Females are less likely than males to become involved in delinquent gangs. The criminal justice system’s greater “leniency” and “chivalry” toward females may explain a portion of the lower official offending rates of women in comparison to men. Although there appear to be relatively small differences between adult women and men in likelihood of arrest or conviction, women defendants do appear to have a lower probability of being jailed or imprisoned. This difference appears to be related to a variety of factors: pregnancy, responsibilities for small children, the greater likelihood to demonstrate remorse, as well as perceptions that women are dangerous and more amenable to rehabilitation.¹¹

Women as victims:

“For every crime against women there is a society which portraits victims as criminals”- Sahitya

The status of women in India has been subject to many changes over the span of recorded history. Their position in society deteriorated early in India’s ancient period and their subordination continued to be reified well into India’s early modern period. Practices such as female infanticide, dowry, child marriage, sati and the taboo on widow remarriage, have had a long duration in India, and have proved difficult to root out, especially in caste Hindu society in northern India. During the British East India Company Rule (1757-1857) and British Raj (1858-1947), measures aiming at amelioration (for women’s rights/privileges) were enacted. Women’s rights under the Constitution of India mainly include equality, dignity, and freedom from discrimination; additionally, India has various statutes governing the rights of women. The status of women has improved to an extent but still many women in India continue to face significant difficulties Violence and the crime rate against the women has been on the rise (peak) in India.¹²

The semantic meaning of ‘crime against women’ is direct or indirect physical or mental cruelty to women. Crimes which are ‘directed specifically against women’ and in which ‘only women are victims’ are characterized as ‘Crime Against Women’.¹³

Although women may be victims of any of the general crimes such as murder, robbery, cheating, etc, only the crimes which are directed specifically against women i.e. gender specific crimes are characterised as ‘Crimes against women’.

The crime against women can be categorized into:

DOMESTIC CRIMES:

Domestic Violence:

It is the abuse by one partner against another in an intimate relationship such as dating, marriage, cohabitation or a familial relationship. The abuse can be physical, emotional, verbal, economic and sexual. Nearly 70% of women are victims of domestic violence.

Marital Rape:

It has now been regarded as a criminal offense. It can be classified into three types: BATTERING RAPE includes both physical and sexual violence. FORCE-ONLY RAPE whereby husbands use the minimum amount of force necessary to coerce his wife. COMPULSIVE OR OBSESSIVE RAPE: Torture and perverse sexual acts occur and are often physically violent.

Child Marriage:

Girls are vulnerable to being forced into marriage at young ages, suffering from a double vulnerability: both for being a child and for being a female. Child brides often do not understand the meaning and responsibilities of marriage.

Female foeticide infanticide:

It is the killing of a new-born female child or the termination of a female fetus through sex-selective abortion. In India, daughters are considered to be a social and economic burden and there is an incentive to have a son as they offer security to the family.

CUSTOMARY CRIMES:

Dowry Deaths:

Though dowry is illegal in India, but it is still common practice to give expensive gifts to the groom and his relatives at weddings by the bride’s family. A dowry death is the murder or suicide of a married woman caused by a dispute over her dowry. In some cases, husbands and in-laws will attempt to extort a greater dowry through continuous harassment and torture which sometimes results in the wife committing suicide. The majority of these suicides are done through hanging, poisoning or self-immolation. Bride burning is also common in many towns.

Sati:

It was a largely historical practice found chiefly among Hindus in the northern and pre-modern regions of South Asia, in which a widow sacrifices herself by sitting atop her deceased husband’s funeral pyre.

SEXUAL CRIMES:

Rape:

India is considered to the world’s most dangerous country for sexual violence against women whereby rape is the most common crime. Although rapes are becoming more frequently reported, many go unreported or have the complaint files withdrawn due to the perception of family honour being compromised. Women frequently do not receive justice for their rapes, because police often do not give a fair hearing, and medical evidence is often unrecorded which makes it easy for offenders to get away with their crimes under the current laws. Example- Nirbhaya, Asifa, Aruna Shanbaug 1973, 1990 Bantala rape case, Anjana Mishra, Imrana, Ayesha Miran, 2013 Kamduni gang rape & murder, Birbhum, Kandhamal rape case and Suzette Jordan

Insult to modesty:

It includes assaults on women with intent to outrage her modesty and insults to the modesty of women.

Human trafficking and forced prostitution:

Human trafficking is the trade of humans for the purpose of forced labour, sexual slavery or commercial sexual exploitation for the trafficker or others. It can occur within a country or trans-nationally. Forced prostitution (involuntary prostitution) is sexual slavery that takes place as a result of coercion by a third party. It is illegal under customary law in all countries.

OTHER CRIMES:

Honor Killings:

An honor killing is a murder of a family member who has been considered to have brought dishonour and shame upon the family. The reasons for honor killings include the refusal to enter an arranged marriage, committing adultery, choosing a partner that the family disapproves of, and becoming a rape victim.

Witchcraft-related murders:

Poor women, widows and women from lower castes are most risk of such killings.

Bride kidnapping/ bridenapping/ marriage by abduction/ marriage by capture:

It is a practice in which a man abducts the woman he wishes to marry. The woman is enslaved by her abductor, raped and taken as his wife and later she may suffer different types of violence.

Acid Attack:

It is an act of throwing acid or an alternative corrosive substance onto a person’s body with the intention to disfigure, maim, torture or kill. Acid throwing can lead to permanent scarring, blindness, as well as social, psychological and economic difficulties.

E-Crimes:

It includes harassment through e-mails, cyber stalking, cyber defamation, child pornography, cyber bullying and cyber grooming.

Constitutional Provisions for the protection of Women:

The principles pertaining to gender equality is enshrined under the Indian Constitution in its Preamble, Fundamental Rights, Fundamental Duties and Directive Principles.

Article 14: The State shall not deny to any person equality before the law or equal protection of the laws.

Article 15(1): The State not to discriminate against any citizen on grounds only of religion, race, caste, sex, place of birth or any of them.

Article 15(3): The State to make any special provision in favour of women and children.

Article 23: Prohibition of Human Trafficking and bonded labour.

Article 42: The State to make provision for securing just and humane conditions of work and maternity relief.

Article 46: The State to promote with special care the educational and economic interests of the weaker sections of the people and to protect them from social injustice and all forms of exploitation.

Article 51(A) (e): To promote harmony and the spirit of common brotherhood amongst all the people of India and to renounce practices derogatory to the dignity of women.¹⁴

Legal Provisions for women:

Factories Act 1948: A woman cannot be forced to work beyond 8 hours and prohibits employment of women except between 6A.M. and 7 P.M.

Maternity Benefit Act 1961: A woman is entitled 12 weeks maternity leave with full wages.

Dowry Prohibition Act, 1961: The demand of dowry either before marriage, during marriage and or after the marriage is an offence.

The Child Marriage Restrain Act of 1976: The Act raises the age for marriage of a girl to 18 years from 15 years and that of a boy to 21 years.

The Medical Termination of Pregnancy Act of 1971: The Act safeguards women from unnecessary and compulsory abortions.

The National Commission for Women Act, 1990: The Commission was set up in January 1992 to review the Constitutional and legal safeguards for women.

Protection of Women from Domestic Violence Act, 2005: This Act protects women from any act/conduct/omission/commission that harms, injures or potential to harm is to be considered as domestic violence. It protects the women from physical, sexual, emotional, verbal, psychological, economic abuse.¹⁵

The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013:

It seeks to protect women from sexual harassment at their place of work.¹⁶ This statute superseded the Vishaka Guidelines for Prevention of Sexual Harassment (POSH) introduced by the Supreme Court of India.

Crime heads under the Bharatiya Nyaya Sanhita, 2023:

Rape (Sec. 63), Sexual intercourse by husband upon his wife during separation (Sec. 67), Sexual intercourse by a person in authority (Sec. 68), Sexual intercourse by employing deceitful means (sec. 69), Gang rape (Sec. 70), Assault or use of criminal force to woman with intent to outrage her modesty (Sec. 74), Sexual harassment (Sec. 75), Assault or use of criminal force to woman with intent to disrobe (Sec. 76), Voyeurism (Sec. 77), Stalking (Sec. 78), Word, gesture or act intended to insult the modesty of a woman (Sec. 79), Dowry death (Sec. 80), Cohabitation caused by man deceitfully inducing belief of lawful marriage (Sec. 81), Marrying again during lifetime of husband or wife (Sec. 82), Enticing or taking away or detaining with criminal intent a married woman (Sec. 84), Husband or relative of husband of a woman subjecting her to cruelty (Sec. 85), Kidnapping, abducting or inducing woman to compel her marriage etc. (Sec. 87), Causing miscarriage (Sec. 88), Causing miscarriage without woman’s consent (Sec. 89), Death caused by act done with intent to cause miscarriage (Sec. 90).

CONCLUSION:

Though we have the requisite legal provisions that safeguards women’s rights but unfortunately, they are not properly implemented. Delayed judicial processes, the undue protection of influential individuals, the assumption that women are always victims, and the rise of false allegations all serve as significant obstacles to achieving true justice. Hence, we need to focus more on the implementation part and ensure that timely justice is granted to the aggrieved. There is a need to grant more powers to the state commissions for women and NGOs so as to ensure efficiency and effectiveness in addressing women’s rights and protection.

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17. LARRDIS, op. cit, p.4

18. The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, s 3

Received on 03.10.2025 Revised on 01.11.2025

Accepted on 29.11.2025 Published on 11.05.2026

Available online from May 14, 2026

Asian Journal of Management. 2026;17(2):186-190.

DOI: 10.52711/2321-5763.2026.00029

This work is licensed under a Creative Commons Attribution-NonCommercial-ShareAlike 4.0 International License. Creative Commons License.