Concept Page

gender-based violence

Gender-based violence refers to harm inflicted on individuals due to their gender, significantly impacting global health and human rights. It encompasses physical, emotional, and sexual abuse, with an estimated one in three women experiencing such violence worldwide.

Gender‑based violence (GBV) denotes any act of physical, sexual, psychological or economic harm inflicted on a person because of their gender. It is distinguished from other forms of violence by its rootedness in power imbalances and socially constructed gender norms, making it both a public‑health crisis and a violation of fundamental human rights. The World Health Organization estimates that 1 in 3 women worldwide have experienced physical or sexual violence, a figure that translates into roughly 736 million survivors across the globe. In India, the National Family Health Survey (NFHS‑5, 2019‑21) recorded that 30 % of women aged 15‑49 reported physical violence and 6 % reported sexual violence, underscoring the scale of the problem. ## Historical Background The international legal architecture against GBV began with the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) in 1979, which obliges signatories to condemn violence as a form of discrimination. The United Nations adopted the Declaration on the Elimination of Violence against Women in 1993, defining violence as a violation of human rights and a barrier to development. India incorporated these commitments into its constitutional fabric in 1950, with Article 15 prohibiting discrimination on the basis of sex and Article 21 guaranteeing the right to life and personal liberty, which courts later interpreted to include protection from violence. Domestically, the 1997 Supreme Court judgment in Vishaka v. State of Rajasthan pioneered a legal definition of sexual harassment and mandated the creation of workplace redress mechanisms. The 2012 “Nirbhaya” gang‑rape case catalyzed a wave of legislative reforms, culminating in the Criminal Law (Amendment) Act 2013, which broadened the definition of rape, introduced the death penalty for repeat offenders, and added Section 376 (2) to the Indian Penal Code. These milestones transformed GBV from a largely private matter into a prosecutable public offense. ## Legal Framework in India India’s statutory response to GBV is anchored in a suite of specialized laws. The Protection of Women from Domestic Violence Act 2005 (Section 3) defines domestic violence broadly, covering physical, emotional, verbal, and economic abuse, and empowers victims to seek protection orders, residence orders, and monetary relief. The Criminal Law (Amendment) Act 2013 amended Sections 376, 354, 376 (2) and introduced Section 376 (3) to address custodial rape, while Section 498A of the Indian Penal Code criminalises cruelty towards a married woman, often linked to dowry harassment. The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act 2013 mandates the formation of Internal Complaints Committees and outlines a grievance‑redressal timeline of 90 days. Implementation is overseen by the Ministry of Women and Child Development, the National Commission for Women (NCW), and the Ministry of Home Affairs, which together monitor compliance with the Protection of Children from Sexual Offences (POCSO) Act 2012 for minors. Fast‑track courts, established under the 2015 amendment to the Criminal Procedure Code, aim to dispose of GBV cases within 180 days, a target reinforced by the 2018 Supreme Court directive in State of Punjab v. Gurpreet Kaur. ## Mechanisms and Institutional Response The NCW, created by the National Commission for Women Act 1990, functions as a statutory watchdog, receiving over 1.2 million complaints annually and issuing annual reports that guide policy revisions. The Ministry’s “One‑Stop Centres” (Sakhi) network, expanded to 650 centres by 2023, provides medical, legal, and psychosocial services under one roof, reducing the average time to file a First Information Report (FIR) from 12 days to 3 days in participating districts. The nationwide helpline 181, launched in 2013, recorded 2.4 million calls in 2022, of which 68 % pertained to domestic or sexual violence. Data collection is coordinated by the National Crime Records Bureau (NCRB), which logged 4.1 lakh cognizable offences against women in 2022, a 7 % rise from the previous year, with crimes against children accounting for 23 % of the total. Police reforms, such as the 2020 “Women‑Friendly Police Stations” initiative, have introduced gender‑sensitive training modules for 45 % of officers nationwide and mandated the presence of a senior female officer in every district headquarters. These mechanisms aim to bridge the gap between statutory provisions and lived reality. ## Current Prevalence and Challenges Despite legal advances, GBV remains pervasive. The NFHS‑5 data reveal