Violence against women and children continues across the country as criminals go unpunished in the absence of proper application of law. Women and girls suffer from physical, sexual, psychological and economic abuses while children face corporal punishment at home, school and workplace.
A report of Odhikar says 5816 women and children were raped in six years from January 1, 2001 to February 28, 2007. Among the victims 636 women were killed and 69 committed suicide after rape. 1024 women were acid victims and 1884 were subject to dowry related violence. Of them 1241 were killed, 479 were tortured, 61 sustained acid injury and 95 committed suicide.
Same incidents of murder, injury and persecution on wives by husbands and other family members mostly for realisation of dowry and having extramarital relations continues countrywide.
Women and Children Repression Prevention Act 2000 was enacted to provide stringent punishment to offenders. Section 11 (1) says (a) a husband or any family member will be sentenced to death for killing his wife, life imprisonment for attempt to kill wife, (b) rigorous life imprisonment for injuring wife and 5 to 14 years imprisonment for attempt to injure wife coupled with fine in both cases.
The constitution guarantees gender equality as referred to in Article 27 and 28 (1) and supports affirmative action to address the effects of discrimination as referred to in Article 28 (4). The country ratified UNCEDAW in 1984, endorsed CEDAW Optional Protocol 1988 and adopted International Declaration of Violence against Women, but reality is contrary to unqualified affirmation of international conventions and adherence to constitutional obligations.
Acid Offence Control Act 2002 provides death sentence to accused but many survivors are reluctant to file cases for the reason that local police and public prosecutors do not play proper role in punishing criminals.
The Children’s Act 1974 was enacted for children prohibiting death sentence and providing for life imprisonment in special circumstances, they are also protected from abusive parents and guardians. Child labour under 15 years and child trafficking are prevalent despite prohibition by law. However the Act does protect a male child from the punishment of whipping used as a form of punishment by authorities in some juvenile correction homes and orphanages.
It has been learnt that despite enactment of draconic laws violence against women and children cannot be controlled as plaintiff do not contest cases on threat or negotiation with accused apart from ineffectiveness and dishonesty of IO and public prosecutors. Besides insertion of 89A and 89B in the Civil Procedure Code 1908 introduced a system of arbitration and negotiation in cases between husband and wife relating to divorce, dowry, torture, maintenance and custody of children creating a scope for accused to get away of punishment.