Sexual and Gender-Based Violence

- Legal Blog by Ankita Gupta

“Sexual and gender-based violence (SGBV) refers to any act that is perpetrated against a person’s will and is based on gender norms and unequal power relationships”.

- UNHRC

Sexual and Gender-Based Violence (SGBV) in the biggest Human Right Violation.

It is the most common and widespread illness in the world. It affects one through Physical, mental and emotional torcher sexually and Psychologically.

Most commonly SGBV is acts of cruelty by men against women although men too suffer from SGBV. This act has left no one in spare, it has decided to ruin each individual’s life whether it be male or female or any other sexual minorities.

Let’s discuss the types of SGBV

Types of Sexual and gender-based violence are

- Non-partner violence: Example -Done by colleagues;

- Interpersonal violence: Example - Done by Friends, family members;

- Intimate partner violence: Example - Done by Lover, Spouse, Ex-partner.

This inhumanity act affects the victim through physical, mental & emotional violence: whether the damage can be seen or not.

The SGBV has various stages

Stage 1: The physical force from pinch to punch;

Stage 2: Sexual violence done under by intoxicated person or sexual act against the will which leads to heinous crimes like rape, gang rape, marital rape and intimate partner rape;

Stage 3: Sexual harassment can be physical, verbal or written.

Stage 4: Economical Violence are the physical force, or threat of violence, to get money include verbal, emotional, physical trauma and sexual abuse.

All the above stages the perpetrator can be anyone, such as a client, a co-worker, a parent or legal guardian, a relative, a teacher or professor, a student, a friend, or a stranger. Harassment can occur in varying locations, in schools, colleges, workplaces, in public, and in other places; Therefore, the brutality can be occurred at any place by anyone on any innocent. It is an heinous act done by an inhuman. Yet, the problem is the society itself, as they boycott this perpetrator and designate them as inhuman although they were grown up within this society. The perpetrators are never shown up yet the victim is brutalized by all. Is it the right treatment?

Although, the act of cruelty is not part of the job for any of us! But to punish the real is the main aim to search them from the roots of the society, the thinking of the society, the so called ‘Patriarchy society’ is dominating; ‘our fight is not against all men’ but to eradicate the small thinking and change the wrong perspective of men and to bring up the real man.

The term ‘real man’ doesn't mean to show up the wrong masculinity thinking but to show up the emotions instead of hiding it, as everything is not okay is absolutely okay today.

Though some so-called men show up the ‘wrong masculinity’ which led them to different aspects about masochism that led them to sadomasochism and this led SGBV in the society.

SGBV is NEVER ACCEPTABLE in any society or such violence can never be accepted by our Constitution or in any Constitution of the world.

We know VIOLENCE IS PREVENTABLE by law or by society. If there is a single change in our society that leads to goodwill of women then it is strongly opposed to patriarchy society like ours as the mentality of men being superior is the only their mantras and to see women at a secondary position are their goals of life. Let's change this mindset. Let's bring equity in society and treat everyone with equality. Together we can end violence against us.

“SUPPORT SOCIETAL CHANGE” should be the social norms. Society doesn’t have the right to teach & support the wrongdoer or to recognize only a few and neglect the rest. It should only aim to eradicate the wrong & narrow mindset.

As there is no need to teach your girl child how to behave, how to dress up, when to come home, when to be silent. We need to change this societal thinking of people and make them understand to inculcate good value within society.

Although many women warriors struggled they threw back all the hurdles & fought for their rights and succeeded.

There are many examples in India that have seen phenomenal women who struggled and reached their goals like Kalpana Chawla—the first woman of Indian origin to go into space, Olympic medalists like PV Sindhu, MC Mary Kom, among others—succeed.

Acts framed by Government of India for SGBV: The Government of India has formed some laws in order to protect women from the violence viz. Sexual Harassment of women at workplace Act, 2013, Protection of women from Domestic Violence Act, 2005, Children Act, 2004, Sati (Prevention) Act, 1987, Dowry Prohibition Act, 1961.

After enforcing these laws still in Indian society women, children as well as the weaker section are suffering from Sexual and gender-based violence. This is how the so-called Indian Society mindset is working.

Sexual and gender-based violence starts with gender inequality between different sex. The inequality of knowing and doing begins at home and in school. In the home, generally speaking, gender is the thing that is more salient when we have interaction. Most conversations started with girls are about helping and with boys playing outside. Teachers and parents when talking to boys and girls have a very different way of speaking and what they say to girls and boys is very different. They interrupt girls much more than they interrupt boys and they talk over girls much over they talk about boys. That sends a very powerful message about who's voice is important. They also very often expect different things in terms of boys and girls regulation who are capable of controlling themselves. Young men and young ladies really have a similar capacity to control themselves. But we have a different expectation this leads to bias which affects the parents and teachers to interact with boys and girls both.

Let’s not wait to raise our voice to fight back for our equality with equity.

The SGBV not only limits men & women but has affected sexual minorities and even other living creatures of nature i.e. animals.

Our Constitution has always tried to protect each of its citizens and living creatures yet the lack of education which comes up like a pebble is from society and the mindset of the people.

Well said, law can be used as an instrument of social change when society needs it to progress.

Yet it's a hard fact that many of the people in the society don't accept the sexual minorities and try to pull them down by teasing & exploiting them. Many cases of exploiting LGBTQI people have come up these days, we have also heard gangrape, heinous injuries on innocent living creatures like dogs, goats, cows, elephants and many others. Is it right? No, we have to consider their lives as our lives, they too have the right to live their life. Animals deserve to live their life free from prosecution just as humans do but unlikely previous movements animals cannot liberate themselves.

Very well said by Mahatma Gandhi, "The greatness of a nation and its moral progress can be judged by the way its animals are treated."

There is no doubt that a great deal of cruelty to animals is due to our mindset that animals are happy as long as they are well-fed, which is not correct; imagine yourself being kept captives and then we would understand what it means.

“Compassion, in which all ethics must take root, can only attain its full breadth and depth if it embraces all living creatures and does not limit itself to mankind.”

- Albert Schweitzer

Let's raise our hand until every cage is empty and every fish tank is drained.

Can you imagine a world without animals? What do you see? A world less vibrant, less tolerant, less beautiful, less fun, a world with a lot less love. Our history, our culture, our communities, our humanity no other would be the same with animals. What we see is living with animals is one of the best deals we humans ever make.

The world of humanity is possessed of Nature and Love. So long as these are equivalent in both animals & human beings. The care & protection of a living individual will grow.

And finally, all this comes around to the environment or to your society, if your world is small your outgrow will never cross its environment although you have the capacity. Many times we see ourselves roaming around small-thinking people, this stops our growth. Let's stand and move ahead to change our environment and watch our growth. A growth with no barriers, no discrimination based on sex, caste, creed, race or whether it may be human or another living creature. Raise a voice for the speechless, be the ears for deaf, be the eyes for the blind, be a good living being and be a hero in everyone’s life, be an individual who loves its nature and cares for everyone. Be the changer, to changes in the society to stop the violence against the living.

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