• UGI USER
  • Aug 06, 2024
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THE ISSUE OF INSTITUTIONAL VIOLENCE, ADDRESSING IT

Relevance

  • GS 1 – Indian Society, 
  • GS 2 – Governance, Social Justice, 
  • GS 3 – Internal Security.

Focus

The ongoing problem of institutional violence in India is examined in this paper, with a focus on gender-based violence. It looks at the effects on survivors, the structural problems with the legal system, and the bigger picture of social justice and governance.

Source: www.thelancet.com

Current Scenario

Prevalence of Violence: 

  • Institutional violence, especially gender-based violence, is still a major problem in India even with the participation of millions of women voters in elections.
  • Domestic abuse affects almost 50% of women, and the rate is substantially higher for Dalit women.
  • This paradox that is, a high rate of political involvement along with widespread institutional violence highlights the deeply ingrained problems in Indian society.

Systemic Challenges: 

  • Biases and insensitivity within the police and judiciary can exacerbate institutional violence by impeding survivors’ access to justice.
  • A B.P.A.I.L. research states that 39% of police show no concern for gender-based concerns, indicating a serious deficiency in the efficient application of laws intended to safeguard vulnerable populations.

Key Issues

Prolonged and Worse

  • Gender-based violence: 
    • Though it’s commonly assumed that personal partners are the ones who commit these crimes, gender-based violence also includes institutional violence.
    • After speaking with more than 200 survivors and specialists, it became clear that institutional violence exacerbates suffering, which is why politicians must take action in this area.
  • Effect on Survivors: 
    • Victims of institutional violence may be greatly discouraged from pursuing justice. The police and court system’s sluggish and frequently callous response aggravates this. 
    • One paper, for instance, noted that victims frequently encounter several obstacles, such as reporting crimes and enduring drawn-out legal procedures, which might re-traumatize them and discourage other people from coming forward.

Problems in Rural India

  • Access to Justice: 
    • Many survivors in rural India are unable to seek justice due to social and cultural impediments and the problem is made more difficult by the patriarchal framework in these places.
    • Other obstacles that women, especially those from marginalized groups, must overcome include a lack of access to legal aid, literacy, and socioeconomic support.
  • Impact on Health and Education:
    • Survivors of institutional violence are more marginalized as a result of their limited access to livelihood opportunities, health care, and literacy.
    • Due to their limited access to basic amenities, a large proportion of women living in rural areas are more vulnerable and have less prospects for social and economic mobility.

Legislative and Policy Measures

Strong Laws, Weak Implementation

  • Domestic violence laws: 
    • India has strong laws against domestic abuse, but ineffective procedures and a lack of empathy on the part of officials make it difficult to enforce them.
    • It is imperative that the justice system be reformed to include trauma-informed practices.
    • According to a UN assessment, although legislation in India are progressive, enforcing them is still very difficult and frequently results in the most vulnerable people not being protected.
  • Data and Stories: 
    • To fully grasp the scope of the problem, more information about institutional violence is required.
    • According to a Samarthya research, 77% of women are afraid of the system and don’t talk about their experiences. 
    • Policymakers can create more effective targeted initiatives to address these concerns by gathering and sharing data on violence.
Case Studies

  • Nirbhaya Case (2012):
  • Incident: A young woman was brutally gang-raped and murdered in Delhi.
  • Impact: The case exposed serious shortcomings in India’s treatment of gender-based violence, sparking massive protests.
  • As a result, the Criminal Law (Amendment) Act of 2013 was approved, increasing harsher punishments for sexual assault and establishing rape-specific courts.

Bhanwari Devi Case (1992):

  • Incident: Bhanwari Devi, a social worker, was gang-raped in Rajasthan after attempting to prevent a child marriage.
  • Impact: The lawsuit highlighted workplace sexual harassment and institutional failings to defend women’s rights.
  • The Vishaka Guidelines, established by India’s Supreme Court, mandate the implementation of workplace harassment prevention systems.

Kandhamal Violence (2008):

  • Incident: Widespread violence against Christians in Odisha’s Kandhamal area, including targeted attacks on women.
  • Impact: The violence highlighted the link between religious and gender-based persecution.
  • Legal interventions and a greater emphasis on the protection of underprivileged populations, while implementation is patchy.

Kathua Rape Case (2018):

  • Incident: An eight-year-old girl was raped and murdered in Jammu and Kashmir, with local authorities accused of covering up the crime.
  • Impact: The case highlighted communal violence, police collusion, and legal failures.
  • National anger prompted legislative changes, including the death penalty for raping minors under the age of twelve.

Unnao Rape Case (2017):

  • Incident: A influential politician in Uttar Pradesh raped a young woman, and her family was subjected to harsh harassment.
  • Impact: The case demonstrated the role of power and politics in impeding justice for survivors.
  • As a result, political influence in legal processes has received more scrutiny, as have changes aimed at safeguarding witnesses and survivors.

Soni Sori Case (2011):

  • Incident: Soni Sori, a tribal school teacher and activist from Chhattisgarh, was sexually assaulted and tortured in police detention.
  • Impact: The case raised international awareness of the use of sexual abuse as a strategy of state repression.
  • Legal struggles for justice, worldwide activism, and calls for responsibility in situations of custodial violence.

Pathways to Improvement

  • Inclusive Governance: 
    • To guarantee the efficient management of violent instances, policies must incorporate gender-sensitive training and assessment methods.
    • This involves providing frequent training to judges, police officers, and medical professionals so they can respond to violent instances with the necessary urgency and sensitivity.
  • Community Involvement: 
    • Developing a just system requires including survivors and communities in the reform process.
    • Initiatives that incorporate survivors, NGOs, and community leaders in the formulation and execution of policies can guarantee that interventions are based on the experiences of the impacted parties.

Future Directions

  • Legislative Reforms:
    • By addressing systemic prejudices and incorporating victim feedback into policy development, the judicial system can function more effectively.
    • Laws must be routinely examined and revised to address the evolving nature of gender-based violence and to seal any legal gaps that let offenders escape punishment.
  • Reforms in Education:
    • Educating the public about institutional violence and survivors’ rights can enable survivors to pursue justice.
    • Courses on gender sensitivity, legal rights, and the significance of reporting assault ought to be offered in schools and universities.
  • Economic Strategies:
    • Providing survivors with healthcare, counseling, and legal assistance is essential to their rehabilitation.
    • Establishing a nationwide network of support centers can provide survivors the tools they require to start over.

Conclusion

A multimodal strategy that incorporates systemic improvements, community involvement, and legislative reforms is needed to address institutional violence. India may preserve social justice values and guarantee that survivors receive necessary care by establishing a justice system that is both sensitive and inclusive. Building a society in which victims of abuse are emboldened to pursue justice and structural obstacles to their safety and recovery are removed is imperative.

Key Points

  • Despite powerful legal frameworks, institutional violence continues to be a significant concern.
  • Systemic biases and inefficiencies impede the enforcement of domestic violence legislation.
  • Inclusive policy and educational changes are critical to tackling the core causes of violence.
  • Community engagement and support programs for survivors can help them gain access to justice.
  • To develop a responsive and effective judicial system, legislative improvements must take survivors’ feedback into consideration.

Mains Question

Discuss the problems and prospects for combating institutional violence in India. How can governance frameworks be improved to effectively serve survivors of gender-based violence? (250 words).

Source: The Hindu