Gender-Based Violence

Author: LawSphereX

Category: General Law

Published: 2026-08-23T19:57:25.401Z

Updated: 2026-08-30T07:11:02.933Z

GENDER-BASED VIOLENCE

Vedika Dalvi, KES' Shri Jayantilal H. Patel Law College Somya Saigal, KES' Shri Jayantilal H. Patel Law College

ABSTRACT

Gender-based violence (GBV) remains a widespread human rights violation that transcends national, social, and economic borders. It violates survivors' fundamental rights, security, dignity, and well-being, but it often persists owing to a culture of silence and cultural standards that accept or condone it. GBV refers to many types of interpersonal violence, such as domestic abuse, sexual assault, and stalking, which primarily affect women and girls but can also harm families and communities. Domestic abuse, a prevalent form of gender-based violence, affects almost one-third of women worldwide, according to the World Health Organization. Gender-specific violence is perpetuated by societal institutions based on unequal power relations, which are reinforced by discriminatory laws, practices, and language.

Women's marginalization in decision-making processes perpetuates the cycle of violence. Although males are typically labeled as perpetrators, violence against men is a serious issue that affects millions around the world. Cultural limitations and gender prejudices limit awareness and support for male victims. Furthermore, violence committed by women, particularly in home contexts, frequently remains unreported due to stigma and societal expectations. International declarations, such as the United Nations Declaration for the Elimination of Violence Against Women, and frameworks, such as the UNFPA Strategy to Address Gender-Based Violence, are examples of GBV prevention efforts. Organizations like as the UN Women and Men Engage Alliance push for gender equality and support victims, while law reforms and awareness campaigns seek to change cultural attitudes and practices.

Achieving long-term change means questioning existing conventions, supporting gender-neutral laws, and establishing inclusive cultures in households, workplaces, and educational settings.

1“There is a thin line. Between fighting for equal rights and fighting to be treated special and lot of people confuses the two. ” -De philosopher DJ Kyos Gender- based violence is one of the most prominent human rights violations globally which surpasses national, social, and economic barriers. It threatens survivors' natural rights, security, dignity, and well-being. Furthermore, it remains buried by a culture of silence and ignorance and is upheld by societal norms that either support it or consider it as an ordinary part of relationships between men and women. Gender-based violence (GBV) includes different kinds of interpersonal violence that occur throughout a person's life, such as domestic abuse, sexual assault, stalking, and other related forms of coercive control and violence.

Although the majority of victims are women and girls, families and communities also suffer greatly as a result. Domestic violence, also known as ‘intimate partner violence’, is one of the most prevalent types of gender-based violence. In 2013, the World Health Organization (WHO) reported that intimate partner violence affects around one-third of women worldwide. Thus, it is the most common kind of violence against women. Violence against women is referred to by the UN as "any act of gender-based violence that results in, or is likely to result in, physical, sexual, or mental harm or suffering to women, including threats of such acts, coercion or arbitrary deprivation of liberty, whether occurring in public or in private life.

" It is generally categorized into five types- physical violence as a result of unlawful physical force, sexual violence such as rape or sexual assault that is committed without the consent of the individual, psychological violence that causes psychological harm to a person and economic violence that takes the form of damaging a person’s property and restricting their access to resources. Violence against women in patriarchal society is an outcome of unequal power dynamics between men and women. The structural and cultural frameworks of societies serve as a foundation for gender-specific violence against women, which does not only occur at the individual level. 'Structural' violence then implies the interaction of prejudice-based actions at all levels. Discriminatory laws, conventions, traditions, and language, coupled with 1 De philosopher DJ Kyos — ‘There is a thin line.

Between fighting for equal rights and fighting to be treated special and lot of people confuses the two. ’ https://www. goodreads. com/quotes/11021200-there-is-a-thin-line-between-fighting-for-equal-right misogynistic remarks, are examples of structural violence. People's thoughts and behaviors are influenced by these structures both consciously and subconsciously. Those who are socialized into these systems then go on to sustain them, creating a vicious cycle that guarantees sexism's persistence and expression, which in turn upholds the violence against women that follows from it. Men are typically thought of as dominant and powerful, whereas women are typically thought to have traits like passivity and submissiveness. As a result, women end up marginalized in important political roles and decision-making processes, their concerns are disregarded, which further fuels violence.

The following are some examples of how legislation reflects this: For instance, marital rape is illegal in just 25% of all nations. It recently became illegal in 1997, even in Germany. Workplace sexism is another kind of widespread violence. This includes misogynistic remarks, much lower pay and compensation for the same labor, and a much lower proportion of women in leadership roles. 2A regional analysis of Women's Health Surveys conducted from 2016 to 2019 in five CARICOM Member States—Grenada, Guyana, Jamaica, Suriname, and Trinidad and Tobago—discovered that women aged 15 to 64 who were in relationships with men who had beliefs and actions that solidified men's dominant position over women and spread gender inequality were more likely to have experienced lifetime and current intimate partner violence.

Intimate partner violence is also strongly linked to behaviors that attempt to control women's bodies, autonomy, and social interactions. Violence can have tragic consequences as well as serious psychological, social, and physical effects on women. The repercussions of sexualized violence might include trauma, sadness, anxiety, panic attacks, infertility, and STDs. Many women suppress violent confrontations, resulting in psychosomatic difficulties, shame, allegations of encouraging violence, or a lack of confidence in their conduct. The effects of violence against women on society are extensive. Families as a whole are significantly impacted by transgenerational trauma, which is passed down from survivors of sexualized abuse to their progeny.

The negative impacts can be felt by the entire social network for generations, especially when the violence is experienced collectively, as in the instance of sexualized wartime violence. Due to the direct violence created by patriarchal structures based on sexism and other types of discrimination, women do not feel safe enough to fully live their lives or move about in public. The costs of violence against women are also borne by society in the form of safe houses, legal cases, police operations, and psychological or medical therapies. Furthermore, as stated in UN Resolution 1325, sexualized violence is (n. d. ). Violence against women: Causes and consequences. Medica Mondiale. https://medicamondiale. org/en/violence-against-women/causes-and-consequences both a major hindrance to successful peace discussions and a long-term threat to peace and stability.

Women's potential is hampered by their limited access to school and careers, which contributes to poverty, maternity and infant mortality. Natural calamities might hinder education, but the youth can create plans and influence the direction of society. The participation and consideration of women’s needs are required for long-term peace agreements to be effective. Most often, men are identified as the perpetrators of violence; while this may be true for a fraction of the perpetrators of violence, it undermines the seriousness required to address male victims of violence. The latest Office for National Statistics figures (2022/23) show that one in three victims of domestic abuse are male equating to 751,000 men (3. 2%) and 1. 38 million women (5. 7%)3. India has the highest prevalence of violence against men compared to other countries.

4As stated by a Cross-sectional Study of Gender-Based Violence against Men in the Rural Area of Haryana, India, out of 1000, males 51. 5% experienced violence at the hands of their wives/intimate partner at least once in their lifetime and 10. 5% in the last 12 months. The issue of violence against men has long existed in our society but has never gotten sufficient attention. This is because a lot of critics argue that since women usually resort to violence as a form of self-defense or retaliation, we only need to address the issue of violence against women. Our emotional, cultural, and societal obstacles prevent us from seeing how women are abusing the men in our culture. The most significant factor brought about by gender discrimination is violence.

This can take many forms, including physical (beating, slapping, kicking, choking), mental (insults, name calling, humiliation), and sexual abuse (rape, genital harm), seclusion, restricting interaction with others, false allegations, and a lack of access to children or fathers. According to studies, abuse in a household environment where a woman is the perpetrator is almost always unreported. It is difficult to believe, but research suggests that women may be more prone than men to act violently and discriminatorily. Also, 5boys and males are more likely to be murdered during conflict than girls and women. Sexual violence 3Mankind Initiative (n. d. ). Statistics on Male Victims of Domestic Abuse. https://mankind. org. uk/statistics/statistics-on-male-victims-of-domesticabuse/#:~:text=Summary%2FOverarching%20Statistics%20(Up%20to,are%20victims%20of%20partner%20ab use. 4 Malik, J. S.

, & Nadda, A. (2019). A Cross-sectional Study of Gender-Based Violence against Men in the Rural Area of Haryana, India. Indian journal of community medicine : official publication of Indian Association of Preventive & Social Medicine, 44(1), 35–38. https://doi. org/10. 4103/ijcm. IJCM_222_18 5 Durham, S. (2020, November 19). Hidden Suffering: Gender Based Violence (GBV) Against Boys and Men. The South African College of Applied Psychology. Retrieved May 10, 2024, from https://www. sacap. edu. za/blog/applied-psychology/hidden-suffering-gender-based-violence-gbv-against-boysand-men/ against boys and men has been reported in over 25 nations, including conflict-affected countries. Men frequently delay reporting instances of violence against women owing to cultural stigma, familial pressure, and the fear of false charges.

Underreporting may be motivated by a desire to protect family members, a fear of losing social standing, or a love and hope for them. Men's criticisms may be interpreted as "feminine behavior" in a male-dominated society. Frequently, the impact is on their social development, so that they are unable to reach their full potential and positively contribute to society. For example, individuals could grow desensitized to pain and learn to use violence as a means to an end. This adds to the perseverance of the inequalities that are so prevalent in gender- based violence against girls and women. 6Lesbian, gay, bisexual, and transgender (LGBT) persons have achieved significant progress in their quest for complete equality. 34 nations now allow same-sex couples to marry or form civil unions, and many more have approved critical anti-discrimination legislation.

In the United States, the Abuse Against Women Reauthorization Act of 2013 improved nondiscrimination protections for LGBT persons by prohibiting shelters and other domestic abuse services from discriminating based on sexual orientation or gender identity. Nevertheless, many societies have only recently decriminalized homosexuality. While many states have made progress by recognizing equal marriage, this has occasionally resulted in a backlash, such as reinforcing ideas that the traditional family is the union of a man and a woman, or where governments have passed laws prohibiting "homosexual propaganda". LGBT women endure disproportionate violence from strangers and intimate partners as a result of gender discrimination, poverty, and racial minority status.

Transgender people are more likely to endure violence from law police, homeless shelters, and healthcare providers, emphasizing the grave dangers they confront in these places. They are also victims of hate-crimes that arise as a result of homophobia. According to a new report by the Williams Institute at UCLA School of Law, hate crimes account for approximately one out of every ten violent victimizations of LGBT people. There exist several laws and policies to mitigate gender-based violence around the globe. For example- 6 Reasons, C. E. , & Hughson, Q. (2000). Violence Against Gays and Lesbians. Journal of Offender Rehabilitation, 30(1–2), 137–159. https://doi. org/10. 1300/J076v30n01_09 ● 7The UN Declaration for the Elimination of Violence against Women- The UN General Assembly adopted this proclamation in 1993, and it describes violence against women.

As a result of the declaration, the Commission on Human Rights passed Resolution 1994/45, which designated a Special Rapporteur on violence against women. ● UNFPA Strategy and Framework of Action to Address Gender-Based Violence 2008-2011- This framework specifies eight priority areas where UNFPA should strategically focus its programming to combat gender-based violence. ● Domestic Violence Legislation and Implementation: An Analysis for ASEAN Countries Based on International Standards and Best Practices- This study examines domestic violence legislation in ASEAN countries in relation to international standards, specifically the CEDAW and UDHR.

Various international, national and regional organizations work consistently to eliminate gender-based violence such as 8UN Women, Men Engage Alliance, Gender at Work, that promote gender equality and justice, to address the root cause of gender-based violence. Several non-governmental organizations like Global Fund For Women and International Federation of Human Rights (FIDH) work tirelessly to support the victims of genderbased violence. Gender-based violence, since ages, has been normalized by the traditional society. The shift in mindset is only possible when individuals perceive themselves as ‘human beings’ rather than confining their attitudes according to their gender. There is a pressing need for awareness and training programs on grassroot levels, so that people are educated about their rights and duties as members of a society.

The feeling of oneness and unity should override any other biases towards one’s gender, race, color or religion. Laws need to be more genderneutral, as every person is under the threat of being exploited. Most of our behavior is learnt. Hence, we need to reform our views towards other persons and respect their rights and liberties. We need to recognize our duty to ‘live and let live. ’ Within the household, efforts should be made to divide the work equally between men and women to nurture a 7 (n. d. ). International laws and policies to prevent and intervene in violence against women. VAWnet. https://vawnet. org/sc/international-laws-and-policies-prevent-and-intervene-violence-against-women Hasanagic, A.

Organizations Fighting for Gender Equality. Human Rights Careers. https://www. humanrightscareers. com/magazine/organizations-gender-equality/ supportive and healthy environment. Women shouldn’t be confined to the kitchen nor should men be subjected to the pressure of providing for the family. Children should be taught to do their tasks independently which would instill a sense of responsibility in them. In offices and companies, seminars and conferences should be organized to spread more awareness regarding policies to prevent discrimination and misconduct in the workplace. In schools and colleges, students should be encouraged to research about such global issues in order to gain a deeper insight of the current world. The youth is the strongest asset of any nation. As someone rightly stated, “Rome was not built in a day.

” Persistent efforts of law-makers, organizations, agencies, journalists, teachers, and the youth can strive towards changing the trajectory towards eliminating violence and making this world a peaceful and safe place for everyone to live in.