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Gender-Based Violence in India: A Human Rights Approach

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Peaceforasia
Gender-Based Violence in India: A Human Rights Approach

The disproportionate level of violence faced by women and sexual minorities is not a recent phenomenon. Its pervasive nature escapes even the most sophisticated systems of legislation and policy action designed to control it. Gender-Based Violence (GBV) has increased exponentially in the past-decade despite significant measures being undertaken for redressal at international and national levels. GBV is not only symptomatic of a deeply unequal patriarchal social order, but it also highlights the inability to accord basic security and safety to individuals as expressed by the global discourse on Human Rights. 

The UNHCR defines Gender-Based Violence as “harmful acts directed at an individual based on their gender. It is rooted in gender inequality, the abuse of power and harmful norms. Gender-Based violence (GBV) is a serious violation of human rights and a life-threatening health and protection issue.” The repercussions of such forms of violence which include intimate partner violence, sexual violence, child marriage, female genital mutilations and honour crimes – are severe and long-lasting. The impact of GVB is unequally felt by women and girls, however people not adhering to heteronormative codes of sexual behaviour and those who identify as other genders are increasingly affected by GVB as well.

Human Rights and Gender-Based Violence:

The International Human Rights regimes rests on the assumption that human beings enjoy certain rights simply on the condition of them being human. These rights codified in the Universal Declaration of Human Rights signed in 1948, are considered to be universal, unalienable, indivisible, equal and non-discriminatory. They are protected by a series of treaties and covenants signed by most states of the world. Despite being beyond legal legislation for national governments, each state is obligated to upkeep and implement human rights with help from the Office of the High Commissioner of Human Rights. A vast network of Humanitarian Aid Organizations and International Organizations function to ensure the basic application of  these rights in most states.

The right to equality and dignity as enshrined within the human rights discourse is grossly  violated by the occurrence of gender-based violence. It threatens the autonomy and dignity of  the individual affected by it. It comes with great economic, social, physiological, psychological  and behavioural consequences which are navigated by survivors across time. The acceptance  of gender being an important factor in the violence that is perpetrated globally came in the  1990’s despite legislation and policy being introduced as early as the 1970s.

To know more: https://peaceforasia.org/gender-based-violence-in-india-a-human-rights-approach/

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