Paper short abstract:

The present study focused over how crime against women diminishes numerous valuable capabilities and how the state responsibility is crucial. Three sections comprises-first, conceptual and theoretical framework of crime against women, second, the state crucial responsibility in a theoretical framework, third, empirical insight on role and responsibility bearing by a state like, India.

Paper long abstract:

Women can be a victim of any general crime like, murder, looting, cheating, etc. but if a women became victim of a crime specifically on the basis of her gender consider as crime against women which encompass a wide range of offences. The present study focused over how crime against women diminishes numerous valuable capabilities directly or indirectly and how the state responsibility is crucial. The entire study has divided into three sections in which first section comprise conceptual and theoretical framework of crime against women in global peripheral and how crime against women diminishes numerous valuable capabilities not only present generation but also of future generation.

Crime against women can broadly categories and include but not limited under: Crime based on Sexuality - sextual assault, rape, molestation, harassment, trafficking for prostitution, etc., Crime based on Tradition - dowry, honour killings, forced marriage, female genital mutilation, female infanticide, etc. and Crime based on Status of Women in the Household and Relationship - physical, emotional, sextual and economic abuse within the context of an intimate relationship and within the family. Crime against women is a global concern due to its long-lasting adverse impact on not only the women who has suffered with crime in form of physical and psychological health problems but the adverse impact is intergenerational which passes one generation to future generation in form of insecurity and threat. Studies conducted by number of scholars (Nussbaum, 2005; Abji, 2016; Aolain, 2009; Chakraborty et al., 2021, and many others) and several national and international organizations like, UN Women indicates that no women in the world secure from crime against women. If fortunately, they directly have not experienced with the offence but fear of insecurity and threat always remains in their mind. Martha Nussbaum (2005) has shared her experience of one night in Finland, while she was working at World Institute for Development Economic research (WIDER) decided to go out walking in the woods at one a.m., because she never been able to enjoy that freedom before and Finland consider as one of the safest country for women even in night. 10 minutes walked in lovely forest, realized her that the fear would not go away and she would never be able to enjoy such a midnight stroll, not ever in her entire life. Such experience of Martha Nussbaum’s in a comparatively safe country can indicate the magnitude of fear of insecurity and threat of a women located in countries like Afghanistan, Pakistan, Saudi Arabia, India, etc. where crime against women rate is high. The high magnitude of fear will affect adversely to more generations. Martha Nussbaum has stressed over such type of fear of insecurity and threat greatly diminishes numerous valuable capabilities directly or indirectly. Such type of fear of insecurity also generate absence of “free will” in women’s subconscious mind and passes present generation to future generation like tradition. The absence of “free will” can became the reason behind the capability failure generation to generation.

The second part of the study deals with Under such ailment; how the state responsibility became more crucial in a theoretical and conceptual framework. The State responsibility can broadly categories and include but not limited under: (i) Crime against women be defined as a violation of the law and an act of deviance from established rules of a nation and became punishable. Therefore, it is responsibility of a state to bring out each and every category of violence against women under the crime with required amendment in their constitution and legal regulations. (ii) It normally observed that instead of anger and being rebellion, victim women feel guilty and fatalism (Nussbaum, 2005). This is the state responsibility to enhance awareness and environment among masses, society and women themselves to treat victim of such crimes as a general crime victim by adopting multidimensional packages of schemes and policies. (iii) the entire legal and judiciary system of a state should be accountable and responsible to reduce crime against women in real term and the punishment rate of crime against women should increases.

The third part of the study provides empirical insight on role and responsibility bearing by a state for crime against women and its intergenerational impact in the context of Indian State with discussion and concluding remark. India is a diversified nation having diversity in culture, religion, tradition, language, etc. With possibility of under reporting, according to National Crime Records Bureau, Ministry of Home Affairs, Government of India, rate of total crime against women in year 2022 was 66.4 which was 64.5 in year 2021, 56.5 in year 2020, 62.4 in year 2019 and 58.8 in year 2018. If we consider 2020 as abnormal year for crime reporting due to Covid-19, the increasing trend can be observed. Two reasons can be identified – (i) crime against women has increased in India over the mentioned year or (ii) state is somehow playing positive responsibility with legal and policy measures like, amendments in criminal law specifically for sextual crime, Mission Shakti (which aims at strengthening interventions to improve women safety and empowerment) which has reduced fear and guilt of victims, so reporting has increased which may further generate inverted U shape trend in rate of total crime against women in India in near future.

Keywords: Crime Against Women, Capabilities, State Responsibility, India.