Crime Against Women Essay Example

Crime Against Women Essay In the ancient Indian women held a high place of respect in the society as mentioned in Rigveda and other scriptures. Volumes can be written about the status of our women and their heroic deeds from the vedic period to the modern times. But later on, because of social, political and economic changes, women lost their status and were elegated to the background. Many evil customs and traditions stepped in which enslaved the women and tied them to the boundaries of the house1. The official statistics showed a declining sex-ratio, health status, literacy rate, work participation rate and political participation among women. While on the other hand the spread of social evils like dowry deaths, child marriage, domestic violence, rape, sexual harassment, exploitation of women workers are rampant in different parts of India. Humiliation, rape, kidnapping, molestation, dowry death, torture, wife-beating etc. have grown up over the years2. 2. MEANING OF CRIME / VIOLENCE AGAINST WOMEN The Semantic meaning of crime against women is direct or indirect physical or mental cruelty to women. Crimes which are directed specifically against women and in which only women are victims are characterized as Crime against Women3. It is equally important to clarify the concept of violence against women. Violence is also known as abuse and include any sort of physical aggression or misbehave. When violence is committed at home it becomes domestic violence and involves family members such as children, spouse, parents or servants. Domestic violence may involve different means such as hitting, kicking, biting, shoving, restraining, throwing objects. We will write a custom essay sample on Crime Against Women specifically for you for only $16.38 $13.9/page Order now We will write a custom essay sample on Crime Against Women specifically for you FOR ONLY $16.38 $13.9/page Hire Writer We will write a custom essay sample on Crime Against Women specifically for you FOR ONLY $16.38 $13.9/page Hire Writer In broad terms, it includes threats, sexual abuse, emotional abuse, controlling or domineering, intimidation, stalking, passive/covert abuse and economic deprivation, rape, abduction, kidnapping, murder (all cases of criminal violence, dowry death, wife battering, sexual abuse, maltreatment of a widow and for an elderly women (all cases of domestic violence) and eve-teasing, forcing wife/daughter-in-law to go for foeticide, forcing a young widow to commit sati, etc (all cases of social violence), are issues which affect a large section of society4. Violence and Protective Measures for Women Development and Empowerment by Aruna Goel, New Delhi, Deep Deep Publications, 2004, pp. 3-4 2 Violence against Women and Children-Issues and Concerns, By Awadhesh Kumar Singh and Jayanta Choudhury, New Delhi, Serials Publications, 2012, p. 1 3 Ibid, p. 2 4 Ibid, 2012, pp. 2-3 The United Nations defined â€Å"Violence against Women† in 1993 in Declaration on the Elimination of Violence agai nst Women. It defines it as any act of gender -based violence that results in, or is likely to result in, physical, sexual or psychological harm or suffering to women, including threats of uch acts, coercion or arbitrary deprivation of liberty, whether occurring in public or private life5. 3. CONSTITUTIONAL AND LEGAL PROVISION FOR WOMEN The principle of gender equality is enshrined in the Indian Constitution in its Preamble, Fundamental Rights, Fundamental Duties and Directive Principles. The Constitution not only grants equality to women, but also empowers the State to adopt measures of positive discrimination in favour of women for neutralizing the cumulative socio economic, education and political disadvantages faced by them. Within the framework of a democratic polity, our laws, development policies, Plans and programmes have aimed at women’s advancement in different spheres. India has also ratified various international convention and human rights instruments committing to secure equal rights of women. Key among them is the ratification of the Convention on Elimination of All Forms of Discrimination Against Women (CEDAW) in 19936. Constitutional Provisions for women are as under: vArticle 14, confers on men and women equal rights and opportunities in political, economic and social sphere. Article 15, prohibits, discrimination against any citizen on grounds of religion, race, caste, sex etc. vArticle 16, provides for equality of opportunities matters relating to employment or appointment to any office under the state. vArticle 39(a)(d), mentions policy security of state equality for both men and women the right to a means of livelihood and equal pay for equal work for both men and women. vArticle 42, Direct the State to make provision for ensuring just and humane conditions of work and m eternity relief. Legal Provisions for women are as under: Factories Act 1948: Under this Act, a woman cannot be forced to work beyond 8 hours and prohibits employment of women except between 6 A. M. and 7 P. M. vMaternity Benefit Act 1961: A Woman is entitled 12 weeks maternity leave with full wages. vThe Dowry Prohibition Act, 1961: Under the provisions of this Act demand of dowry either before marriage, during marriage and or after the marriage is an offence. vThe Equal Remuneration Act of 1976: This act provides equal wages for equal work: It provides for the payment of equal wages to both men and women workers for the same work or work of similar nature. It also prohibits discrimination against women in the matter of recruitment. vThe Child Marriage Restrain Act of 1976: This act raises the age for marriage of a girl to 18 years from 15 years and that of a boy to 21 years. vIndian Penal Code: Section 354 and 509 safeguards the interests of women. vThe Medical Termination of Pregnancy Act of 1971: The Act safeguards women from unnecessary and compulsory abortions. vAmendments to Criminal Law 1983, which provides for a punishment of 7 years in ordinary cases and 10 years for custodial rape cases. 73rd and 74th Constitutional Amendment Act reserved 1/3rd seats in Panchayat and Urban Local Bodies for women. vThe National Commission for Women Act, 1990: The Commission was set up in January, 1992 to review the Constitutional and legal safeguards for women. vThe Protection of Human Rights Act, 1993. vProtection of Women from Domestic Violence Act, 2005: This Act protects women from any act/conduct/omission/commission that harms, injures or potential to harm, is to be considered as domestic violence. It protects the women from physical, sexual, emotional, verbal, psychological, economic abuse.. vProtection of Women against Sexual Harassment at Workplace Bill, 2010: on November 4, 2010, the Government introduced protection of Women Against Sexual Harassment at Workplace Bill, 2010, which aims at protecting the women at workplace not only to women employee but also to female clients, customer, students, research scholars in colleges and universities patients in hospitals. The Bill was passed in Lok Sabha on 3. 9. 2012. 4. CLASSIFICATION OF CRIME AGAINST WOMEN: These are broadly classified under two categories i. e. (A) The Crimes under the Indian Penal Code (IPC) and, (B) The Crimes under the Special Local Laws (SLL). A. The Crimes under the Indian Penal Code (IPC): Seven Crimes included under this head are as follows: (i) Rape (Section 376 IPC) (incidence 24, 206, Rate: 2. 0) An increasing trend in cases of rape has been observed during 2007-08. A mixed trend in the incidence of rape has been observed during the periods 2008-11. These cases have reported an increase of 3. % in the year 2008 over the year 2007, a decline of 0. 3% in the year 2009 over 2008 and an increase of 3. 6% in the year 2010 over 2009 and further an increase of 9. 2% in the year 2011 over the year 2010. Madhya Pradesh has reported the highest number of Rape cases (3,406) accounting for 14. 1% of total such cases reported in the country. Mizoram has reported the highest crime rate 7. 1 as compared to National average of 2. 0. Ra pe cases have been further categorized as Incest Rape and other Rape cases. Incest Rape (Incidence†¦267) Incest rape cases have decreased by 7. 3% from 288 cases in 2010 to 267 cases in 2011 as compared to 9. 2% increase in overall Rape cases. Maharashtra (44 cases) has accounted for the highest (15. 3%) of the total such cases reported in the country Table at Annexure – I. Rape Victims There were 24,270 victims of Rape out of 24,206 reported Rape cases in the country. 10. 6% (2,582) of the total victims of Rape were girls under 14 years of age, while 19. 0% (4,646) victims were teenage girls (14-18 years). 54. 7% (13,264) victims were women in the age-group 18-30 years. However, 15. 0% (3637) victim s were in the age-group of 30-50 years while 0. 6% (141 victims) was over 50 years of age. The details are given in Table at Annexure -I. Offenders were known to the victims in as many as 22,549 (94. 2%) cases. Parents/close family members were involved in 1. 2% (267 out of 22,549) of these cases, neighbors were involved in 34. 7% cases (7,835 out of 22,549 cases) and relatives were involved in 6. 9% (1560 out of 22,549 cases). The State / UT / City-wise details are presented in Table at Annexure-II. (ii) Kidnapping Abduction (Sec. 63-373 IPC) (Incidence†¦35, 565, Rate†¦2. 9) These cases have reported an increase of 19. 4% during the year as compared to previous year (29,795 cases). Uttar Pradesh with 7,525 cases has accounted for 21. 2% of the total cases at the National level. Delhi UT has reported the highest crime rate at 12. 4 as compared to the National average of 2. 9 10 Table at Annexure-III. (iii) Dowry Death (Sec. 302, 304B IPC) and Dowry Prohibition Act, 1961 A unique form of violence experienced by women is Dowry Death and now, the most common one. These cases have increased by 2. % during the year 2011 over the previous year (8,391 cases). 26. 9% of the total such cases reported in the country were reported from Uttar Pradesh (2,322) cases alone followed by Bihar (1,413 cases) (16. 4%). The highest rate of crime (1. 4) was reported from Bihar as compared to the National average of 0. 7 Table at Annexure-III. (iv) Torture (Cruelty by Husband Relatives) (Sex. 498-A IPC) (Incidence †¦99,135, Rate†¦8. 2) ‘Torture’ cases in the country have increased by 5. 4% over the previous year (94,041 cases). 19. % of these were reported form West Bengal (19,772 cases). The highest crime rate of 21. 6 was also reported from West Bengal as compared to the National rate at 8. 2 Table at Annexure-III. (v) Molestation (Sec. 354 IPC) (Incidence †¦. 42,968 Rate†¦3. 6) Incidents of Molestation in t he country have increased by 5. 8% over the previous year (40,613 cases). Madhya Pradesh has reported the highest incidence (6,665) amounting to 15. 5% of total such incidences. Kerala has reported the highest crime rate (11. 2. ) as compared to the National average of 3. Table at Annexure-III. (vi) Sexual Harassment (Sec. 509 IPC) (Incidence†¦8,570 Rate†¦0. 7) The number of such cases has decreased by 14. 0% during the year over the previous year (9,961 cases). Andhra Pradesh has reported 42. 7%(3,658 cases) followed by Maharashtra 12. 5%(1,071 cases) of total incidences during the year 2011. Andhra Pradesh has reported the highest crime rate (4. 3) as compared to the National average of 0. 7 Table at Annexure-III. Sexual harassment persists in many of the workplaces in India despite stringent legislation enforced against it. Sexual harassment of women is a violation of the fundamental right of women to work in a safe environment. (vii) Importation of Girls (Sec. 366-B IPC) (Incidence†¦80) An increase of 122. 2% has been observed in Crime Head as 80 cases were reported during the year 2011 as compared to 36 cases in the previous year (2010). Madhya Pradesh (45 cases), Bihar (10 cases) and Karnataka (12 cases have together contributed more than two-third of total such cases at the National level16 Table at Annexure-III. C. Reported Incidents of crime (Incidence†¦2,28, 650) A total of 2,28,650 incidents of crime against women (both under IPC and SLL) were reported in the country during the year 2011 as compared to 2,13,585 incidences in the year 2010 recording an increase of 7. 1% during the year 2011. Reported Incidents of crime : Year Cases 2007 1,85,312 2008 1,95,856 2009 2,03,804 2010 2,13,585 2011 2,28,650 West Bengal with 7. 5% share of country’s population has accounted for nearly 12. % of total crime against women by reporting 29,133 cases. Andhra Pradesh, accounting for nearly 7. 0% of the country’s population, has accounted for 12. 4% of total crimes against women in the country by reporting 28,246 cases in the year 201120 Table at Annexure-IV. Crime Rate (Crime rate†¦ 18. 9) : The rate of crime has increased marginally from 18. 0 in the year 2010 to 18. 9 during the years 2011. Tripura has reported the highest rate of crime against women at 37. 0 during the year 2011 a s compared to 18. 9 crime rate at the National level Table at Annexure-IV. Trend Analysis: The crime head-wise details of reported crimes during the year 2007 to year 2011 along with percentage variation are presented in Table-I(A) below. The crime against women during the year 2011 has increased by 7. 1% over the year 2010 and by 23. 4% over the year 2007. The IPC component of crimes against women has accounted for 95. 8% of total crimes and the rest 4. 2% were SLL crimes against women. The proportion of IPC crimes committed against women towards total IPC crimes has increased during last 5 years from 8. % in the year 2007 to 9. 4% during the year 2011. Table 1(A)| Crime Head-wise Incidents of Crime Against Women during 2007-2011 and Percentage variation in 2011 over 2010| Year| Sl. No|Crime Head|2007|2008|2009|2010|2011|Percentage variation in 2011 over 2010| 1. |Rape (Sec. 376 IPC)|20,737|21,467|21,397|22,172|24,206|9. 2| 2. |Kidnapping Abduction (Sec. 363 to 373 IPC)|20,416|22,939|25,741|29,795|35,565|19. 4| 3. |Dowry Death(Sec. 302 / 304 IPC)|8,093|8 ,172|8,383|8,391|8,618|2. 7| 4. |Cruelty by Husband and Relatives (Sec. 498-A IPC)|75,930|81,344|89,546|94,041|99,135|5. 4| 5. |Molestation (Sec. 54 IPC)|38,734|40,413|38,711|40,613|42,968|5. 8| 6. |Sexual Harassment (Sec. 509 IPC)|10,950|12,214|11,009|9,961|8,570|-14. 0| 7. |Importation of Girls (Sec. 366-B IPC)|61|67|48|36|80|122. 2| 8. |Sati Prevention Act, 1987|0|1|0|0|1|100. 0| 9. |Immoral Traffic (Prevention) Act, 1956|3,568|2,659|2,474|2,499|2,435|-2. 6| 10. |Indecent Representation of women (Prohibition) Act, 1986|1,200|1,025|845|895|453|-49. 4| 11. |Dowry Prohibition Act, 1961|5,623|5,555|5,650|5,182|6,619|27. 7| Total|1,85,312|1,95,856|2,03,804|2,13,585|2,28,65|7. 1| Table 1(B)| Proportion of Crime against Women (IPC) towards total IPC crimes23| Sl. No. |Year|Total IPC Crimes|Crime Against women (IPC cases)|Percentage to total IPC crimes| 1. |2007|19,89,673|1,74,921|8. 8| 2. |2008|20,93,379|1,86,617|8. 9| 3. |2009|21,21,345|2,03,804|9. 2| 4. |2010|22,24,831|2,13,585|9. 6| 5. |2011|23,25,575|2,19,142|9. 4| AMENDMENTS TO THE INDIAN PENAL CODE: Amendment of section 100- In the Indian Penal Code (hereafter in this Chapter referred to as the Penal Code), in section 100, in the clause Secondly, after the words â€Å"grievous hurt†, the words â€Å"including the offence of grievous hurt punishable under section 326A† shall be inserted. Insertion of new section 166A: Public servant disobeying direction under law: 166A- Whoever, being a public servant,–– (a) knowingly disobeys any direction of the law which prohibits him from requiring the attendance at any place of any person for the purpose of investigation into an offence or any other matter, or (b) knowingly disobeys, to the prejudice of any person, any other direction of the law regulating the manner in which he shall conduct such investigation, or (c) fails to record any information given to him under subsection (1) of section 154 of the Code of Criminal Procedure, 1973 and in particular in relation to cognizable offence punishable under s e c t i o n 354, section 354A, section 354B, section 354C, sub-section (2) of section 354D, section 376, section 376A, section 376B, s ection 376C, section 376D or section 376E, shall be punished with imprisonment for a term which may extend to one year or with fine or with both. †. Insertion of new sections 326A and 326B: Voluntarily causing grievous hurt by use of acid, etc- 326A- Whoever causes permanent or partial damage or deformity to, or burns or maims or disfigures or disables, any part or parts of the body of a person or causes grievous hurt by throwing acid on or by administering acid to that person, or by using any other means with the intention of causing or with the knowledge that he is likely to cause such injury or hurt, shall be punished with imprisonment of either description for a term which shall not be less than ten years but which may extend to imprisonment for life and with fine which may extend to ten lakh rupees: Provided that any fine imposed under this section shall be given to the person on whom acid was thrown or to whom acid was administered. 26B- Whoever throws or attempts to throw acid on any person or attempts to administer acid to any person, or attempts to use any other means, with the intention of causing permanent or partial d amage or deformity or burns or maiming or disfigurement or disability or grievous hurt to that person, shall be punished with imprisonment of either description for a term which shall not be less than five years but which may extend to seven years, and shall also be liable to fine. Explanation 1: For the purposes of section 326A and this section, â€Å"acid† includes any substance which has acidic or corrosive character or burning nature, that is capable of causing bodily injury leading to scars or disfigurement or temporary or permanent disability. Explanation 2: â€Å"Permanent or partial damage† includes deformity, or maiming, or burning, or disfiguring, or disabling any part or parts of the body of a person. Explanation 3: For the purposes of section 326A and this section, permanent or partial damage or deformity shall not be required to be irreversible. ’ Amendment of section 354: In section 354 of the Penal Code, for the words â€Å"shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both†, the words â€Å"shall be punished with imprisonment of either description for a term of one year which may extend to five years and shall also be liable to fine† shall be substituted. Insertion of new sections 354A, 354B, 354C and 354D: 354A: (1) The following acts or behaviour shall constitute the offence of sexual harassment–– (i)physical contact and advances involving unwelcome and explicit sexual overtures; or (ii) a demand or request for sexual favours; or (iii) making sexually coloured remarks; or (iv) forcibly showing pornography; or (v) any other unwelcome physical, verbal or non-verbal conduct of sexual nature. 2) Any person who commits the offence specified in clause (i) or clause (ii) of sub-section(1) shall be punished with rigorous impri sonment which may extend to five years, or with fine, or with both. (3) Any person who commits the offence specified in clause (iii) or clause (iv) or clause (v) of sub-section (1) shall be punishable with imprisonment of either description that may extend to one year, or with fine, or with both. Assault or use of criminal force to woman with intent to disrobe: 354B- Whoever assaults or uses criminal force to any woman or abets such act with the intention of disrobing or compelling her to be naked in any public place, shall be punished with imprisonment of either description for a term which shall not be less than three years but which may extend to seven years and with fine. Voyeurism: 354C- Whoever watches, or captures the image of, a woman engaging in a private act in circumstances where she would usually have the expectation of not being observed either by the perpetrator or by any other person at the behest of the perpetrator shall be punished on first conviction with imprisonment of either description for a term which shall not be less than one year, but which may extend to three years, and shall also be liable to fine, and be punished on a second or subsequent conviction, with imprisonment of either description for a term which shall not be less than three years, but which may extend to seven years, and shall also be liable to fine. Explanation 1: For the purposes of this section, â€Å"private act† includes an act of watching carried out in a place which, in the circumstances, would reasonably be expected to provide privacy, and where the victims genitals, buttocks or breasts are exposed or covered only in underwear; or the victim is using a lavatory; or the person is doing a sexual act that is not of a kind ordinarily done in public. Explanation 2: Where the victim consents to the capture of images or any act, but not to their dissemination to third persons and where such image or act is disseminated, such dissemination shall be considered an offence under this section. Stalking: 354D- 1) Whoever follows a person and contacts, or attempts to contact such person to foster personal interaction repeatedly, despite a clear indication of disinterest by such person, or whoever monitors the use by a person of the internet, email or any other form of electronic communication, or watches or spies on a person in a manner that results in a fear of violence or serious alarm or distress in the mind of such person, or interferes with the mental peace of such person, commits the offence of stalking: Provided that the course of conduct will not amount to stalking if the person who pursued it shows–– (i) that it was pursued for the purpose of preventing or detecting crime and the person accused of stalking had been entrusted with the responsibility of prevention and detection of crime by the state; or (ii) that it was pursued under any law or to comply with any condition or requirement imposed by any person under any law; or (iii) that in the particular circumstances the pursuit of the course of conduct was reasonable. (2) Whoever commits the offence of stalking shall be punished with imprisonment of either description for a term which shall not be less than one year but which may extend to three years, and shall also be liable to fine. ’. Substitution of new sections 370 and 370A for section 370: Trafficking of person: 370- (1) Whoever, for the purpose of exploitation, (a) recruits, (b) transports, (c) harbours, (d) transfers, or (e) receives, a person or persons, by–– First–– using threats, or Secondly–– using force, or any other form of coercion, or Thirdly–– by abduction, or Fourthly–– by practicing fraud, or deception, or Fifthly–– by abuse of power, or Sixthly–– by inducement, including the giving or receiving of payments or benefits, in order to achieve the consent of any person having control over the person recruited, transported, harbored, transferred or received, commits the offence of trafficking. Explanation 1: The expression â€Å"exploitation† shall include, prostitution or other forms of sexual exploitation, forced labour or services, slavery or practices similar to slavery, servitude, or the forced removal of organs. Explanation 2: The consent of the victim is immaterial in a determination of the offence of trafficking. 2) Whoever commits the offence of trafficking shall be punished with rigorous imprisonment for a term which shall not be less than seven years, but which may extend to ten years, and shall also be liable to fine. (3) Where the offence involves the trafficking of more than one p erson, it shall be punishable with rigorous imprisonment for a term which shall not be less than ten years but which may extend to imprisonment for life, and shall also be liable to fine. (4) Where the offence involves the trafficking of a minor, it shall be punishable with rigorous imprisonment for a term which shall not be less than ten years but which may extend to imprisonment for life. 5) Where the offence involves the trafficking of more than one minor at the same time, it shall be punishable with rigorous imprisonment for a term which shall not be less than fourteen years but which may extend to imprisonment for life. (6) When a public servant including police officer is involved in the trafficking of a minor then such public servant shall be punished with imprisonment for life, which shall mean the remainder of that person’s natural life. (7) If a person is convicted of the offence of trafficking of minors, on more than one occasion, then such person shall be punished with imprisonment for life, which shall mean imprisonment for the remainder of that person’s natural life. Employing of a trafficked person: 370A. 1. Whoever, despite knowing, or having reason to believe that a child has been trafficked, employs such child in any form of labour, shall be punished with rigorous imprisonment for a term which shall not be less than five years but which may extend to seven years, and with fine. 2. Whoever, despite knowing or having reason to believe that an adult has been trafficked, employs such adult for labour, shall be punished with rigorous imprisonment for a term which shall not be less than three years but which may extend to five years, and shall also be liable to fine. ’. Substitution of new sections for sections 375, 376, 376A, 376B, 376C and 376D: 1. Sexual assault: 375 A person is said to commit â€Å"sexual assault† f that person– (a) Penetrates his penis, to any extent, into the vagina, mouth urethra or anus of another person or makes the person to do so with him or any other person; or (b) inserts, to any extent, any object or a part of the body, not being the penis , into the vagina, the urethra or anus of another person or makes the person to do so with him or any other person; or (c) manipulates any part of the body of another person so as to cause penetration into the vagina, urethra, anus or any part of body of such person or makes the person to do so with him or any other person; or (d) applies his mouth to the penis, vagina, anus, urethra of another person or makes such person to do so with him or any other person; (e) touches the vagina, penis, anus or breast of the person or makes the person touch the vagina, penis, anus or breast of that person or any other person, except where such penetration or touching is carried out for proper hygienic or medical purposes under the circumstances falling under any of the following seven descriptions:–– First: Against the other person’s will. Second: Without the other person’s consent. Thirdly: With the other person’s consent when such consent has been obtained by putting such other person or any person in whom such other person is interested, in fear of death or of hurt. Fourthly : When the person assaulted is a female, with her consent, when the man knows that he is not her husband and that her consent is given because she believes that he is another man to whom she is or believes to be lawfully married. Fifthly: With the consent of the other person when, at the time of giving such consent, by reason of unsoundness of mind or intoxication or the administration by that person personally or through another of any stupefying or unwholesome substance, the other person is unable to understand the nature and consequences of that action to which such other person gives consent. Sixthly : With or without the other person’s consent, when such other person is under eighteen years of age. Seventhly: When the person is unable to communicate consent. Explanation 1: Penetration to any extent is â€Å"penetration† for the purposes of this section. Explanation 2: For the purposes of this section, â€Å"vagina† shall also include labia majora. Explanation 3: Consent means an unequivocal voluntary agreement when the person by words, gestures or any form of non-verbal communication, communicates willingness to participate in the specific act: Provided that, a person who does not physically resist to the act of penetration shall not by the reason only of that fact, be regarded as consenting to the sexual activity. Exception: Sexual intercourse or sexual acts by a man with his own wife, the wife not being under sixteen years of age, is not sexual assault. 2. Punishment for sexual assault: 376- (1) Whoever, except in the cases provided for by sub-section(2) commits sexual assault, shall be punished with rigorous imprisonment of either description for a term which shall not be less than seven years but which may extend to imprisonment for life, and shall also be liable to fine. (2) Whoever,–– (a) being a police officer, commits sexual assault – i. within the limits of the police station to which such police officer is appointed; or ii. in the premises of any station house; or iii. n a person in such police officer’s custody or in the custody of a police officer subordinate to such police officer; or (b) being a public servant, commits sexual assault on a person in such public servant’s custody or in the custody of a public servant subordinate to such public serv ant; or (c) being a member of the armed forces is in the area by virtue of deployment by the Central or a State Government, commits sexual assault; or (d) being on the management or on the staff of a jail, remand home or other place of custody established by or under any law for the time being in force or of a women’s or children’s institution, commits sexual assault on any inmate of such jail, remand home, place or institution; or (e) being on the management or on the staff of a hospital, commits sexual assault on a person in that hospital; or (f) being a relative, guardian or teacher of, or a person in a position of trust or authority towards, the person assaulted, commits sexual assault on such person; or (g) commits sexual assault on a woman knowing her to be pregnant; or (h) commits sexual assault on a person when such person is nder eighteen years of age; or (i) commits sexual assault, where the person assaulted is incapable of giving consent; or (j) being in a p osition of economic or social dominance, commits sexual assault on a person under such dominance; or (k) commits sexual assault on a person suffering from mental or physical disability; or (l) while committing sexual assault causes grievous bodily harm or maims or disfigures or endangers the life of a person; or (m) commits persistent sexual assault, shall be punished with rigorous imprisonment for a term which shall not be less than ten years but which may extend to imprisonment for life, and shall also be liable to fine. Explanation 1: a) â€Å"women’s or children’s institution† means an institution, whether called an orphanage or a home for neglected women or children or a widow’s home or an institution called by any other name, which is established and maintained for the reception and care of women or children; (b) â€Å"hospital† means the precincts of the hospital and includes the precincts of any institution for the reception and treatment o f persons during convalescence or of persons requiring medical attention or rehabilitation; (c) â€Å"police officer† shall have the same meaning as assigned to the expression â€Å"police† under the Police Act, 1861; (d) â€Å"armed forces† means the naval, military and air forces and includes any member of the Armed Forces constituted under any Act for the time being in force, including the paramilitary forces and any auxiliary forces that are under the control of the Central Government or the State Government. Explanation 2: Where a person is subjected to sexual assault by one or more persons in a group of persons acting in furtherance of their common intention, each of the persons in the group shall be deemed to have committed sexual assault within the meaning of this sub-section. 3. Punishment for causing death or resulting in persistent vegetative state of the victim: 376A- Whoever, commits an offence punishable under sub-section (1) or sub section (2) of section 376 and in the course of such commission inflicts an injury which causes the death of the person or causes the person to be in a persistent vegetative state, shall be punished with rigorous imprisonment for a term which shall not be less than twenty ears, but which may extend to imprisonment for life, which shall mean the remainder of that person’s natural life, or with death. 4. Sexual assault by husband upon his wife during separation: 376B- Whoever commits sexual assault on his own wife, who is living separately unde r a decree of separation or under any custom or usage, without her consent, shall be punished with imprisonment of either description, for a term which shall not be less than two years but which may extend to seven years, and shall also be liable to fine. 5. Sexual intercourse by a person in authority: 376C. Whoever,–– (a) being in a position of authority or in a

Reading Comprehension Assessment and Lessons

Reading Comprehension Assessment and Lessons The ability to read is one of the most powerful tools teachers and parents can give students. Literacy is strongly correlated with future economic  and professional success. Illiteracy, on the other hand, exacts a steep price.  The National Center for Education Statistics notes that 43 percent  of adults with the lowest reading levels live in poverty, and according to the National Institute for Literacy, 70  percent of people on welfare have extremely low literacy. Furthermore, 72  percent of children of parents with low literacy will themselves have low literacy, and are more likely  to perform poorly in school and drop out.   Early and elementary education offers  a key opportunity to break this cycle of economic hardship. And while the mechanics of reading and writing are essential building blocks, reading comprehension allows students to move beyond decoding and into understanding and enjoyment. Understanding Reading Comprehension The easiest way to explain reading comprehension is to put a reader in the position of someone who is deciphering letters and words rather than comprehending (attaching meaning to) them. Try reading this: Fà ¦der ureà °u à °e eart on heofenumsi à °in nama gehalgodto-becume à °in ricegeweorà ¾e à °in willa on eorà °an swa swa on heofenum.Urne ge dà ¦ghwamlican hlaf syle us to-deagand forgyf us ure gyltasswa swa we forgifaà ¾ urum gyltendumane ne gelà ¦de à °u us on costnungeac alys us of yfle. Using your knowledge base of phonetic sounds, you might be able to â€Å"read† the text, but you would not understand what you’d just read. You most certainly would not recognize it as The Lord’s Prayer. What about the following sentence? Fox grape grey shoe on land title base. You may know each word and its meaning, but that doesnt give the sentence meaning. Reading comprehension involves three distinct components: processing text (sounding out the syllables to decode the words), understanding what was read, and making connections between the text and what you already know. Vocabulary Knowledge vs. Text Comprehension Vocabulary knowledge and text comprehension are two vital elements of reading comprehension. Vocabulary knowledge refers to understanding individual words. If a reader doesn’t understand the words he is reading, he won’t understand the text as a whole. Because vocabulary knowledge is essential to reading comprehension, children should  be exposed to a rich vocabulary and should always be learning new words. Parents and teachers can help by defining potentially unfamiliar words that students will encounter in texts and teaching students to use contextual clues to understand the meaning of new words. Text comprehension builds on vocabulary knowledge by allowing the reader to combine the meanings of the individual words to understand the overall text. If you’ve ever read a complicated legal document, a challenging book, or the previous example of a nonsensical sentence, you can understand the relationship between vocabulary knowledge and text comprehension. Understanding the meaning of most of the words does not necessarily translate into understanding the text as a whole. Text comprehension relies on the reader making connections with what hes reading. Reading Comprehension Example Most standardized tests include sections that assess reading comprehension. These assessments focus on identifying the main idea of a passage, understanding vocabulary in context, making inferences, and identifying the author’s purpose. A student might read a passage such as the following about dolphins. Dolphins are aquatic mammals (not fish) well-known for their intellect, gregarious nature, and acrobatic abilities. Like other mammals, they are warm-blooded, give birth to live young, feed their babies milk, and breathe air through their lungs. Dolphins have a streamlined body, a pronounced beak, and a blowhole. They swim by moving their tail up and down to propel themselves forward.A female dolphin is called a cow, a male is a bull, and the babies are calves. Dolphins are carnivores that eat marine life such as fish and squid. They have great eyesight and use this along with echolocation to move about in the ocean and locate and identify objects around them.Dolphins communicate with clicks and whistles. They develop their own personal whistle, which is distinct from other dolphins. Mother dolphins whistle to their babies frequently after birth so that the calves learn to recognize their mothers whistle. After reading the passage, students are asked to answer questions based on what they read to demonstrate their understanding of the passage. Young students might be expected to understand from the text that dolphins are mammals that live in the ocean. They eat fish and communicate with clicks and whistles. Older students might be asked to apply information gleaned from the passage to facts they already know. They could be asked to infer the meaning of the term carnivore from the text, identify what dolphins and cattle have in common (being identified as a cow, bull, or calf) or how a dolphin’s whistle is similar to a human fingerprint (each is distinct to the individual). Methods of Assessing Reading Comprehension There are several ways to evaluate a student’s reading comprehension skills. One method is to use a formal assessment, like the example above,  with reading passages followed by questions about the passage. Another method is to use informal assessments. Ask students to tell you about what they read or retell the story or event in their own words. Put students in discussion groups and listen to what they have to say about the book,  watching for areas of confusion and  students who are not participating. Ask students for a written response to the text, such as journaling, identifying their favorite scene, or listing the top 3 to 5 facts they learned from the text. Signs That a Student Is Not Able to Comprehend What Hes Reading One indicator that a student is struggling with reading comprehension is difficulty reading aloud. If a student struggles to recognize or sound out words when he’s reading orally, he’s likely encountering the same struggles when reading silently. Weak vocabulary is another indicator of poor reading comprehension. This is because students who struggle with text comprehension may have difficulting learning and incorporating new vocabulary. Finally, poor spelling and weak writing skills may be a signal that a student isn’t able to comprehend what he’s reading. Difficulty spelling may indicate problems remembering letter sounds, which means that the student is likely also having trouble processing text. How to Teach Effective Reading Comprehension It might seem as though reading comprehension skills develop naturally, but that’s because students gradually begin to internalize the techniques. Effective reading comprehension skills must be taught, but it’s not difficult to do. There are simple strategies to improve reading comprehension that parents and teachers can employ. The most important step is to ask questions before, during, and after reading. Ask students what they think the story is going to be about based on the title or cover. As you’re reading, ask students to summarize what they’ve read so far or predict what they think will happen next. After reading, ask students to summarize the story, identify the main idea, or highlight the most important facts or events. Next, help children make connections between what they’ve read and their experiences. Ask them what they would have done if they had been in the main character’s situation or if they’ve had a similar experience. Consider reading challenging texts aloud. Ideally, students will have their own copy of the book so that they can follow along. Reading aloud models good reading techniques and allows students to hear new vocabulary in context without disrupting the flow of the story. How Students Can Improve Reading Comprehension Skills There are also steps that students can take to improve their reading comprehension skills. The first, most basic step is to improve overall reading skills. Help students select books about topics that interest them and encourage them to  read at least 20 minutes each day. It’s okay if they want to start with books below their reading level. Doing so can help students focus on what they’re reading, rather than on decoding more challenging text, and improve their confidence. Next, encourage students to stop every so often and summarize what they’ve read, either mentally or aloud with a reading buddy. They may want to make notes or use a graphic organizer to  record their thoughts. Remind students to get  an overview of what they’ll be reading by first reading chapter titles and subheadings. Conversely, students can also benefit from skimming over the material after they’ve read it. Students should also take steps to improve their vocabulary. One way to do so without disrupting the flow of reading is to jot down unfamiliar words and look them up after they’ve finished their reading time.