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India

Section 6. Discrimination and Societal Abuses

Women

Rape and Domestic Violence: The law criminalizes rape in most cases, but marital rape is not illegal when the woman is older than 15. According to legal experts, the law does not criminalize rape of adult men. Rape of minors is covered by the gender-neutral Protection of Children from Sexual Offenses Act (POCSO). Official statistics reported rape as one of the country’s fastest-growing crimes, prompted at least in part by the increasing willingness of survivors to report rapes, but observers believed the number of rapes remained vastly underreported.

Law enforcement and legal recourse for rape survivors were inadequate, and the judicial system was unable to address the problem effectively.  Police sometimes worked to reconcile rape survivors and their attackers.  In some cases they encouraged female rape survivors to marry their attackers.

The NGO International Center for Research on Women noted low conviction rates in rape cases was one of the main reasons sexual violence continued unabated and at times unreported. NGOs observed the length of trials, lack of victim support, and inadequate protection of witnesses and survivors remained major concerns and were more pronounced during the COVID-19 pandemic. The government sought to expedite cases involving women by setting up more than a thousand fast-track special courts to handle pending rape cases. In addition, several high courts have also directed state governments to establish more fast-track courts to promptly dispose of pending rape cases.

Civil society organizations provided awareness and survivor-centered, nonstigmatizing, confidential and free care to victims of violence and facilitate referrals to tertiary care, social welfare, and legal services. Some also provided short-term shelter for women and child survivors of rape. These services were intended to encourage women and children to come forward and report cases.

Additionally, the central government implemented interventions to improve the safety and security of women while reporting violence. This includes centers for reporting and accessing health support, women help desks at police stations to facilitate reporting, emergency response support system via a mobile application for reporting emergencies, and training programs for police, prosecutors, medical officers, and the judiciary to respond to victims in compassionate and respectful ways.

Rape continued to be a persistent problem, including gang rape, rape of minors, rape against lower-caste women or women from religious and nonreligious minority communities by upper-caste men, and rape by government officials.

The minimum mandatory punishment for rape is 10 years’ imprisonment. The minimum sentence for the rape of a girl younger than age 16 is between 20 years’ and life imprisonment; the minimum sentence of gang rape of a girl younger than 12 is either life imprisonment or the death penalty. The Investigation Tracking System for Sexual Offenses monitors sexual assault investigations. According to latest government data, 77 cases of rape per day were reported across the country in 2020.

On April 7, a 24-year-old Delhi woman was gang raped by five men in Gurugram, Haryana. The woman was raped repeatedly and left near Farrukhnagar, Haryana. To date, no suspects have been arrested.

On June 11, two minor tribal girls in Assam’s Kokrajhar District were found hanging from a tree after they were raped and killed. Police arrested seven suspects.

On August 1, a nine-year-old Dalit girl was allegedly raped, suffocated to death, and her body cremated in New Delhi. Police arrested and charged four suspects, two of whom admitted to raping her because she was a Dalit.

Women in areas such as in Jammu and Kashmir, northeastern states, Jharkhand, and Chhattisgarh, as well as vulnerable Dalit or tribal women, were often victims of rape or threats of rape. National crime statistics indicated Dalit women were disproportionately victimized. Domestic violence continued to be a problem. The COVID-19 pandemic and lockdown led to increased instances of domestic violence. Women and children were more vulnerable due to loss of livelihood of the perpetrator and the family being forced to remain indoors, where victims were locked in with their abusers with limited means to escape or access to resources.

Local authorities made efforts to address the safety of women. The NCRB’s 2021 Crime in India report revealed that overall crime against women fell by 8 percent from 405,326 cases in 2019 to 371,503 cases in 2020. West Bengal and Odisha reported the highest increase in crimes against women while Uttar Pradesh recorded a 17 percent decline in registered cases. Madhya Pradesh reported the largest number of domestic violence cases while Rajasthan reported the highest number of rapes.

Female Genital Mutilation/Cutting (FGM/C): No national law addresses the practice of FGM/C. According to human rights groups and media reports, between 70 and 90 percent of Dawoodi Bohras, a population of approximately one million persons concentrated in the states of Maharashtra, Gujarat, Rajasthan, and Delhi, practiced FGM/C.

Other Harmful Traditional Practices: The law forbids the acceptance of marriage dowries, but many families continued to offer and accept dowries, and dowry disputes remained a serious problem. NCRB data showed a total of 7,045 dowry-related deaths in 2020 as compared with 7,141 in 2019. The highest number of cases were registered in Uttar Pradesh with 2,302 victims. Most states employed dowry prohibition officers. A 2010 Supreme Court ruling mandates all trial courts to charge defendants in dowry death cases with murder.

Acid attacks against men and women continued to cause death and permanent disfigurement. On April 16, a man from Patiala threw acid on his wife for not giving birth to a son. The woman sustained burns on nearly 58 percent of her body in the acid attack. Police charged the man with attempted murder and voluntarily causing grievous hurt.

On May 21, a woman contracted to have acid thrown on her boyfriend after he rejected her marriage proposal. Police arrested the perpetrator.

So-called honor killings remained a problem, especially in Punjab, Uttar Pradesh, and Haryana; they were usually attributable to the victim marrying against his or her family’s wishes.

In August, Gwalior police in Madhya Pradesh arrested the father and brother of a 22-year-old woman found hanging at her home after a reported “honor killing.” Police also charged the woman’s uncle and two cousins with murder, as the family had opposed her choice to marry outside of her community.

Andhra Pradesh police registered a case of suspicious death as murder in response to a complaint that the parents of an 18-year-old girl allegedly killed and cremated her when she refused to end her relationship with a man of another caste.

The Telangana High Court questioned police statistics that reported only four “honor killings” and three cases of assault on individuals who married outside of their caste in the preceding four years in the state. A social activist filed a petition alleging 36 “honor killings” took place in the state in recent years.

There were reports women and girls in the devadasi system of symbolic marriages to Hindu deities (a form of so-called ritual prostitution) were victims of rape or sexual abuse at the hands of priests and temple patrons, including sex trafficking. This practice was found in Karnataka, Maharashtra, Andhra Pradesh, and Tamil Nadu, and almost always targeted girls from Scheduled Caste and Scheduled Tribe communities. NGOs suggested families exploited some girls from lower castes to mitigate household financial burdens and the prospect of marriage dowries. The practice deprived girls of their education and reproductive rights and subjected them to stigma and discrimination.

Tamil Nadu, Andhra Pradesh, Karnataka, and Maharashtra have legislation that prohibits the devadasi system and provides rehabilitation services to women and girls affected by the practice. Enforcement of these laws remained lax.

In February police rescued a 19-year-old girl from Karnataka after she alerted them to her parents’ plan to force her into the devadasi system. Officials noted the victim’s mother was a former devadasi and insisted her daughter join the practice.

No federal law addresses accusations of witchcraft; however, authorities may use other legal provisions as an alternative for an individual accused of witchcraft. The NCRB reported 88 deaths with witchcraft listed as the motive in 2020. Madhya Pradesh registered 17 cases of murder against those accused of witchcraft. Bihar, Odisha, Chhattisgarh, Rajasthan, Assam, and Jharkhand have laws criminalizing accusing others of witchcraft.

On March 9, a woman’s dismembered body was found buried in Jharkhand. According to police, villagers suspected the woman of practicing witchcraft.

On May 25, a group of villagers in Assam’s Baksa District beat a 50-year-old tribal man to death. Police suspected a case of witch hunting and detained five persons.

Sexual Harassment: Sexual harassment remained a serious problem. Authorities required all state departments and institutions with more than 50 employees to operate committees to prevent and address sexual harassment, often referred to as “eve teasing.” By law sexual harassment includes one or more unwelcome acts or behavior, such as physical contact, a request for sexual favors, making sexually suggestive remarks, or showing pornography.

Reproductive Rights: There were reports of coerced and involuntary sterilization. The government promoted female sterilization as a form of family planning for decades. Some women, especially poor and lower-caste women, reportedly were pressured by their husbands and families to have tubal ligations or hysterectomies. The government provided monetary compensation for the wage loss, transportation costs, drugs and dressing, and follow-up visits to women accepting contraceptive methods, including voluntary sterilization. There were no formal restrictions on access to other forms of family planning; however, despite recent efforts to expand the range of contraceptive choices, voluntary sterilization remained the preferred method due to the costs and limited availability of alternative contraceptive choices.

Policies and guidelines that penalized families with more than two children were not widely enforced but remained in place in various states. Certain states continued to maintain quotas for government jobs and subsidies for adults with no more than two children. For example, Assam linked a two-child norm to accessing state government benefits and running for certain offices.

Many states promoted female sterilization as a family planning method, which resulted in risky, substandard procedures and limited access to nonpermanent methods. The central government does not have the authority to regulate state public health policies. Some women, particularly poor and lower-caste women, were reportedly pressured to have tubal ligations, hysterectomies, or other forms of sterilization.

The government recognized the role of health-care professionals in treating survivors of sexual violence and implemented protocols that meet international standards for such medical care. Government directives instruct health facilities to ensure survivors of all forms of sexual violence receive immediate access to health care services, including emergency contraception, police protection, emergency shelter, forensic services, and referrals for legal aid and other services. Implementation of the guidelines was uneven, however, due to limited resources and social stigma.

In February the Ministry of Health and Family Welfare released the Sample Registration Report for Maternal Mortality Rates between 2016 and 2018, which estimated that the maternal mortality ratio declined to 113 deaths per 100,000 live births in 2016-18, compared with 130 such deaths per 100,000 live births in 2014-16. The report indicated Assam’s maternal mortality rate, at 215 per 100,000 live births, was the highest in the country, while Kerala recorded the lowest maternal mortality ratio at 43 per 100,000 live births.

Care received by women, especially those from marginalized and low-income groups, at public health facilities was often inadequate, contributing to a reluctance to seek treatment. Government initiatives resulted in a significant increase in institutional births, but there were reports that health facilities continued to be overburdened, underequipped, and undersupplied.

Policies penalizing families with more than two children remained in place in seven states, but some authorities did not enforce them. There were reports these policies created pressure on women with more than two children to use contraception, including permanent methods such as sterilization, or even termination of subsequent pregnancies.

To counter sex selection, almost all states introduced “girl child promotion” plans to promote the education and well-being of girls; some plans required a certificate of sterilization for the parents to collect benefits.

Discrimination: The law prohibits discrimination in the workplace and requires equal pay for equal work, but employers reportedly often paid women less than men for the same job, discriminated against women in employment and credit applications, and promoted women less frequently than men. The government did not effectively enforce discrimination laws.

Many tribal land systems, including in Bihar, deny tribal women the right to own land. Other laws or customs relating to the ownership of assets and land accord women little control over land use, retention, or sale.

Gender-biased Sex Selection: The law bans sex determination tests, the use of all technologies for the purpose of selecting a fetus’s gender, and sex-based abortions; however, NGOs claimed the practice of abortion based on sex was widely practiced across the country despite government efforts to enforce the legislation. This resulted in a sex ratio of 889 females per 1,000 males (or 112 males per 100 females) per the 2011 census.

States implement “girl child promotion” programs to counter prenatal sex selection. In 2015 the national government launched the Beti Bachao Beti Padhao program to arrest the decline in the child sex ratio. According to government data, the sex ratio at birth improved from 918 girls per 1,000 boys in 2014-15 (109 boys per 100 girls) to 934 girls per 1,000 boys in 2019-20 (107 boys per 100 girls).

According to media reports, fear of giving birth to a girl child drove some women toward sex-selective abortion or attempts to sell baby girls.

Systemic Racial or Ethnic Violence and Discrimination

The constitution prohibits discrimination against any citizen on the grounds of religion, race, caste, or place of birth. The registration of castes and tribes continued for the purpose of affirmative action programs, as the federal and state governments continued to implement programs for members of lower-caste groups to provide better quality housing, quotas in schools, government jobs, and access to subsidized foods. Critics claimed many of the programs to assist the lower castes suffered from poor implementation, corruption, or both.

The term Dalit, derived from Sanskrit for “oppressed” or “crushed,” refers to members of what society regarded as the lowest of the Scheduled Castes. According to the 2011 census, Scheduled Caste members constituted 17 percent of the population (approximately 200 million persons). The NCRB reported 50,291 crimes against Scheduled Castes in 2020 – an increase of 9.4 percent from 2019. Crimes committed against Dalits reportedly often went unpunished, either because authorities failed to prosecute perpetrators or because victims did not report crimes due to fear of retaliation.

Discrimination based on caste remained prevalent, particularly in rural areas. In August Haridwar police arrested two suspects for using caste-based slurs against Indian hockey player Vandana Katariya. The suspects were charged with insult with intent to provoke breach of the peace and violation of the Scheduled Castes and Scheduled Tribes Act.

The law protects Dalits, but there were numerous reports of violence and significant discrimination in access to services, such as health care, education, access to justice, freedom of movement, access to institutions (such as temples), and marriage. Many Dalits were malnourished. Most bonded laborers were Dalits, and those who asserted their rights were often victims of attacks, especially in rural areas. As agricultural laborers for higher-caste landowners, Dalits reportedly often worked without pay.

NGOs reported Dalit students were sometimes denied admission to certain schools because of their caste, required to present caste certification prior to admission, barred from morning prayers, asked to sit in the back of the class, or forced to clean school toilets while being denied access to the same facilities. There were also reports some teachers refused to correct the homework of Dalit children, refused to provide midday meals to Dalit children, and asked Dalit children to sit separately from children of upper-caste families.

In September an Uttar Pradesh school principal was suspended and a police report filed for using caste-based slurs and discriminating against Dalit children.

On February 2, the minister for social justice and empowerment told parliament that Uttar Pradesh reported the highest number of deaths of persons who died while cleaning sewers and septic tanks, work often performed by Dalits, between 2016 to December 2020. While Uttar Pradesh recorded 52 deaths, Tamil Nadu registered 43 deaths. Most manual-scavenging accidents occurred due to asphyxiation and exposure to poisonous gases when workers were inside the sewer systems and septic tanks. NGOs estimated the number of deaths was underreported.

On September 8, the Madras High Court directed the heads of corporations and municipalities in Tamil Nadu to submit a written report that no manual-scavenging work would be permitted in their jurisdiction. The court had previously indicated the heads of corporations and municipalities would be held personally liable for any manual-scavenging activity or mishap occurring in their jurisdiction. The court also recommended the state government obtain appropriate machinery and improve sewer lines to eliminate manual scavenging in the state.

Children

According to a Lancet report, more than 100,000 children lost either one or both parents during the COVID-19 pandemic. The National Commission for Protection of Child Rights (NCPCR) filed a Supreme Court affidavit reporting 8,161 children were orphaned, 92,475 children lost one parent, and 396 were abandoned between April 2020 and August.

After the NCPCR raised concerns regarding complaints of illegal adoption of children orphaned by COVID-19, the Supreme Court directed states to take stringent measures against illegal adoptions and to increase publicity of the laws and regulations.

Birth Registration: The law establishes state government procedures for birth registration. Analysis of government data from 2015-16 noted approximately 62 percent of children younger than five had their births registered and their parent or parents received a birth certificate.

Children lacking citizenship or registration may not be able to access public services, enroll in school, or obtain identification documents later in life.

Education: The constitution provides for free education for all children from ages six to 14, with a compulsory education age through age 15, but the government did not always comply with this requirement. Since the minimum age for work is lower than the compulsory education age, children may be encouraged to leave school before the completion of compulsory education.

The COVID-19 pandemic affected children’s right to education and nutrition. A UNICEF India report found that during the pandemic 1.5 million schools were closed, which affected 247 million children enrolled in elementary and secondary schools. Socioeconomic inequality and lack of resources, including internet and technological devices as well as limited access to electricity, resulted in less educational opportunities for some children. The report projected that 8 percent of all children may not return to school. To reduce the risk of children dropping out, the Supreme Court ordered private schools to waive fees and for the state to pay fees to ensure children remain enrolled.

According to UNICEF, more than 60 percent of secondary school-age children with disabilities did not attend school. Additionally, children with disabilities faced additional challenges with online education.

Since the minimum age for work is lower than the compulsory education age, children may be encouraged to leave school before the completion of compulsory education.

Child Abuse: The law prohibits child abuse, but it does not recognize physical abuse by caregivers, neglect, or psychological abuse as punishable offenses.

The India Child Protection Fund reported increased incidences of cyber or sexual abuse involving children. With children spending more time indoors and online during the COVID-19 pandemic, often without supervision, the report expressed concern that children were more vulnerable to online sexual predators.

A Karnataka Commission for the Protection of Child Rights study, released in July, concluded that physical, online, and mental abuse against children sharply increased during the COVID-19 pandemic.

Child, Early, and Forced Marriage: The law sets the legal age of marriage for women at 18 and men at 21, and it empowers courts to annul early and forced marriages. The law does not characterize a marriage between a girl younger than 18 and a boy younger than 21 as illegal but recognizes such unions as voidable. The law also sets penalties for persons who perform, arrange, or participate in child marriages. Authorities did not consistently enforce the law nor address the practice of rape survivors being forced into marriage.

In 2020 the government constituted a task force to review the increase of the minimum permissible age for marriage of girls from 18 to 21 years. Critics believed the proposal did not address the core concerns regarding child marriage, such as extreme poverty and lack of education.

The law establishes a full-time child marriage prohibition officer in every state to prevent child marriage. These individuals have the power to intervene when a child marriage is taking place, document violations of the law, file charges against parents, remove children from dangerous situations, and deliver them to local child protection authorities.

Financial distress, parental deaths, and school closures have put more girls at risk of child marriage. According to media reports, more than 500 cases of child marriage took place in West Bengal between March and June 2020 during the COVID-19 national lockdown. The NCRB reported 785 cases of child marriages were registered throughout the country in 2020, an increase of 50 percent from the previous year. Officials reported that in most cases underage girls were forced to marry because of their family’s loss of earnings and financial distress caused by the lockdown. According to a recent study, 65 percent of the child marriage cases were related to so-called romantic marriages, another 30 percent were arranged, and 5 percent were forced.

Sexual Exploitation of Children: The law prohibits child pornography and sets the legal age of consent at 18. It is illegal to pay for sex with a minor, to induce a minor into commercial sexual or any form of “illicit sexual intercourse,” or to sell or buy a minor for the purposes of commercial sex exploitation or child sex trafficking.  Violators are subject to 10 years’ imprisonment and a fine.

The law provides for at least one special court dedicated to sexual offenses against children (POCSO court) to be set up in each district, but implementation of this provision lagged.

NCRB data showed that the number of 16- to 18-year-old victims under the POCSO Act was higher than the number of child victims from all the other age groups. Some NGOs noted several adolescent boys entered the juvenile justice system having been charged with rape because of the changes in the law.

Media reports indicated that the COVID-19 pandemic resulted in a rise in cases filed under the POCSO Act. Data from Child Welfare Committees showed a 36.5 percent increase in the number of POCSO cases registered from January to July when compared with the number recorded for the same period in 2020. The rise in POCSO cases was attributed to increased time spent online which increased exposure to online traffickers.

On March 13, the Ministry of Women and Child Development published new rules to protect children from sexual offenses. The rules provide for immediate compensation, increased public awareness regarding services from the CHILDLINE India Foundation, and legal aid assistance. The rules advise state governments to enact a child protection policy to re-enforce the prohibition of violence against children. A new provision also directs immediate financial help to victims of child sexual abuse by the Child Welfare Committees. NGOs noted the procedure was not being implemented in a standardized fashion across jurisdictions.

In January the Bombay High Court ruled that groping a child is not considered sexual assault if there is no “skin-to-skin contact” or “sexual intent.” The National Commission for Women criticized the ruling and appealed to the Supreme Court. The Supreme Court reversed the Bombay’s High Court’s decision.

In a June 2020 ruling the Delhi High Court mandated notice to complainants in child assault cases to ensure their presence in every bail application filed by the accused in their case. This ensured the complainant is informed of the proceedings and has an opportunity to argue against bail. Other high courts were expected to follow suit. For instance, the Orissa High Court issued similar directions to the POCSO courts operating under its jurisdiction.

In June 2020 the Delhi High Court held that the POCSO Act does not prevent a victim from applying for monetary compensation more than once if their circumstances required. Court cases typically last for years, and a victim’s financial needs may grow as time passes.

There was a continued focus on providing speedy justice to victims of sexual abuse. A 2016 study by the NGO Counsel to Secure Justice highlighted many child sexual abuse cases were pending trial or delayed in trial. The government stated 49,000 pending cases related to rape and sexual offenses against children were addressed during the COVID-19 pandemic with the use of 1,023 fast-track courts. Critics alleged fast-track courts established for POCSO cases were often unable to function on a timely basis because of pandemic restrictions. As a remedy, the Supreme Court directed the states of Assam, West Bengal, and Rajasthan to initiate a pilot project to test videoconferencing facilities for recording testimony.

Displaced Children: Displaced children, including refugees, IDPs, and street children, faced restrictions on access to government services (see also section 2.d.).

Institutionalized Children: Lax law enforcement and a lack of safeguards encouraged an atmosphere of impunity in several group homes and orphanages.

A National Commission for Protection for Child Rights audit found that out of 7,163 childcare institutions in the country, as many as 2,039 or 28.5 percent were not registered with state governments as mandated by the Juvenile Justice Act, 2015. In several cases government-funded shelter homes continued to operate despite significant gaps in mandatory reporting and allegations of abuse.

In 2020 the Supreme Court directed state governments to improve the handling of the COVID-19 crisis among institutionalized children. States were asked to file detailed reports, and various guidelines were issued to different childcare institutions on how to deal with the pandemic-induced crisis. NCPCR stated more than 720 children in childcare institutions in 11 states and union territories contracted COVID-19 as of August, but no fatalities were reported.

In January 2020 the Supreme Court revised the Juvenile Justice (Care and Protection of Children) Act, 2015, to prevent children from being tried as adults. The Supreme Court ruled that children can be tried as an adult only for “heinous” crimes that have a minimum punishment of seven years. In view of this judgment, the Juvenile Justice Board may conduct a preliminary assessment into a child’s mental and physical capacity to decide whether the child should be tried as an adult.

Many children continued to stay in institutions. Children accused of committing crimes often did not appear before juvenile justice boards for up to a year, and in many cases, children were required to stay in institutions for extended periods of time.

International Child Abductions: The country is not a party to the 1980 Hague Convention on the Civil Aspects of International Child Abduction. See the Department of State’s Annual Report on International Parental Child Abduction at https://travel.state.gov/content/travel/en/International-Parental-Child-Abduction/for-providers/legal-reports-and-data/reported-cases.html

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