Source: Sarkar, R. & Parween, S. (2015).

Violence against women with disabilities in India; A statistical

overview, legal enactments and probable approaches for overcoming them. In Murugan, K.R. and
Manimekalai, K. (Eds.), Women and social transformation (p. 287-297). Published by Department of
Womens Studies, Alagappa University, Karaikuri, Tamil Nadu. (ISBN- 978-81-928690-4-9).

Violence against Women with Disabilities in India;

A Statistical Overview, Legal Enactments and Probable Approaches for Overcoming Them
*Ratan Sarkar
Research Scholar
Ramakrishna Mission Vivekananda University,
Faculty of Disability Management and Special Education, E-mail ID:ratansarkarju@gmail.com
&
**Dr.S. Parween
Assistant Professor
Ramakrishna Mission Vivekananda University,
Faculty of Disability Management and Special Education, E-mail ID:parweencbe@gmail.com
........................................................................................................

ABSTRACT
Historically, in most societies of the world, women occupied a secondary position in relation to
men. Women generally had little opportunity to voice their opinion, even in matters that
concerned their own lives. Women with disabilities are multiply disadvantaged through their
status as women, as persons with disabilities, and majority numbers as persons living in poverty.
Women with disabilities are always neglected and subject to violence (Abramson et al., 2000).
The disability movement too has not paid much attention to the particular needs of women with
disabilities. Hence they remain at the periphery of all rights movements. They are not seen as
having a part to play in society. Women with disabilities stand at a disadvantageous position in
society. The status of women with disabilities is not only inferior to that of women without
disabilities but also to their male counterparts being violence against them as a major cause. The
empowerment of women with disabilities therefore becomes the need of the hour. The paper
focuses on the status of violence against women with disabilities and legal enactments that are
available in India. The paper also suggests possible approaches to overcome such violence.
**Keywords: Women with Disabilities, Violence, Legal Enactments, Approaches to Overcome

Introduction
Women with disabilities (WWDs) suffer a double discrimination, both on the grounds of gender
and impairment. The social status of women with disabilities varies according to individual
circumstances and to the community in which they live. There is ample evidence that women
with disabilities experience major psycho-social problems and they have been restricted to homebased activities, while men are likely to be supported in more public and outward-looking
avenues. Though women are organized largely, in reality not even 1% of the women with
disabilities got opportunity to take part, to take action and to make change in the larger social
framework. They are often denied opportunity to interact with others and gain skills to prove
their skills due to the discriminatory attitudes. Isolation and confinement based on culture and
traditions, attitudes and prejudices often affect women with disabilities more than men. This
isolation of women with disabilities leads to low self-esteem and negative feelings. Therefore,
the needs of girls with disabilities may be more special than needs of any other groups and have
to be addressed in all spheres of education. Around the world, women make up just over 51% of
the population. Women with disabilities are the most marginalized in Indian society. They are
deprived of political, Social, Economic, and health opportunities. The problems of women with
disabilities become very complex with other factors such as social stigma and poverty. Women
with disabilities have been largely neglected when it comes to research, state policies, the
disability concern, women's movements, and rehabilitation programmes, and this has become a
widely accepted fact in recent years. Also, due to numerous societal standards, they continue to
be left out of the decision-making processes. This reality is especially true of women with
disabilities in cultures where the role of wife and mother is considered to be the primary role for
a female. Irene Feika, Deputy Chairperson of Underrepresented Groups, Disabled People
International.
Violence against Women- A Conceptual Framework
Violence against women with disabilities is a silent act because in a majority of cases women fail
to realise they are victims, or fail to communicate the act of violence. Even if it is communicated,
seldom does it inspire belief. In most cases the perpetrators are not brought to book. There is also
the fear that reporting the abuse could snap bonds with the caretakers. Violence against women
has been defined in Article-1 of the UN Declaration on the Elimination of Violence against

Women (1993) to mean 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 such acts,
coercion or arbitrary deprivation of liberty, whether occurring in public or in private life. This
definition provides for less explicit forms of violence such as psychological harm or abuse. It
also provides for instances of violence in the domestic sphere. The definition has been
interpreted to encompass active violence that entails physical, emotional, sexual or
economical abuse and passive violence that entails physical and emotional neglect.
Violence against Women with Disabilities; A Statistical Overview
Violence against women with disabilities can range from neglect to physical abuse to denying
them even the traditional roles of marriage and childbearing. Concerns of women with
disabilities continue to remain marginal in India. They have neither been espoused by the
feminist movement nor by the disability movement and have largely remained hidden and
silent. Women with disabilities face discriminatory treatment more than women and men with
or without disabilities. According to the Indian Census of 2011, women constitute 42.5% of the
total population of persons with disabilities in India. Despite the numbers, their voices remain
unheard and the existing legal framework fails to address specific problems faced by women
with disabilities. Women with disabilities have in general been silenced within society, denied
their rights and equal economic and social opportunities due to prejudice, stigma and poverty
(Badjena, 2014).
Women with disabilities have been consistently denied the traditional roles assigned to women.
It is assumed that they are incapable of undertaking family responsibilities or obtaining gainful
employment (Fine & Adrienne Asch, 1985). In India, where female foeticide is rampant and the
girl-child is unwelcome, a girl-child with disabilities is at the receiving end of even more
contempt and neglect. Powers, et al., surveyed 200 women with physical and cognitive
disabilities: 67% of the women reported having experienced physical abuse and 53% of the
women reported having experienced sexual abuse. The research also reports that women with
disabilities are more prone to sexual assault and abuse than men with disabilities as well as nondisabled persons (Sobsey & Doe, 1991). Studies on violence against people with disabilities
conducted by Sobsey and Doe in 1991 in Canada revealed that about 81.7% of the victims are
women. Study also revealed that women with disabilities are one-and-a-half times more likely
to have been sexually abused than women without disabilities and among perpetrators 90.8%

are men, and of whom 56% are known to the victim. The study done by Nayak, (2013)
substantially established the fact that first of all the women with disabilities are subject to a long
history of neglect, segregation, isolation, deprivation, charity, welfare and even pity. This list is
supplemented with conditions of ignorance and poverty. Poorer sections of the society are
invariably more prone to these factors.
Constitutional Privileges and Legal Enactments for Women Including WWDs:
The Constitution of India ensures equality, freedom, justice and dignity of all individuals and
implicitly mandates an inclusive society for all. 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 favor 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
womens advancement in different spheres. Fundamental Rights, among others, ensure equality
before the law and equal protection of law; prohibits discrimination against any citizen on
grounds of religion, race, caste, sex or place of birth, disabilities, and guarantee equality of
opportunity to all citizens. India has also ratified various national and international conventions
and human rights instruments committing to secure equal rights of women, as well as persons
with disabilities. Majors among them are the approval of the Convention on Elimination of All
Forms of Discrimination against Women (CEDAW) in 1993, Persons with Disabilities Act, 1995
(Equal opportunities, protection of rights and full participation of PWDs), and United Nations
Convention on Rights of Persons with Disabilities (UNCRPD), on September, 2007.
Constitutional Privileges for Women Including WWDs
a) Equal rights and opportunities (before law) for women and men in economic and social
sphere (Article 14).
b) The State not to discriminate against any citizen on grounds only of religion, race, caste,
sex, place of birth or any of them (Article 15 (i)).
c) The State to make any special provision in favour of women and children (Article 15 (3)).
d) Equality of opportunity for all citizens in matters relating to employment or appointment
to any office under the State (Article 16).

e) The State to direct its policy towards securing for men and women equally the right to an
adequate means of livelihood (Article 39 (a)); and equal pay for equal work for both men
and women (Article 39 (d)).
f) To promote justice, on a basis of equal opportunity and to provide free legal aid by
suitable legislation or scheme or in any other way to ensure that opportunities for
securing justice are not denied to any citizen by reason of economic or other disabilities
(Article 39 A).
g) The State to make provision for securing just and humane conditions of work and for
maternity relief (Article 42).
h) The State to promote with special care the educational and economic interests of the
weaker sections of the people and to protect them from social injustice and all forms of
exploitation (Article 46).
i) The State to raise the level of nutrition and the standard of living of its people (Article
47).
j) To promote harmony and the spirit of common brotherhood amongst all the people of
India and to renounce practices derogatory to the dignity of women (Article 51(A) (e)).
k) Not less than one-third (including the number of seats reserved for women belonging to
the Scheduled Castes and the Scheduled Tribes) of the total number of seats to be filled
by direct election in every Panchayat to be reserved for women and such seats to be
allotted by rotation to different constituencies in a Panchayat (Article 243 D(3)).
l) Not less than one- third of the total number of offices of Chairpersons in the Panchayats
at each level to be reserved for women (Article 243 D (4)).
m) Not less than one-third (including the number of seats reserved for women belonging to
the Scheduled Castes and the Scheduled Tribes) of the total number of seats to be filled
by direct election in every Municipality to be reserved for women and such seats to be
allotted by rotation to different constituencies in a Municipality (Article 243 T (3)).
n) Reservation of offices of Chairpersons in Municipalities for the Scheduled Castes, the
Scheduled Tribes and women in such manner as the legislature of a State may by law
provide (Article 243 T (4)).

Legal Provisions for Women Including WWDs

The State has enacted various legislative measures intended to ensure equal rights, to counter
social discrimination and various forms of violence and atrocities and to provide support services
especially to women including women with disabilities in order to uphold the Constitutional
mandate. Women with disabilities may be victims of any of the crimes such as; Murder,
Robbery, Cheating, Female Foeticide, Early Marriage, Child Marriage, Trafficking and
Prostitution, Domestic Violence, Forced Moral Policing, Eve Teasing, Abduction, Rape,
Defamation, Molestation and Outraging Dignity, Witch Branding, Adultery, Fraudulent
Marriage, Social Customs Masked Crimes, Forced Abortion/ Forced Pregnancy, and forced/
Fraudulent Organ Extraction/ Surrogacy, etc. The crimes, which are directed specifically against
women, are characterized as 'Crime against Women'. These are broadly classified under two
categories.
I.

The Crimes Identified under The Indian Penal Code (IPC)

1. Rape (Sec. 376 IPC).
2. Kidnapping & Abduction for different purposes (Sec. 363-373).
3. Homicide for Dowry, Dowry Deaths or their attempts (Sec. 302/304-B IPC).
4. Torture, both mental and physical (Sec. 498-A IPC).
5. Molestation (Sec. 354 IPC).
6. Importation of girls (up to 21 years of age).
7. Sexual harassment (Sec. 509 IPC).

II.

The Crimes Identified under the Special Laws (SLL)

No law is gender specific. Nevertheless, the provisions of law affecting women significantly
have been reviewed periodically and amendments carried out to keep pace with the emerging
requirements. Some acts which have special provisions to safeguard WWDs and their interests
are:
a) The Employees State Insurance Act, 1948
b) The Family Courts Act, 1954
c) The Special Marriage Act, 1954
d) The Hindu Marriage Act, 1955
e) The Hindu Succession Act, 1956 with Amendment in 2005
f) Immoral Traffic (Prevention) Act, 1956The Maternity Benefit Act, 1961 (Amended in
1995)

g) Dowry Prohibition Act, 1961The Medical Termination of Pregnancy Act, 1971

h) The Contract Labour (Regulation and Abolition) Act, 1976
i) The Equal Remuneration Act, 1976
j) The Child Marriage Restraint Act of 1976
k) The Criminal Law (Amendment) Act, 1983
l) Indecent Representation of Women (Prohibition) Act, 1986
m) Commission of Sati (Prevention) Act, 1987
n) The Protection of Women from Domestic Violence Act, 2005
o) United Protection of Women against Sexual Harassment at Workplace Bill, 2010: (The
Bill was passed in Lok Sabha on 03.09.2012)

Special Initiatives for Women Including WWDs

1) National Commission for Women (1992): In January 1992, the Government set-up this
statutory body with a specific mandate to study and monitor all matters relating to the
constitutional and legal safeguards provided for women, review the existing legislation to
suggest amendments wherever necessary, etc.
2) Reservation for Women in Local Self- Government (1992): The 73rd Constitutional
Amendment Acts passed in 1992 by Parliament ensure one-third of the total seats for
women in all elected offices in local bodies whether in rural areas or urban areas.
3) The National Plan of Action for the Girl Child (1991-2000): The plan of Action is to
ensure survival, protection and development of the girl child with the ultimate objective
of building up a better future for the girl child.
4) National Policy for the Empowerment of Women (2001): The Department of Women
& Child Development in the Ministry of Human Resource Development has prepared a
National Policy for the Empowerment of Women in the year 2001. The goal of this
policy is to bring about the advancement, development and empowerment of women.

Special Legislations for Persons with Disabilities

The Government of India has enacted three legislations for persons with disabilities, these are;
1. Persons with Disability (Equal Opportunities, Protection of Rights and Full
Participation) Act, 1995: This act ensures equal opportunities in education,
employment, creation of barrier free environment, social security, etc.

2. National Trust Act, 1999: Act, 1999: It has provisions for welfare of Persons with
Autism, Cerebral Palsy, Mental Retardation and Multiple Disability for legal
guardianship and creation of enabling environment for as much independent living as
possible.
3. Rehabilitation Council of India Act, 1992: It deals with the development of manpower
for providing rehabilitation services.

Government Policies, Schemes and Programmes

The following schemes at present are aiming at protection, empowerment, and advancement of
women and girl children with or without disability and gender equality in India:
a) Swadhar (2002): The Swadhar Scheme purports to address the specific vulnerability of
each or group of women in difficult circumstances through a home-based holistic and
integrated approach.
b) Ujjawala (2007): A comprehensive scheme for prevention of trafficking and rescue,
rehabilitation and re-integration of victims of trafficking for commercial sexual
exploitation.
c) Dhanalakshmi (2008): This scheme provides financial incentives for families to
encourage them for educating their girl child. It organizes public awareness campaign
highlighting women issues relating to female feticide, child marriage, dowry, domestic
violence, trafficking and harassment through railway tickets which riche at grassroots
level.
d) Rashtriya Mahila Kosh (RMK, 1993): It aims at fulfilling financial needs of poor and
marginalized women. MKS is also working to promote the concept of women
empowerment, formulation of self help groups (SHG) and development of enterprise for
poor women.
e) Integrated Child Development Services (ICDS, 1975). Its objective is to improve the
nutritional and health status of children(0-6 years) in the age-group 0-6; to lay the
foundation for proper psychological, physical and social development of the child; to
reduce the incidence of mortality, morbidity, malnutrition and school dropout; and to
achieve effective co-ordination of policy and implementation amongst the various
departments to promote child development; and to enhance the capability of the mother

to look after the normal health and nutritional needs of the child through proper nutrition
and health education.
f) The Rajiv Gandhi National Crche Scheme for Children of Working Mothers
(RGNCS, 2006). It encourages women to join/ continue with gainful employment, by
providing day care services like supplementary nutrition, pre- school education,
emergency health care etc., to children in the age group 0-6 years from families with a
monthly income of less than Rs. 12,000/-.
g) Integrated Child Protection Scheme (ICPS, 2009-10): Scheme aimed at building a
protective environment for children in difficult circumstances, as well as other vulnerable
children, through Government-Civil Society Partnership.
h) Rajiv Gandhi Scheme for Empowerment of Adolescent Girls (RGSEAG, 2010): The
scheme aims at empowering adolescent girls (AGs) of 11-18 years with focus on out-ofschool girls by improvement in their nutritional and health status and upgrading various
skills like home skills, life skills and vocational skills. The scheme also aims at equipping
the girls on family welfare, health hygiene etc., and information and guidance on existing
public services along with aiming to mainstream out of school girls into formal or nonformal education.
i) National Mission for Empowerment of Women (NMEW, 2010): The Mission aims to
provide a single window service for all programmes run by the Government for Women
under aegis of various Central Ministries. One of the focus areas of this mission is to
create Gender sensitization and dissemination of information and taking steps to prevent
crime against women and taking steps for a safe environment for women.
j) Support to Training and Employment Programme for Women (STEP, 2014): Under
the STEP Scheme 90% of the project cost is given by Govt. of India and 10% to be borne
by the implementing agency and training is provided to the targeted beneficiaries with the
following objectives: to enable groups of women to enhance their earning capacity by
employment-cum-income generation programmes, to train them in managerial
entrepreneurship and marketing skill so that both backward and forward linkages can be
established, to help in asset formation in income generation and to provide support
services like legal awareness, gender sensitization, health, education etc.

k) Beti Bachao, Beti Padhao Scheme (2015): This scheme aims at ensuring the rights of
the girl child, girls safety, and eradication of feticide and so on.
Possible Approaches to Overcome Them
When gender and disability intersect, violence can take unique forms and has unique causes and
consequences. Women with disabilities who are marginalized for other reasons such as poverty
or as members of a minority or indigenous group can be subjected to particular forms of violence
and discrimination. (Ortoleva & Lewis, 2012). Therefore, one has to think systematically over
the approaches and concrete proposals for future to overcome the problem. A set of strategies on
social attitude, education, research/ documentation, campaigns, networking, influencing acts,
legislations, policies, schemes, training and media has to be developed. The following solutions
are proposed to overcome the challenge of violence against women in India.
1. Instilling positive attitudes in society on such crucial issues such as employment, selfadvocacy, training, education, transportation and housing.
2. Much has been written concerning the gender bias inherent in most current education
systems (Richardson, 1981; Oakley, 1981). Schools and other educational institutions are
considered to be places in which people not only acquire knowledge, but also learn to
challenge and question undesirable social practices. However, within most such institutions
the subject of women abuse is considered largely forbidden and existing stereotypes are
perpetuated. It was also found the young rapists are largely ignorant of male and female
differences in sexual arousal and sexuality in general (Vogelman, 1990) and if little or no
formal instruction in relation to sexuality or gender relations is allowed to take place in
schools, ignorance and stereotyping will persist, and violence and abuse against women
endure across generations. Therefore, we need to design a special study curriculum that
creates awareness in relation to violence and abuse against women with disabilities and the
necessary supportive measures. This should be made mandatory in the syllabi from primary
school till university level.
3. Involving women with disabilities in all policies, legislations, and decision making
processes and at every level of the projects: as staff, as volunteers, as participants and
evaluators.
4. Including WWDs in vocational training and rehabilitation programs and in order to prepare
them for careers and gainful employment.

5. Setting up entrepreneurship development cum vocational training cum placement

multipurpose centre to promote self and group employment for WWDs along with hostel
facilities.
6. Asking the Government to-.
o Make sure existing laws are implemented, adopt new laws if necessary, educate
and sensitize about it, make a strong political will to eradicate any form of violence
against women with disabilities.
o Ensure that all PWDs irrespective of sex, caste, religion, location etc., are entitled
to human rights and their inherent dignity must be respected at all times.
o Activities under schemes cannot be effective if it is not funded timely and in an
appropriate manner. Standard rules should be framed for effective funding from
single public-controlled source with most funds rose through progressive taxation.
o Organize placement in open employment/self or group employment. The training
centres need to have hostel facilities.
o Support the construction of accessible houses for independent scheme for
employed women with disabilities.
o Establish special court for immediate judgment of the crimes and issues relating to
PWDs with more emphasis on that of WWDs.
o Provide loans for starting small business, self help vocational group and
purchasing suitable transport for commuting to the workplace.
o Start new scheme especially for WWDs to empower them socially, personally,
economically, politically, vocationally and educationally.
o Ensure that WWDs has right to access, participate, and utilize the various
provisions under existing schemes developed for women without disabilities
avoiding any form of discrimination.
o Start special recruitment policy for PWDs with special provisions for WWDs in
government and non government organizations/ institutions following the
reservation norms.
o Organize media campaigns and broadcasting about rights, needs, affective issues,
and abilities of PWDs, especially women with disabilities and existing government

facilities for them in national, regional, and local channel to increase public
awareness.
7. Women with disabilities must play a more proactive role in the social movements both in
the context of the feminist and disabled rights movements. They need to be more forceful
and authoritative to ensure that their issues get included in the agenda and
recommendations.
8. Organizations of PWDs including WWDs should unite on policy issues to have a strong
impact on governments and societies and to emphasize an inclusive approach in all areas of
equalization of opportunities.
9. Families with WWDs should be given education about the needs and rights of WWDs and
places where resources are available in the community.
10. Women with disabilities should be encouraged to form local groups and self-help
organizations, which will help them, increase their self-esteem and leadership quality.
11. Systematic technology assessment so that new and increasingly more expensive equipment
would come under closer scrutiny before becoming accepted medical practice. This is
extremely important because many WWDs in India are confined within four walls owing to
the massive expenditure needed to render them mobile and the unwillingness of a
patriarchal domestic setup to spend money on a woman, and a non-functional one at that.
Hence high-quality, free and inexpensive resources for health and medical care information
should be available to the average woman.
12. Significant increase in community contributions and control over the nature and type of
care offered. This would be helpful especially in the case of the mentally disabled where
neither the afflicted nor her family could monitor or protest against faulty or ruthless
treatment. These places should be constantly supervised by external agencies such as
lawyers and medical practitioners.
13. The following rights of WWDs must be clearly recognised:
Right not to be tortured or subjected to cruel, inhuman or degrading treatment or
punishment.
Right against forced or non-consensual sterilisation or without informed consent.
Right to be protected against all forms of violence, whether in private or public,
and sexual harassment at workplace.

 Right to reproduction.
Right to adequate protection from surgical or drug trial interventions, especially in
case of institutionalised women.
Right to approach the court of law, directly or through a friend or institution, for a
violation of any of the above-mentioned rights.
Right to accessible legal mechanisms of seeking remedies for violation of rights.
Forced or non-consensual sterilisations must be criminalised. Such intrusive
surgeries amount to a violation of the right to life and physical integrity. The
victim of forced sterilisation must be duly compensated.
Concluding Remark
Although the rehabilitation measures have been taken by government and non-government
organizations, it has not given the desired results which need immediate attention. Govt. of India
has signed and ratified both the CEDAW (1993) and UNCRPD (2007)) and there is also
constitutional provision of gender equality. However, none of the Disability Laws include
womens rights. The Right To Education Act 2009, though talking of girl children has not
recognised the multiple discrimination experienced by girl children with disabilities and has
specific mention of girl children with disability in the law as well as in the rules to the Act.
Policies on education are also silent on the coverage and the focus to be accorded to girls
students with disabilities within the education system. Under the skill development programme
of the Ministry of Labour and Employment 20 vocational rehabilitation centres are there across
the country but unfortunately only 2 centres are run specifically for women with disabilities
although no clear data on the number of women with disabilities benefited is mentioned. The
Persons with Disabilities Act, 1995 provides for 3% reservation in employment in the
establishments of Government of India, State Governments and Public Sector Undertakings
(PSUs) against identified posts. There also prevails discrimination on the ground of disability
and gender and hardly any action is taken against this. However, by way of legislation, we
should not merely declare rights and entitlements but stipulate in detail the mechanisms by which
the rights can be realised. Furthermore, both public and Government should work together in a
co-operative way to eradicate violence, mistreatment, and any form of discrimination against
PWDs with special focus on WWDs in order to represent India as an all-roundly developed
inclusive society to the world.

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