By Arpita Priyadarshini Mishra
“The measure of a society is found in how they treat their most vulnerable.”
— Mahatma Gandhi
INTRODUCTION:-
Why Silence Must Be Broken?
In India today, violence is not always visible in blows or bloodshed; it is often hidden in silence, in discrimination, in the denial of dignity. Women and LGBTQ+ communities carry much of this invisible burden. Their everyday struggles for safety, equality, and recognition reflect deeper problems in our society and governance.
Understanding the key concepts:-
What is Violence?
The World Health Organization defines violence as “the intentional use of physical force or power, threatened or actual, against oneself, another person, or a group or community, that either results in or has a high likelihood of resulting in injury, death, psychological harm, maldevelopment, or deprivation.”
Violence is not only physical. It can be:
1.Physical violence – assault, rape, domestic abuse.
2.Psychological violence – humiliation, verbal abuse, threats.
3.Sexual Violence - harassment, molestation, corrective rape of LGBTQ+ individuals.
4.Structural violence – systemic denial of education, health, housing, or equal rights.
What is Safety?
Safety is not just absence of physical harm; it means freedom from fear, dignity in public and private spaces, and equal access to opportunities without threat of violence or exclusion.
Who are LGBTQ+ Communities?
LGBTQ+ stands for -
L= Lesbian
G= Gay
B=Bisexual
T=Transgender
Q=Queer/Questioning
It also includes intersex, asexual, and non-binary individuals. These communities often face stigma, exclusion, and violence simply for existing outside heteronormative frameworks.
Violence and Women in India :-
Despite constitutional guarantees, women in India continue to face structural and everyday violence. Violence against women in India is one of the most urgent human rights issues of our time. Despite constitutional guarantees of equality, women continue to face violence in their homes, workplaces, streets, and even in digital spaces. This violence is not limited to physical harm. It includes emotional, psychological, sexual, and structural violence that denies women dignity and equal opportunities.
Forms of violence against women:-
1. Domestic Violence – The National Family Health Survey (NFHS-5) reveals that 29% of married women aged 18–49 have experienced spousal violence.
2. Sexual Harassment – From workplace harassment (POSH Act, 2013) to street harassment, women face hostility in public spaces.
3. Acid Attacks – India records 200–300 cases annually, though many go unreported.
4. Dowry-related violence – Still persists in many states despite the Dowry Prohibition Act, 1961.
5. Cyber violence – Online trolling, threats, and revenge porn target women disproportionately.
Constitutional and Legal Protections for Women:-
Article 14 – Equality before law.
Article 15 – Prohibits discrimination on grounds of sex.
Article 21 – Right to life with dignity.
Article 39(d) – Equal pay for equal work.
Article 42 – Just and humane conditions of work and maternity relief.
Laws:-
• Protection of Women from Domestic Violence Act, 2005.
• Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013.
• Dowry Prohibition Act, 1961
• Criminal Law (Amendment) Act, 2013 – after the Nirbhaya case, strengthened rape laws.
Case Studies :-
1. The Nirbhaya Case (2012) :-
The Nirbhaya case (2012) was a brutal gang rape and murder of a 23-year-old physiotherapy student in Delhi, which shocked the nation and sparked massive protests across India. The young woman, later called “Nirbhaya” (fearless), was attacked on a moving bus by six men, leading to fatal injuries. The incident exposed the deep-rooted issue of women’s safety in India and the failures of law enforcement. Public outrage led to the Justice Verma Committee Report (2013), which recommended stronger laws against sexual violence. As a result, the Criminal Law (Amendment) Act, 2013 was passed, introducing stricter punishments including the death penalty for certain rape cases, faster trials, and expanded definitions of sexual assault. The case remains a turning point in India’s fight for women’s rights and safety. The brutal gang rape and murder of a young woman in Delhi shocked India and the world. It broke the silence on sexual violence, leading to massive protests and legal reforms. Yet, even today, crimes against women remain alarmingly high showing the distance between law and reality.
2. The Bhanwari Devi case (1992) :-
The Bhanwari Devi case (1992) is a landmark moment in India’s women’s rights movement. Bhanwari Devi, a grassroots social worker from Rajasthan, tried to stop a child marriage in her village as part of her government duties. In retaliation, she was gang-raped by upper-caste men. When she sought justice, she faced humiliation from the police and courts, which refused to acknowledge her trauma. Her courage to speak out, however, sparked a nationwide debate on women’s safety at the workplace. This ultimately led to the Supreme Court’s Vishakha Guidelines (1997), which became the foundation for India’s sexual harassment laws and later evolved into the Sexual Harassment of Women at Workplace Act, 2013.
Violence and LGBTQ+ Communities in India :-
In India, members of the LGBTQ+ community continue to face widespread violence and discrimination despite recent legal progress. From family rejection and bullying in schools to harassment in workplaces and public spaces, their struggles highlight deep-rooted prejudice in society. While the decriminalization of homosexuality in 2018 and the Transgender Persons Act of 2019 marked historic milestones, everyday realities still include stigma, exclusion, and even physical attacks. This ongoing violence shows that true equality requires not just laws, but also social acceptance and cultural change. For LGBTQ+ persons, violence is not just physical but deeply social and systemic.
• Forms of Violence:-
1. Family rejection – Many are forced into conversion therapy or marriages.
2 . Workplace discrimination – Job denial, harassment, and lack of recognition.
3. Healthcare discrimination – Transgender and queer people face stigma in hospitals.
4 . Physical and sexual violence – Many transgender persons are attacked in public spaces.
5. Legal invisibility – Until 2018, Section 377 criminalized homosexuality.
Constitutional and Legal Protections for LGBTQ+:-
1. Article 14, 15, 21 – Equality, no discrimination, right to life and dignity (affirmed by the Supreme Court).
2. NALSA v. Union of India (2014) – Recognized transgender persons as a third gender.
3. Navtej Singh Johar v. Union of India (2018) – Decriminalized consensual same-sex relations by striking down parts of Section 377 IPC.
4. Transgender Persons (Protection of Rights) Act, 2019 – Prohibits discrimination against transgender persons in employment, education, and healthcare.
Case studies:-
NALSA Judgment (2014) :-
In the landmark National Legal Services Authority (NALSA) vs. Union of India (2014) case, the Supreme Court of India legally recognized transgender persons as a “third gender.” The Court held that the right to self-identify one’s gender is a fundamental right under Articles 14, 15, 19, and 21 of the Constitution. It directed the government to treat transgender people as socially and educationally backward classes, ensuring reservations in education and employment, and access to healthcare. This judgment was historic as it affirmed dignity, equality, and freedom for transgender persons, moving beyond binary notions of male and female. Yet, on the ground, transgender persons continue to struggle with police violence, unemployment, and social stigma.
• Everyday Struggles:- Intersection of Gender, Caste, and Class
Violence is not experienced equally by all. A Dalit woman, for example, faces triple discrimination — as a woman, as Dalit, and as poor. NCRB data shows Dalit and Adivasi women are disproportionately targeted in sexual violence cases.
Similarly, LGBTQ+ individuals from rural or poor backgrounds face higher levels of exclusion compared to their urban, middle-class counterparts. Thus, gender justice must also address caste, class, and regional inequalities.
• Ground Stories: Breaking the Silence
Odisha’sTransgender Community and Covid-19-
During the pandemic, many transgender persons were left without food or shelter as they were excluded from ration cards and government relief. Community groups stepped in, but the state failed in safety and inclusion.
Pride Marches in India -
From Delhi to Bhubaneswar, pride marches show resilience. Despite harassment, these events reclaim public spaces and challenge violence with visibility.
Why Do These Issues Persist?
1. Patriarchy and Heteronormativity – Deep cultural beliefs normalize male dominance and stigmatize non-heterosexual identities.
2. Weak Law Enforcement – Police often refuse to file FIRs in cases of violence against women and LGBTQ+ persons.
3. Media Silence – Mainstream media underreports issues unless sensational. Everyday harassment rarely makes headlines.
4. Lack of Education – Schools rarely discuss gender equality or LGBTQ+ rights.
Reflection and Analysis:-
True justice and safety cannot be achieved without addressing ecological democracy of rights where every voice, regardless of gender or sexuality, has equal claim to dignity and opportunity.
Women’s struggles show us how normalized patriarchy denies freedom.
LGBTQ+ struggles show us how exclusion denies even basic recognition.
Together, these highlight that silence only protects violence; breaking it is essential for democracy.
India has strong constitutional safeguards, but without social change and active participation of men, families, communities, and institutions, equality remains on paper.
Way Forward: Building Safer, Inclusive Futures :-
1. Strengthening Laws & Accountability -
✓ Fast-track courts for gender-based violence.
✓ Strong enforcement of Transgender Rights Act.
✓ Mandatory police sensitization.
2. Education & Awareness -
✓ Gender and sexuality education in schools.
✓ Public campaigns against homophobia and misogyny.
3. Community Action -
✓ Safe spaces for women and LGBTQ+ persons.
✓ Support groups, helplines, shelters.
4.Role of Men as Allies -
✓ Sharing domestic work.
✓ Questioning toxic masculinity.
✓ Speaking against violence, not staying silent.
Conclusion: Breaking the Silence Together:-
Violence, whether against women or LGBTQ+ communities, is not only a personal tragedy but a social failure. Safety is not a privilege; it is a fundamental right. Laws like the Domestic Violence Act, POSH Act, and the NALSA & Navtej judgments show progress, but the road to equality is long.
Breaking the silence means more than speaking out. It means listening to marginalized voices, holding institutions accountable, and reshaping our understanding of justice.
“Silence protects violence. Speaking out protects dignity. Let us break the silence — for women, for LGBTQ+ communities, and for a future where everyone can live with safety, freedom, and pride.”
References
Government of India. (2021). National Family Health Survey (NFHS-5), 2019–21: India Fact Sheet. Ministry of Health and Family Welfare. Retrieved from https://main.mohfw.gov.in
International Labour Organization (ILO). (2024). India Employment Report 2024: Youth Employment, Education, and Skills. Institute for Human Development & ILO. https://www.ilo.org/sites/default/files/2024-08/India%20Employment%20-%20web_8%20April.pdf
NALSA v. Union of India, Writ Petition (Civil) No. 400 of 2012, Supreme Court of India (2014).
Navtej Singh Johar v. Union of India, Writ Petition (Criminal) No. 76 of 2016, Supreme Court of India (2018).
Protection of Women from Domestic Violence Act, No. 43 of 2005, India Code (2005).
Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, No. 14 of 2013, India Code (2013).
Criminal Law (Amendment) Act, No. 13 of 2013, India Code (2013).
Dowry Prohibition Act, No. 28 of 1961, India Code (1961).
UN Women. (2020). The Nirbhaya Case: India’s Landmark Legal Response to Sexual Violence. UN Women South Asia. https://asiapacific.unwomen.org
Vishaka v. State of Rajasthan, AIR 1997 SC 3011, Supreme Court of India (1997).
World Health Organization (WHO). (2002). World Report on Violence and Health. Geneva: WHO.
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