- Dr. Rekha Singh1, Shivram Ganesanm2, Ranjeet Kumar3
- 1,2Anand College of Legal Studies, Anand, 3Parul Institute of Law, Parul University, Vadodara
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Abstract: Sexual and Gender-Based Violence (SGBV) or
Conflict-Related Sexual Violence (CRSV) in form of Gender-Based Violence
(GBV) is an un-pardonable and forbidden act in the humanitarian community.
Threats and embarrassments in form of SGBV or CRSV have been utilised as a
strategy to undermine their opponents in hostile territory or conflict zones.
Humanitarian law (HL) is a specific subset under the international law
jurisprudence designed to alleviate the after-effects of war or in armed
conflict. Despite the fact that GBV constitutes a crime against humanity in
HL and human rights violation, the problem persists and is prevalent in society
even today. In this article, an attempt is made to identify
potential means of the motive and intention behind GBV. It is also argued
that these incidents of patriarchal activity were planned and used as an
unethical weapon. The article advocates the comparative difference between
CRSV and SGBV. This article also assesses the applicable international laws,
Treaty (ies), Conventions and the stand taken by United Nations (UN). India has witnessed CRSV or SGBV, especially in
warfare and armed conflict. Many sacrificed innocent civilian and this
article has summarised such draconian and rampant instances. The article has
also outlined the Constitutional provisions and the overhaul of Legislations
to dearth the evils related to CRSV or SGBV in the Indian context. |
