and Roman Dutch Law in the area of criminal justice or civil wrongs (tort/delict) focused on deterrence of physical harm, on the ground that psychological harm has a dimension that could not be proved. This value system is also embedded in the approach to suicide. (ii) Non-Fatal Physical Injuries : Criminal Law and Other Laws This refers to non-fatal injuries caused in the community or as part of domestic violence in the family, and also impacts on reproductive rights of women and girls. This conduct attracts criminal penalties and sanctions set out in the Penal Code Chapter XVI as offences against the human body or life. These offences too are defined in a gender neutral manner, as offences of causing non-fatal bodily injuries through – Assault (S. 342), Use of Criminal Force (S. 341), Hurt (S. 310) and Grievous Hurt (S. 311). Assault refers to creating a fear of using force, as distinct from using force on a person’s body. The offence of Hurt is defined very broadly. The offence is described as “causing bodily pain, disease or infirmity to any person.” The more serious offence of ‘grievous hurt’ was redefined in 1995 to include wider categories of injuries. (S. 311 repealed and redefined by Penal Code Amendment 1995). Non-fatal injuries caused to pregnant women and girls that impact on reproductive rights are not defined specifically as criminal offences against women in the Penal Code, though this is an acute form of GBV. However the Penal Code has an offence called cruelty to children which can be used to prosecute Non-Fatal physical violence perpetrated against girl children. (S. 308A added by Penal Code Amendment 1995). Injuries to the sexual organs of adult women can be prosecuted not as a separate offence of cruelty under the Penal Code, but under the gender neutral offences of assault using criminal force or causing grievous hurt or hurt. We shall see later that non-fatal physical injuries against women and girls also attract the provisions of the Domestic Violence Act (2005). This Act does not punish this conduct as a criminal offence, but defines offences under Chapter XVI of the Penal Code as domestic Violence, and gives certain types of relief and remedy. [See Annex and discussion on Domestic Violence Act]. It will be seen later that injuries to the sexual organs which involve an infringement to reproductive rights can attract the remedies given under the Constitution Art 11 for violation of the right to freedom from torture. This case law on Art 11 can also be used to prosecute State officials including law enforcement officers for the crime of torture under the Torture Act of 1994, which also applies in times of war or conflict. (S. 3). The concept of torture under this Act however is defined in a very limited way as for specific purposes and confined to the conduct of public officials or in an official capacity in defined situations. Private Non-State Actors are not covered by this Act [S.12]. However acting under a superior's order is not a defence, recognizing the concept of ‘command’ responsibility for torture. [See section on Constitution and (S.3)]. Violence that can cause a woman to attempt suicide is not defined as a specific crime of GBV. Nonfatal physical injuries in the forms of corporal punishment as a measure of discipline may be inflicted by family members on women and girls. Corporal punishment is perpetrated more severely against boys than girls in the community, especially in schools or places of employment. Whether it occurs in the family or community, corporal punishment will attract the penalties specified for Assault, Use of Criminal Force, Hurt or Grievous Hurt in the Penal Code. The Code recognizes a defence of “reasonable chastisement” to allegations of use of Criminal Force, following nineteenth century English criminal law. (Penal Code S 341 illustration (i)). However the scope of this defence is limited, as indicated in cases of prosecutions for these COMPENDIUM ON LAW, GENDER BASED VIOLENCE AND REPRODUCTIVE RIGHTS 07