Mumbai – Critique of Maharashtra Women Policy- 2013 submitted by Women Groups #Vaw #Womenrights


CRITIQUE OF MAHARASHTRA WOMEN POLICY- 2013

SUBMISSION BY- MUMBAI WOMEN GROUPS AND ACTIVISTS

MAY 10TH 2013, Kamayani Bali Mahabal

The Mumbai Women groups and  activists submitted their critique to the Women  and Child Welfare Minister Varsha Gaikwad, at the   committee meeting held today for finalisation of the women policy. The committee has 11 members .

The submission stated that the  portrayal of women across the policy document reinforces gender stereotypes. The policy does not recognize women’s exploitation as a larger structural or systemic issue. The State continues to see women’s issues as ‘women’s problems’. An issue observed across the policy is that of referring to women as victims or pidit . The policy document typifies women as needy of welfare. So women are portrayed as victims and thus deserving of a piece in the development pie.

The objectives of the policy are very general and do not respond to the changing contexts and the current situation of women. It does not refer to any current data on women at the State level, for example, increasing caste violence, informalisation of labour in agriculture and otherwise, lowered sex ratio, honour killings, conditions of waste-pickers, sex workers, etc. The Policy with a very generic understanding of women’s concerns would lead to providing generic solutions

The policy is not framed within a rights based framework and this is evident from the titles of the sections which are for example day care centre, toilets, women’s hostels etc. The use of the term “adult unmarried women” (praudh kumarika)., assumes that all women have to be married by a certain age and those who cross that age would be referred to as adult unmarried women. So here we still function within the framework of family and marriage as the final goals to be strived for women. Anything outside of the family framework is treated as a problem to be addressed. In another place the word kalavantin has been used to typify women folk artists. The policy is oblivious of the fact that such a usage carries a very different connotation in terms of class and caste histories of exploitation. These and similar such usages probably would befit discussions in the 18th and 19th century but not so in the 21st century by which time we have benefited from learnings from the movement and feminist scholarship.All through the document sex selective abortion is referred to as female foeticide and this despite the fact that women’s movements have been crying hoarse over its use.

One of the very disturbing statements is regarding Sexual violence the reasons for which are attributed to mental illness amongst men or sexual distortions. One of the major contributions of the women’s movement has been to prove that violence is rooted in power and hierarchies whether they are related to case, class, gender, religion. Unfortunately the policy recognizes this not as an issue of broader systems and structures but one of individual malaise. The understanding of sex work also suffers from a similar problem. The entire discussion around sex work is under the broad title of sexually exploited women. Organisations working on the issue of sex work have time and again stated that sex work is not only about sexual exploitation. The policy should be explicit and state sex workers as sex workers and not try to portray them as ‘socially acceptable victims’

The policy is silent on the more pressing needs of the State, with its non committal on the reinstating of the women’s commission and its democratic functioning.. The policy comes across as a stand alone document with no forward or backward linkages. It does not take stock of the achievements of the past policies and neither does it mention the gender indicators which it wants to improve upon.

Below are some detailed critiques of chapters of the Policy Document

Chapter 5 – Awareness /Participation by NGOs….
• Instead of transferring the responsibility to NGOs the government should take full responsibility and take the onus of coordinating and networking with NGOs. They should become equally accountable to them.
• A trained social worker/ Counsellor should be appointed in every school and not a trained social volunteer as suggested to prevent student suicides
• Schools to be guided to undertake programmes/ activities with the purpose of bringing about awareness on gender equality
• The Censure board should include a member working on women’s issues
• When the nodal agency WCD makes training modules they should take inputs from NGOs experienced in that area before finalizing them
Miscellaneous
• The age limit for hiring a woman in crisis to a low cadre government job should be pushed back to 50, as many women between the ages of 35 and 50 years have never worked, and would therefore find it difficult to be seen as “employable”, making them vulnerable to poverty and further hardship, and exacerbating their crisis.
• Refresher training on gender issues to be offered to the police as well as school and college teachers at least once a year.

• MEDIA
• The provisions to grant powers to women commission, for approrpiate actiosn is very vague and arbitrary, unless they are defined .The issue of . Filming / video graphing in media of anything that is vulgar with a commercial purpose or insulting womanhood will be discouraged and such attempts will face legal actions. Rights of reinforcements in these matters will be assigned to an independent agency such as the Women Commission. Again, what is ‘vulgar with a commercial purpose’? Item numbers? Is every item number vulgar? How do we determine which ones harm women? How will such filming be discouraged? What on earth is the ‘rights of reinforcement’?. The policy document says formulating the censor board’ what does it mean, are they proposing a new censor board . The State policy should look at ways in which media can be used to empower women, instead of viewing media only through this punitive lens. This is very one-sided.
• Chapter 6- Education
Under the National Program for Education of girls at Elementary Level every blocks under each district of Maharashtra runs ‘Kasturba Gandhi Residential Schools. These schools are meant for girls and especially for those girls who are being employed as child labour and/or involved in home based work. Every school consists of 100 girls, due to which they could complete their education. Therefore we request that such programs must be implemented at all block levels. Today, it’s been functional only in few districts.

• Today most of the rural schools in Maharashtra do not have separate toilets for women school teachers and girls students. Therefore, separate toilets needs to be constructed for them.

• Every school must have complaints box, so that girl students who wants to complaint of sexual harassment can complete and report about the same. Also, there as to be redressal mechanism to address issues of sexual harassment at every school level.

• In spite of instituting monitoring committees at residential schools levels, which is suppose to hold meetings, submit regular reports to the higher authority, they do not act properly. Therefore there has to be a strict rules and regulations laid down for the same.

Chapter 9- Health

The Chapter on Health does not see women’s right to health as an individual in her own right and but simply as a mother, wife or daughter . The present policy however states the importance of women’s health more because it impacts the health of the child and the society at large. There is no mention of the social determinants of women’s health: poverty, caste, patriarchy as leading to poor nutrition, lack of access to medical care, etc in this section.

The promises such as a counselling centre per public health centre or every district will have a women’s hospital, the policy or the State absolves itself of providing basic primary health care for all, are very unrealistic .It shows disconnect with the ground reality wherein there are no well-functioning PHCs themselves or not stocked with basic medicines — iron and calcium for example for women. Rather than sensationalising the policy by giving everything “women special” there is a need for a more rational and sensitive health service in the State with focus on women, Dalits, tribals and other socially and economically discriminated sections.

• The Policy states about doing a new women health project, Instead of implementing yet another project, efforts should be made to gender sensitize other public health programs.
• Secondly the onus cant be on women alone, the accountability and responsiveness by the State needs to be mentioned.
• The Women’s orgs, NGOs and academic institutions should become obvious choices but they are not mentioned.PPP should not be an excuse by the State to wash its hands off from providing the services, instead, clear guidelines should be formulated to operationalise PPPs. T
• The Gender sensitivity programs should be across all carders of health care providers. It can’t be assumed that Physicians and those at decision making levels are sensitive.
• The policy should examine longer term strategies for addressing the social determinants of health. These are intended to highlight ways that gender inequality and health inequities (between women and men and between differing groups of women) can be addressed.
• To emphasize the importance of gender as a key determinant of women’s health and wellbeing.
• To recognize that women’s health needs vary according to their life stage.
• To prioritize the needs of women with the highest risk of poor health.
• To ensure that the health system is responsive and accountable to all women, with a clear focus on illness prevention and health promotion.
• To support collaborative research, monitoring, evaluation and knowledge transfer to advance the evidence base on women’s health.
• Instead of targeted health insurance , there should universal access to health care.
• Malnutrition is severe among women, the State should come up with a clear plan to combat it.
• Terminal care is needed for all women.
• Efforts will be made to improve women’s freedom to make decisions in regards of health and family planning.
• Special provisions should be made for health care for women in institutions such as prisons, shelter homes, women’s hostels, beggar homes etc.

In Chapter 15– Women and Law

Government of Maharashtra will adopt following measures for effective implementation of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013
• Provide safe working environment to its women employees at its workplaces which shall include safety from the persons coming into contact at the workplace.
• Display at any conspicuous place in the workplace’ the penal consequences of sexual harassments; and the order constituting, the Internal Complaints Committee.
• Organise workshops and awareness programmes at regular intervals for sensitising the employees with the provisions of the Act and orientation programmes for the members of the Internal Committees in government offices.
• Provide necessary facilities to the Internal Committees or the Local Committees, as the case may be, for dealing with the complaint and conducting an inquiry.
• Provide assistance to the woman if she so chooses to file a complaint in relation to the offence under the Indian Penal Code or any other law for the time being in force;
• Cause to initiate action, under the Indian Penal Code or any other law for time being in force, against the perpetrator, or if the aggrieved woman so desires, where the perpetrator is not an employee, in the workplace at which the incident of sexual harassment took place;
• Treat sexual harassment as misconduct under the service rules and initiate action for such misconduct.
• Monitor the timely submission of reports by the Internal Committee.
• Notify a District Magistrate or Additional District Magistrate or Collector or Deputy Collector as District Officer for every District to exercise powers and functions under the Act.
• Monitor constitution of LCCs by the District Officers and appointment of Nodal Officers to be appointed by the District Officers in every block, taluka, tehsil in the rural area and in every Ward in the Municipal Corporation area.
• The Central government to pay State Governments grants of sums of money for payment of fees and allowances to be paid to the Chairperson and Members of the LCCs
• State Government to set up an agency to transfer the grants to the District Officer.
• The appropriate Government shall monitor the implementation of this Act and maintain data on the number of cases filed and disposed of in respect of all cases of sexual harassment at workplace. (Section 23).
• Receive the reports and monitor collection of annual reports to be received by the District officer (Section 21).
• Monitor the timely submission of reports furnished by the Local Committee to the district officer (Section 20).
• Monitor the measures taken by the District Officers for engaging non-governmental organisations for creation of awareness on sexual harassment and the rights of the women. (Section 20).
• Imposition of penalty on employers for non compliance with the provisions of the Act. (Section 26)
• Cancellation, of his license or withdrawal, or non-renewal, or approval, or cancellation of the registration for repeated non compliance to the Act. (Section 26)
• In the public interest or in the interest of women call and inspect records relating to sexual harassment from any workplace through the District officer (Section 25)
• Authorise officers to make inspection of the records and workplace in relation to sexual harassment, who shall submit a report of such inspection (Section 25)
• Provide finance and other such resources to develop relevant information, education, communication and training materials, and organise awareness programmes, to advance the understanding of the public of the provisions of this Act providing for protection against sexual harassment of woman at workplace (Section 24)
• Provide finance and other such resources to formulate orientation and training programmes for the members of the Local Complaints Committees. (Section 24)

PWDVA
• Wider publicity should be given by the government not only to women and girls, but also to men; government officials should set an example.
• Sensitizing police officials is not enough. Make them accountable through administrative and penal provisions if they refuse to assist the woman who complains of domestic violence.
• Protection officers – need to be trained as well as monitored. There has to be a system of accountability; more protection officers need to be appointed as the present number is inadequate.
• NGOs can play a complementary role, but the responsibility of implementing the Act cannot be outsourced to NGOs, as it is essentially a state responsibility.
• Political will to implement the Act needs to be exhibited through an adequate budgetary allocation and provision of required infrastructural facilities for personnel under the Act.
Suggestions regarding Special Court / Family Courts:
• Travelling allowance to needy women who attend court – proper criteria needs to be set, to avoid ad hocism and discrimination.
• For every court date, working women need to take half day or full day leave, which results in a loss of earning. Appropriate measures need to be taken to address this problem.
• Vacancies in family courts need to be filled up promptly to ensure that pendency of cases does not increase.
• Family court judges need to be trained to inculcate a gender perspective – they should not prioritize saving the marriage at the cost of physical security and mental well-being of the woman.
• There has to be a system of regular updation of knowledge of family court judges, and a proper system of monitoring the judgments delivered and the perspective with which such judgments are delivered.
• The state free legal aid service needs to be strengthened; legal aid lawyers should be competent professionals with integrity, who should undergo adequate training; women should not be subjected to harassment and demand of bribe by the legal aid lawyers.
• Fast track courts, if started, should not compromise over rights of the accused to a fair trial, and should follow the safeguards in law to balance the interests of the accused and the complainant.
Helplines for Women
Clarity is required on the following issues:

It is positive step that government has announced setting up of 1091 as a helpline number. The most important is that it should be placed within the police control room and should be operated by Police personnel and should be supported with regular trainings of police personnel and adequate publicity for the number to be known to people so that it can be effectively used by women in crisis. There should be a standardize catergorisation across the state and there should be systematic documentation of calls, action taken.

Elderly / Senior Women
• Its important to train police officials to be sensitive to the difficulties faced by the elderly, particularly elderly women
• They should not be called to the police station often
• Stringent action should be taken against police officials who refuse to register a complaint by elderly women, and against those who take a bribe from their relatives

Trafficking of Women

• The government needs to de-link trafficking and sex work completely, as trafficking of women and girls is done not only for sexual exploitation but also for cheap and exploitative labour, for forced marriage, adoptive or other intimate relationships.
• Ensure proper and effective implementation of Immoral Traffic Prevention Act (ITPA);
• Issue strict directions to law enforcement officials to act bona fide and with due diligence;
• Take strict action against public officials who are complicit in or connive with the perpetrators in trafficking of women;
• Ensure that women’s human rights including the right to dignity and privacy are respected at all stages of the legal proceedings, including at the time of registration of FIR, investigation and prosecution;
• Provide free legal aid to trafficked women, and protect them from intimidation / threat / coercion from the traffickers;
• Issue directions to all law enforcement and health officials not to conduct mandatory medical examinations on trafficked women, including for HIV / AIDS; the same is to be conducted only on a voluntary basis, if requested by the woman concerned;
• Provide adequate, confidential and affordable medical and psychological care to trafficked women,
• Ensure that strictly confidential HIV testing services are provided only if requested by the woman concerned, and any and all HIV testing is accompanied by appropriate pre- and post-test counselling;
• Any state initiatives for ‘rescue and relief’ of trafficked women should be conducted in a planned manner, with the participation of civil society groups, and after putting in place provisions to meet the needs of trafficked women;
• In contexts of inter-country trafficking, repatriation of the women to their country of origin should be resorted to, only after due consideration of the woman’s wishes;
• Provide directions to state enforcement officials not to detain trafficked women in nari niketans / government-run homes or institutions, as the trafficked women have committed no crime and their rights have to be respected;
• The state has to address the issue of trafficking, not only through a law and order approach that focuses on criminal law, prosecution and punishment, but through a human rights approach that keeps the trafficked woman’s right to privacy, dignity and other human rights at the centrality of state response.
• Strengthen measures to alleviate poverty, underdevelopment and lack of equal opportunity, as well as educational, social and cultural measures to discourage the demand that fosters exploitation and leads to trafficking, particularly of women
• Provide adequate livelihood opportunities for rural women in order that migration is not the only means to secure reasonable wages and an adequate standard of living
• Address the structural causes of violence against women to ensure that migration is not resorted to as a means of escaping from violence and discrimination at the place of origin
• Put in place gender-specific interventions for contexts of natural disasters, displacement, political instability, civil unrest, internal conflict including communal violence, as such contexts exacerbate women’s vulnerabilities and may result in an increase in trafficking;
• Mandatory testing for HIV, as conceived of in the women’s policy, is violative of women’s human rights. Instead, women should be given information and raise their awareness about the advantages of testing.

Shelter

• The condition in Maharashtra government’s shelter homes is despicable, and does not provide a safe environment for women to live in, due to many incidents of sexual exploitation and rape in shelter homes. A social audit of all shelter homes operating in the state is required urgently.
• Ensure that all shelter homes are registered under the relevant laws, and that provisions for frequent monitoring of the conditions of the homes are implemented
• At present, women are so terrified of shelter homes that they would rather tolerate the violence in their matrimonial homes. This situation needs to change for the better, if the Maharashtra government is serious about empowering women.
• Ensure that shelter homes are provided with adequate facilities and a clean environment for the physical and mental well-being of the inmates
• Counselling, psychiatric and medical services should be provided
• Surprise checks should be conducted to ensure the proper management of shelter homes
• Financial audit requires to be done, as required.

Implementation of the Section 498 (A) IPC

1. In depth and intensive multidisciplinary research and documentation in the area of violence against women and law are required. There should be concerted efforts for coordinated research projects involving stakeholders like the police, judiciary, women’s organisations and academic institutions.

2. Capacity building for skilful investigations of crimes against woman will help in sensitive handling of cases. A protocol or ‘drill’ for investigation in cases of Section 498A IPC should be developed. The focus should be on women as citizen’s experiencing violence within the family.

3. Capacity building to enable the Criminal Justice System to uphold mental violence as legitimate evidence and render legally relevant facilities in cases of mental and emotional abuse will help address the current situation. Mental violence should be treated at par with physical violence.

4. The judicial decisions of compounding/reconciliation in cases of Section 498A should be critically reviewed through research.
PCPNDT ACT

The Policy says In order to make the PC-PNDT law provisions mandatory, the government will form a new protocol under PC-PNDT Act and will strictly implement it. This is a central act and they cannot make their own protocols. The State needs to ensure implementation of law without backlash on the right to abortion to women.

A recent survey conducted in the slums of Mumbai by Women Networking (an informal network of community organizations, NGOs and individuals) has revealed that while 65% of the respondents (out of 700) were aware of the law on sex selection only 24 per cent knew that abortion is legal in our country. This high-level of awareness of PCPNDT Act is an outcome of the government’s efforts to save the girl child, but it has inadvertently resulted in mortality rate as high as 8% among women who are forced to approach ill trained health practitioners for abortions, because of poor awareness on women’s right to abortion. In Mumbai, the medical shops are directed not to sell drugs & injections related to abortion and contraception without a prescription from authorized doctors. The Maharashtra Policy needs to ensure that under no circumstances the right to abortion as stipulated in the Medical Termination of tHE Pregnancy (MTP) Act be curtailed.

Limiting access to safe abortion methods only pushes women towards unsafe methods, thereby endangering their health and survival. Monitoring women buying pills from pharmacies is regressive as it undermines the confidentiality aspect of abortion and can lead to harassment of women at the hands of officials. Such regulations are discriminatory and curtail autonomy of women over their own body, right to dignity and right to benefit from advances of science, medicine and technology.
Sex selection is a phenomenon which emerges from gender discrimination and socio-economic bias. All efforts to prevent sex selection must seek to address issues of gender discrimination, instead of further constraining women’s access to safe abortion services

Chapter- 19- Physically disabled and mentally challenged women

The chapter on women with disabilities finishes in 12 lines , which says a lot . The language should be women with psycho social disabilities and not physically disabled and mentally challenged . The Women with disabilities do not need ‘ Sypmathy” as the policy document says but ‘Empathy. Clubbing them with senior citizens is not at all justice to their needs and rights . They need more of integration with society and the so called normal citizens need to be sensitized with issue and concerns of women with psycho social disabilities especially the teachers , than, having special schools. The Policy only addresses physical access to transport and does not even touch upon the issue of forced psychiatric interventions and institutionalization. These acts of violence are done under the legal authority of the state, and in pursuance of wrong and discriminatory state policy, and there is no possibility of redress, emphasizing the message of all violence that tells the victim she is powerless.

There have been instances for forced sterilization were in the range of 5-7% for the combined group and 7.5% for women with mental disabilities. The high incidences of sterilization of women with disabilities happen because families and community do a role reversal viewing them as incapable of motherhood, which goes unchecked. Unjustified administration of drugs {tranquillizing the woman to ‘shut her up’) or withdrawal of drugs also comes under the realm of physical abuse. We see regular over medication of patients. There is no prescription audit and we are demanding it. Over medication is leading to patients having serious side effects and not being able to participate in the rehabilitation programs

Voluntary admissions, hospitalization and discharge favor men more than women. A study of five mental hospitals in the state of Maharashtra revealed that while men are admitted to hospitals for treatment in the early stages of diagnosis, women are “dumped” here only after their illness turns chronic ie when they turn dysfunctional and are unable to comply with their social roles. The policy needs to address
1. The Gender Gaps in Mental Health Treatment
2. Marriage and Lack of legal aid in rural areas
3. Stop Institutionalization
4. Initiate Community linked programmes
5. Legally ban forced sterilization of girls
6. Make policies which are more catered towards the needs of the women with disabilities.
7. Audit and monitor on a regular basis to make sure the implementation of these policies.
8. Bringing in accessibility features so as to make access to enforcement agencies and various redressal mechanisms easier and available.
9. ECT is used in most hospitals without permission
10. Punishment of erring officials and duty bearers.

Chapter 23– Sexually Exploited Women

This policy conflates trafficked women and those that are in sex work of their volition.
This is a deliberate attempt to ignore the supreme court who in the case of Budhadev Karmaskar v. State of West Bengal , wherein a regular criminal appeal relating to the murder of a sex worker in Kolkata was converted into a broader PIL to look into the issue of rehabilitation of sex workers. A panel was constituted by the Supreme Court order
dated 19.07.2011 with the following terms of reference:
• Prevention of trafficking,
• Rehabilitation of sex workers who wish to leave sex work, and
• Conditions conducive for sex workers to live with dignity in
accordance with the provisions of Article 21 of the Constitution (as modified by the order of the Supreme Court dated 26.07.2012).The Policy by the state of maharashtra clearly conflates all the three above instead of following the orders of the supreme court of India.

Chapter 24- Transgenders (Sr.No 24)

A welcome move to include transgender, the policy only suggests ‘preventive measures’ for stopping people from being transgender. It suggests that this can be done through monitoring pregnant mothers and hormonal levels. The policy shows a lack of sensitivity and understanding of the issue. One of the reasons cited for being a transgender is “under too much influence of women” or the reason for being transgender as a ‘distortion’, which reflects the level of empathy among the government for people’s choices.

• Definition of Transgender is absolutely incorrect – archaic words such as gender deformity, chop of their genitals etc are used.
Alternate definitions
- Transgender is an umbrella term for persons whose gender identity, gender expression, or behavior does not conform to that typically associated with the sex to which they were assigned at birth. (American Psychological Association)

- Transgender is the state of one’s gender identity (self-identification as woman, man, neither or both) not matching one’s assigned sex (identification by others as male, female or intersex based on physical/genetic sex -) ^ a b Gay and Lesbian Alliance Against Defamation. ‘’GLAAD Media Reference Guide – Transgender glossary of terms”‘’GLAAD’’, USA, May 2010. Retrieved on 2011-02-24.)

- Transgender (sometimes shortened to trans or TG) people are those whose psychological self (“gender identity”) differs from the social expectations for the physical sex they were born with. To understand this, one must understand the difference between biological sex, which is one’s body (genitals, chromosomes, ect.), and social gender, which refers to levels of masculinity and femininity. Often, society conflates sex and gender, viewing them as the same thing. But, gender and sex are not the same thing. Transgender people are those whose psychological self (“gender identity”) differs from the social expectations for the physical sex they were born with. For example, a female with a masculine gender identity or who identifies as a man.
http://geneq.berkeley.edu/lgbt_resources_definiton_of_terms#transgender ; Retrieved on 08-05-2013)
• Lesbian and bi-sexual women have been totally ignored in the policy -They need to be included
• The paragraph on preventive measures makes no sense and should be scrapped
• There is a complete welfare approach adopted rather than a rights based approach in the policy as far as transgenders are concerned
• There is no need for having a separate comprehensive Act for them to live a life of Dignity. The constitution already provides these rights. The changes are required through rigorous sensitization of stake holders and civil society and creation of structures to enable them to get their basic rights.eg modification of all official documents to include a sex option apart from male and female etc.
• Need to incorporate non-discrimination and equal employment opportunities in public and private organizations as well.

The Submissions by- Women Organisations / Networks and Individual activists
• Akshara
• Forum against Sex Selection- FASS
• Jan Swasthya Abhiyan- Mumbai
• Point of View
• Sneha
• Veshya Mukti Morcha
Individuals -
• Anagha Sarpotdar
• Kamayani Bali Mahabal
• Saumya Uma

4 comments on “Mumbai – Critique of Maharashtra Women Policy- 2013 submitted by Women Groups #Vaw #Womenrights

  1. Pingback: Indore woman professor terminated for lodging Sexual Harrassment complaint #Vaw #WTFnews | kracktivist

  2. Pingback: #India – Why Salwa Judum was held Unconstitutional by Supreme Court | kracktivist

  3. The high incidences of sterilization of women with disabilities happen because families and community do a role reversal viewing them as incapable of motherhood, which goes unchecked CAN YOU PLEASE GIVE THE REFERENCE?

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