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UN Special Rapporteur on Violence against women, its causes and consequences finalises country mission to India

Special Rapporteur on Violence against women, its causes and consequences finalises country mission to India

NEW DELHI (1 May 2013) – At the end of her official country mission to India, the UN Special Rapporteur on violence against women, its causes and consequences, Ms. Rashida Manjoo, delivered the following statement:

“I have been mandated by the Human Rights Council to seek and receive information on violence against women, its causes and consequences, and to recommend measures to eliminate all forms of violence against women.

I would like to begin by expressing my thanks to the Government of India for having invited me to visit the country from 22 April to 1 May. The invitation, which was in response to a request from my mandate, was received prior to the events that led to the death of a young woman in Delhi on 16 December 2012. The protest actions and outpouring of sadness and anger; and the extensive coverage by the media, both local and global; has generated a huge focus on the issue of violence against women and girls in India. This mission has generated country-wide interest, and also, demands for the addressing of this systemic problem as an urgent imperative, at both the State and the non-state levels.

During my visit, I held meetings in New Delhi, Rajasthan, Gujarat, Maharashtra and Manipur, and gathered information from other states, including Tamil Nadu. I am grateful to all my interlocutors, including Union and State authorities, National Human Rights Institutions, representatives of civil society organisations, and United Nations agencies. Most importantly, I want to thank the individual women who shared their personal experiences of violence and survival with me. The pain and anguish in the testimonies of loss, dispossession, and various human rights violations, was visceral and often difficult to deal with.

The Government of India has signed and ratified numerous international human rights instruments and has also adopted numerous progressive laws and policies at the Union and State levels. Numerous laws, including amendments to existing laws, have been enacted to address various manifestations of violence against women. Among others, these include: the Indian Penal Code which broadly includes crimes against women. This law includes the crimes of rape, kidnapping and abduction for specified purposes, homicide for dowry, torture, molestation, eve teasing, and the importation of girls, among others. More specific laws on crimes against women include: the Criminal Law Amendment Act 2013, the Sexual Harassment of Women at Workplace (Prohibition, Prevention and Redressal) Act 2013, the Protection of Women from Domestic Violence Act 2005, the Indecent Representation of Women (Prohibition) Act 1986, the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act 1989, the Dowry Prohibition Act 1961, the Commission of Sati Prevention Act 1961, and the Immoral Traffic (Prevention) Act 1956 among others.

Furthermore, the following Bills are currently under discussion: the Indecent Representation of Women (Prohibition) Amendment Bill 2012, the Readjustment of Representation of Scheduled Castes and Scheduled Tribes in Parliamentary and Assembly Constituencies Bill 2013, the Removal of Homelessness Bill 2013, the Prevention of Female Infanticide Bill 2013, the Abolition of Child Labour Bill 2013, the Child Welfare Bill 2013, the Indecent or Surrogate Advertisements and Remix Songs (Prohibition) Bill 2013 and among others.

At the institutional level, the realisation of the promotion and protection of human rights broadly, and women’s rights and children’s rights specifically, are vested in numerous Union and state level Ministries, Departments, Commissions, Committees and Missions for the empowerment of women. Furthermore, I was informed about numerous programs and policies that have been put in place in recent years to address the issue of violence against women within a human rights and development framework. These include schemes addressing the needs of victims of rape, trafficking, domestic violence, and so on. Some of these schemes address counselling, support, skills development, access to benefits and also to shelters. Public/private partnerships have been forged within different spheres including the police sector. The laws and schemes highlighted above will be analysed and discussed fully in my mission report.

I welcome the Government of India’s speedy response after the rape incident of 16 December. A judicial committee headed by the late Justice Verma was established, and new legislative measures were adopted earlier this year. While this legislative reform is to be commended, it is regrettable that the amendments do not fully reflect the Verma Committee’s recommendations.

It is unfortunate that the opportunity to establish a substantive and specific equality and non-discrimination rights legislative framework for women, to address de facto inequality and discrimination, and to protect and prevent against all forms of violence against women, was lost. The speedy developments and also the adoption of a law and order approach to sexual wrongs, now includes the death penalty for certain crimes against women. This development foreclosed the opportunity to establish a holistic and remedial framework which is underpinned by transformative norms and standards, including those relating to sexual and bodily integrity rights. Furthermore, the approach adopted fails to address the structural and root causes and consequences of violence against women.

The Protection of Women from Domestic Violence Act is a positive development in the aspirational goal of protection for victims of family violence. The discrepancy between the provisions of the laws and the effective implementation thereof, whether through the use of the police generally or the Protection Officers in particular, was a recurrent complaint which I heard. Despite provisions intended to offer legal, social and financial assistance to victims, many women are unable to register their complaints. As a result, the vulnerability of women increases, and further, they are also deprived of the benefits prescribed in the law – as proof of registration of cases is required for access to many benefits. Furthermore, prevention of violence, as a core due diligence obligation of the State, does not feature in the implementation of this law.

Despite numerous positive developments, the unfortunate reality is that the rights of many women in India continue to be violated, with impunity as the norm, according to many submissions received. Mediation and compensation measures are often used as redress mechanisms to address cases of violence against women, thus eroding accountability imperatives, and further fostering norms of impunity.

Manifestations of violence against women

Numerous experiences of violence, whether direct or indirect, in different spheres including the home, the community, and in institutions, whether perpetrated by state actors or condoned by the State, was shared with me during the mission. Violence is being experienced in situations of peace, conflict, post-conflict, and displacement among others. The denial of constitutional rights in general, and the violation of the rights of equality, dignity, bodily integrity, life and access to justice in particular, was a theme that was common in many testimonies. Violence against women as a cause and consequence of de factoinequality and discrimination was also a common theme in numerous submissions received.

Violence against women and girls in India manifests in numerous ways and varies in prevalence and forms based on numerous factors including geographic location. Some manifestations include: sexual violence, domestic violence, caste-based discrimination and violence, dowry related deaths, crimes in the name of honour, witch-hunting, sati, sexual harassment, violence against lesbian, bisexual, and transgender people, forced and/or early marriages, deprivation of access to water and basic sanitation, violence against women with disabilities, sexual and reproductive rights violations, sex selection practices, violence in custodial settings and violence in conflict situations, among others. These manifestations of violence are rooted in multiple and intersecting forms of discrimination and inequalities faced by women, and are strongly linked to their social and economic situation. One interlocutor described violence against women and girls as functioning on a continuum that spans the life-cycle from the womb to the tomb.

During my visit, I heard numerous testimonies of many women who are survivors of domestic violence, whether at the hands of their husbands or other family members. Many of these women live in family settings with deeply entrenched norms of patriarchy and cultural practices linked to notions of male superiority and female inferiority. The lack of effective remedies, the failure of the State to protect and prevent violence against women, the economic dependence of many women on the men in their lives, and the social realities of exclusion and marginalization when speaking out, often results in women accepting violence as part of their reality. The current focus by state actors on preserving the unity of the family is manifested in the welfare/social approach and not in the human rights based approach. It does not take into consideration the nature of relationships based on power and powerlessness; of economic and emotional dependency; and also the use of culture, tradition and religion as a defence for abusive behaviour.

Sexual violence and harassment in India is widespread, and is perpetuated in public spaces, in the family or in the workplace. There is a generalized sense of insecurity in public spaces/amenities/transport facilities in particular, and women are often victims of different forms of sexual harassment and assault.

On the issue of conflict-related sexual violence, it is crucial to acknowledge that these violations are occurring at the hands of both state and non-state actors. The Armed Forces (Special Powers) Act and the Armed Forces (Jammu and Kashmir) Special Powers Act (AFSPA) has mostly resulted in impunity for human rights violations broadly, according to information received. The law protects the armed forces from effective prosecution in non-military courts for human rights violations committed against civilian women among others, and it allows for the overriding of due process rights. Furthermore, in testimonies received, it was clear that the interpretation and implementation of this act, is eroding fundamental rights and freedoms – including freedom of movement, association and peaceful assembly, safety and security, dignity and bodily integrity rights, for women, in Jammu & Kashmir and in the North-Eastern States. Unfortunately in the interests of State security, peaceful and legitimate protests often elicit a military response, which is resulting in both a culture of fear and of resistance within these societies.

In India, women from the Dalit, Adivasi, other Scheduled castes, tribal and indigenous minorities, are often victims of a multiplicity of forms of discrimination and violence. Despite protective legislative and affirmative action laws and policies, their reality is one where they exist at the bottom of the political, economic and social systems, and they experience some of the worst forms of discrimination and oppression – thereby perpetuating their socio-economic vulnerability across generations. They are often forced to live in displacement settings, experience forced labour practices, prostitution and trafficking, and also experience intra-community violations of rights.

In consultations in Manipur, I heard anguished stories from relatives of young women who have disappeared without trace or who were found dead shortly after going missing. The lack of response from the police is the norm in such cases, with the attitude being that these are mostly elopement cases. I am deeply concerned about other consequences of such disappearances of young women, including exposure to sexual abuse, exploitation or trafficking. More generally, many tribal and indigenous women in the region are subjected to continued abuse, ill-treatment and acts of physical and sexual violence. They are denied access to healthcare and other necessary resources, due to the frequency of curfews and blockades imposed on citizens. Moreover, the chronic underdevelopment prevalent in the region, coupled with frequent economic blockades, is having an impact on the overall cost of essential items, and is exacerbating the already vulnerable situation of women and children living in the region.

Customary and religious practices such as child marriages and dowry-related practices, sorcery, honour killings, witch-hunting of women, and communal violence perpetrated against cultural and religious minorities, were highlighted in numerous testimonies. Communal violence, inspired by religious intolerance, does manifest in some parts of India. Indiscriminate attacks by religious majorities on religious minorities, including Christian and Muslim minorities, is frequently explained away by implying that equal aggression was noted on both sides. Also, such violence is sometimes labelled as ‘riots’, thereby denying the lack of security for religious and other minorities, and disregarding their right to equal citizenship. This issue is of particular concern to many, as the wounds of the past are still fresh for women who were beaten, stripped naked, burnt, raped and killed because of their religious identity, in the Gujarat massacre of 2002.

I am also concerned about the declining female sex ratio in India. The deeply entrenched patriarchal social norms, prevailing views of daughter-aversion and son-preference, the dowry-related link, and, the general sense of insecurity in light of high prevalence rates of gender-based violence, is fuelling a significant drop in female births throughout the country. The Indian Government’s concern about this issue has resulted in the adoption of policies and schemes. The implementation of such interventions is resulting in the policing of pregnancies through tracking/surveillance systems and is resulting in some cases in the denial of legal abortion rights, thereby violating the sexual and reproductive rights of women.

With regard to domestic workers, I am dismayed by the prevalence of numerous violations faced by these women and girls. Many of them, often migrant and unregistered women, work in servitude and even bondage, in frequently hostile environments; performing work that is undervalued, poorly regulated and low-paid. According to testimonies, they are also denied access to essential services and resources provided by the State, as they lack proper identification, and view this as a barrier to access. They are often the victims of various acts of violence, including sexual harassment and victimization by their employers and others.

I have also been informed that women with disabilities experience numerous forms of violence, including sexual violence, forced sterilization and/or abortions and forced medication without their consent. In addition, their experience of discrimination, exclusion and marginalisation reinforces the need for greater attention and specificity.

India has embarked on a journey of aggressive economic growth and this path is viewed as the route to simultaneously addressing its human development challenges. Despite the inclusion of beneficial provisions for women and children in the Five Year Plan, the impact of economic development policies on women is resulting in forced evictions, landlessness, threats to livelihoods, environmental degradation, and the violation of bodily integrity rights, among other violations. The adverse consequence of resulting migration to urban areas is reflected in the living and work conditions of many of these women and children, for example living in slums or on the streets, engaging in scavenging activities and in sex work etc. Some women have committed suicide; others are frequently exposed to acts of harassment and violence, including sexual assault. It was strongly argued by many interlocutors that India’s pursuit of neo-liberal economic growth must not be pursued at the expense of vulnerable women and children, and their right to a healthy and secure environment.

Conclusion

Numerous human rights mechanisms have addressed the violation of women’s human rights in India. The substance of some relevant recommendations addresses the following issues:

1) There is a need for urgent measures to end the alarming decline in sex ratios (CEDAW, CRC)

2) The negative effect of personal status laws on the achievement of overall gender equality (CRC, CCPR, and CEDAW). Such laws need to be reformed to ensure equality in law (CEDAW).

3) The social and cultural patterns of discrimination against women require urgent action by the State (CEDAW).

4) Ensure that all victims of domestic violence are able to benefit from the legislation on domestic violence. Develop a comprehensive plan to combat all forms of violence against women (CEDAW). Domestic violence is endemic. The Protection of Women from Domestic Violence Act and Section 498-A of the Indian Penal Code must be enforced effectively (CESCR).

5) The implementation of the Armed Forces (Special Powers) Act, the Public Safety Act and the National Security Act, and the Armed Forces (Jammu & Kashmir) Special Powers Act should be repealed (HRC, SR Summary Executions), as it perpetuates impunity (HRC), and is widely used against Human Rights Defenders (SR HRD).

6) Grave concerns are noted as regards the continuing atrocities perpetrated against Dalit women. There is a culture of impunity for violations of the rights of Dalit women (CEDAW). Concerns are further expressed for the failure to properly register and investigate complaints of violations against scheduled castes and tribes, the high rate of acquittals, the low conviction rates, and the alarming backlog of cases related to such atrocities (CRC, CEDAW and CERD).

7) The practice of devadasi is of concern (HRC). The effective enforcement of relevant legislation and the Indian Constitution is required to end this practice (CERD).

8) To expeditiously enact the proposed Communal Violence (Prevention, Control andRehabilitation of Victims) Bill, 2005 with the incorporation of: sexual and gender-based crimes, including mass crimes against women perpetrated during communal violence; a comprehensive system of reparations for victims of such crimes; and gender-sensitive victim-centred procedural and evidentiary rules, and to ensure that inaction or complicity of State officials in communal violence be urgently addressed under this legislation.

9) Grave concern is expressed about the continued existence of women and girls employed as domestic workers and their experiences of sexual abuse (CEDAW).

10) Harmful practices on women and girls, including forced marriage, dowry and dowry-related violence are of great concern (CEDAW, CRC, CERD, and HRC). Violence and social sanctions due to inter-caste relationships are also of concern (CERD).

11) The impact of mega-projects on the rights of women should be thoroughly studied, including their impact on tribal and rural communities, and safeguards should be instituted (CEDAW).

12) Continuing disparities in literacy levels are of concern, in particular the educational status of scheduled castes, scheduled tribes and Muslim women (CEDAW). Effective measures must be adopted to reduce the drop-out rates among Dalit girls (CERD).

13) More effort is needed to end customary practices which deprive women fromunderprivileged classes, castes and religious minorities of their rights to human dignity and to non-discrimination (HRC).

I would like to encourage the government of India to ensure specificity in addressing the multiple and intersecting inequalities and discrimination that women face. My mandate has consistently voiced the view that the failure in response and prevention measures stems from Government’s inability and/or unwillingness to acknowledge and address the core structural causes of violence against women. Linkages should be made between violence against women and other systems of oppression and discrimination prevalent within societies. A legislative and policy approach will not bring about substantive change if it is not implemented within a holistic approach that simultaneously targets the empowerment of women, social transformation, and the provision of remedies that ultimately address the continuum of discrimination and violence, and also the pervasive culture of impunity.

My comprehensive findings will be discussed in the report that I will present to the United Nations Human Rights Council in June 2014.”

ENDS

Ms. Rashida Manjoo (South Africa) was appointed Special Rapporteur on Violence against women, its causes and consequences in June 2009 by the UN Human Rights Council. As Special Rapporteur, she is independent from any government or organization and serves in her individual capacity. Ms. Manjoo also holds a part-time position as a Professor in the Department of Public Law of the University of Cape Town. Learn more, visit: http://www2.ohchr.org/english/issues/women/rapporteur/index.htm

UN rapporteur: India’s laws not tough enough on violence against women (rawstory.com)

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by kracktivist on May 2, 2013 • Permalink

Posted in Advocacy, Announcements, Health Care, Human Rights, Justice, Kractivism, Law, Violence against Women, Women Rights

Tagged Delhi, Domestic violence, Government of India, India, New Delhi, United Nation, United Nations Special Rapporteur, Women in India

Posted by kracktivist on May 2, 2013

http://kractivist.wordpress.com/2013/05/02/un-special-rapporteur-on-violence-against-women-its-causes-and-consequences-finalises-country-mission-to-india/

Gujarat Cops don’t cooperate with women complainants: Activist

The Times of India, 15 March 2013

VADODARA: Days within the Supreme Court rapped the Punjab and Bihar police for their excesses on women, a city-based NGO has accused them of being insensitive towards cases of sexual harassment and domestic violence. Activist Trupti Shah, who runs non-governmental organization for women’s rights, said the city police don’t cooperate with women complainants and instead make them do rounds of the police station.

She cited a recent case of a working woman, who wanted to file FIR against her company’s chief operating officer (COO) for sexual harassment. “When she approached Chhani police in October last year, they asked her to strike a compromise with the company. They told her that it was in her own interests,” Shah told TOI.

“The victim had agreed to compromise if the COO tendered a written apology, but when it didn’t happen, she approached the cops. The police instead told her that registering such complaint would put blot on her name. The then police inspector even shouted at me and accused me of instigating the girl,” Shah said and added that while her complaint was taken in January this year, the police refused to register it as per the details provided by her.

Shah claimed that she got 10 cases of domestic violence and two cases of sexual harassment in last eight months. “In six cases of domestic violence, no FIR was registered as the police insisted the women strike a compromise,” Shah said.

Shah has written to city police commissioner, state DGP, National Commission for Women and Gujarat State Commission for Women informing them about the problems faced by women complainants.

#Gujarat- Even police don’t have sexual complaint panel’ #womenrights #Vaw (kractivist.wordpress.com)

#India- All-Women Bank is A Non-Solution #Budget2013 #Womenrights

FEBRUARY 28, 2013

Kavita Krishnan

Kavita Krishnan is secretary of the All India Progressive Women’s Association.

She can be contacted at Kavitakrish73@gmail.com

Women’s Safety and Welfare Need Adequate Budgetary Allocations,

Not Hollow and Cynical Gestures

The Govt Takes Nirbhaya’s Name, Why Hasn’t It Provided Budgetary Backing for the Rehabilitation and Medical Care of All Rape and Acid Attack Survivors?

The Finance Minister’s Budget speech made several references to women. But since these have not been backed by sufficient allocations in the required areas, these references appear to be mere token and hollow gestures.

The ‘Nirbhaya fund’ is the most glaring instance of this. In the case of Nirbhaya (the Delhi gang-rape braveheart), the Government had responded to the public outcry by taking over all the medical costs of Nirbhaya. The Congress party leaders had even offered a flat to her family members. The Budget was the Government’s chance to show that these were not mere ‘charity’ gestures in one single case. In fact, the Government ought to show that it owns responsibility for the safety of all women, by providing every single survivor of rape or acid attacks with state-funded rehabilitation and medical care. The 1000 crore Nirbhaya fund, a mere corpus fund rather than a Budgetary allocation, is as of now far from adequate for covering the rehabilitation and medical costs of survivors of gender violence. In Haryana, dalit rape survivors have been forced to relocate away from their village, and the Government has ignored their demands for rehabilitation costs. Acid attack survivors and grievously injured rape survivors (as in Nirbhaya’s case) often have to travel for specialized medical care such as burns units, plastic surgery, and certain operations. Such travel costs ought to be covered by the Government also. For the Government to cynically use Nirbhaya’s name for a fund that fails to offer a guarantee of support for all survivors of gender violence, is shameful. The Rs 200 crore that has been allocated to the WCD Ministry is again, inadequate as well as vague as to its purpose.

Legislations against violence faced by women (such as the Domestic Violence Act and laws against sexual violence) need to be backed by budgetary allocations. The Budget should also have announced specific allocations for safe houses and shelters for women who face domestic violence, incest, and for homeless women. There are any number of instances where girls and women facing incest are forced to continue to stay in the same house as their molester, for want of a safe shelter. Homeless women remain ever-vulnerable to violence on the streets. And the few existing shelters are so harsh in their conditions that women commonly refer to many of them as ‘women’s jails.’

One can compare these amounts (1000 crore, 200 crore) with the Budget’s statement of revenues foregone. The Budget promises to forego revenues to the tune of 68007.6 crore on corporate taxpayers (defined by the Government as prioritised tax payers) for the year 2012-13; in 2011-12 this amount was 61765.3 crore. If the Government can write off taxes to the tune of between 60-70000 crore every year for super-rich corporations as ‘incentives’, why is it that women’s safety is not seen as a similar priority by the Government?

The Finance Minister’s announcement of a public sector women’s bank is rather mystifying. Why can’t existing public sector banks offer affordable institutional loans to women? By creating a women’s bank (whose purpose is as yet unclear), are existing banks being absolved of their responsibilities to women? Like the SHGs (which leave women debtors at the mercy of the micro-finance institutions), the women-only banks might end up being projected as the highly inadequate and misplaced ‘substitute’ for institutional bank-support for women.

The Government should, in addition, have announced allocations to ensure more judges and courts (to ensure speedier trials); forensic investigations facilities all over the country, and primary health care centres in every village, specially equipped to deal with diagnostics and care for women.

Kavita Krishnan,

Secretary, AIPWA

On behalf of the ongoing Bekhauf Azadi campaign against sexual violence

‘Nirbhaya Fund’ to be set up for empowerment of women (ibnlive.in.com)

1 Comment

by kracktivist on February 28, 2013 • Permalink

Posted in Advocacy, Announcements, Health Care, Human Rights, Justice, Kractivism, Law, Minority Rights, Violence against Women, Women Rights

Tagged Acid throwing, Budget Day, Delhi, Domestic violence, Finance Minister, Government, Haryana, Nirbhaya

Posted by kracktivist on February 28, 2013

http://kractivist.wordpress.com/2013/02/28/india-all-women-bank-is-a-non-solution-budget2013-womenrights/

Does Facebook have a problem with women? #Vaw #WTFnews

Facebook insists there’s no place on its site for hate speech or content that is threatening or incites violence. So why do images that seem to glorify rape and domestic violence keep appearing?

Laura Bates
The Guardian, Tuesday 19 February 2013

Does Facebook have a problem with women? The question has been around since 2011 when Eve Ensler and Ms Magazine drew attention to the social networking site’s failure to remove misogynistic images that seemed to glorify rape and domestic violence.

Then the issue came back again with users taking to Twitter in recent weeks to express their anger at Facebook’s refusal to remove images that tried to make a joke of rape. Two in particular were widely circulated. One showed a woman bound and gagged on a sofa and a caption that read: “It’s not rape. If she really didn’t want to, she’d have said something.” The second showed a condom, beneath the words “Plan A”; an emergency contraceptive pill, “Plan B“; and then “Plan C”, a man pushing a woman with a bloodied face down the stairs.

The site’s community standards state: “Facebook does not permit hate speech, but distinguishes between serious and humorous speech.” What is not clear, in spite of several high-profile campaigns and a Change.org petition that garnered more than 200,000 signatures, is how it makes that distinction. Over the past few years, women say they have been banned from the site and seen their pages removed for posting images of cupcakes iced like labia, pictures of breastfeeding mothers and photographs of women post-mastectomy.

Yet images currently appearing on the site include a joke about raping a disabled child, a joke about sex with an underage girl and image after image after image of women beaten, bloodied and black-eyed in graphic domestic violence “jokes”. There are countless groups with names such as “Sum sluts need their throats slit” and “Its Not ‘rape’ If They’re Dead And If They’re Alive Its Surprise Sex”. One of the worst images I came across in a brief search shows a woman’s flesh, with the words “Daddy f*cked me and I loved it” carved into it in freshly bleeding wounds.

A Facebook spokesperson insisted: “There is no place on Facebook for hate speech or content that is threatening or incites violence.”

Jules Hillier, executive director of policy and communications at Brook, the young people’s sexual health charity, says: “Social media can be brilliant, giving young women and young men a space for debate and discussion and giving organisations such as ours a route to provide information and advice. But it’s a double-edged sword. I only wish that facts and support circulated half as fast as myths, misinformation, bullying and abuse, all of which social media also opens up opportunities for.”

When I contacted Facebook to get a comment on the two images circulating on Twitter, the entire page (charmingly named “Butthurt? well. GET the FUCK OUT”) had been removed by the time they rang back. A spokesperson said it was not because the images contravened its terms, but because the administrator had failed to publicly associate his or her profile with the page. I can find no mention of this requirement in Facebook’s community standards, and it hardly mitigates the publication of such material anyway.

When I asked if the banned cupcake images could have been removed in error by an automated image scanner, the spokesperson said it was very unlikely. So it was a human decision to ban the image of a cupcake. Just as it is a human decision to allow pages such as “Teen SLUT pics” to continue to publish images of very young-looking girls, with no evidence they gave consent for their photographs to be used.

“We take reports of questionable and offensive content very seriously,” said the Facebook spokesperson. “However, we also want Facebook to be a place where people can openly discuss issues and express their views, while respecting the rights and feelings of others. Groups or pages that express an opinion on a state, institution, or set of beliefs – even if that opinion is outrageous or offensive to some – do not by themselves violate our policies.”

There is a common argument that these pages are “harmless”, and those who do not like them should simply not look at them. But anyone whose friend “likes” one of these images can find it popping up without warning in their newsfeed timeline. Each image normalises gender-based violence, sending the message to both victims and perpetrators that ours is a culture that doesn’t take it seriously.

Feminist writer and activist Soraya Chemaly says: “It’s not about censorship in the end. It’s about choosing to define what is acceptable. Facebook clearly accepts representations of some forms of violence, namely violence against women, as qualitatively different from others.”

The Facebook spokesperson said: “It’s not Facebook’s job to define what is acceptable. We work hard to keep our users from direct harm, but in the end, censorship is not the solution to bad online behaviour or offensive beliefs. Having the freedom to debate serious issues like this is how we fight prejudice.”

For those who believe there is no relation between the treatment and perception of women in the real world and the cultural norms promoted by the most used social networking site on the planet, here is a selection of comments. Some are from those “harmless” Facebook pages. Some are from real women’s experiences, reported to the Everyday Sexism Project. And some are examples of the abuse that I have received, as a woman daring to write about women online.

“You have a choice to have sex, I have the choice to rape you.”

“If you don’t stop giving me shit I’ll pay four of my friends to gang rape you.”

“Go ahead, call the cops – they can’t un-rape you.”

“The only reason you have been put on this planet is so we can fuck you. Please die.”

Can you tell the difference?

• Laura Bates is the founder of the Everyday Sexism Project

One Billion Rising: An End to Violence Against Women (newsfeed.time.com)
On “Jokes” and Domestic Violence (rebekkaksteg.com)
To be the victim of rape shouldn’t have to be a life sentence (telegraph.co.uk)

Rape Culture, Capitalism and India #AFSPA #Vaw

By Saswat Pattanayak, Kindle Magazine

2012-12-21

Looks like, rape still continues to shock virtuous people in India. Or was it just this latest one? The one that took place in Delhi? Was it because the “izzat” of India’s capital city has now become the new concern? The honorable India has to be reclaimed in all “her” full glory where the goddesses are worshipped and women assaulted?

Or is it that the unprecedented outrage in Indian society today owes to the fact that this rape was of the “more brutal” variety? Since most of us don’t do that kind of “iron rod” rapes. We are the gentler varieties?

The very fact that instead of debating about the status of women in Indian class society, we are expressing disgust at an incident of rape says the extent to which we have surrendered ourselves to corporate media agenda-settings. The rape was gruesome and a woman was tortured and probably shall not survive. But the nonplussed manner in which the Indian society at large is responding to this incident underscores the collective denial about the degraded status of women in India, if not a clear refusal on part of the suddenly agitated, to confront the social realities.

The truth is sexual violence against women is inherently a dominant feature of feudalism/capitalism, where women necessarily are objects to be owned, conquered, glorified or abused, and such treatments are by extension, because they are not meant to be equal stakeholders in the society. Whereas the indignation is rightful and the protests against rapists are steps in the right direction, the larger demands for death penalties/castration/hanging etc are only that much more a vicious reaffirmation of the existing law and order framework.

What is too often forgotten in such times of “awakenings” is that the law and order system within a capitalistic setup typically works to benefit the men over the women, since patriarchy and capitalism are inextricably paired together. Within a framework of exploited labor, women must be especially commodified as they remain the very foundational private property. And if the women belong to further oppressed groups, such as the Dalits in India or Blacks in the United States, they are counted as nothing more than mere flesh, mere statistics. Religions and dominant cultural heritages sanction rape against these “lowly creatures”. And so commonplace becomes the organized violence against them that reports of their abandonment rarely ever generates collective outrage, let alone justice.

Scripturally, all major religions in the world have treated women as second-class citizens, if not downright slaves. Women have defined roles to play, approved cultural norms to adhere to. They are systemically deprived of reproductive rights, or even of rights to enjoy their status as sexual beings. Within a political-economic setup where women are treated as objects to be controlled, they have no say in matters of marital rapes either. In fact, marital rapes – where the largest concentration of rapes are to be found – remain sanctioned by religious codes. Divorce procedures are made complex while domestic violence goes underreported.

Even when divorce processes are facilitated with ease, women continue to remain dependent on men, because of disparity in economic equality, barring isolated cases where they earn more than the men in their lives. Domestic lives and tensions are confined within families owing to fears of undesirable social repercussions, and consequent stigmatizations. In a heteronormative order, an unmarried woman, or a woman without a husband, or an unwed mother must come to terms with legitimized violence. And the expectations from men to protect the women under similar circumstances – which has become a celluloid epic in cultural extractions – goes on to cement this unequal relationship even further. Women necessarily need men because the law and order systems within capitalism are juridicaliy geared to serve male interests. Until the male “savior” surfaces, the woman must continue to suffer.

All the outrage about the Delhi incident are entirely uncalled for simply because treating rape as shocking devalues the reality. It is insulting towards women whose rape cases have been dismissed at the courts if they at all were allowed to reach there. It is absolving religions of their scriptural allowance for rape to take place to begin with. It is also undermining the roles mothers play in raising their children with religious codes of uncritical submissions. It undermines the roles – especially, educated and relatively empowered women play in tolerating their abusive husbands, their violent sons and privileged brothers.

Once domestic violence is normalized, even while remaining the largest contributor to rape culture in capitalistic setups, women get equally oppressed by their secondary masters – the national patriots, and their holy cows, the military officers. Atrocities of American military are well known. What is lesser known is the way Indian military emulates it. “Encounter” killing and rape are integral to the culture of militarism in India and aided recently by the draconian law, “Armed Forces Special Powers Act” (AFSPA). Taking recourse of this and patriotic license providing for such systemic flexibilities, military assaults and tortures of Indian women and children continue all over India, not just in North-Eastern regions or Kashmir. The latest trend is brutalizing the indigenous peoples in the name of combating Maoism in the “tribal belts”.

Demanding castrations and death penalties are the easiest ways to appear moralistic while letting the system sustain its sexist character. If righteous people are really serious about hanging the rapists, they will be surprised by the sudden decrease in the military forces of any country, once such a law is duly implemented. Which is not a bad thing at all, but it will still be striking at the consequences, rather than the roots. And eventually, such death penalty rhetoric (which would enable the rapist to not just rape, but also to kill the victim in an effort to not leave behind any evidence of crime), are dangerous distractions from the core issue – the crisis of capitalism.

Focusing on gender wars and demonizing all men as beasts and all men as potential rapists is highly regressive and counterproductive. Asking that men give up their privileges is akin to asking capitalists to give up their wealth. This is utopian at its best, and reactionary, at its worst. Blaming the victim is as bad a strategy as disempowering them. By depending on the men to change their paths is to evince faith in patriarchy, just as expecting the police to end rape culture is to assert faith in capitalistic judiciary. The reality is most rapes do not take place outside of the inner circles of the victims. The very devaluation of women – the necessary condition for capitalism to flourish – is the primary enabler of rape culture. Not only are men assured of the “availability” of women for their gratifications – be they in full-blown capitalism of commodified women, or in feudal setups ensuring arranged marriages, they also end up becoming sexual toys for the men – and conversely, their inaccessibility resulting in forcible submissions – go beyond mere morality.

Boycotting a few corporate brands and killing a few greedy men do not alter the conditions of capitalism, just as hanging a few rapists and calling men beasts do not alter patriarchy. However, challenging patriarchy or racism in all their forms is a very effective method to wage war against capitalistic status quo, precisely because sexism and racism are inherent to capitalism. But what is paramount is the critical consciousness-raising that takes into account the need for women to remain accountable as much as the men, so that the war against capitalism to put an end to patriarchy have equal stakeholders. Empowering revolutions, not sheer anarchy and disorganized/misdirected/media-driven anger can firmly end the violence against women and children – a goal that is not just desirable or ethical, but an absolute necessity for realization of a socialistic world.

When it comes to gender violence, there is nothing as a “current crisis”. Getting surprised at the Delhi Police insensitivities is also foolish, since it is then assumed that by taking on a certain position – be it that of the cop, or the officer, the gentleman or the father – the person suddenly will renounce his privilege. Clearly, it is not the responsibility of the police force to make sure that rapes do not happen. Certainly not within the same society whose basis of economic reality is itself suspect. And contrary to the prevailing outcries, rape culture is not exclusive to India. Indeed, the United States, the citadel of capitalism is deeply entrenched by rape culture. Quite naturally so, because rape culture is not merely a byproduct of cultural factors; it is primarily the culmination of exploitative economic conditions. Incidents of rape in India have witnessed an eight-fold increase over the last four decades, according to the National Crime Records Bureau. Widening economic divides among people, and especially among men and women coupled with powerlessness among the most oppressed have ensured that whereas murders have increased by 106%, incidents of rape in India have increased by 792%.

However, if some immediate measures must be taken/preached within the Indian context, they must include women’s participation more than ever. It is perhaps politically correct to say that men should be asked not to rape, but such a placard overlooks the fact that men are conditioned to be disrespectful towards women within a family culture; such attitudes do not suddenly manifest within a rape culture later on. The family units in individualistic societies are spearheaded by male patriarchs and hoodwinking divine blessings, who, in turn, are legitimized by the political-economy that forces women to remain enslaved to the system.

The necessary reforms therefore must begin with women putting a stop to their worshipping of gods – be they the husbands or be they the religious figures – both of whom benefit immensely from capital accumulations. Women must take responsibilities for their own inactions and of their reactionary stances. If children they must raise, they must not indoctrinate them with religions that eventually recycle the same societal values of patriarchy for the next generations of men. They must not demand uncritical obedience from their children towards the regressive elderly. They must not expect competitive selfish gains from the children in their quest to pride themselves as parents of success stories. While demands for harsher punishments for the rapists may be just and proper, they must not become the goals in themselves. In fact, confusing stricter laws as revolutionary victories alone allows for the oppressive ruling classes to grant concessionary justice to uphold and legitimize their status-quo, until the next incident captures media attention.

The onus lies with the working class men and women to understand revolutionary theories and practices so that they can collectively challenge and overthrow existing capitalistic status-quo that inherently sustains sexist, racist laws and benefits from patriarchal conditionings. What’s important is not to ask men for mercy or police for protection, but to form alliance with every revolutionary formations to overthrow the last vestiges of feudalism – the patterns of caste violence, the licenses to rape women in the name of religious sanctions, the sacrosanct marriages – and to organize a communistic future that will no longer depend on legal interventions from the capitalistic judiciary.

8 Comments

by kracktivist on December 27, 2012 • Permalink

Posted in Advocacy, Announcements, Health Care, Human Rights, Justice, Kractivism, Law, Minority Rights, Violence against Women, Women Rights

Tagged Armed Forces (Special Powers) Act 1958, Delhi, discrimination, Domestic violence, equality, gender, Government, India, Rape culture, United States, Violence against women, Women in India, Women Rights

Posted by kracktivist on December 27, 2012

http://kractivist.wordpress.com/2012/12/27/rape-culture-capitalism-and-india/

Invite- A midnight march in #Hyderabad @Jan 5, 2013 #Vaw

Dear All,

Some of us in Hyderabad have been planning to organize a mid night march for a while now where women can claim their right on the night space. With the recent energy everywhere, we think we should go ahead this idea sooner than later.

We also have a facebook page. Please like and share it with your friends-
https://www.facebook.com/MidnightMarchHyderabad?notif_t=fbpage_fan_invite

The march will not focus on the delhi incident alone but about all kinds of sexual violence against women. We are trying to mobilize organized and unorganized working class, women, students and IT employees, transgender community etc. Please spread the around and give us any contacts you have to help mobilize women from different walks of life in Hyderabad.

Date: 5th Jan 2013
Time : From 10:00 PM to 1:00 AM
Route : From Tankbund to Liberty to Punjagutta.

For regular updates check facebook page

Below is a small write up about the why we want to do this march

Night Monologue

This is night’s (8pm-5am) letter to the people of Hyderabad.

Dear women and men,

I am dark and beautiful and have the moon, the stars and the cool air. I have the lights and I am subtle. Yet, in spite of all these virtues, I am jealous of the day. The day, she has millions walking around without fear, or with lesser fear. Men, women and children, all moving around, in the stark whiteness of the sun. Well, most cultures hate me, I am discriminated against, I am evil and I am where all the wrong happens and the women have particularly been made to hate me and fear me. If they don’t adhere to hating me, they are punished and incarcerated for liking me.

I see a change in the metros of India – men and women are beginning to walk and travel around at night too. However, women are still punished and they still fear me. Look at the steel and concrete skeletons gathering their flesh, women working all around making their walls, twenty-four-seven to fill their and their children’s stomachs (sometimes their men’s alcohol needs) and in this pursuit, they face abuse day in and day out. And the woe of the women who leave their homes to feed hungry mouths in their village, the bus stands and buses become arenas for men to exhibit their male brutality. Oh yes! The young free generation that wants to enjoy me need their men and their cars around to keep them safe. The day witnesses them too but not the way I do – I am torn and wretched, witnessing the violence that women face. But I am hopeful for a better future, where I am less hated and feared.

Women, come out and meet me, I can be safe if you claim me. Men, join the women in making me a safe space. There is more beauty and comfort when both men and women can walk without fear in my streets.

Come join me in large numbers and set me free!

Warm regards,

Night.

FREE THE NIGHT: it belongs to both men and women

· Why is it dangerous for women to walk at night?

· Why does a woman need to be protected by a man, (can men really protect women?)

· Why can’t men and women co-exist in the night streets as well? (not that we have a harmonious existence during the day either)

· Why can’t men be trusted to not abuse women?

· Why can’t we make the space safe instead of keeping women indoors?

The conservative and conventional answer:

o It’s our culture and it won’t change overnight.

o Why do you want to risk your safety?

o Think of your parents /husband/children.

o Men are like that, i.e. they are primitive and cannot control themselves.

o It is not possible to police the streets everywhere, all the time.

o Women are inviting trouble by going out at night.

o Only loose women walk at night.

A lot of these reasons might seem valid, however, as young women in Hyderabad, we would like to see these questions addressed and the night space more women friendly.

Like most women in India, we have faced sexual harassment of varying degrees and circumstances have led us to realize that the night space in particular is one where women are most vulnerable, be it working, using the libraries, hanging out with friends, travelling, emergency situations, taking a walk etc. This violence is experienced by women of every class, caste, age group, religion and ethnicity in our country and the world.

Ø The question should no longer be about just keeping ourselves safe but of making the night safe for everyone, men, women, transgender and children.

Ø Giving culture as an answer cannot justify inequality of accessing any type of space.

Ø Saying that men are primitive should not take away a responsibility from perpetrators of sexual abuse in any space, including(!!) the night space.

Ø Husbands, fathers, sons – tell each other that’s it’s not a matter of a girl/woman being raped, it’s a matter of a guy raping a girl. Start seeing that that being safe or unsafe is not in the inherent nature of the night, it’s in the nature in which we behave at night.

Ø And many more…..

Perhaps we can start with small steps of reclaiming this space that men have ruled and while doing so, some of them abused women who tried to enter it.

We want a midnight walk in the city to send a message to the women that the night is also ours and to the men they need to respect women as fellow humans in the night too.

We envision it to be a cultural event as much as a political event. We would like your ideas and support in making this thought a reality.

Tejaswini and Natha

#India- women coming out on ‘ sexual Abuse ” #Vaw #Torture (kractivist.wordpress.com)
So what about ‘RAPIST’ HIP HOP? #honeysingh #vaw (kractivist.wordpress.com)
Freedom without fear is what we need to protect, to guard and respect’ #delhigangrape #stopthisshame (kractivist.wordpress.com)

4 Comments

by kracktivist on December 26, 2012 • Permalink

Posted in Advocacy, Announcements, Health Care, Human Rights, Justice, Kractivism, Law, Press Release, Violence against Women, Women Rights

Tagged Delhi, Domestic violence, India, People, Punjagutta, Sexual abuse, Violence against women, Women

Posted by kracktivist on December 26, 2012

http://kractivist.wordpress.com/2012/12/26/invite-a-midnight-march-in-hyderabad-jan-5-2013-vaw/

#MaritalRape and the Indian legal scenario #mustshare #Vaw

Priyanka Rath seeks to bring out the laws regarding rape in India while concentrating on the position of marital rape and its recognition as an offence by the system and the attitude of the society and the judiciary towards marital rape.

Marital Raperefers to unwanted intercourse by a man with his wife obtained by force, threat of force, or physical violence, or when she is unable to give consent. Marital rape could be by the use of force only, a battering rape or a sadistic/obsessive rape. It is a non-consensual act of violent perversion by a husband against the wife where she is physically and sexually abused.

Approximations have quoted that every 6 hours; a young married woman is burnt or beaten to death, or driven to suicide from emotional abuse by her husband. The UN Population Fund states that more than 2/3rds of married women in India, aged between 15 to 49 have been beaten, raped or forced to provide sex. In 2005, 6787 cases were recorded of women murdered by their husbands or their husbands’ families. 56% of Indian women believed occasional wife-beating to be justified.

Historically, “Raptus”, the generic term of rape was to imply violent theft, applied to both property and person. It was synonymous with abduction and a woman’s abduction or sexual molestation, was merely the theft of a woman against the consent of her guardian or those with legal power over her. The harm, ironically, was treated as a wrong against her father or husband, women being wholly owned subsidiaries.

The marital rape exemption can be traced to statements by Sir Mathew Hale, Chief Justice in England, during the 1600s. He wrote, “The husband cannot be guilty of a rape committed by himself upon his lawful wife, for by their mutual matrimonial consent and contract, the wife hath given herself in kind unto the husband, whom she cannot retract.”

Not surprisingly, thus, married women were never the subject of rape laws. Laws bestowed an absolute immunity on the husband in respect of his wife, solely on the basis of the marital relation. The revolution started with women activists in America raising their voices in the 1970s for elimination of marital rape exemption clause and extension of guarantee of equal protection to women.

In the present day, studies indicate that between 10 and 14% of married women are raped by their husbands: the incidents of marital rape soars to 1/3rd to ½ among clinical samples of battered women. Sexual assault by one’s spouse accounts for approximately 25% of rapes committed. Women who became prime targets for marital rape are those who attempt to flee. Criminal charges of sexual assault may be triggered by other acts, which may include genital contact with the mouth or anus or the insertion of objects into the vagina or the anus, all without the consent of the victim. It is a conscious process of intimidation and assertion of the superiority of men over women.

Advancing well into the timeline, marital rape is not an offence in India. Despite amendments, law commissions and new legislations, one of the most humiliating and debilitating acts is not an offence in India. A look at the options a woman has to protect herself in a marriage, tells us that the legislations have been either non-existent or obscure and everything has just depended on the interpretation by Courts.

Section 375, the provision of rape in the Indian Penal Code (IPC), has echoing very archaic sentiments, mentioned as its exception clause- “Sexual intercourse by man with his own wife, the wife not being under 15 years of age, is not rape.” Section 376 of IPC provides punishment for rape. According to the section, the rapist should be punished with imprisonment of either description for a term which shall not be less than 7 years but which may extend to life or for a term extending up to 10 years and shall also be liable to fine unless the woman raped is his own wife, and is not under 12 years of age, in which case, he shall be punished with imprisonment of either description for a term which may extend to 2 years with fine or with both.

This section in dealing with sexual assault, in a very narrow purview lays down that, an offence of rape within marital bonds stands only if the wife be less than 12 years of age, if she be between 12 to 16 years, an offence is committed, however, less serious, attracting milder punishment. Once, the age crosses 16, there is no legal protection accorded to the wife, in direct contravention of human rights regulations.

How can the same law provide for the legal age of consent for marriage to be 18 while protecting form sexual abuse, only those up to the age of 16? Beyond the age of 16, there is no remedy the woman has.

The wife’s role has traditionally been understood as submissive, docile and that of a homemaker. Sex has been treated as obligatory in a marriage and also taboo. Atleast the discussion openly of it, hence, the awareness remains dismal. Economic independence, a dream for many Indian women still is an undeniably important factor for being heard and respected. With the women being fed the bitter medicine of being “good wives”, to quietly serve and not wash dirty linen in public, even counseling remains inaccessible.

Legislators use results of research studies as an excuse against making marital rape an offence, which indicates that many survivors of marital rape, report flash back, sexual dysfunction, emotional pain, even years out of the violence and worse, they sometimes continue living with the abuser. For these reasons, even the latest report of the Law Commission has preferred to adhere to its earlier opinion of non-recognition of “rape within the bonds of marriage” as such a provision may amount top excessive interference wit the marital relationship.

A marriage is a bond of trust and that of affection. A husband exercising sexual superiority, by getting it on demand and through any means possible, is not part of the institution. Surprisingly, this is not, as yet, in any law book in India.

The very definition of rape (section 375 of IPC) demands change. The narrow definition has been criticized by Indian and international women’s and children organizations, who insist that including oral sex, sodomy and penetration by foreign objects within the meaning of rape would not have been inconsistent with nay constitutional provisions, natural justice or equity. Even international law now says that rape may be accepted a s the “sexual penetration, not just penal penetration, but also threatening, forceful, coercive use of force against the victim, or the penetration by any object, however slight.” Article 2 of the Declaration of the Elimination of Violence against Women includes marital rape explicitly in the definition of violence against women. Emphasis on these provisions is not meant to tantalize, but to give the victim and not the criminal, the benefit of doubt.

Marital rape is illegal in 18 American States, 3 Australian States, New Zealand, Canada, Israel, France, Sweden, Denmark, Norway, Soviet Union, Poland and Czechoslovakia. Rape in any form is an act of utter humiliation, degradation and violation rather than an outdated concept of penile/vaginal penetration. Restricting an understanding of rape reaffirms the view that rapists treat rape as sex and not violence and hence, condone such behaviour.

The importance of consent for every individual decision cannot be over emphasized. A woman can protect her right to life and liberty, but not her body, within her marriage, which is just ironical. Women so far have had recourse only to section 498-A of the IPC, dealing with cruelty, to protect themselves against “perverse sexual conduct by the husband”. But, where is the standard of measure or interpretation for the courts, of ‘perversion’ or ‘unnatural’, the definitions within intimate spousal relations? Is excessive demand for sex perverse? Isn’t consent a sine qua non? Is marriage a license to rape? There is no answer, because the judiciary and the legislature have been silent.

The 172nd Law Commission report had made the following recommendations for substantial change in the law with regard to rape.

‘Rape’ should be replaced by the term ‘sexual assault’.
‘Sexual intercourse as contained in section 375 of IPC should include all forms of penetration such as penile/vaginal, penile/oral, finger/vaginal, finger/anal and object/vaginal.
In the light of Sakshi v. Union of India and Others [2004 (5) SCC 518], ‘sexual assault on any part of the body should be construed as rape.
Rape laws should be made gender neutral as custodial rape of young boys has been neglected by law.
A new offence, namely section 376E with the title ‘unlawful sexual conduct’ should be created.
Section 509 of the IPC was also sought to be amended, providing higher punishment where the offence set out in the said section is committed with sexual intent.
Marital rape: explanation (2) of section 375 of IPC should be deleted. Forced sexual intercourse by a husband with his wife should be treated equally as an offence just as any physical violence by a husband against the wife is treated as an offence. On the same reasoning, section 376 A was to be deleted.
Under the Indian Evidence Act (IEA), when alleged that a victim consented to the sexual act and it is denied, the court shall presume it to be so.

The much awaited Domestic Violence Act, 2005 (DVA) has also been a disappointment. It has provided civil remedies to what the provision of cruelty already gave criminal remedies, while keeping the status of the matter of marital rape in continuing disregard. Section 3 of the Domestic Violence Act, amongst other things in the definition of domestic violence, has included any act causing harm, injury, anything endangering health, life, etc., … mental, physical, or sexual.

It condones sexual abuse in a domestic relationship of marriage or a live-in, only if it is life threatening or grievously hurtful. It is not about the freedom of decision of a woman’s wants. It is about the fundamental design of the marital institution that despite being married, she retains and individual status, where she doesn’t need to concede to every physical overture even though it is only be her husband. Honour and dignity remains with an individual, irrespective of marital status.

Section 122 of the Indian Evidence Act prevents communication during marriage from being disclosed in court except when one married partner is being persecuted for n offence against the other. Since, marital rape is not an offence, the evidence is inadmissible, although relevant, unless it is a prosecution for battery, or some related physical or mental abuse under the provision of cruelty. Setting out to prove the offence of marital rape in court, combining the provisions of the DVA and IPC will be a nearly impossible task.

The trouble is, it has been accepted that a marital relationship is practically sacrosanct. Rather than, making the wife worship the husband’s every whim, especially sexual, it is supposed to thrive n mutual respect and trust. It is much more traumatic being a victim of rape by someone known, a family member, and worse to have to cohabit with him. How can the law ignore such a huge violation of a fundamental right of freedom of any married woman, the right to her body, to protect her from any abuse?

As a final piece of argument to show the pressing need for protection of woman, here are some effects a rape victim may have to live with,-

Physical injuries to vaginal and anal areas, lacerations, bruising.
Anxiety, shock, depression and suicidal thoughts.
Gynecological effects including miscarriage, stillbirths, bladder infections, STDs and infertility.
Long drawn symptoms like insomnia, eating disorders, sexual dysfunction, and negative self image.

Marriage does not thrive on sex and the fear of frivolous litigation should not stop protection from being offered to those caught in abusive traps, where they are denigrated to the status of chattel. Apart form judicial awakening; we primarily require generation of awareness. Men are the perpetrators of this crime. ‘Educating boys and men to view women as valuable partners in life, in the development of society and the attainment of peace are just as important as taking legal steps protect women’s human rights’, says the UN. Men have the social, economic, moral, political, religious and social responsibility to combat all forms of gender discrimination.

In a country rife with misconceptions of rape, deeply ingrained cultural and religious stereotypes, and changing social values, globalization has to fast alter the letter of law.

source-http://www.indialawjournal.com/

#India-’Forcible sex with wife is not a marital rape’ #WTFnews (kractivist.wordpress.com)
Marital rape outlawed in the Solomons (stuff.co.nz)

6 Comments

by kracktivist on December 6, 2012 • Permalink

Posted in Advocacy, Human Rights, Justice, Kractivism, Law, Violence against Women, Women Rights

Tagged discrimination, Domestic violence, equality, gender, India, Indian Penal Code, IPC, marital rape, Rape, Sexual Assault, Sexual intercourse, Spousal rape, torture, Women Rights

Posted by kracktivist on December 6, 2012

http://kractivist.wordpress.com/2012/12/06/maritalrape-and-the-indian-legal-scenario-mustshare-vaw/

#India-Criminal recognition to #maritalrape in India is long overdue #Vaw

Madhavi Rajadhyaksha, TNN Dec 4, 2012, 10.26PM IST

MUMBAI: A case in a Delhi court this week has put the spotlight on a crucial lacuna in the criminal justice system in India. Marital rape is not recognised under the Indian Penal Code.

The missing link was highlighted yet again in a case where a Delhi court acquitted a man of charges of raping his wife on the premise that having sexual relations with a spouse, even if forcibly, did not amount to ‘marital rape‘. India has taken some significant steps in fighting marital violence in recent years, but criminal recognition for forced sex in marriages is still long over due. The first positive step was taken when the Domestic Violence Act, 2005 was passed wherein a woman could file a civil case for separation from her spouse.

Section 376 (A) deals with marital rape only when it is with regard to judicially separated partners. It takes humungous effort for a victim of rape to lodge a complaint, especially within a marriage and the offence is believed to be widely under-reported in any case. Such cases suffer due to the lack of awareness in many quarters that forced sex under any circumstances is a violation. The patriarchal culture of Indian society often works to further detriment to invalidate such claims. For those who muster the courage, it would help if the system was a little more sensitised and the offence didn’t fall in a legal vacuum. Currently, victims can lodge a complaint of marital discord or domestic violence.

Over 104 countries have laws to protect victims against marital rape according to the United Nations and it is perhaps time India at least recognise the offence as a crime in its penal code. It remains to be seen whether the amendment to the criminal procedure code which is currently underway offers any true respite in this matter. Criminalisation is after all only the first step to justice. We still have a long way to go to address further issues of counselling, rehabilitation and shelter to such victims. Unwanted pregnancies arising out of such rapes too need addressing.

#India-’Forcible sex with wife is not a marital rape’ #WTFnews (kractivist.wordpress.com)
Forcible sex with wife doesn’t amount to marital rape: Court (indianhomemaker.wordpress.com)
#India- Kerala Shame- Father, Brother and Uncle rape Minor, arrested #Vaw #Torture (kractivist.wordpress.com)
For Victims and Survivors of Marital Rapes. (indianhomemaker.wordpress.com)

8 Comments

by kracktivist on December 6, 2012 • Permalink

Posted in Advocacy, Announcements, Human Rights, Justice, Kractivism, Law, Violence against Women, Women Rights

Tagged Delhi, discrimination, Domestic violence, Human Rights, India, Indian Penal Code, Indian Standard Time, marital rape, Rape, Sexual Assault, United Nations

Posted by kracktivist on December 6, 2012

http://kractivist.wordpress.com/2012/12/06/india-criminal-recognition-to-maritalrape-in-india-is-long-overdue-vaw/

Immediate Release- People of Gujarat Demand Answers #mustshare #elections

PRESS RELEASE
DATE: 5 December 2012
PEOPLE’S DEMANDS – SOME MAJOR ISSUES.
• THIS DECEMBER GUJARAT NOT ONLY DECIDES BUT SEEKS ANSWERS TOO
• WHY POLL PROMISES REMAIN UNFULFILLED YEAR AFTER YEAR?

• WHY DO POLITICAL PARTIES AND CANDIDATES KEEP ON SPENDING MORE EACH POLL?
• GUJARAT SEEKS ANSWERS NOT RHETORIC FROM CANDIDATES AND POLITICAL PARTIES

As soon as election dates are announced, political leaders overwhelm voters with promises and sloganeering. Political parties and their candidates will once again be in the Gujarat assembly even though they have little to do with ideology, thanks to the votes of common people and the unaccounted money of the rich and powerful.
Time has now come to raise question about issues that concern the day-to-day life of citizens to those candidates who are indulging in expensive campaigning on various medium with little concrete to offer.

These, elections we no longer should remain passive, we question, we seek answers.
Political parties and candidates owe Gujarat now honest replies.

LET’S ASK THE CANDIDATES THE FOLLOWING

• Make public all that the leaders, MLAs, parties, ruling and others, did to fulfil the promises they made in and outside the assembly. In case they have not been fulfilled, explain the reasons publicly.
• When did you last use the public transport service, especially the government bus?
• Do your kith and kin go to private or government hospital and why?
• Where do your children, kith and kin study, in government or private schools/ colleges, give details?
• What role did you and your political party played during any act of state repression, public violence related to caste or communal strife in last ten years? What did you do for the victims, especially the poor and affected?
• What steps did you/your political party take to ensure peace and the violence does not take place again?
• Will you ensure land allotment to the dalits and landless farm labourers under the provisions of land ceiling act?
• Explain your position on the yet to be formulated ‘land use policy’ in the state.
• Can you guarantee that the development policy will not be based on privatization, liberalization and globalised capital markets, and make the policy details public?
• What do the candidates have to say about the ‘right to recall’ provision if they were not to fulfil their electoral promises?

PARTIES AND CANDIDATES SHOULD MAKE THEMSELVES CLEAR ON THESE POLICY ISSUES.

It is a shame that even after 65 years of Independence we need to reaffirm the political commitment on these issues, nevertheless,

(1) What changes/revisions will you ensure in state government policies and laws to ensure employment for all and living wages for sustenance livelihood?
(2) What market intervention measures will you adopt to ensure the easy and affordable availability for all in basic goods like grains, milk, cooking oil, cooking fuel etc?
(3) How will you ensure the supply of potable drinking water and water for domestic usage for all?
(4) What will you do to make public the water balance sheet which will detail the availability of water in the state and its usage?
(5) What will you do to ensure that Narmada waters will reach the small and marginal farmers of Saurashtra and Kutch as originally planned, without commodifying it?
(6) What changes will you ensure in budget to prevent privatisation and commercialisation of education and health?
(7) What will you do to ensure availability of free and good quality of education and health?
(8) What changes will you ensure in budget to ensure housing facilities for all?
(9) What rules will be framed to ensure control on increasing number of private vehicles, the ensuing vehicular pollution and to ensure an effective public transport system?
(10) What measures will be adopted to ensure security for all sections of societies and not just political leaders?
(11) What steps will be taken to ensure timely action against offenders be it of any political party, actor, officer, minster, chief minister, judge or a rich person?
(12) What steps will be taken to curb the all pervasive corruption?
(13) What will you do to ensure the rights of the displaced for Narmada and other irrigation projects, who continue to suffer, while those who set up industries and staying in the cities have started benefitting, instead of the farmers?
(14) Most petitions of the Tribals and forest dwellers under the forest rights act have been rejected so far. What will you do to ensure that the tribals get what is their due?
(15) What information do you have about the industrial pollution and the occupational diseases afflicting the workers and their families? What steps do you recommend to curb the industrial pollution and occupational diseases?
(16) While number of industries are on increase in Gujarat accompanied by domestic and international investment it has not resulted into corresponding increase in employment opportunities, especially secure atmosphere of employment. With increase in educated unemployed youths what measures do you recommend to ensure them jobs commensurate with their skills and educational standards?
(17) What steps will you take to ensure living wages, safety net like social security, health, maternity benefits to the unorganized sector labour, as 97.59% of the women workforce and 91.59% of the male workforce are working in unorganized sector in Gujarat? In addition, what measures will be taken to ensure functional environment for the roadside vendors and larriwallahs.
(18) 44.6% of the children in Gujarat are suffering from malnutrition, 41% of the children weigh less and 55% of the women suffer from anaemia. What will you to do ensure universalisation of the public distribution system? How will you ensure transparent and accountable system that delivers affordable access to good quality of food items to all?
(19) What steps will you take to ensure proper prices for the farmers and at the same time encourage adequate production of food crops in the state?
(20) What steps will you take to encourage organic farming even as use of chemical fertilizers, insecticides and pesticides is on rise in farming?
(21) What steps will be taken to ensure easy access to all public places, like roads, transport system, schools, colleges, hospitals for the physically challenged?
(22) How will you initiate concrete measures that will ensure the accessibility and availability of the above mentioned for the youth, women and the poorest of the poor, the Dalits, Tribals, slum dwellers, child labourers, unorganized sector labourer, the minorities, the physically challenged.

ASK THE CANDIDATES TO MAKE THEIR STAND CLEAR ON CONCRETE MEASURES THEY WILL ADVOCATE/TAKE FOR THE WOMEN IN THE STATE

• Policies, amendments, intervention programmes to be undertaken to stem the increasing violence against women and also the skewed sex ratio in state.
• How to ensure effective implementation of the Domestic Violence Act, 2005?
• Measures to ensure equitable share in property and land for women.
• Since ensuring a healthy environment for raising a child is not only the responsibility of a mother but the entire society, what facilities will be provided to working mother at all levels, be it in form of crèches and aanganwadis at place of work, market places etc?
• Measures to stem sexual violence and discrimination against women at work and public places.

[A letter with 38 demands for ‘Women’s Rights to live in a Society, which is Free from Violence’ was sent to all the political parties on 26-11-2012 by Sahiyar (Stree Sangathan).]

ENSURING PUBLIC ACCOUNTABILITY OF ALL THE CANDIDATES

While there is a beeline to get the tickets from political parties, it bears a question why it is perceived to be such a lucrative proposition now. Ideally, people’s representatives are there to serve the citizens in democratic set up, take up their issues and concerns. But that is hardly the case and most tend to behave as ‘Feudal Lords’. There exists no mechanism to make the people’s representatives publicly accountable or to be able to keep a check on their functioning.

Every workplace is governed by a set of regulations, similar ones should exist for people’s representatives as well.

It calls for questioning the facilities provided to elected public representatives, especially as they are funded by the tax payers’ contribution. In the present system everyone, even the poorest of poor is contributing to these expenses in direct/indirect ways, in the taxes they pay on basic items like even salt.

The time has come to frame rules governing not only the working of these public representatives but also to initiate disciplinary action if they were to violate them.

(1) The salary, facilities and perks provided as per the ‘The Gujarat Legislative Assembly Members Salaries and Allowances Act, 1960 be henceforth discontinued. Instead, double the amount of minimum wages as fixed in the state should be paid to them.
(2) The elected representatives should also be covered under the ‘The Provident Fund Act, 1952 and ‘The Employees State Insurance Act, 1948’ and alike the workers, their contribution should be deducted from their salaries.
(3) The elected representatives will be given a pair of uniform made from ‘Khadi’ or ‘Handloom ‘material which they should wear during while they are on duty.
(4) Alike other workers, they too can avail sick leave, casual leave and related leave facilities.
(5) The elected representatives will be barred from taking any type of gift as a representative and action will be taken for the violation.
(6) A ‘Committee Against Sexual Harassment’ will be appointed specially for the elected representatives as per the Supreme Court Judgment in Vishakha v/s State of Rajasthan. A special committee to look in to the complaints about Domestic Violence by them, against women in their family will be constituted.
(7) To assist the elected representatives with their public works, they can choose five persons from their constituency. And they too will be paid at par with elected representative.
(8) The government will provide for an office to the elected representative in their constituencies, which will be simple, but with adequate facilities. The office will remain open on all working days except on government holidays where the five salaried workers will be accessible to the public.
(9) During the session as well as afterwards, it will be compulsory for the representative to remain present in the office during the fixed hours in office.
(10) Every elected representative will be given a BSNL mobile phone on which the citizens can connect for free. As long as the phone is used for public work and not personal, the bills will be reimbursed accordingly.
(11) Every three months, the representative has to organize a public meeting in which they will make public all the works they have undertaken and also answer all the queries of the citizens of the area. They will also detail the plans for the forthcoming three months and the minutes of the public meeting will be documented. This documentation will be a public record, which will be shared with the people and in a press conference to be held after every such public meeting.
(12) The public representative will use only public transport for official work during the tenure and if they use private transport then they will not be paid any travelling allowance for that trip.
(13) Instead of individual accommodations, elected representatives, MLA or MP will get a dormitory facility in groups of ten.
(14) All the ministers can avail two bedroom flats during their tenure.
(15) Due to such communal living, it will reduce the burden of security cost and make it easier for security arrangements.
(16) During the session, the elected representatives will be provided free of cost simple but nutritious breakfast and meals providing 2400 calories per day in a common dining hall.
(17) They can avail free of cost meals as well accommodation in government guest houses while they travel for fulfilling their duties.
(18) For all those representatives who remain absent from their office in their constituencies, without prior intimation, their salary should not be paid. In case if their absence is prolonged, all the facilities due to them in addition to their salary for that year should be withdrawn.
(19) If the elected representative were to remain absent for a period stipulated more than the rules permit in the House without furnishing proper reasons, then not only the salary but perks and all the facilities for the entire year will be withdrawn.
(20) If they resort to violence and mayhem while taking up issues in assembly /parliament then their salaries should not be paid for that session. In case they persist with mayhem and sloganeering in house, they should be suspended for that session. And if they still persist they should be dismissed.
(21) If an elected representative instead of raising her/his issues as per the rule in the house, resorts to sloganeering or unruly behaviour in the House for more then 3 times she/he will be first suspended. If the unruly behaviour persists, will be thereafter dismissed and will loose the right to contest the subsequent elections.
(22) If the elected representatives are found to be sleeping, engaged in conversation or leaving the House, be it the Rajyasabha, Loksabha or Vidhansabha frequently, then they will be suspended for three days. During the period of suspension, they will have to pay for their meals as well as accommodation facilities. Additionally, they will have to submit a written apology to the House as well to the voters.
(23) They cannot take mobile, laptops and similar communication devices in the House.
(24) During every session the elected representative have to make written submission about the issues of their constituency as well as how they intend to solve them. The note shall be prepared following public hearing and discussion in their area and also should be made public, with a copy available in their constituency office’s notice board.
(25) The Speaker of the house should prepare the agenda for the session after referring to the notes of the representatives and ensure the detailed discussion in the House about all these issues. The duration of the session will be fixed according to the merits of the issues to be discussed.
(26) The present system of grants to MLAs/MPs for carrying out various public works in their area should be scrapped. Instead they should make a written submission of works that need to be financed and accordingly grants should be directly allotted by the government.
(27) Before introducing the motion in Vidhansabha, Loksabha or Rajyasabha for implementation of a scheme, the representative should hold a public hearing where the citizens can submit their opinions, omissions and amendments to the schemes. The motion will be prepared on the basis of the public hearing’s report and the funds will be allotted keeping in view the development needs of the constituency.
(28) During the session at the end of each day, a press conference should be called where media should be briefed as well as given the details in writing about the proceedings of the day. Also, the agenda details for the next day should be also shared with the media.
(29) Arrangements should be made so that citizens can watch the proceedings during the session. Also, subsidized rail and bus service arrangements should be made for those citizens who want to watch the proceedings, along with meals availability at minimal cost.
(30) Elected representatives have to make a written submission of what they accomplished/works undertaken during the interim period between the sessions. This information should be made public just outside their office given to them in their constituency and failure to do so would lead to nonpayment of the salary for that period.
(31) While contesting elections, if the candidates forget to declare the details of their assets and property, which they have to also place outside their office. Failing to do so, government can confiscate their assets, which shall be used for public works.
(32) Details of their income/assets should be furnished publicly each year. Also, they should be audited by an auditor to be appointed by the House.
(33) They have to maintain a daily diary and at the end of the every month, a copy of it should be submitted to a special all party committee formed by the House. All these details should be put on the House’s website as well as the constituency office.
(34) Those who violate rules three times consecutively will be debarred from contesting the immediate elections.
(35) Those seeking re-election should submit the details of the works accomplished in their previous tenure as well. Also, if their assets/income witnesses a phenomenal rise, it should be explained in writing. The Election Commission can reject their candidature if they fail to do so.
(36) A special court should be constituted to deal with cases related to violations committed by representatives, which shall deal with the cases at the earliest, preferably in the period of six months.
(37) They can avail LTC (leave travel concession) facility to undertake a seven day trip to an area other then their constituency to meet and study the condition of the deprived sections as well as common citizen. During this travel period, the state government will make home stay arrangement at the residences of common citizens. They have to submit a report in writing about their visit and the report should be made public.
(38) In addition to local issues, talks and training sessions with experts on the basic issues pertaining to the common people and different sectors will be organised. Participation in these sessions will be compulsory.
(39) Every six months an oral and written examination concerning people’s issues and their solutions will be taken. The results will be made public.

Let us have serious discussion on the above issues during election and even after election.

Sahiyar (Stree Sangathan) Trupti Shah Deepali Ghelani Kamal Thakar

Paryavaran Suraksha Samiti Rohit Prajapati Swati Desai Amrish Brahmbhatt

Jyoti Karmachari Mandal Kantibhai Mistry Sudhir Biniwale

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1 Comment

by kracktivist on December 5, 2012 • Permalink

Posted in Advocacy, Human Rights, Justice, Kractivism, Law, Minority Rights

Tagged Dalit, Domestic violence, Gujarat, Kutch, Narmada, State, Stree Sangathan, Women Rights

Posted by kracktivist on December 5, 2012

http://kractivist.wordpress.com/2012/12/05/immediate-release-people-of-gujarat-demand-answers-mustshare-elections/

Bras and domestic violence- awareness or exploitation ? #advertising #vaw #Wtfnews

Breast Intentions: Of Violence, Advertising and Lingerie

Social Commentary post by Richa Kaul Padte, Submitted by Richa Kaul Padte on November 9, 2012 – 8:06am; tagged advertising, Amanté, domestic violence. at http://bitchmagazine.org/

Amanté bra ad: Suffocation is the Worst Kind of Abuse"

In both a national and global context where the rates of domestic violence against women are consistently soaring (according to the United Nations Population Fund Report, more 55 percent of women living in India face violence within the home), awareness campaigns and messages which seek to address this particular manifestation of gender-based violence are incredibly pertinent. Calling on women to recognise that they are not alone in what they experience, and highlighting the ways in which this violence manifests itself and affects other facets of a woman’s life are key components of such outreach.

“Suffocation is the worst kind of abuse”

“It always starts with the little nicks and cuts”

“Respect the space you really deserve”

“How much longer will you adjust?”

These taglines, part of a far-reaching poster campaign, seem to fit the bill. Or they would, if violence against women were their subject. In fact, they’re being used to sell bras.

Launched in early October 2012, Amanté Lingerie’s “Break Up With The Wrong Bra” campaign appropriates the language of anti-domestic violence initiatives to sell women the ‘right’ bra. Featured widely on billboards across major Indian cities, in daily newspapers, and in women’s magazines, each image features a woman’s face accompanied by one of the above taglines. Below the tagline are messages that, once again, are eerily reminiscent of the domestic-violence statistics that often accompany DV awareness initiatives. One reads, “8 out of 10 women are wearing the wrong bra and don’t even know it. A poorly fitted bra that needs adjusting all day interferes with your overall appearance and self confidence.” In a country where more half of all women face violence within the home—and where the majority stay silent about it, or worse, feel like they deserve it—the decision to exploit the lived realities of violence to sell a foundation garment is one that must be questioned.

Amanté CEO John Chiramel, quoted in an Adrants report on the campaign, assured everyone that “This campaign has been carefully thought through in not trying to objectify women, but [is] more about dealing with the real issues and educating the consumer, so that they have an enjoyable experience wearing fine lingerie.” And the fact that the campaign avoids the usual bra-selling objectification of women’s bodies was noted by Jezebel.com’s Dodai Stewart, who wrote that “the brand chose a really clever way to advertise bras without actually seeing any bras…. Even if you don’t like the ‘worst kind of abuse’ slogan, the company deserves kudos for attempting to think outside the cleavage.”

Amanté bra ad featuring confused-looking Indian woman

Kudos! JK, this is still wildly disturbing.

But does the measure for the objectification of women always lie in the amount of skin being shown? To praise the Amanté ads for what they don’t show seems not only culturally irrelevant, but ignores other manifestations of objectification at play. For instance: The women featured in these ads, like the women featured in practically every aspect of public visual culture today, are undoubtedly beautiful. And Amanté’s slogan (“Love Yourself”) contributes to an existing global vocabulary of advertising that suggests only the beautiful deserve love. Furthermore, using the language of domestic violence here contributes to a construction of not only the beautiful woman, but the beautiful who is beautiful and thereby unabused. Both self-confidence and freedom from violence are linked to fashion and beauty itself, thus negating the class, caste, race, and other realities of gender-based violence.

Chiramel and Stewart may not see it, but to those who have worked on anti-violence campaigns—and, more poignantly, to those who have lived or continue to live with domestic violence in their daily lives—the allusion is glaringly apparent. Mumbai-based sociologist and feminist activist Manjima Bhattacharjya says, ‘Parodies are fine and have their own space as creative expression. But you have to be careful when you parody something like domestic violence, which is already trivialized in the everyday, something activists and survivors have struggled against for decades. To trivialize it further could make it even more difficult to change harmful popular perceptions about it.’ As this campaign is viewed by thousands of women across the country – outside their homes, in their newspapers, and so on – the violence they experience is now the face for a new bra, thus reinforcing the societal frameworks that negate and normalize their experiences of abuse.

Could the campaign’s appropriation of the language of domestic violence help create a dialogue around violence against women? Backed by large corporate budgets with a reach much further than, say, a nonprofit domestic violence–awareness campaign, do these “Break Up With The Wrong Bra” ads provide a wider platform for important conversations? Nope, argues Bhattachrjya. “Other companies, like Avon or Body Shop, have used such [visuals], so it’s not unusual to see such images or text used by women’s brands. But they have mostly used campaigns against domestic violence as the vehicle to promote their products, believing that speaking to women about things that matter to them would make for more sustainable partnerships. [In Amanté’s campaign], domestic violence is not explicitly mentioned at all, in spite of the obvious allusions. Even a line about the issue they are alluding to, or links to support services, would have been honest. On the other hand, the absence of any reference to DV shows it for what it is. For all the big words they’ve used (respect, deserve, confidence) they just want you to buy the right bra—theirs.”

kracktivist

All posts tagged Domestic violence

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