They don’t make them like her anymore: A tribute to Vina Mazumdar #poem


June 12, 2013 Obituary
vina mazumdar vina mazumdarPoem recited at the memorial meeting for Vina Mazumdar, on 11th June, 2013 in New Delhi, organised by Centre for Women’s Development Studies

By Urvashi Butalia

They don’t make them like her any more
It’s a very particular kind of recipe
You’d need an enlightened father
You’d need a visionary mother
It would help if you had an educated book loving driver
You’d need friends scattered all over the world
They’d have to be doctors and feminists and academics and activists
You’d need a good dose of children
You’d have to have politics in the blood
A firm belief in democracy
You’d need universities that believe in teachers and teaching
A rare thing these days
You’d need international recognition
That women deserve to be counted
You’d need mentors at home
And well wishers abroad
You’d need a spirit of questioning
A liberal dose of rebellion
A belief in support
A commitment to institutions
You’d need to be curious and interested
Awesome and inspiring
You’d have to help new groups
Give support to new enterprises
You’d need to support the feminist endeavour
To provide space and step in to sort out their battles
You’d need friends who connived
And plotted and succeeded
You’d need to march in demonstrations
Learn you lessons from the poor
Focus on the town and the city
You’d need liberal doses of Old Monk
A loud voice to shout for Nandan
An ability to give dictation till 4 in the morning
Spiced by Old Monk and hot tea
To your poor long suffering fifth child (aka Nandan)
You’d need to fight for women’s studies
Begin the battle long before other had even begun to think of it
You’d need to produce a report that was just more than a report
You’d need to find a good name for it
Perhaps call it Towards Equality
And then work hard to do what most reports don’t do
Turn it into action, use it to further research
You’d need to keep the focus on the activist
And equally on the researcher
You’d need to extend your attention to the village
To learn from your sisters out there
You’d need grit, determination, braggadaccio, a loud voice
You’d need a friend called lotika di
Another called Neeraben
You’d need a clutch of feminists of all ages
your biological and political jamaat
Who were willing to be your students
Even though you’d never been their teacher
An endless supply of cigarettes
A battle with your publisher for delaying your memoirs
You’d need liberal doses of argument
A vast collection of saris
Some kaftans to be in with your grandchildren
Comrades in the movement
Whom you could rap on the knuckles from time to time
You’d need the honesty to say
Arre, you must stop me, I tend to meander
I’m getting old you know
Put all of this together
And you’d have a very potent brew
By another name it would be called Vinadi
Glasses on nose, cigarette in hand, tea on table, dictation at the ready
Come on, Vinadi, own up, we know you’re up there watching us
And we’ll raise a glass of Old Monk to you tonight
For we know
They don’t make them like you anymore.

With inputs from many feminists across India

 

Raped in India? Better marry your rapist, says G P Mathur retired jurist #Vaw #Womenrights #WTFnews


To Wed Your Rapist, or Not: Indian Women on Trial

By TRIPTI LAHIRI and AMOL SHARMA

[image]Associated PressActivists in New Delhi marched on Parliament earlier this year, protesting in one of several high-profile sexual-assault cases that have focused attention on women’s rights in India.

NEW DELHI—Just weeks after a gang-rape that shocked India, the National Human Rights Commission convened a meeting to discuss what to do about violence against women.

At the January gathering, G.P. Mathur, a retired Supreme Court justice, startled the crowd: He said it can be appropriate for women to marry their alleged rapists, provided the marriage isn’t coerced. In a recent interview with The Wall Street Journal in which he elaborated on his views, Mr. Mathur described such marriages as “compromises” that victims and their families seek in order to avoid the stigma of a public trial.

As India engages in soul-searching after a series of high-profile sexual assaults, prominent lawyers, professors, women’s advocates and even some judges say the views of some of India’s judiciary can be an obstacle to justice. The Indian legal system is built on British common law, and cases are decided by a sitting judge, not by a jury.

There is “a bias that begins in the society and spills over to the courtroom,” in certain sex-assault and domestic-violence cases, said Indira Jaising, an Indian additional solicitor general, a top federal legal-advisory position. She has called for a “gender audit,” an examination of rulings for bias, to be added to the process of elevating judges to higher courts.

“Courts repeatedly talk about getting married as the most important thing for a woman,” said Mrinal Satish, a National Law University professor whose research shows that courts have given shorter sentences to rapists of women judged not to be virgins, compared with rapists of virgins.

The rape of an unmarried virgin was viewed by the courts as “a loss of value because of which she’s not being able to get married,” Mr. Satish said. “It’s not legal reasoning.” He examined some 800 High Court and Supreme Court rape-case appeals decided between 1984 and 2009.

Since the December gang-rape and death of a 23-year-old woman on a bus in New Delhi, there have been widespread calls for better protection for women. The government has toughened rape penalties and vowed to put more female police officers on the beat. In recent weeks, new attacks—including the alleged rape of a five-year-old in Delhi—have sparked fresh protests.

Even though it is unusual for judges to criticize their peers, some are speaking out. A Supreme Court ruling in January expressed “anguish” over remarks by a lower-court judge suggesting that “wife-beating is a normal facet of married life.”

In the Journal interview, Mr. Mathur, the former Supreme Court justice, explained his view on marriage “compromise”—where a woman weds her alleged attacker—saying it can be an acceptable outcome if both people believe they can live happily together. He said victims’ families are often motivated to pursue such arrangements because the stigma of rape might otherwise make it difficult for the woman to marry. He reiterated that “it should be voluntary, a free consent.”

As an example, Mr. Mathur cited a case he adjudicated in 2007 that ended in marriage. In it, a man was convicted of forcing a woman to have a miscarriage, by use of a drug, without her consent, and was sentenced to seven years’ jail time.

[image]Getty Images‘There is a prejudice that plays itself out in judgments,’ says lawyer Vrinda Grover.

During appeal, the woman told the court she had since agreed to what Mr. Mathur called a compromise marriage. As a result, a Supreme Court bench of Mr. Mathur and Altamas Kabir (currently the court’s chief justice) reduced the man’s sentence to time served, about 10 months. Mr. Kabir declined to be interviewed through his secretary. The husband and wife couldn’t be reached for comment.

Mr. Mathur, in the Journal interview, also questioned the extent to which judges should rely on an alleged victim’s testimony. “A grown-up girl who is married or used to sexual intercourse, she can accuse anybody,” he said. “It is very easy for her to say, ‘Yes, this person raped me.’”

The question of a woman’s believability is at the heart of one appeal currently pending in Delhi’s High Court. In the case, a woman alleges she was raped by a friend when she visited his house for lunch.

A lower court ruled that she was lying, citing among other things the fact that she could have scratched the man’s genitals, but didn’t. “Ordinarily, where forcibly sexual intercourse is committed upon a grown up girl there would be…some injuries on the person of accused particularly, if she has long nails,” the 2011 judgment said. The lack of such injuries “indicates that the alleged intercourse was a peaceful affair.”

The trial judge didn’t respond to requests for comment delivered through his clerk. The defense lawyer said his client maintains his innocence.

Indian society can be conservative in its views of male-female relationships. These views found expression in the weeks after December’s gang-rape of a young woman on a New Delhi bus after a night at the movies—an attack that horrified India and the world.

In one instance, a prominent spiritual figure, Asaram Bapu, told his disciples that the victim could have avoided trouble if she had “chanted a prayer, taken one of her attackers by the hand, and called him ‘brother,’” according to a recording of the lecture. He also said, “If stronger laws are made, women will ensnare men with false cases.”

A spokeswoman for the guru confirmed the remarks were Mr. Bapu’s.

Separately, a local lawmaker in Rajasthan state, Banwari Lal Singhal, wrote to a government official saying that one solution to sexual violence is to not wear skirts at schools. Boys use cellphones to “click photos of girls while they wait for the school bus,” he said to the Journal at the time. “This increases social crime.”

In a recent interview, Mr. Singhal said his proposal was intended only for his district. He said another reason for girls to wear trousers or Indian garb, besides preventing sex crimes, is to protect against the desert climate.

In March, in Parliamentary debate over a bill strengthening sexual-violence laws, several legislators suggested that the government was going too far. The law, which ultimately passed, creates new crime categories including stalking.

“You’re saying girls shouldn’t be followed,” said Sharad Yadav, a legislator from Bihar state, according to a Parliament transcript. “Who among us has not followed girls? When you want to talk to a woman she won’t at first, you have to put in a lot of effort.”

Mr. Yadav didn’t respond to a request for comment.

Associated PressThe Indian Supreme Court’s chief justice, Altamas Kabir, has hailed some protesters.

Other lawmakers, however, took an opposing view. “What has happened to us?” said Pinaki Misra of Orissa state, the transcript shows. “There has to be a collective introspection that this country has to undertake.”

Indians pondering the roots of sexism debate many possible influences, from the machismo of swaths of northern India, to mythology, to caste. Caste-rights groups, in fact, say that some violence against women is a backlash against a modern blurring of caste lines. In particular they cite “honor killings,” in which young women and men are killed for forming relationships across caste lines. Mr. Yadav, in the March debate in Parliament, called for shelters for such couples, noting the immense harassment they face.

In a court of law, it can sometimes count against a woman if she has male friends. “There is a prejudice that plays itself out in judgments—if you are friendly with somebody, you are agreeing to making yourself available,” said lawyer Vrinda Grover.

Problems can also arise if a woman is perceived as disobedient to her family. In January the Supreme Court overturned a state-court acquittal of more than 30 men accused of raping a teenager and holding her as a sex slave. The lower court had acquitted based partly on testimony that the girl had once lied to her parents about having given money to a friend that was meant for her school expenses.

The lie suggested she was a “deviant,” the court ruled. The judge also wrote that the young woman appeared to be planning a trip with a male friend, “without any specific plan for marriage and family life with him.”

In an interview broadcast on Indian television earlier this year, one of the justices on the two-person bench, R. Basant, said he stood by the court’s assessment of deviance and its judgment. “She was used for child prostitution,” he said in that interview. “Child prostitution is not rape. It’s immoral.”

Mr. Basant, who now practices as a lawyer, declined to comment. The other judge is deceased.

Some judges are calling for greater awareness about crimes against women. In January, Mr. Kabir, the Supreme Court chief justice, hailed the protesters who took to the streets after December’s bus rape.

Bhagwati Prasad, the chief justice of Jharkhand state until retiring from the bench in 2011, said that judges, like anyone, are influenced by their social conditioning. “You have to forget everything” that happens outside the courtroom, Mr. Prasad said.

He said a court would likely consider it relevant in a sexual-assault case if the woman had prior sexual experience. Still, even in these cases, if the woman doesn’t alter her account under questioning, the court will believe her, he said. “Conviction is only secured when the girl sticks to her statement that, ‘Yes, I have been forced,’” he said.

Mr. Prasad also said that he was aware of cases in which he believed women were the aggressors against men. “I would not say that rape is only committed by boys,” he said. Asked for an example of such a case, Mr. Prasad offered a tale from Hindu mythology of a woman who tries to seduce her stepson.

Some textbooks until recently fostered the idea that it isn’t physically possible for some women to be raped. A 2005 edition of “Medical Jurisprudence and Toxicology,” used in court for guidance on evaluating medical evidence, stated: “In normal circumstances, it is not possible for a single man to hold sexual intercourse with a healthy adult female in full possession of her senses against her will.”

It also stated that women of different social strata should be expected to offer different degrees of resistance to rape. “It is obvious that a woman belonging to a labouring class, who is accustomed to hard and rough work,” would be able to fight off an assailant, it said. But a middle-class woman “might soon faint or be rendered powerless from fright or exhaustion.”

This edition was used until 2011, when these passages were revised. The book now says it is “wrong to stereotype” in instances of rape. It also specifies that “rape is a crime and not a medical diagnosis.”

The 2011 edition, however, still refers to young women as “nubile virgins.” And in cases where assault victims are believed to be virgins, the book recommends a controversial vaginal exam, known as the “two-finger test,” that purports to show whether intercourse was physically possible.

LexisNexis India, which acquired the book’s Indian publisher in 2008, said it will completely overhaul the 2014 edition. “We realize how important this book is for the trial process,” said Abha Thapalyal Gandhi of LexisNexis India. The next edition will have “comprehensive changes” to reflect “gender justice approaches and new medical research.”

The book’s author died in 1954. K. Kannan, a retired justice and one of two editors for the 2011 edition, said, “I should have gone even more aggressively” in reworking the text. “We need to be sensitive,” he said.

Mr. Kannan said he is completely against the two-finger test. “Rape is not a medical thing,” he said. “It is not for doctors to be saying.”

Ved Kumari, a professor in Delhi University’s law school, suggested that adding more female judges, as some have advocated, won’t on its own address the bias issue. She described one female judge confiding in her that she had been “harsher to women litigants because I expected a higher level of adjustment from them compared with the men.” The judge comes from a traditional family, Ms. Kumari said, whereas a woman she has been required to make “a lot of sacrifices” herself.

Ms. Kumari, who also has served as chairwoman of the Delhi Judicial Academy, which provides training to serving judges, blames part of the problem on Indian legal education. Rape laws weren’t taught at Delhi University’s law school when she became a professor more than 25 years ago, she said. She and other colleagues pushed for their inclusion in the mid-1990s, she said. She recalled one male professor who declined to teach that portion of the class, so she did it herself.

The law school’s dean, Ashwani Kumar Bansal, who was a law professor at that time, called the episode a minor one. “Indian morés, ethos, were different” then, he said.

Things started changing in the late 1990s, when a small survey of Indian judges found that 48% of respondents said it was justifiable for a husband to occasionally slap his wife. After that, a group of nonprofit groups launched gender-sensitivity training for judges. The judges would meet with abuse victims and role-play the part of a victim’s parent.

It is difficult for judges to acknowledge that they carry “social baggage” and prejudices, said Samaresh Banerjea, a retired judge from Kolkata High Court. He went through the gender-sensitivity program a few years ago and said it altered his outlook.

Something “clicked in my mind,” he said. “To learn many things, you have to unlearn many things.”

Write to Tripti Lahiri at tripti.lahiri@wsj.com and Amol Sharma atamol.sharma@wsj.com

 

Equality fight in an unequal world #Feminisn #bookreview #SundayReading


By Deepti Menon, New Indian Express

12th May 2013 12:00 AM

  • Protests by women fighting for their rights have been part of a long history of feminist struggle.
    Protests by women fighting for their rights have been part of a long history of feminist struggle.

Feminism is not being part of an organisation; rather it takes inspiration from past heroines, aiding women to feel a continued responsibility, explains Nivedita Menon’s Seeing Like a Feminist. The title is inspired by James Scott’s Seeing Like a State, where the state “seeing” is all powerful, compared to the marginal position of the feminist.

This is a book about women and patriarchy, and about how the feminist views the operation of gendered modes of power. It is divided into six chapters, which deal with vital, interrelated themes.

Efforts have always been made to shield the institution of the patriarchal heterosexual family. Couples who choose inappropriate marriage partners come under the scanner. Women have been relegated to domestic work, which is less valued and unpaid, despite the Equal Remuneration Act of 1976. Domestic work is more demeaning and exhausting than that of a sex worker, probably why 71% of ‘servants’ have moved voluntarily to sex work.

In North India, a woman has no rights in her natal home after she moves to her husband’s home. In Kerala, only vestiges of the matrilineal system are seen. The Hindu Code Bills empowered Hindu women to choose their partners, and marry outside their caste. The Hindu Women’s Right to Property gave widows rights to their husband’s property, but the Hindu Succession Act nullified the position of daughters under matrilineal laws, by granting equal inheritance rights to sons. The three interlinked features of the Indian family are patriarchy, patriliny and vivilocality.

Dowry has spread its tentacles almost everywhere, as women go to their husband’s homes to survive with limited rights, despite the Dowry Prohibition Act which deems both giver and taker guilty. Women, right from childhood, prepare for marriage, which sometimes leads to the ‘implosion of marriage’, when young girls refuse to conform to docile roles of wife and daughter-in-law. The author avers that feminists need to build up the strength to live in ways in which marriage is voluntary, and create alternate non-marriage communities.

In ancient times, the universality of gender as a social category was challenged in African and the North American countries, and even in the lives of the Bhakti saints. But the creation of a distinction between sex and gender is intrinsic to feminism, as from childhood onwards, girls and boys pick up gender-specific forms of behaviour, training to conform to set roles.

In the 1990s, the media began airing sexually explicit images, through cable and television channels. Questions on homosexuality and issues revolving around the civil liberties of eunuchs, bisexual and transgendered people have all been viewed through the lens of the feminist here.

Patriarchal forces call rape a blot against family honour, while feminists denounce it as a crime against a woman’s bodily integrity. The Pink Chaddi protest was a non-violent gesture of ridicule against intolerance. The modern slut walks are the latest chapter in a long, powerful history of inspirational feminist struggle.

Caste politics and patriarchy have stalled the passing of the Women’s Reservation Bill to reserve 33% of seats in Parliament for women.

There is mention of the commoditisation of the female body, through advertisements showing scantily clad bodies and pornography. Feminists expose how this outlook can be transformed by thinking of women as consumers instead of victims.

Pregnancy and child bearing are the sole responsibility of the woman. The ideal feminist world is one in which women can control when and under what circumstances they deliver their children. Sexual harassment charges against celebrities, the ban of the veil in France, forcing women badminton players to wear skirts and queer politics have all been touched upon in this revealing book.

Thus, for Nivedita Menon, feminism is not about one triumphant moment against patriarchy, but about the ongoing shift that enables young women to say, “I believe in equal rights for women, but I’m not a feminist.” Many new positions, energies and challenges have transformed the feminist field over the years, and this book takes a bold look at these.

“It comes slowly, slowly, feminism does. But it just keeps on coming!”

 

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


CRITIQUE OF MAHARASHTRA WOMEN POLICY- 2013

SUBMISSION BY- MUMBAI WOMEN GROUPS AND ACTIVISTS

MAY 10TH 2013, Kamayani Bali Mahabal

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

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

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

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

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

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

Below are some detailed critiques of chapters of the Policy Document

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

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

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

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

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

Chapter 9- Health

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

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

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

In Chapter 15– Women and Law

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

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

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

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

Trafficking of Women

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

Shelter

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

Implementation of the Section 498 (A) IPC

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

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

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

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

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

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

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

Chapter- 19- Physically disabled and mentally challenged women

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

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

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

Chapter 23– Sexually Exploited Women

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

Chapter 24- Transgenders (Sr.No 24)

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

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

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

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

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

China’s ‘Leftover Women’ fight bullshit with humor #Vaw #Womenrights


By DIDI KIRSTEN TATLOW
Published: April 23, 2013, NYT

BEIJING — For years, single Chinese women in their mid- to late-20s have endured being called “shengnu,” or “leftover women,” by relatives, by the state-run media and by society. The message is : Marry, ideally by 25, or you’re on the shelf.

Some are starting to push back.

“I don’t accept that definition,” said Li Yue, 34, who works at a nongovernmental organization in Beijing. “It’s really ridiculous. Who says I’m leftover, and by whom? I don’t feel I’m leftover, I feel I’m living the life I want.”

“It’s really annoying,” said Wang Man, 31, an employee of a poverty relief N.G.O. in Beijing. “By now though, I don’t care, as I think there’s a plot behind it. It’s an admonishment to women, it’s telling us what to do, where and when. Everyone is trying to get us to sacrifice ourselves, to look after children, husbands, old people.”

China has about 20 million more men under 30 years of age than women, according to official news reports — largely the result of gender selective abortion, with many parents preferring a son to a daughter. So why is the phenomenon of “leftover women” apparently so widespread? Aren’t desperate men snapping up available women?

Not exactly. Traditional attitudes demand that a man earn more than a woman, meaning that as women earn increasingly more they are pricing themselves out of the marriage market.

But as a result, partly, of the increasingly defiant attitudes of women like Ms. Liu and Ms. Wang toward a term that many still find terribly hurtful, a riposte to “leftover women” has been born — and it’s a clever one. Yes, they’re saying, we’re “shengnu.” But that’s “sheng” as in “victorious,” not “leftover.”

The pun that turns the tables on the prejudicial description is made possible by the fact that “sheng” has different meanings in Chinese depending on the written character: either “leftover” or “victorious” (or “successful,” as some prefer). Chinese is filled with homonyms, making punning a popular pastime.

The redefining of shengnu has been abetted by a television series, started last July, that translates as “The Price of Being a Victorious Woman.” It’s an exploration of the romantic life and career of the fictitious, unmarried Lin Xiaojie, played by the Taiwanese actress Chen Qiao En. In the series, the quirky, pretty Ms. Lin has troubled romantic encounters with attractive men. But along the way she builds a successful career.

While some consider the series overly sappy, it has had the effect of spreading the concept of “victorious women” as a morale-boosting alternative to “leftover women,” and delivering unmarried Chinese women more self-respect.

“In the series, the perfect metamorphosis of Lin Xiaojie from a ‘leftover woman’ to a ‘victorious woman’ shows you that in the working world too, it’s better to be strong and in charge of your destiny than to let other people control your future,” runs a summary of the series on the Web site of iQiyi.com, a major Chinese film and TV portal. It offers 10 pieces of practical advice to young women, including: Don’t be bad but don’t be too good, either. Learn not to be influenced by your colleagues. Don’t fall in love with your boss.

Even the state-run media, which have long issued lugubrious warnings to young women on the perils of becoming a “leftover woman,” are — slowly — joining in.

The official microblog site of People’s Daily recently displayed a post suggesting that “leftover women” needn’t despair.

“Leftover women, don’t be tragic,” it said. “There are 20 million more men under 30 than women in China. So how can there be so many ‘leftover women?”’ It provided a common explanation: “Isn’t it because they’re not ‘leftover’ but ‘victorious’, and their requirements for partners are very high?”

But it continued, in a less judgmental vein: “They’re free, and can stand on their own feet. As China modernizes fast, ‘leftover women’ may turn into a positive term.”

It’s better to be “victorious” than “leftover,” said Ms. Liu, the N.G.O. worker. But overall, she’d rather not have to choose.

“I think it’s a very positive word,” she said. “But it’s also kind of odd because I never thought of this as a victory or some kind of a struggle.”

“We should have the right to choose what we want to do. So do we really need such a power-filled word as ‘victorious’ to describe something so normal?”

Ms. Wang agreed. “I’ve heard of it and I think it’s O.K., but I don’t think it’s a question of victory or defeat,” she said. “It’s just a way of life. If I had to choose, though, I’d tend toward ‘victorious’ for sure. Still, it all feels a bit tiring.”

Meanwhile, there are still many over-25-year-olds, fretting under strong societal pressure to marry, who have internalized the cultural and social values that they are “on the shelf.” China’s minimum marriage age for women is 20, so the window of opportunity for those who want to escape labeling is small.

For them, “shengnu,” with its double meaning, is, at best, neutral.

“I’m not completely proud of it,” said Zhou Wen, 27 and unmarried, a secretary at an American marketing company in Beijing, “but it is at least a neutral word. Not bad at all.”

PRESS RELEASE- Police Out to Arrest AIPWA Activist For Raising Voice of Protest against sexist remark #Vaw


Odisha BDO Makes a Sexist Remark Against Women Protestors,

 

On 8th April, AIPWA’s Odisha Secretary Sabita Baraj along with 60 women activists of Rajkanika block, went to the local block office to protest regarding several local issues on the ‘grievance day’ declared by the local administration and Government. When they reached the Block office they found the gate closed, forcing them to wait outside in the severe heat. After two hours, the Block gate was opened by a peon and all the activist asked the BDO (block development officer) why the gate was closed on ‘grievance day’?

The BDO told them, “Being women how can you dare to ask this question?”

The women strongly protested this sexist comment by the BDO, and Comrade Sabita filed an FIR against the BDO. After four hours the BDO filed cases against all the women activists. But the police took no action against the BDO, and instead attempted to arrest Sabita Baraj and the other women activists based on the delayed FIR filed by the BDO. On 11th April, 300 women activists of AIPWA held a protest meeting which was addressed by AIPWA activists. The police continues to conduct raids on the homes of CPI(ML) and AIPWA activists, searching for Sabita Baraj.

 

Punjab: 6-Year Old boy Singed With Cigarette Butts by Father #Torture #WTFnews


Patiala | Apr 01, 2013, Outlook

A six-year-old boy was allegedly singed with cigarette butts and slashed with a shaving blade by his father who inflicted injuries all over his body.

The harrowing tale of torture was narrated by the child himself in a local court, hearing a divorce case of his parents.

The court was shocked and dismayed to see injury marks on the body of the child and ordered the police to get the child medically examined in the local Government Rajindra Hospital.

The child told the doctors yesterday that his father Baljit Singh inflicted injuries all over his body.

There were about 16 blade cut marks on different parts of his body, doctors said, adding his back had burn marks caused by cigarette butts.

The parents of the child had filed a divorce case and the court had earlier given custody of the child to the father.

It also directed the accused that the child would be allowed to meet his mother once every month.

When the boy insisted on meeting his mother, Singh was so annoyed that he started torturing the child.

A case has been registered against the accused Baljit Singh at the Patiala Sadar police station under various sections of the IPC, police said, adding, efforts are on to arrest him.

 

Story behind the ‘Lost Case”- despite social legal support #Vaw #Justice


Mumbai, Majlis Team , March 31,, 2013

As  fourteen year old Priya  had not been getting her periods for some months, her mother took her to Shatabdi, a  public Hospital in the nearby area, for a check up.  During examination it came to light that the child was five months pregnant! A case was not filed, but Priya and her mother were referred to the hospital’s counselling centre where two very young social work students were placed. The students knew about Majlis’ Socio Legal Support for Survivors of Sexual Assault programme.

So, it was by sheer luck that Priya and her mother Anju reached our office. I was one of the first people to speak to Priya after she discovered she was pregnant. With large fluid eyes and a scared look on her face, she revealed that she and her friends would often go to a Pramuk’s  (leader) house to help his wife with house work. About six months ago, when his wife was not at home, this 50 year old man raped her.  He threatened her that if she ever spoke to anyone about it, he would kill her. She had no idea about the consequences which might befall on her, and hence kept silent, and did not even confide in her mother.  It was poignant to watch the child, who had just realised that she was pregnant, trying to cover her stomach with her dupatta.

Anju is an illiterate single mother trying desperately to manage her family by earning a meagre amount as a domestic maid. She is extremely naïve and had never stepped out of her local area. She, and her mother before her, have lived in the same slum their entire lifetime. When faced with the news,  Anju’s only concern was how to quietly get an abortion and end the story. She was extremely afraid that if her son found out all hell would break loose. The pramukh was influential and she did not want any hassles with the police. We tried our best to assure her that if she wanted to complain we would support her in her pursuit of justice… but these words did not make any sense to her.

We asked her to think about what she wanted to do and promised to meet her the next day at the hospital (she did not want us to come home). But the next day Anju did not turn up. Our team were rid with fear at what she would have done with her daughter in order to cover up the incident. Priya’s pregnancy was well past the statutory limit permitting an abortion and we were scared about the danger to her life. There was no way of contacting Anju as she had not given us a number or an address.

Then three days later Anju contacted us. All hell had broken loose as her son found out. The police was informed and an FIR was lodged. The accused was taken into custody, required medical tests were done and statements were recorded. Priya was produced before the Child Welfare Committee and was taken to a shelter home.

Our first challenge was to ensure Priya’s health and well being were being taken care of in the shelter home. We would accompany Anju every week to visit Priya in the shelter home. We counselled Priya to cope with her situation. Priya was not comfortable at the government shelter home,  so we requested the CWC to move her to a home for unwed mothers run by Christian Missionary Sisters in the Western suburbs. The request was granted.

We also counselled Anju and her son to help them cope with the situation. When Priya delivered her baby we were there. Anju could not reach the hospital as she could not travel alone late in the night. Anju still  feels bad that she would not be with her daughter during her delivery. Given Priya’s tender age and Anju’s financial condition, there was no question of keeping  the baby. We had to repeatedly remind the police to collect the blood samples of  the baby, so that the child could be put up for adoption.

Priya returned home and Anju was keen to care for her daughter. But she soon realised that due to sniggering and humiliation from neighbours it was impossible to keep her daughter with her. Everything had changed. Priyas was forced to live in the village where poverty was worse and she was not even given basic nutrition. Anju was desperately trying to collect money to move to another slum. Multiple vulnerabilities were  at play here. Since we do not have a financial assistance project and the State Victim Compensation Scheme was not in place, we could not offer any financial support to the family.

But on the other hand, the case was progressing smoothly. We followed up with the police to ensure that the investigation was on track and the charge sheet filed in a timely manner. Within two and half months of the incident the charge sheet was filed and the matter was committed to the Sessions Court. This was an open and shut case, we were confident of a conviction. This was one of the few cases we have come across where the statements were  recorded by the police without any loopholes, DNA proof was there…. So imagine our shock and utter dismay when the DNA report came negative.

The blood samples of the accused did not match that of the child. The police called Anju to the Police Station and shouted and abused her for two-three hours. We rushed to the Police Station and impressed upon the officer that his duty was only to submit the DNA report to the court and not pass any value judgment.

We met Priya and tried to probe if there was any other person. But Priya, all of fourteen and having gone through the ordeal, with utmost conviction reassured us, that he alone was the  culprit. We believed her.

The Public Prosecutor (PP) accused Priya of having a boyfriend. You cannot trust these teenaged girls, I think this case is ‘fishy’, she said. Her entire approach towards the case changed dramatically after the DNA report. But if Priya had a boyfriend, the news would have spread as this is a thickly populated slum with huts adjacent to each other. Nothing misses the keenly watchful eyes of the  neighbours.

We were extremely worried how the PP, whose job is to defend Priya would conduct the trial. We watched the PP like hawks on every date to ensure she was doing her job.

Priya was brilliant in her examination and cross. We were there by her side to support her. The PP ofcourse did not even bother to meet her before the trial and prepare her.

The defence lawyer used all kinds of underhand tactics during Anju’s cross. He accused her of being a woman of loose character and being greedy and wanting to extract money from the accused. But before he could ask any more embarrassing questions, the presiding officer, a sensitive lady judge, stopped him. This judge is known to follow Sakshi Guidelines, not allow unnecessary questions and most of all, she makes the witness comfortable in court. All this helps bring the best evidence before the Court.

The final arguments were a disaster. The PP argued with absolute lack of interest (She may not have even argued if we were not there). She submitted the case laws and the written arguments that we had prepared, because we insisted. The Defence Counsel argued at length about how the DNA Report was negative and therefore it was clear that the accused had been framed to take revenge because the victim’s mother was not allocated a tenement under the slum rehabilitation scheme.

Judgment: “Not guilty, the prosecution has failed to prove the case beyond reasonable doubt”. The judge also commented that the plea of the defence about revenge appears to be probable!

Immediately after passing the judgement, in an informal tone, the Judge asked our lawyer whether we take up all cases or only ‘genuine’ cases. Before we could recover from the absurdity of this question, the PP replied “Oh, they take up any case that comes to them”.

We would have liked to answer that “not proving a case beyond reasonable doubt does not amount to a ‘false’ case.”  We would also liked to have responded to the  PP, “it is not your job to be judge… just do your best to prove your case, like you would if you were defending the accused in a murder trial, as a private lawyer.” But we kept silent as we have many other rape cases which are pending trial in this court.

We had the difficult task of informing Anju about the judgement. She was calm and took it in her stride. She told us that she was not interested in filing an appeal. She had changed her residence,  Priya was back at school and they were making every attempt to get over this trauma. We felt that despite the set back in court, we had empowered them to cope with the system and move on without leaving deep scars of revictimisation upon their psyche. This, in itself, was a victory! After all, conviction or acquittal is not in our hands. We are here to ensure that fair trial process has been followed.

Ideally, this narrative must end here, but it has a postscript. A few days later, a visibly shattered Anju came to our office. There was a story in the newspaper accusing Anju of filing a false case to frame the accused to get a tenement in the SRA scheme. It is this incident that broke Anju.  She wanted to file a case against the lawyer and the newspaper.  But since no names were mentioned there was nothing we could do. Anju told us that Priya had threatened to commit suicide after seeing the newspaper article. The society finally had its revenge.

The questions that haunt us at the end of this case are – yes, the case could not be proved ‘beyond reasonable doubt’.  But it is also beyond doubt that a 14 year old vulnerable child had been violated and had to undergo the ordeal of childbirth and of giving up the child in adoption. Does the responsibility of the state end with the acquittal, or is there a responsibility beyond, to ensure the well being of this child.  Can state institutions entrusted with the responsibility of protecting children, brand her as ‘a liar’ and wash their hands off her, leaving her to deal with her fate, within the confines of her own vulnerabilities? We find no answers to these disturbing questions within the criminal legal system.

State of Maharashtra  v. Ramesh Dawle  Session Case  No. 349 of 2012

The matter was concluded within a year.

Majlis Legal Centre

A 4/2 Golden Valley, Kalina Kurla Road, Santacruz E, Mumbai 98

Tel: 022 26661252 / 26662394

Website: www.majlislaw.com

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Ration Dealers Given Target for Sterilization Cases in Rajasthan #populationcontrol #coercion #WTFnews


kota

 

 Kota Rajatshan, March 22, 2013 –  . Now the ration dealers  in rajasthan are going to motivate men and women who come to their shop for  Sterlization. This March and the state health departed is searching frantically for sterilization cases to meet the targets, As a result, even the ration dealers are  given targets in Bundi ,to bring 2 cases of sterilization each , by  March 30th 2013  to  the department

 

 

#Mumbai -Memorial meeting for Professor Lotika Sarkar (1927- 2013) @Mar 13


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                                                                                                 Dr. Mithu Alur, Founder Chairperson,

The Spastics Society of India

Invites you to a commemorative event

In fond memory of her Late Aunt

 

To celebrate her glorious life and to salute her efforts in making the country’s laws sensitive  and to uphold gender-justice, social justice and women’s rights

On Wednesday March 13, 2013 from  6 p.m. to 8 p.m.

  

 Professor Lotika Sarkar (1923- 2013)

 Eminent Scholar and Feminist

Renowned feminist scholars, activists of the women’s movement, legal luminaries, media personalities, and activists linked with NGOs and friends will express their tributes

 

At the Auditorium

National Resource Centre for Inclusion, ADAPT

K.C. Marg, Bandra Reclamation, Bandra (W),

Mumbai – 400050

 

The programme will be followed by Tea and snacks

R.S.V.P. Ms. Theresa D’Costa- 9820017792