NEW DELHI: UN Special Rapporteur on violence against women Rashida
Manjoo said that India's new sex crime laws do
not fully reflect the Verma Committee’s recommendations and 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,” she told reporters here.
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.
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.
Recommendations
1) There
is a need for urgent measures to end the
alarming decline in sex ratios
2) The
negative effect of personal status laws on the achievement of overall gender
equality. Such laws need to be reformed to ensure equality in law.
3) The
social and cultural patterns of discrimination against women require urgent
action by the State.
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. 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.
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, as it perpetuates impunity, and is widely used against
Human Rights Defenders.
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. 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.
7) The
practice of devadasi is of concern. The effective enforcement of relevant legislation
and the Indian Constitution is required to end this practice.
8) To expeditiously enact the proposed Communal
Violence (Prevention, Control and
Rehabilitation 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.
10) Harmful practices on women and girls, including
forced marriage, dowry and dowry-related violence are of great concern. Violence
and social sanctions due to inter-caste relationships are also of concern.
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.
12) Continuing
disparities in literacy levels are of concern, in particular the educational status of scheduled castes, scheduled
tribes and Muslim women. Effective measures
must be adopted to reduce the drop-out rates among Dalit girls.
13) More
effort is needed to end customary practices which deprive women from underprivileged classes, castes and religious
minorities of their rights to human dignity and to non-discrimination.
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