Day 5: Local Committees, Remote Justice

On the 5th day of the 2022 Prajnya 16 Days Campaign Against Gender Violence, a discussion on "Local Committees, Remote Justice" was organised. In this structured discussion on Local Committees, their challenges and awareness of them, the Tamil Nadu Labourers' Rights Federation and Gramavaani presented the findings of a survey they conducted to gauge awareness of Local Committees in Tamil Nadu. This was followed by a presentation by Prajnya's Rajaram Research Fellow Preeti Karmarkar of her research on Local Committees in Maharashtra. The session started with videos in Marathi, Hindi and Tamil on workplace sexual harassment which you can find here. You may find a saved video of the recording here. 

The discussion began with a short overview of a study conducted on the Level of Awareness on ICC/LCC among women workers, facilitated by the Tamil Nadu Labour Rights Federation (TLRF). TLRF largely works with the unorganised sector, where the ICCs and LCCs are poorly implemented. Gramvaani, a partner of the project, tried to take this campaign to a larger audience. Richardson, of the organisation, mentioned that, initially while the issue was brought to the forefront, there was no data to supplement the same. Post this, testimonials were collected from labourers and a survey was shared in 2020 to serve the purpose outlined earlier. The survey results showed that 27% of the respondents were construction workers, followed by 22.7% engaged in the agricultural sector, under the MNREGA. The responses showed that 80.5% of the respondents had not faced harassment in their workplace. This was a contradiction to the experiences from the field, where interactions with labourers show instances of harassment (though they may be hesitant to share the same). TLRF also filed RTIs in three districts to know the situation of LCCs and found that of Madurai, Virudhunagar and Dindugal, only the district administration of Dindugal provided details of the LCC. During the course of the discussion, Latha from Dharmagiri district also highlighted the experiences of women engaged in several unorganised sectors (construction, garment, health workers and women working in pharmacies) with respect to workplace sexual harassment. Additionally, she also highlighted the experiences of students in schools and colleges, particularly during the pandemic.

This discussion was followed by Preeti Karmarkar, a Rajaram fellow, who highlighted the functioning of Local Committees in Maharashtra. The study employed using a feminist socio-legal approach to gather data. The striking finding across the entire study area is that there is not one complaint from the unorganised sector in the LCs. The complaints from the organised sector that the LCs have received have been primarily against the employer. When the LCs received complaints, they conducted inquiries and gave recommendations. Additionally, Preeti also highlighted the challenges faced by the LC members, and further explained the methods through which LCs could be strengthened. Dr. Anagha Sarpotdar also supplemented the discussion with her experiences from the field.

About the Speakers:

1. Dr Anagha Sarpotdar: Social Scientist by Training Specialising in Work Aimed at Combating Workplace Sexual Harassment and she is a Consultant, Trainer, Author, Researcher, and does Workplace Sexual Harassment Inquiries (Based in India, Mumbai)

2. Preeti Karmarkar: Managing Trustee at Nari Samata Manch, she is trained as a Social Scientist and Gender expert, Preeti is associated with Nari Samata Manch since 1998. She has 22 years of experience in social development field in the areas of grassroot mobilization, project development and Management, M&E, policy as well as investigative research and NGO management with national and international exposure. She is an experienced gender trainer and provide consultation for gender integration in programme. She also provides training/consultation for implementation of Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 and work as external members for renowned organizations. Earlier she has worked at Women’s Studies Centre (University of Pune), YASHADA and BAIF Development Research Foundation.

Day 6: Is Justice Too Distant? Report Presentation and Discussion

 [This blog report was contributed by Bruno Richardson of Gram Vaani who generously shared his meticulous minutes with us.]

The objective of the Meeting

As part of The Prajnya Trust’s "16 Days activism against Gender Violence," Gram Vaani, Prajnya & TLRF (Tamil Nadu Labour Rights Federation) invited Tamil Nadu State Women Commission (TNSWC) Chairperson, District Social Welfare Officers (DSWO), and Members of Local Committee for online consultation on Making Local Committees Functional across Tamil Nadu on 30th November 2021.

Meeting Proceedings

The meeting was preceded by Com. Sudaroli from Prajnya Trust and then followed by a presentation from TLRF and Gram Vaani where it exhibited the works that have been undertaken as part of the campaign to strengthen the Local Committee across Tamil Nadu.

Campaign Presentation

Com. Richardson from Gram Vaani presented a detailed presentation on what pushed the organizations to begin a campaign on Local Committee (Committee to redress sexual harrasment at the unorganized workplace) and the various stages that the campaign has traveled and what it strives to achieve. Please find a brief report on the presentation below

• TLRF and Gram Vaani are existing partners who work for the welfare of the laborers working in the unorganized, spinning mill, firecrackers, and match stick industries. By deploying IVR (Interactive Voice Response) technology GV and TLRF have established a community media platform called Namma Kural. Through this awareness created on the workplace entitlements of the laborers.
• People working in the unorganized sector register and voice out their grievances on sexual harrasment at the workplace in the IVR platform. To address these grievances we explored the existing redressal mechanism and we identified that the existing committee has not been functional and it has not served its purpose
• -This pushed us to initiate a campaign by bringing in various stakeholders (NGOs, Government agencies, Researchers, Labour Unions...etc) to make the committees functional.
• 
  The campaign had traveled through various stages. Beginning from collecting data through RTI, doing Survey with unorganized women labors (Quantitative Study), Interviews with women Labourers (Qualitative Study), Consultation with stakeholders to propose recommendations to the government, and then finally sharing our findings and proposing the recommendations to the women commission and district social welfare officer through this event.  

Then Com. Priya, President of TLRF shared the union officials’ experience in Interviewing with unorganized laborers and she said that the interview with the women laborers helped them to understand their work environment better. She also said that the survey results mentioned that about 80 percent of the women have not experienced sexual harrasment in the workplace but the interview with women laborers has helped them to expose the ground realities and found that almost all the women interviewed had experienced some form of harrasment at the workplace.

Com. Jayasudha, Treasurer of TLRF shared the recommendations gathered from the previous consultation with various stakeholders (Unions, Advocates, Professors, Researchers, NGOs) and requested the government officials to implement these recommendations.

(To know about the results of each stage of the campaign click here)

Following the presentation Com. Gowri, Chairperson, Tamil Nadu State Women Commission shared her thoughts on the campaign and how we can ensure a harassment-free workplace for women. Some of the points that she shared during the meeting

She began her speech by quoting, “Real Injustice happens when Justice gets delayed’. Begin a lawyer she said there is ample law in our constitution which gives solution to all harassment and violence against women. But it is the implementation part that we really lack. Government officials, the Police departments are also one of the reasons for the lack of implementation of these laws. 

• She emphasized the implementation of these laws and it is our collective responsibility to monitor and make sure these laws are being served their purpose
• Com. Gowri also requested the event organizers to share all the recommendations to  the women commission which they will forward to the State Government following which these recommendations can be implemented
• When requested about the list of LC officials across the state com. Gowri has assured her support that the commission will share these details with us
• She also offered her support for our campaign and has agreed to work with us in addressing issues on sexual harassment across the state. She insisted that we file harrasment cases with the women’s commission so that the commission will also follow up on it and following which the government officials hold accountable for the reporting on the grievances to the commission.
• She also said the commission will support the event organizers in creating awareness on sexual harrasment at a workplace with the women laborers and she also asked her to invite her for the awareness meetings with women.

Com. Poongothai - Erode District Social Welfare Officer

Com. Poongothai thanked the organizers for the detailed research on LC and said that the research will help them to implement and further take up the functioning of the committee in the Erode District. She also invited all the NGO’s and Labour Unions to work with the district welfare department in creating awareness on sexual harrasment committee among women laborers 

Com. Indira Jayasheely - Virudhunagar District Social Welfare Officer

-       Com. Indira from Virudhunagar District shared about the works they are currently carrying out in the Virudhunagar district. She said the department is creating awareness among firecrackers/ Match stick/ Spinning mill industry women workers and also insisting factory owners implement sexual harassment committee in the workplace. Besides this, she also said they are creating awareness on 181 - toll-free no to report violence against women, across the district

-   And besides this, our department is also working on installing complaint boxes in district collectorate, Railway/bus Station, Government offices to make sure women report issues when such incidents occur

Com. Rega J Deeb - Dindigul District Social Welfare Officer

-       Com. Rega the Dindigul District Social Welfare Officer said that the department is currently focused on ensuring the LC and IC (internal Committee) is formed and its members are renewed and make sure the committee is updated

-       She emphasized that there is a need for more awareness among the women workers on these committees.

-       She said that when we review the sexual harrasment committee we do not see any cases being reported in it and this is due to the lack of awareness among the women workers to report issues in the committee. To address this we are creating awareness among the women workers

-       Besides this, she shared that her department is currently working on insisting all the factories especially the spinning mill factories to implement these committees inside the factory.

-       Finally, she said her department is ready to collaborate with the NGO’s, Labour Unions to implement the redressal committees and also requested the need of guidance from these stakeholders for the better implementation & functioning of these committees 

Com. Alagesan - Local Complaint Committee Member, Madurai District

-       Mr. Alagesan applauded the works of TLRF for the campaign that they have initiated on strengthening the Local Committee across the state

-       Mr. Alagesan said there is a need for creating awareness among the women laborers and also there is a high need for the government to create awareness among Grass root level officials and panchayat leaders. Since our districts are huge in landscape it becomes difficult for women to travel from one place to another for reporting issues on sexual harrasment and this is also one of the factors for women not reporting

-       To address this the government must form committees and make sure the grassroots level officials and stakeholders are well informed and trained in handling these issues

-       He also said the government must be very transparent in these matters with respect to publicizing the details of the committees and their members to the public. Based on this Mr. Alagesan also requested the women commission chairperson to provide details of the local complaint committee members across the state.

Com. Palani Bharathi - Pen Thozhilar Sangam

-       Com. Palani Bharathi from Pen Thozhilar Sangam (PTS) shared the experience of the PTS union in handling workplace sexual harassment grievance and how the government officials delayed the process even after receiving the court judgment and so she said there is an urgent need for the proper and speedy implementation of law and provide justice to the victims

Following the speeches by important stakeholders Com. Ponnuchamy the state advisor of TLRF summarised the event and thanked the state women commission chairperson for accepting our invitation and supporting our cause in strengthening the Local Committee across the state.

To know more about how the campaign was shaped up and rolled out with the collaboration of various stakeholders click here. To read the complete report click here for Tamil & English.

Day 16: Four Good Words: Verse by Women

On Human Rights Day, the last day of the 2020 Prajnya 16 Days Campaign Against Gender Violence, we pay homage to the core values of the Indian Constitution with poetry. Nineteen poets, all women, have contributed videos to this day-long observance, reading poems that celebrate directly or implicitly, these FOUR GOOD WORDS: justice, equality, liberty and fraternity. 

Before anything else, we must thank Srilata Krishnan, who agreed with alacrity and then invested wholeheartedly in the process of identifying, inviting and following up with poets. She was completely present during the entire process, from ideation to uploading the videos and planning the communication strategy. Srilata has been a part of every Prajnya campaign since the very first one, and we do not plan anything-poetry without her. She really is a part of Prajnya! 

Enjoy the videos: 

1. Anannya Das Gupta             https://youtu.be/TDqQAKMI77I
2. Anju Makhija             https://youtu.be/u3oqVrtjL1c
3. K. Bala                https://youtu.be/dZ6G3vFCCYo
4. Gayatri Majumdar             https://youtu.be/IJJO6WN94JM
5. Menka Shivdasani             https://youtu.be/bBeRZoM51fs
6. Nandini Sahu             https://youtu.be/pWT-K9p7e7Q
7. Kutti Revathi             https://youtu.be/jDKy_vEUs9s
8. Rizio Yohannan             https://youtu.be/T3VG6SL0CW4
9. Sampurna Chattarjee             https://youtu.be/Nc7lJkxoSPs
10. Sarita Jenamani             https://youtu.be/uUsmrjagY0Y
11. Shobhana Kumar             https://youtu.be/JMhc8iFpfSo
12. K Srilata             https://youtu.be/Cs4McuaRRuc
13. Sukrita Paul Kumar             https://youtu.be/BY3W7gaJWDo
14. Swarna Rajagopalan             https://youtu.be/fC4Qh_DI5cE
15. Tishani Doshi             https://youtu.be/lcf_7OLCNDk
16. Vasanthi Swetha              https://youtu.be/Gs2DU_JHa0M
17. Vatsala             https://youtu.be/F3oMeWQuDTc
18. Vinita Agrawal             https://youtu.be/W0JaZltYQ90
19. Sivakami Velliangiri             https://youtu.be/IIC3mxl9u80

Here is a link to the Four Good Words playlist on YouTube.

Know The Law - Sexual harassment at workplace :

As women try to fight economic disparity with men, a new form of crime emerges- sexual harassment at work place. Each incident of sexual harassment is also a violation of human rights, gender equality - fundamental rights enshrined in the constitution.

Gender equality includes protection from sexual harassment and right to
work with dignity, which is a universally recognised basic human right. The common
minimum requirement of this right has received global acceptance. The International
Conventions and norms are, therefore, of great significance in the formulation of the
guidelines to achieve this purpose.- Vishaka V State of Rajasthan . The judgement also set out guidelines which has till date been the norms for tackling sexual harassment at workplace.

The guidelines and norms prescribed herein area as under :-

Having regard to the definition of .human rights. in S. 2 (d) of the Protection
of Human Rights Act, 1993,
Taking note of the fact that the present civil and penal laws in India do not
adequately provide for specific protection of women from sexual harassment in work
places and that enactment of such legislation will take considerable time.
It is necessary and expedient form employers in work places as well as other
responsible persons or institutions to observe certain guidelines to ensure the
prevention of sexual harassment of women :

1. Duty of the Employer or other responsible persons in work places and
other institutions :
It shall be the duty of the employer or other responsible persons in work places
or other institutions to prevent or deter the commission of acts of sexual harassment
and to provide the procedures for the resolution, settlement or prosecution of acts of sexual harassment by taking all steps required.

2. Definition :
For this purpose,sexual harassment includes such unwelcome sexually
determined behaviour (Whether directly or by implication) as :
a) Physical contact and advances;
b) a demand or request for sexual favours;
c) sexually coloured remarks;
d) showing pornography;
e) any other unwelcome physical, verbal or non - verbal conduct of sexual
nature.
.
3. Preventive Step :
All employers or persons in charge of work place whether in the public or
private sector should take appropriate steps to prevent sexual harassment. Without
prejudice to the generality of this obligation they should take the following steps:
(a) Express prohibition of sexual harassment as defined above at the work
place should be notified, published and circulated in appropriate ways.
(b) The Rules/Regulations of Government and Public Sector bodies relating
to conduct and discipline should include rules/regulations prohibiting sexual harassment and provide for appropriate penalties in such rules against the offender.
(c) As regards private employers steps should be taken to include the
aforesaid prohibitions in the standing orders under the Industrial Employment (Standing Orders) Act, 1946.
(d) Appropriate work conditions should be provided in respect of work, leisure,
health and hygiene to further ensure that there is no hostile environment towards
women at work places and no employee woman should have reasonable grounds to
believe that she is disadvantaged in connection with her employment.

4. Criminal Proceedings :
Where such conduct amounts to a specific offence under the Indian Penal Code
or under any other law, the employer shall initiate appropriate action in accordance
with law by making a complaint with the appropriate authority.
In particular, it should ensure that victims, or witnesses are not victimized or
discriminated against while dealing with complaints of sexual harassment. The victims
of sexual harassment should have the option to seek transfer of the perpetrator or
their own transfer.

5. Disciplinary Action :
Where such conduct amounts to misconduct in employment as defined by the
relevant service rules, appropriate disciplinary action should be initiated by the
employer in accordance with those rules.

6. Complaint Mechanism :
Whether or not such conduct constitutions an offence under law or a breach of
the service rules, an appropriate complaint mechanism should be created in the
employer’s organization for redress of the complaint made by the victim. Such
complaint mechanism should ensure time bound treatment of complaints.

7. Complaints Committee :
The complaint mechanism, referred to in (6) above, should be adequate to
provide, where necessary, Complaints Committee, a special counsellor or other support
service, including the maintenance of confidentiality. The Complaints Committee should be heated by a woman and not less than half of its member should be women. Further, to prevent the possibility of any undue pressure or influence from senior levels, such Complaints Committee should involve a third party, either NGO or other body who is familiar with the issue of sexual harassment.The Complaints Committee must make an annual report to the Government department concerned of the complaints and action taken by them.

8. Workers. Initiative :
Employees should be allowed to raise issues sexual harassment at workers.
meeting and in other appropriate forum and it should be affirmatively discussed in
Employer - Employee Meetings.

9. Awareness :
Awareness of the rights of female employees in this regard should be created
in particular by prominently notifying the guidelines ( and appropriate legislation when enacted on the subject ) in a suitable manner.

10. Third Party Harassment :
Where sexual harassment occurs as a result of an act or omission by any third
party or outsider, the employer and person in charge will take all steps necessary and reasonable to assist the affected person in terms of support and preventive action.

11. The Central / State Governments are requested to consider adopting
suitable measures including legislation to ensure that the guidelines laid down by this order are also observed by the employers in Private Sector.

12. These guidelines will not prejudice any rights available under the
Protection of Human Rights Act, 1993.

Know the Law-Dowry and the Indian legal system

According to the Webster,s New Dictionary, dowry means “the money, goods or estate which a woman brings to her husband in marriage, the portion given with the wife”.

Section 2. Definition of `dowry’.-In this act, `dowry’ means any property or valuable security given or agreed to be given either directly or indirectly-

(a) by one party to a marriage to the other party to the marriage; or
(b) by the parents of either party to a marriage or by any other person, to either party to the marriage or to any other person;
at or before or any time after the marriage in connection with the marriage of said parties but does not include dower or mahr in the case of persons to whom the Muslim Personal Law (Shariat) applies.
Explanation II.-The expression `valuable security’ has the same meaning as in Sec. 30 of the Indian Penal Code (45 of 1860).

Reason
For giving or taking dowry ----- 5 years, fine or amount of dowry whichever is more

For demanding dowry ------ 6 months extending to 2 years and fine

The Supreme Court in S.Gopal Reddy V State of A.P held that a demand made before marriage also amounts to an offence under Section 4 of the Act.

Any agreement pertaining to dowry is void and burden of proof is always on the person accused of demanding or taking dowry. Dowry prohibition officers are appointed under Section 8 of the Act. Two offences namely dowry death and cruelty has been introduced in the IPC to deal with harassment pertaining to dowry.

304B. Dowry death.- IPC
(1) Where the death of a woman is caused by any burns or bodily injury or occurs otherwise than under normal circumstances within seven years of her marriage and it is shown that soon before her death she was subjected to cruelty or harassment by her husband or any relative of her husband for, or in connection with, any demand for dowry, such death shall be called "dowry death" and such husband or relative shall be deemed to have caused her death.

Explanation:-For the purpose of this sub-section, "dowry" shall have the same meaning as in section 2 of the Dowry Prohibition Act, 1961 ( 28 of 1961).

(2) Whoever commits dowry death shall be punished with imprisonment for a term which shall not be less than seven years but which may extend to imprisonment for life.]

498A. Husband or relative of husband of a woman subjecting her to cruelty.

Whoever, being the husband or the relative of the husband of a woman, subjects such woman to cruelty shall be punished with imprisonment for a term which may extend to three years and shall also be liable to fine.

Explanation-For the purpose of this section, "cruelty" means-
(a) Any willful conduct which is of such a nature as is likely to drive the woman to commit suicide or to cause grave injury or danger to life, limb or health whether mental or physical) of the woman; or

(b) Harassment of the woman where such harassment is with a view to coercing her or any person related to her to meet any unlawful demand for any property or valuable security or is on account of failure by her or any person related to her meet such demand.]

The Indian Evidence Act and Dowry:

113B. Presumption as to dowry death - When the question is whether a person has committed the dowry death of a women and it is shown that soon before her death such woman had been subjected by such person to cruelty or harassment for, or in connection with, any demand for dowry; the court shall presume that such person had caused the dowry death.

Explanation - For the purposes of this section, "dowry death" shall have the same meaning as in section 304B of the Indian Penal Code (45 of 1860).

Know the Law - Prostitution, trafficking and the Indian woman:

“Women found in flesh trade, should be viewed more as victims of adverse socio-economic circumstances rather than offenders in our society. The commercial exploitation of sex may be regarded as a crime but those trapped in custom oriented prostitution and gender oriented prostitution should be viewed as victims of gender oriented vulnerability.” Goes the Supreme Court in Gaurav Jain V Union of Indian.

The constitution under Article 23 mandates prohibition of trafficking and all forms of exploitation. India being a signatory to the international Convention for the Suppression of Traffic in Persons and Exploitation, 1950 passed a Central law to implement the provisions of the convention. In 1956 the Immoral Traffic in Women and Girls Act known as SITA, was passed and after amendments it is now known as Immoral Traffic (Prevention) Act.

Section 2:

Definitions.—In this Act. unless the context otherwise requires—
(a) “brothel“ includes any house, room, conveyance or place, or any portion of any house, room, conveyance or place, which is used for purposes of sexual exploitation or abuse for the gain of another person or for the mutual gain of two or more prostitutes;

(aa) “child“ means a person who has not completed the age of eighteen years;

(b) “corrective institution“ means an institution, by whatever name called (being an institution established or licensed as such under Section 21), in which persons, who are in need of correction, may be detained under this Act, and includes a shelter where under trials may be kept in pursuance of this Act;

(f) “prostitution“ means the sexual exploitation or abuse of persons for commercial purposes or for consideration in money or in any other kind, and the expression “prostitute” shall be construed accordingly;

(g) “protective home“ means an institution, by whatever name called (being an institution established or licensed as such under Section 21), in which persons who are in need of care and protection, may be kept under this Act and where appropriate technically qualified persons, equipments and other facilities have been provided but does not include,—

(i) a shelter where under trials may be kept in pursuance of this Act, or
(ii) a corrective institution;

(h) “public place“ means any place intended for use by, or accessible to, the public and includes any public conveyance;
(i) “special police officer” means a police officer appointed by or on behalf of the State Government to be in charge of police duties within a specified area for the purpose of this Act;

(j) “trafficking police officer“ means a police officer appointed by the Central Government under subsection


Punishment is also prescribed for seduction, detaining a person in a place where prostitution is carried on, for keeping a brothel and living on the earnings of prostitution. Special police officers can even arrest without warrants if it so demands. More often these powers bestowed on officers and biased view on prostitution leads to torture of the people involved in this profession.

Know the Law - PCPNDT Act

India is not known for its high standard of gender equality. A standing example is the prevalence of rampant female foeticide throughout the country. The implementation of the PCPNDT Act (Pre-Conception and Pre-Natal Diagnostic Techniques Act) is another way to try and placate the radical scenario with respect to female foeticide. This Act tries to control the misuse of sex determination techniques. Its the irony of ironies that one on hand we are technologically moving ahead but on the other we are grossly misusing the technology to not give a child the basic right, a chance to live. The use of technology to such perverse measures does not really speak highly of the Indian mentality with regards to the girl child.

The statistics are also a cause for concern.
YEAR - SEX RATIO
Females per 1,000 males
1901 - 972
1911 - 964
1921 - 955
1931 - 950
1941 - 945
1951 - 946
1961 - 941
1971 - 930
1981 - 934
1991 - 927
2001 - 933
Source: Census of India, 2001.

If we are to take a look at the census report we would agree with the serious issues raised by raised by the Supreme Court in CEHAT Vs Union of India.

The Supreme Court, taking a serious view of the onslaught of sex-selective discriminatory practices by the medical fraternity, and the connection it may have with the use of pre-natal sex determination, directed the Centre to implement the PC & PNDT Act in all its aspects. The order came following a public interest petition filed by the centre for the Enquiry of Health and Allied Themes (CEHAT), the Mahila Sarvangeen Utkarsh Mandal (MASUM) and Dr. Sabu George, who had done extensive research in this area.

Salient Features of the Act:

The Act provides for prohibition of the technique for sex determination of the foetus, prohibits the advertising of the technique and also provides for regulation of the technique including penalties for offending parties.
The exceptional circumstances for the usage of the technique includes:
detection of any of the following abnormalities, namely:—
(i) chromosomal abnormalities;
(ii) genetic metabolic diseases;
(iii) haemoglobinopathies;
(iv) sex-linked genetic diseases;
(v) congenital anomalies;
(vi) any other abnormalities or diseases as may be specified by the Central Supervisory Board;

any of the following conditions are to be fulfilled, namely:—

(i) age of the pregnant woman is above thirty-five years;
(ii) the pregnant woman has undergone of two or more spontaneous abortions or foetal loss;
(iii) the pregnant woman had been exposed to potentially teratogenic agents such as drugs,
radiation, infection or chemicals;
(iv) the pregnant woman or her spouse has a family history of mental retardation or physical
deformities such as, spasticity or any other genetic disease;
(v) any other condition as may be specified by the Central Supervisory Board;

Section 5 of the Act also insists on the importance of women’s written consent. Section 24 lays down that unless the contrary is proved the court shall presume that a pregnant woman was compelled by her husband or relatives to undergo the test and such person shall be held for abetment of the offence.

The Act also provides that the Genetic counselling centres and clinics will be registered under the Act and will be under the scanner. The Central Supervisory Board will advice and aid in implementation of policy matters with regards to the Act. There is also an Advisory Board in place to facilitate smooth functioning of the Act. The offences under this Act are non-bailable, non-compoundable and cognizable.
It is very sad indeed that the unprotected so-called burdensome girl child needs a legislation to protect every human’s basic right- the right to live. Is this a mark of civilization is the question every Indian should be asking.

Know the Law - Indian Constitution and Women

The constitution is the basic document guaranteeing our rights, duties and declares the principles governing the operations of the organs of the Government. The Indian constitution guarantees political, economic and social rights to its citizens, special provisions are also made n the constitution for women and children.

Article 14 guarantees right to equality and Article 15 provides that there will be no discrimination on the grounds of sex. Article 16 provides equal opportunities for all and prohibits discrimination against women.

Article 15 :

Prohibition of discrimination on grounds of religion, race, caste, sex or place of birth

(1) The State shall not discriminate against any citizen on grounds only of religion, race, caste, sex, place of birth or any of them

(2) No citizen shall, on grounds only of religion, race, caste, sex, place of birth or any of them, be subject to any disability, liability, restriction or condition with regard to

(a) access to shops, public restaurants, hotels and palaces of public entertainment; or

(b) the use of wells, tanks, bathing ghats, roads and places of public resort maintained wholly or partly out of State funds or dedicated to the use of the general public

(3) Nothing in this article shall prevent the State from making any special provision for women and children

(4) Nothing in this article or in clause ( 2 ) of Article 29 shall prevent the State from making any special provision for the advancement of any socially and educationally backward classes of citizens or for the Scheduled Castes and the Scheduled Tribes

Justice Krishna Iyer stroke down the arguments put forth in favour of women employees compulsory retiring in case of marriage in the case of Air India Vs Nargis Dutta. Article 15 was used to prove that discrimination against women on the basis of sex. Another landmark judgement which paved the way for gender equality was the case of Gita Hariharan Vs Reserve Bank of India. For the first time the court recognized that the mother can be the natural guardian of a minor.

Article 21 guarantees right to life and liberty. An LIC questionnaire which sought to know about the menstrual cycle of women candidates was consideres a violation of Article 21 in the case of Neera Mathur Vs LIC. The unforgettable Vishaka Vs State of Rajasthan reiterated the need for laws on sexual harassment and right to work with dignity as recognized by the Indian Constitution.

Right against exploitation is recognized under Article 23 of the Indian Constitution. The Article prohibits trafficking.

The Directive Principles of State Policy also can be used to reiterate our rights but unfortunately these rights as guaranteed by the directive principles are not enforceable. Article 39 guarantees equal pay for equal work for men and women.

Article 39

Certain principles of policy to be followed by the State: The State shall, in particular, direct its policy towards securing

(a) that the citizens, men and women equally, have the right to an adequate means to livelihood;

(b) that the ownership and control of the material resources of the community are so distributed as best to subserve the common good;

(c) that the operation of the economic system does not result in the concentration of wealth and means of production to the common detriment;

(d) that there is equal pay for equal work for both men and women;

(e) that the health and strength of workers, men and women, and the tender age of children are not abused and that citizens are not forced by economic necessity to enter avocations unsuited to their age or strength;

(f) that children are given opportunities and facilities to develop in a healthy manner and in conditions of freedom and dignity and that childhood and youth are protected against exploitation and against moral and material abandonment

Women’s representation in local bodies is guaranteed by the 73rd and the 74th amendments. Thus the Indian Constitution offers adequate rights to women, its implementation is however the question lingering on all minds.

Know the law

The Prajnya 16 Days Campaign against Gender Violence begins TODAY.

We're delighted to announce the launch of a new series on this blog, 'Know the law', by Sandhya Ramaswamy, one of our volunteers who is a law student at ILS Law College in Pune. Over the next 16 days, Sandhya will outline and explain the basic provisions of several laws related to the issue of gender violence and violence against women.

For the last two decades, there has been sustained lobbying and advocacy by women's organisations, for effective legislation. As a result, India has several strong laws on many different of violence including pre-natal sex selection and domestic violence. A law on workplace sexual harassment and substantial revisions to legislation on rape are also in the pipeline.

It is up to each one of us to become legally literatre, to know our laws, understand how we can use them. Of course, legislation isn't a one-step solution - there are issues related to effective implementation of the laws as well as other concerns outside the judicial sphere.

But the fact is, this is a critical step towards eliminating violence against women. So follow the Campaign Chronicle, know your laws and of course, feel free to give us any relevant feedback.

In the news: woman raped by police officer gets relief after 25 years

In 1984, when Rajalakshmi was 28 years old, she was raped by a police inspector, when she had gone to file a complaint at a police station along with her husband. Twelve years later, in 1996, a trial court sentenced the policeman to 11 years in prison. An additional thirteen years later and twenty five years after the rape (and probably after the rapist has been released from prison), the Madras High Court has ruled that the state government must compensate her for the long, protracted legal struggle, during which time she was forced to sell her house and other possessions.

Rajalakshmi's story illustrates the shortcomings in our legal systems, where speedy justice is largely unobtainable. This automatically becomes a deterrent, ensuring that fewer women are inclined to report crimes, whether rape or sexual assault or harassment.

Rape victim gets compensation after 25 years, The New Indian Express, 19 November 2009

After 25 years, woman raped by police officer gets relief , The Hindu, 19 November 2009