Day 15: Love, Honour and Law: A roundtable on draft legislation on crimes in the name of honour

On December 9, 2022, 15th day of the 2022 Prajnya 16 Days Campaign Against Gender Violence hosted an online roundtable discussion on the draft bill on 'Prevention of Crimes in the Name of Honour' that is being shared by Vincent Raj K. for debate in the Tamil Nadu Assembly. Seeing this as a national issue, a panel of discussants from around India was invited. Shalin Maria Lawrence facilitated the session. You may find a saved copy of the recording here.

"As a person from the marginalised community, the Dalit community, Tamil Nadu has been a welfare state more than a progressive state, in terms of state. And, I talk with data - we have the social and economic indicators.", said Shalin Maria Lawrence, as she opened the discussion. She added that, "If you compare with the honour killings in UP, Madhya Pradesh, or in the northern parts of the Hindi belt of India, the nation does not know the number of honour crimes which happen in Tamil Nadu. For example, the inter-caste marriages is only 1%, or less than 1% in Tamil Nadu. You can call yourself a Periyar land, or a very progressive state, but then, why is your inter-caste percentage very, very less? So, the amount of inter-caste marriages is directly proportional to the violence happening on inter-caste couples."

Kathir Vincent Raj, Evidence:

• "Honour crimes are taking place all over India. Honour killing, honour torture, honour humiliation, mob violence for the sake of arrogance, etc are taking place here. I would like to begin by thinking loudly and raising a question on our usage of the term honour. We call honour crimes as honour crimes because they are committed with an aim to protecting the honour of the family...I think it is time we shake this regressive idea from its roots and rather call it dishonourable."
• "This bill, first and foremost, seeks to offer protection against victimisation in the name of honour. In the instance of such a crime, the bill outlines the extent of punishment to be given to the perpetrators and the compensation and rehabilitation to be given to the survivors. It also details the protective measures to be implemented, apart from detailing the various kinds of victimisation like murder, social and economic boycotts."
• "I am pointing out that not just caste but patriarchy also plays a role in the killing in the name of honour; this draft bill is also about gender justice."

Abirami Jotheeswaran:

• "Coming back to patriarchy, I would like to link it to caste and gender hegemony - how is this impacted? We all know that there is intersectionality in terms of caste and gender. Here, Dalit women are at the bottom. They don't have any rights or privilege, and if they are involved in these activities, then, we have been seeing lot of cases of murders, not just in Tamil Nadu, but all over the country."
• "In reality, (we have to see) how many cases are reported, how many cases are suicide cases, so many cases are made to be an attempt to rape and has been booked under false charges. These are the situations that I would like to point out."
• "I would like to give some suggestions (on the draft bill). One is mental trauma. Whatever the shelter home the woman is accessing, the status of the mind is very, very bad. They (women) cannot trust anyone. When parents become the culprits, then definitely they cannot believe anybody. So the mental trauma - how to handle it, how to counsel them, these aspects have to be covered. Secondly, police inaction. Police is not acting and taking the bribe...When there is negligence in the duty of the police, there should be some punitive measure...And, I would also say that there should be a national authority who are taking up the monitoring and better implementation of these kinds of legislations. So, I would like to focus on these three things."

Suresh V:

• "The role of culture and the role of patriarchy gets intertwined with gender identities. And, how this plays a very, very big role in whether a person can live or now, and how they can live, and how they will have to survive. And that is at the bottom of the issue underlying the larger issue of honour killings."
• "Fundamental to the issue we are talking about is the issue of choice. The choice exhibits itself in multiple ways."
• "We need to look at this law a little bit more carefully in terms of what has worked and what has not worked with regard to SC and ST (POA) Act."

Dr. Manisha Gupte:

• "I just want to say this loud and clear, that a victim can never be theirs. And the rapist can never be ours. But imagine, when rape happens, people take that position. Now imagine when a girl or a boy marries against the wishes of the family."
• "In a country, the mere identity itself can become a point to kill, that itself allows punishment, that itself allows punishment by the police...So we know just the identity can be an issue. So then, what happens when you exercise your choice? To do something further by saying I am associating with someone who is from this identity? So then, we have to go to the basic question of identity...Identity comes as a part of our mobility from a very controlling system where nobody in the family has an identity except the patriarch."

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Shalin Maria Lawrence (Moderator): Shalin Maria Lawrence is a social activist, Intersectional feminist, writer and orator. Belong to the oppressed community, she has been working towards empowering the Dalit Women and LGBTQ+ since 2012. She has worked with the Transgenders Rights Organization and has won the "Day of compassion" award from the Jane Goodall foundation. She has been working with the Dalit communities of the north Madras region, especially in and around Vyasarpadi where I has helped in the setting up of libraries, conducting campaigns and awareness programs towards Education and child rights from 2015. She has also been working with the Dalit women and children in the Dharavi Region of Mumbai since 2016. She has set up a library and has been conducting awareness workshops on women's rights and leadership and the annihilation of caste. For the last two years, she has been conducting regular workshops and training on violence on women, women rights and women leadership among the rural dalit women in and around Madurai and Chennai. She is a writer in English and Tamil and currently publishes her articles in popular magazines and news websites.

Kathir Vincent Raj (Presenter): Kathir Vincent Raj has been working in the field of human rights for over 25 years. A Dalit himself, his witnessing and experiencing caste based discrimination from his childhood triggered his determination to fight against the caste system and caste based atrocities against Dalits. From an initial career as a writer on the experiences of the socially marginalized, he later shifted to rights based interventions, especially human rights monitoring and legal and advocacy interventions. This work experience and a commitment to Dalit rights eventually led him to initiate an independent organization, Evidence in 2005 to fight against caste discrimination and for social justice and equality.

Ms. Abirami Jotheeswaran (Discussant) has been associated with National Campaign on Dalit Human Rights-NCDHR, New Delhi, India since December 2005. Presently Ms. Abirami Jotheeswaran has been serving as the General Secretary of All India Dalit Mahila Adhikar Manch-NCDHR, New Delhi. She herself hails from Dalit Community, very actively involved and committed towards the empowerment of Dalit community. Abirami is a post graduated in Computer Science from University of Madras. Currently, she is pursuing her final year Law degree. Placing her in the organization, her primary responsibilities is to Plan, Monitor and Execute Programs related to Promotion of Dalit Women Leadership and Addressing Violence against Dalit women and minor girls in 7 States across the country. At the international level Abirami Jotheeswaran participated in World Social Forum 2007 held at Nairobi, Kenya and South Africa in 2007, to raise the Dalit concern in the forums. She raised her concern on the Police atrocities committed against Dalits and Dalit Women in 18th EU-NGO Human Rights Forum 2016, Brussels. Abirami Jotheeswaran, actively raised the issues related to Violence against Dalit women and the impunity subsists in India in the 41st UN HR Council at Geneva in the month of July 2019. Under her leadership, AIDMAM recently published a Status Report 2021 - “Dalit Women Rise for Justice” with the confidence that the report will be useful to the government while taking steps to improve Dalit Women’s condition in India through effective implementation of the existing Acts and policies.

V Suresh (Discussant): V. Suresh is a lawyer, Madras High Court; National General Secretary, People's Union for Civil Liberties (PUCL) one of Indias' oldest and largest national level human rights organisation. Earlier served as Supreme Court appointed Adviser on Food Security for Tamil Nadu. Worked for 7 years as a full time activist with the Kashtakari Sanghatana (in Maharashtra) amongst Warli Adivasi marginal farmers and agricultural labourers. Recently appeared in Kannagi - Murugesan Honour Killing case for murdered Dalit Murugesan's family before the Madras High Court.  On June 6th, 2022, the Madras HC confirmed the conviction of Kannagi's father, brother and other relatives belonging to Caste Hindu community invovled with the killing, though the HC commuted the death penalty of brother to life sentence.

Dr. Manisha Gupte (Discussant): Dr. Manisha Gupte has been part of the women's movement in India since the mid 1970s; She has also been an activist in the health and civil rights movements. She studied Microbiology (MSc) and then, Sociology. Her PhD thesis was on the concept and practices of patriarchal honour, and how it intersects with caste, sexuality, violence and the agency of subordinated women. She co-founded MASUM, a rural women's organisation in 1987, after living in a drought prone rural area for five years, and has been its co-convenor since then. She spent one year (1997-98) in the Dept. of International Health at the Johns Hopkins University, Baltimore as a visiting fellow. She is actively associated with progressive organisations nationally, regionally and internationally as an advisor, board member or trainer (especially on gender, violence, sexuality, CEDAW and ESC rights). She has participated in, and promoted campaigns related to women's health; reproductive, sexual and minority rights; and, violence against women. She has worked on policy issues with the state and central governments in India over the past three decades. She is the Managing Trustee of Medico Friend Circle (MFC), a 40 year old autonomous health professionals’ group in India, and was the coordinator of the '10th International Women and Health Meeting (IWHM)', held in New Delhi in September 2005. She also coordinated the process towards the preparation of 'The Indian Women’s Health Charter'. She has co-edited a book (2102) titled ‘Honour’ and Women’s Rights: South Asian Perspectives. This book includes 15 papers, highlighting complementary feminist positions from seven countries.

Day 14: Domestic violence and access to justice: Regional perspectives

On the 14th day of the 2022 Prajnya 16 Days Campaign Against Gender violence, we organised the "Domestic violence and access to justice: regional perspectives" panel discussion. South Asian states have passed laws on domestic violence but survivors still struggle to access justice. This panel brought together the experiences of Bangladesh, Pakistan, Sri Lanka and India. Watch a saved copy of the recording here.

Panelists: Sara Hossein, Bangladesh Legal Aid and Services Trust; Saba Shaikh, Dastak, Pakistan; Ermiza Tegal, lawyer, Sri Lanka; Shazia Choudhry, Oxford University and Philippa Williams, Queen Mary University of London. The session was facilitated by Suneeta Dhar.

This panel is part of the project Surviving Violence: Everyday resilience and gender justice in rural-urban India funded by the British Academy Heritage Dignity and Violence Programme HDV190009. Research partners: Queen Mary University of London, Chaitanya-The Policy Consultancy, Indian Institute of Technology Bombay, Institute of Development Studies Kolkata, Nari Samata Manch and University of Oxford.

"It almost seems like the COVID  pandemic underscored the structural nature of gender inequalities within and across countries, and it essentially brought to light the invisible, unrecognised pandemic of gender-based violence, domestic violence and intimate partner violence. I hate the word shadow-pandemic; I think that domestic violence is not a shadow pandemic. That it was given visibility during this time by the UN and other agencies speaks of how little attention this issue has got over time", Dr. Suneeta Dhar said, as she opened the session.

Shazia Choudhry, Oxford University and Philippa Williams, Queen Mary University of London:

• "PWDVA (2005) encompasses the broader definition of violence; it is not just about physical violence, but also about emotional, psychological, financial and sexual violence as well."
• "There were also problematic attitudes in terms of lawyers, unfortunately. Survivors' opinions about lawyers were actually mixed. In a few cases, survivors found their lawyers to be helpful, didn't charge them high fees and followed up their cases. Survivors who accessed their lawyers through NGOs had fairly positive feedback about their lawyers."
• "There are huge barriers to accessing formal justice. And, as a result, women, therefore, are more likely to turn to the informal mechanisms that actually exist. And, the most commonly accessible and prominent body was the panchayat."

Sara Hossein, Bangladesh Legal Aid and Services Trust

• "I think some of the crucial points about our (Bangladesh's) framework is that although we have this strong, constitutional mandate for equality, we, of course, know that, there lives, alongside, a lot of very contradictory, continuing, persistent discrimination in terms of the legislation, and that we have a legislative framework which inhabits three different centuries."
• "One of the really challenging limits of our legislation, in addition to the exclusions already mentioned about people with disabilities and sexual minorities is the exclusion of divorced women from the ambit of the protection of the domestic violence law."
• "While there is an increased awareness of domestic violence as a wrong, for which remedies are available, there is very little awareness of what those remedies are and very little awareness of where you can go to access services for remedies and protection."

Saba Shaikh, Dastak, Pakistan:

• "Mostly, women in Pakistan resolve issues by going to the locals or elders in the community. If, for example, that doesn't work out, then they will reach out to relatives or friends within the community who can possibly link them to other possible options."
• "Women's rights of freedom and choice and movement are severely restricted in the name of modesty or protection and they consider to epitomize honour and therefore any sort of measure that they take for their rights seems like they are bringing dishonour to the family."
• "Oftentimes there are judicial pronouncements which reflect the negative bias; we have had a lot of cases and judgements where you see the judges are using their own sort of subjective morality instead of really looking at the law."

Ermiza Tegal, lawyer, Sri Lanka

• "During the COVID pandemic, for example, and the lockdown restrictions, we only noticed that advisory services was what was possible. And then, all of the actual services required, even to come out of the house, to come out of your environment of abuse or environmental violence was not possible for women."
• "Sri Lanka also needs to be considered in its socio-political context of violence and impunity so there's a long history of violence, even today, with the Prevention of Terrorism Act being used against protestors in Sri Lanka."
• "Laws are really imperfect tools because they are products of our socio-political systems and we recognise this when we work with it. The Domestic Violence Act sits amongst laws that are very unfair on people, and they don't recognise the experiences of women, like cyber violence, care work is not recognised, abortion is an issue that still needs to be addressed, marital rape is explicitly recognised."

About the Speakers:

1. Sara Hossain is a Senior Advocate at the Supreme Court of Bangladesh, practicing in the areas of constitutional, corporate and family law. She is a partner at the law firm of Dr. Kamal Hossain

and Associates, and also serves pro bono as the Honorary Executive Director of the Bangladesh Legal Aid and Services Trust (BLAST). She is currently a Professor of Practice at SOAS, University of London. She is a Bencher of the Middle Temple. Sara was educated at Wadham College, Oxford (1988), and called to the Bar from Middle Temple (1989), then enrolled in the High Court Division of the Supreme Court of Bangladesh (1992) and the Appellate Division of the Supreme Court (2008). She has been involved in landmark cases and campaigns on gender equality (‘fatwa’ violence discriminatory rape laws,sexual harassment), prohibition of corporal punishment in schools, protection against torture and freedom of expression. Sara has received awards for her work from the Lawyers’ Committee for Human Rights, the US State Department (Women of Courage), ‘Ananya’ magazine (Top Ten), and was selected as a World Economic Forum Fellow and an Asia 21 Fellow.

2. Saba Shaikh is trained as a lawyer and also holds a degree in public policy. She works as a human rights advocate with over 14 years of experience in implementing and improving response strategies for those facing abuse, gender based violence or denial of their fundamental rights through provision of legal aid, training and community awareness. She is currently the Executive Director of Dastak Charitable Trust, an access to justice center for women and children that, among other programs, runs the only private shelter in the country for women and girls at extreme risk of violence. Saba has executed projects for a range of international organizations including Oxfam, Open Society Foundations, DFID, KIOS Foundation, and USAID among others. Saba is an Atlantic Council Emerging Leaders of Pakistan (ELP) Fellow 2012, Asia Society (India Pakistan Young Leaders Initiative) Fellow 2013 and US State IVLP Fellow 2019.

3. Suneeta Dhar is a Gender and Development Specialist with over four decades of experience on advancing women’s human rights. She has worked with community based civil society organizations as well as with international organizations. She is an external member of a few Internal Committees on Sexual Harassment of government and civil society organizations. Suneeta holds a Master’s degree in Social Work from the Tata Institute of Social Sciences, Mumbai, and has been a recipient of the Fulbright and Advocacy Institute Fellowships for Development Practitioners. She has co-authored research studies, training manuals, and papers on women’s safety, gender and SDGs, transformative governance and women’s rights. Suneeta was recognized by Apolitical’s 100 Most Influential People in Gender Policy in 2021.

4. Philippa Williams is research and teaching intersects political, economic and development geography, with a focus on everyday political life in India and its transnational community. More specifically, she interested in questions concerning how the state is experienced, how citizenship is articulated and how marginality, particularly in the context of violence/nonviolence is lived and increasingly how digital technology is mediating everyday political life in India. In the UK research she has also explored the lived implications of the Indian emigration state and the UK government’s hostile immigration policy for recent South Asian migrants.She is Primary Investigator on two live projects:1) Social media and everyday life in India with Lipika Kamra examines how WhatsApp is shaping everyday political life from the family to political party and the nation. The initial phase of this research was funded by WhatsApp. We are now embarking on a second phase focused on lived experiences of digital privacy in India.

5. Shazia Choudhry is Professor of Law and the Jeffrey Hackney Tutorial Fellow in Law at Wadham. She is also an Academic Bencher and Associate Academic Fellow at the Inner Temple.Her research is focused on gender, human rights and violence against women and seeks to examine various dimensions of these areas from an interdisciplinary and feminist perspective. In doing so she employs doctrinal, theoretical and empirical methods. Her scholarship sits at the interface of criminal law, human rights law and family law.She has published three books. 

6. Ermiza Tegal has a Masters in Law from the School of Oriental and African Studies (SOAS) in London. She has 15 years of litigating in public law, fundamental rights, land, labour and family law. She has served as a legal expert on State advisory committees on law reform. Her recent advocacy and research work involves law reform relating to family law, domestic violence, protection for victims of torture, counter terrorism and human rights, gender based violence and a people’s land policy. She is a founder member of Muslim Personal Law Reform Action Group advocating muslim family law reforms. She is also currently a visiting fellow with the Harvard Law School Program on Law and Society in the Muslim World and a member of the Feminist Collective on Economic Justice in Sri Lanka.

Day 9: Visual Representations of Gender-Based Violence

On the ninth day of the 2022 Prajnya 16 Days Campaign Against Gender-Based Violence, photographers Vidya Kulkarni and Priyadarshini Ravichandran, aimed to answer the question "What are appropriate ways to represent gender-based violence visually?", in a session facilitated by Dr. Philippa Williams, Queen Mary University of London. Click here to watch a saved video of the discussion.

This discussion is part of the project Surviving Violence: Everyday resilience and gender justice in rural-urban India funded by the British Academy Heritage Dignity and Violence Programme HDV190009. Research partners: Queen Mary University of London, Chaitanya-The Policy Consultancy, Indian Institute of Technology Bombay, Institute of Development Studies Kolkata, Nari Samata Manch and University of Oxford. 

"If you Google domestic violence images, you will come across images that sensationalise physical violence, depicting bruised and battered women and posing male aggressors to be carrying a belt in their hand...In the brief, we invited photographers to make photos that did not sensationalise violence or show women as battered and bruised victims of violence....The photography and the practice and process behind the photos that has come out of our interaction together, we will be discussing on this panel today.", said Dr. Philippa Williams, introducing the photographers of the discussion, Vidya Kulkarni and Priyadarshini Ravichandran.

Vidya Kulkarni:

• "Photography, as a component, was appealing to me, because we all know the power of visuals and how strongly they communicate, especially in this time when a lot of visuals are consumed, more than the texts. But, though we know the power of visuals, our feminist movements contain mostly women's texts. Therefore this conscience obtained of this project to work with the photographers is really important."
• "Violence, as it is, remains invisible. And, within that, surviving strategies are also invisible. So, to focus on them visually is a really good idea. And, I think, there is a need for more such collaborative efforts and to create gender-sensitive visuals, if you want to offset the stereotypical images around gender in the mainstream and other media."
• "With this understanding - focusing on emotion, and focusing on domestic space, I took the photographs."

• "This photo, I feel that, women are always in the background. What they feel, and what they think is also not in the forefront, and it is in the background. Their happiness and well-being is judged from the outer change, the façade....when you actually are in the field, you work with whatever is in front of you; you create images from that. So, it is not like one has a fixed idea before going to the field. One has to be open to whatever is in front of you, and it is surprising because you can get unexpected results." (photograph on the right)

• "I felt, while reading the stories, that while women go through abuse and violence, they are thinking about the options. It is not that they are mutely at the receiving end. But, they do think, while they carry on their routine, everyday activities." (photograph on the left)
  

Priyadarshini Ravichandran:

• "It was also important for me to hear that their research and writing were about the heavy silence about gendered violence. That, sort of, really initiated this work for me. The conversations really made me understand that, yet again, I just needed to follow where the medium of photography was leading me to, rather than me making very thoughtful choices. So, I took on this challenge to enter something that was relatively unknown to me."
• "All of the stories they shared, their anger, their fears, their empathy and conviction towards the need for challenging patriarchy and deepening the understanding towards intimate violence really shook me. And, it somehow directly connected me to my own inner feminine self and the capacity of this inner self to hear what is unsaid, to see the invisible and feel what is not just my own lived experiences, but of a collective, powerful whole. This really gripped me."
• "My process was to go intuitively to places that communicated what is left and heard, what is mute when very loud, and I let myself be absorbed."

Adding to the discussion, Dr. Swarna Rajagopalan, pointing at the photograph on the right, mentioned that, "this one, for example, I am not sure where she took the photo, but to me, it looks like the outside of a temple - the cloth is silk, all sorts of things are bundled but the bundle is going nowhere. And, you know, the fact that it is such a big package speaks of the burden that survivors are carrying but they have nowhere to go, the package is too heavy, and they are stranded in a place that no one wants to claim. This literally looks like the middle of nowhere" 

About Dr. Philippa Williams: Philippa is a Reader/Associate Professor in Human Geography at Queen Mary University of London, UK. Her research is animated by everyday politics of the state, citizenship, violence/non-violence in India as well as the geopolitics of digital privacy through the case of WhatsApp. She currently leads two main projects “Surviving Violence: Everyday resilience and gender-justice in rural-urban India” www.survivingviolence.org and “The politics of WhatsApp” http://www.whatsapppolitics.org/

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 5: Collective Responsibility, Collective Action

Rapporteur: Farheen Nahvi

On day 5 of the 2022 Prajnya 16 Days Campaign Against Gender Violence, Women in Global Health hosted its third regional town hall on the Prevention of Sexual Exploitation, Assault, and Harassment (PSEAH), which focused on the Asian region, in collaboration with the Prajnya Trust. 

The event brought together representatives from CSOs, governments, international organisations, and activists to continue the conversation on the need to develop regional collaborative mechanisms and reaffirm our commitment to eliminate SEAH. 

The keynote remarks were delivered by Dr. Poonam Khetrapal Singh, Regional Director for WHO South East Asia; and Ms. Anis Haroon, the Sindh representative of the National Commission of Human Rights, Pakistan. The event was moderated by Ms. Anupama Srinivasan, Assistant Director at REACH, India. 

Other speakers and panelists included:

• Ann Keeling, Senior Fellow, Women in Global Health

• Dr Sabrina Rasheed, Scientist, ICCDR,B; and lead for the Bangladesh chapter of Women in Global Health

• Ms. Veenu Kakkar, Gender Expert & Trainer; PSEA consultant with UNICEF

• Mrs. Rizza Pamintuan, PGH Women’s Desk

• Sigma Huda, President of Bangladesh Women Lawyers Association (BNWLA); Founder & Secretary of Institute for Law and Development (ILD)

• Arfa Kamal, HELP Foundation Kashmir

• Ms. Sangeeta Rege, Director, CEHAT (Centre for Enquiry into Health and Allied Themes) 

Watch the video of the event here. 

Day 4: Surviving Violence: Everyday Resilience and Gender Justice Webinar

On the 4th day of the 2022 Prajnya 16 Days Campaign Against Gender violence, the 'Surviving Violence: Everyday Resilience and Gender Justice' webinar brought together the findings of a three-state research project on help-seeking experiences of domestic violence victim-survivors. The presentations were made by Girija Godbole, IIT Bombay and Preeti Karmarkar, Nari Samata Manch on Maharashtra; RNandini Ghosh, Supurna Banerjee (Institute of Development Studies Kolkata) on West Bengal; and Swarna Rajagopalan (Chaitanya) on Tamil Nadu. Shakthi S. (Prajnya) facilitated the event. You may find a saved copy of the recording here. 

This panel is part of the research project Surviving Violence: Everyday resilience and gender justice in rural-urban India funded by the British Academy Heritage Dignity and Violence Programme HDV190009. Research partners: Queen Mary University of London, Chaitanya-The Policy Consultancy, Indian Institute of Technology Bombay, Institute of Development Studies Kolkata, Nari Samiti Manch and University of Oxford.

Findings from Maharashtra: Girija Godbole (IIT Bombay), Preeti Karmarkar (Nari Samata Manch).

• "When we spoke to the survivors, almost 80% of them said that they had suffered all types of violence such as physical, sexual, emotional, verbal and economic. The most common reasons were liquor addiction and/or extramarital affairs of the husband, coupled with suspicion about the wife by the husband."
• "Most survivors said that the first persons they spoke to were typically their parents. For informal mediation, the first attempt is to organise a family meeting to discuss and resolve the issues."
• "In the rural sides, where we have tribal groups, we also saw that two survivors approached the tribal council in their villages. In one case, the survivor consulted the tribal council in her village, but she wasn't happy with the verdict. So, she approached the court. And, the tribal council wasn't very happy about the situation, that she went out of the village. And they put a lot of pressure on her to withdraw the case. She decided to go to a higher level of the tribal council, which is the circle council. There was one member there who was sensible and sensitive and took up her cause, and he tried settling the case. Then, she withdrew the case from the court, and she was satisfied with the verdict."
• "We asked them (survivors), what according to them is domestic violence?...their definition of domestic violence is very well consistent with the definition as given in PWDVA, 2005, that is, they recognise non-physical forms of violence also."
• "One very important suggestion, that came from a lawyer that we interviewed is that, PWDVA matters should be allowed in the family court. At present, they are heard by the Judicial Magistrate First Class."

Findings from Tamil Nadu: Dr. Swarna Rajagopalan (Chaitanya)

• "What emerges from the stories that we primarily heard from survivors but also from community members and service providers in the state, formal and informal, is really that, women are stuck. They are hemmed in by patriarchy, socio-economic inequities and escape hatches and drawbridges and support services that they do not know about, that they cannot access and that, sometimes, simply don't work. But still, the fact that 61 of them sat through the interview and told us their stories makes this also a story of resilience."
• "If the first question of intersectionality is, 'does this form of identity affect the experience of violence, of help-seeking, of access to justice', then the answers in our data, in Tamil Nadu, are not pronounced enough to headline the research"
• "We wanted to know how people coped/lived with violence and most women felt safest in their natal home, and most unsafe in their marital home."

Findings from West Bengal: Dr. Nandini Ghosh, Dr. Supurna Banerjee (Institute of Development Studies Kolkata)

• "We have not found any significant caste differences, but echoing the other two teams, what we have found is that there is never a single form of violence happening. What happens is that there are multiple kinds of violence. The verbal and physical are often taken for granted."
• "Legal aid, which is free, has largely been ineffective. So there has been lack of financial and infrastructural support from the state, and this is what the lawyers tell us. Most of the survivors too reiterated this."
• "While there are laws and institutions to protect survivors of domestic violence, there is an entire gamut, an entire structure (the informal help-seeking) that operates outside of this." 
• "It was evident that domestic violence was embedded in the social hierarchies of power, of dominant heteronormative, caste, class, and gender interests."

About the Speakers:

1. Supurna Banerjee is faculty in Institute of Development Studies Kolkata (IDSK). She researches labour, gender, violence, migration and intersectionality. Her monograph Activism and Agency in India: nurturing Resistance in Tea Plantations was published in 2017. She has published in various peer reviewed journals such as Gender, Work and Organisation, Oral History and JSAD. She has co-authored Limits of Bargaining: Capital, Labour and the State in India Violent Domestic: 𝙇𝙖𝙬, 𝙞𝙩𝙨 𝙋𝙧𝙖𝙘𝙩𝙞𝙘𝙚, 𝙖𝙣𝙙 𝙎𝙩𝙧𝙖𝙩𝙚𝙜𝙞𝙚𝙨 𝙤𝙛 𝙎𝙪𝙧𝙫𝙞𝙫𝙖𝙡.

2. Nandini Ghosh is Assistant Professor, Institute of devlelopment studies, Kolkata, PhD in Social Sciences, Tata Institute of Social Sciences, 2008. Books Published - Impaired Bodies, Gendered Lives: Everyday Realities of Disabled Women, New Delhi: Primus Publishers, 2016 Books Edited, Caste and Gender in Contemporary India: Power, Privilege and Politics, (Jointly with Supurna Banerjee), New Delhi: Routledge, 2019 Interrogating Disability in India: Theory and Practice, Springer, 2016 Pratyaha: Everyday Lifeworld: Dilemmas, Negotiations and Conflicts, (Jointly with Prasanta Ray), New Delhi: Primus, 2016., Hyderabad.

3. 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

4. Girija Godbole, Ghod Water Fund Lead at The Nature Conservancy and researched over areas of Anthropology, Gender, Natural Resource Management, Communication and uptake and she did her PhD at University of Cambridge, thesis title: “Selling land is the beginning of the end for us”: Understanding rural people’s perspectives on the impacts of increasing land sale in western Maharashtra, India, her publication are Godbole, G. (2014) ‘Revealing and concealing: ethical dilemmas of manoeuvring identity in the field’ in Lunn, J. (Ed.) Fieldwork in the Global South: Ethical Challenges and Dilemmas Abingdon, Oxon: Routledge pp: 85-95, Godbole G. (2006) Mendha (Lekha): A case study on self rule for sustainable natural resource management in Stakeholder Participation in Environmental Governance published by LEAD India, Godbole G. (2006) Building bridges for greener future: Analyzing Maharashtra State Participatory Forest Management Network in Insights from the field: studies in Participatory Forest Management in India, Winrock International India, Godbole G. & Vira B. (March 2004). Towards an alternative politics: People’s movements join the electoral process. InfoChange News & Features, India, Godbole G. (April 2003) Two women & a flying squad, InfoChange News & Features, India, Godbole G. (January, 2003) Free meals make them dependent, so should they go back to eating grass? InfoChange News & Features, India,Godbole G. (2002) Working paper on ‘Joint forest Management and Gender in India’ for Engendering Eden Project of the UK government

Day 1: The GVR 2022 Launch

We are delighted to launch the 2022 Prajnya Gender Violence in India Report (GVR), on the first day of the 2022 Prajnya 16 Days Campaign Against Gender Violence. For the launch of this year's GVR, we had with us, Kausumi Saha (author-curator of the 2022 GVR) and Dr. Saumya Uma (Professor, Jindal Global Law School). The session was moderated by Dr. S. Shakthi. You can watch a saved copy of the recording here.

Kausumi Saha, works as a Researcher and Project Coordinator at Gender at Work. She has a Master's degree in Sociology from the Delhi School of Economics and is currently working towards a second postgraduate degree in Psychology. Her research interests lie in the intersections of media, youth subcultures, gender, identity formation, and mental health. This is Kausumi's third year working on Prajnya's Gender Violence in India report.

• "The 2022 Prajnya Gender Violence in India Report takes stock of the state of gender violence in India using definitions, statistics (where available), and highlights of recent cases of gender-based violence that have appeared in the news."
• "Intersectionality is a framework that recognizes women are not a homogenous category and that they do not experience violence the same way...Keeping that in mind, and in our quest to make the report more intersectional, we have restructured the report very differently this year."
• "Part I of the Report: The Intersections of Gender-Based Violence presents an overview of five markers of identity that are relevant in the Indian context: caste and indigenous identities; queerness; old age; disability; and the experiences of religious minorities"
• "Dalit and Adivasi women face violence from the oppressor caste due to their caste/indigenous status and their gender and within their own community due to their gender identity. This is called double marginalisation. Additionally,
• all kinds of gender-based violence have an element of power attached to them. When we look at violence against Dalit and Adivasi persons, it is a demonstration of power and a weapon to reinforce the existing structural hierarchies."
• "There is also a large amount of symbolic violence that the queer population faced. This is in the form of non-recognition of their queer identities like the usage of wrong pronouns or deadnaming queer individuals."
• "There is little to no research on sexual violence against elderly women due to the shame and the stigma associated with it."
• "Women with disabilities are often financially and socially dependent on others for their survival and the perpetrators of violence are often caregivers, present either at homes or in institutional settings."
• "We have seen that any kind of large-scale communal violence is almost always accompanied by an aspect of sexual violence."

Dr. Saumya Uma, professor at Jindal Global Law School and the Director, Centre for Women's Rights (JGLS) followed Kausumi's presentation with a talk on the report. Prof. (Dr.) Saumya Uma is a Professor at Jindal Global Law School and heads its Centre for Women’s Rights. She has over 28 years’ combined work experience as an academic, law researcher, lawyer, trainer, writer and campaigner on gender, law and human rights. She has served as a research consultant on human rights, with international agencies such as the United Nations Development Fund (UNDP), United Nations Office of the High Commissioner on Human Rights (UNOHCHR) and the International Commission of Jurists (ICJ). Additionally, she worked as the National Coordinator of ICC-India: the anti-impunity campaign on International Criminal Court and its relevance to India – from 2000 to 2010. Dr. Uma teaches and researches at the intersection of gender, human rights and the law. In particular, she writes on feminist jurisprudence; international criminal justice and its relevance to India; victim and witness protection; justice and accountability for mass crimes; South Asian women’s movements and the feminist envisioning of justice; human rights law and lawyering; gender-based violence and reparative justice; access to justice; social exclusion and marginalization; clinical legal education; and feminist pedagogy.

• "One of my first observations is on the aspect of Kidnapping and Abduction of Women and Girls...If we look at the 2020 and 2021 statistics, we see a significant increase in the Kidnapping and Abduction of Women and Girls, and in the Kidnapping and Abduction of Women to compel her for Marriage.....Partly, this increase (in reported cases) could be due to the increased incidence of kidnapping and abduction, but there may also be cases of more inter-caste and inter-religious marriages or lesbian couples leaving homes which the parents register under complaints of abduction."
• "Despite all the propaganda, resistance and the institutional reluctance to register complaints of domestic violence, there is still a sizeable number that is getting registered...In the covid years, when women were trapped in their homes because of lockdowns and working from home, worldwide, domestic violence increased during those years. So, the 2022 statistics are likely to show this kind of increase."
• "There are forms of cyber-stalking which are not only by strangers but also by partners. I think this is just increasing the violence that takes place. We need to remember that stalking, rape and murder are all quite linked and there are many cases where stalking, when not stopped or prevented, has led to rape and murder."
• "For women who were working from home, colleagues were contacting them through cyberspaces. There were forms of sexual violence at workplaces that call for the expansion of the definition of workplace to include homes as well."
• "We need to look at domestic violence, intimate partner violence, patriarchy, misogyny, Indian masculinity, and the everyday violence that women are facing in relationships. I see and hear of these from my students as well. We think that the younger generation is very liberated in some sense, but they too are in the same trap of patriarchy and misogyny to a large extent."
• "It is important to look at the violence inflicted on transgender women, lesbian women, gender non-confirming individuals, gender non-binary individuals...The kind of shame, stigma and institutional apathy against them is so much more, and yet it is undocumented."
• "There are limitations in the law. The law is slow to catch up and the interpreters of the law are much slower to catch up with what is happening. So, while the law may be a part of the solution, what is really needed is social consciousness and political action."

Prajnya’s Gender Violence in India Report has been taking stock of the state of gender violence in India since 2009. The report is meant to be used as a ready reference for activists, journalists, students, lawyers and anyone with an interest in gender justice. You can access the Prajnya Gender Violence in India Report 2022 here.