Day 16: Human, Woman, Citizen, But - A Panel Discussion

On the last day of the 2018 Prajnya 16 days campaign against Gender Violence, we organised a panel discussion on caste and gender violence at Ethiraj College for Women.

On the 10th of December which also happens to be the Human Rights Day, our panel discussion was aimed to create awareness among young women about caste-based gender violence and human rights violations in the name of caste in India. Through this discussion, we wanted to initiate conversations over a topic hardly ever discussed - the caste politics of Indian society.

On the day of the event, two of our panellists couldn't make it to the event due to unforeseen personal reasons. But our panellist, Semmalar Selvi, Assistant Professor, Department of Social Work, Loyola College turned up on time and presented an interactive talk on the prevalent caste system in India and it's influence on gender-based violence, mainly violence against women.

She walked to and fro the aisle of the auditorium, peppering her talk with questions to the students, and keeping the event lively. Post her talk, she took questions from the students and answered them with utmost patience despite not keeping a good health.

Around 200 students from various departments such as postgraduate studies in human rights, Visual Communications, English, and Arts attended the event. Most of the students were interactive and weren't hesitant to answer Semmalar's questions or raise questions of their own. Semmalar covered a wide range of topics related to caste, culture, and gender; she ended her talk by stressing on the need for questioning - questioning our culture, our elders, and the practices we blindly believe and follow in our Indian society.

With this event, the 2018 Prajnya 16 days Campaign against Gender Violence ended on a great note!

Day 6: No Place for Us in Chennai: A symposium on the gendered impact of forced evictions

Governments in a hurry to check off contemporary development indicators sanction public and private sector projects that too often require the vacation of land where people live and which they may also use for subsistence farming. This land is acquired for a variety of purposes with one major consequence: displacement. 

Forced evictions contribute significantly to the feminization of poverty and displacement, and alongside that, a host of negative consequences for women and girls. By extension, they also impact others genders in particular ways. 

Penn Thozhillar Sangam (PTS) has been a crusader for the rights of many evicted communities in Chennai. Prajnya and PTS came together to organise this half-day symposium to address the gendered impact of forced evictions. 

The invited speakers for the symposium were Satyarupa Shekhar, CAG; Vanessa Peter, a policy researcher, Geetha, a lawyer; Katheeja Talha, an architect; Ranjitha Gunasekharan, assistant editor New Indian Express, Sangeetha, PTS secretary and PTS members from evicted communities living in Gudapakkam, Perumbakkam, and Morai. The Chennai Housing Secretary S. Krishnan IAS was also invited to join the open discussion and give valedictory remarks. 

While Geetha and Ranjitha couldn't attend the event due to personal reasons, the event proceeded as planned. Following an interesting presentation by Satyarupa Shekhar on smart cities, the PTS members took to the floor to share their grievances. Following the session on community experiences, Vanessa Peter's talk summarised the problems faced by these communities. The next session was an open forum facilitated by Katheeja Talha and Sujata Mody. At the end of the session, housing secretary, S. Krishnan IAS, joined the discussion and heard the complaints and suggestions of the community people. 

The session ended on a high note with mutual appreciation shown by the housing secretary and Prajnya and PTS. 

Women's Christian College English department students rapporteured the programme and a detailed report of the programme will be added to this post. 

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.

K. Santhakumari, On Gender Violence, Justice and Police

(This is the text of the speech prepared by Ms. K. Santhakumari, President, Women Lawyers' Association, for the panel discussion on 'Gender Violence, Gender Justice and the Police,' December 3, 2008. It has been marginally edited.)

Gender equality concerns each and every member of the society and forms the very basis of a just society.

It is an established fact that women represent the very kernel of the human society around which social change must take place. The last decade of the last century has seen a growing recognition of women's rights as human rights and as an integral and indivisible part of universal human rights. The promotion and protection of human rights of women, will, however, remain a challenge to all countries in the 21st century.

Crimes against women have existed invariably with time and place. Even periods of transformation have never been comfortable for them. Types and trends of crimes, however, kept changing with change in mindset and techniques. Unfortunately, women were not only accorded a lower status in the society but they also came to be used as objects of enjoyment and pleasure. Its culmination has been their regular exploitation and victimisation. Besides, there also developed situational and institutional violence against women along with the new demands of the time where they have to step out of the confines of their homes to earn a living. Thus crime against women is an outcome of their long history of deprivation of socio-economic rights. Protection from harassment, oppression and discrimination has remained a distant goal to achieve.

The process of gender justice, broadly speaking, covers the rights of women against exploitation and victimisation. Through law and policy, women have now secured for themselves many entitlements, but so far they have not been able to defend themselves from crimes committed against them, which negates the whole premise of gender justice.

Unless we recognise her rights — her basic human rights —  gender justice would only be 'lip-service' with no tangible results.

Time and again the Supreme Court has extended the ambit of Article 21 of the Constitution of India and held that mere existence is not right to live — it is the right to live with dignity. Thus, wherever crimes are committed against women, the same should be viewed in the context of her right under Article 21 of the Constitution and not merely as a crime against the society.

It is rather sad that while we keep celebrating women’s rights in all spheres we show no concern for her honour and her dignity. It is a sorry reflection on the attitude of indifference of the society.

In India, in spite of special constitutional guarantees and other legislations, crimes against women are rampant. They are on the increase. The constitution imposes a fundamental duty on every citizen through Article 51 A (e) to renounce the practices derogatory to the dignity of women. How many of us are aware of this fundamental duty? Not many, I suppose…

The question is: Have the women been able to reap the benefits provided for them under the constitution of India? The answer unfortunately is not encouraging.

 Though women can be subjected to all types of crimes but some crimes are specific to women, such as rape, molestation, eve teasing, trafficking etc. In India, crimes against women broadly fall in two categories; (a) crimes identified under the IPC and (b) crimes identified under special laws

I am not going to go deep into variety of crimes. But my endeavour is to see that our speakers would address the issue of violence against women and gender justice and police. Police has a major role to play in combating violence against women. But in practice we feel that we do not get justice when we approach them.

The role of police under the circumstances assumes greater importance and it is expected that the police would deal with such cases of dowry harassment or domestic violence or eve teasing in a more realistic manner. A socially sensitised police, in my opinion, is better statutory armour in cases of crime against women than long clauses of penal provisions. Hence, the police can play a pro-active role in empowering women assuring gender justice.