DOCSLIB.ORG

Tackling Violence Against Women

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
Tackling Violence Against Women Tackling Violence Against Women: A Study of State Intervention Measures (A comparative study of impact of new laws, crime rate and reporting rate, Change in awareness level) Investigator: Bhartiya Stree Shakti Funded by: Ministry of Women and Child Development, Government of India, New Delhi March 2017 Bharatiya Stree Shakti Acknowledgement We, BharatiyaStree Shakti (BSS) and Project team are pleased to present this REPORT after an intensive research for twelve months. It has been a period of immense learning for members of BSS in the scientific arena as well as on a personal level. We would like to express our gratitude towards people who extended helping hand in successfully accomplishing this multi-faceted project. First, we would like to thank Ministry of Women and Child Development (MWCD) for giving us opportunity to study the topic in depth. We are also indebted to MWCD officials for their kind support and assistance. We are grateful to respondents in this investigation i.e. Police department, Medical professionals, public prosecutors, fund disbursement authorities and social counselors. We sincerely acknowledge their cooperation for smooth investigations throughout the study in various cities. We appreciate National Commission for Women for making available the needed data and reference material. The coordination and team spirit of project coordinator, research officers, investigating officers, typists and data entry operators, at central and state level, made it possible to compile the research in this form. We are grateful to our volunteers and office members for sharing the office space and infrastructure. We do acknowledge kind help from BSS volunteers for financial transactions and our audit services. Our organizational network of volunteers and our friends were very supportive during formal and informal deliberations. Lastly, we express our gratitude to Project Advisory committee, with special mention of Prof. Dr. MedhaSomaiya, for taking out time in their busy schedule to give valuable input. Their motivation and encouragement contributed greatly in completing project satisfactorily. We tried our level best to make the outcome comprehensive and fruitful. We request you to pardon us for lacunas and loopholes. Thank you one and all! Dr. Vasanti Deshpande Dr. JyotiChauthaiwale Project Director Co-director 1 Bharatiya Stree Shakti Contents Content Page No Acknowledgement Contents List of Tables Executive Summary Chapter I Introduction 27 Chapter II Review of Literature 60 Chapter III Research Methodology 117 Chapter IV Realities of Victims & Beneficiaries 126 Chapter V Realities from Police Officers & police Stations 159 Chapter VI Realities from Public Prosecutor 198 Realities from Medical Officers & Medical Chapter VII 221 Practitioners Chapter VIII Realities from Nirbhaya Fund Officers 249 Chapter IX Realities from Social Counsellors 265 Chapter X Conclusion & Recommendations 257 A. Tools of data Collections Annexure B. Bibliography 2 Bharatiya Stree Shakti List of Tables Table no Title of the table Page no 3.1 States and Districts covered 3.2 Sample size of each quota 3.3 Various tools of data collection 3.4 Advisory Committee 4.1 State wise data 4.2 District wise data 4.3 Crime reported 4.4 Prevalence wise crime reported 4.5 Age of the respondents 4.6 Prevalence wise Age of the respondents 4.7 Educational level of the victims 4.8 Caste Category of the victim 4.9 Religion of the Victims 4.10 Place of residence of the victim 4.11 Victim’s Complaint registered by 4.12 Injury while filing case 4.13 Medical Examination of the victim 4.14 Place of Crime 4.15 Accompanied victim when the crime took place 4.16 Time of Crime 4.17 Who was Accused 4.18 Age of the accused 4.19 Age of the accused according to Prevalence 4.20 Number of accused 3 Bharatiya Stree Shakti 4.21 Treatment by police 4.22 Counseling 4.23 Availing the free legal aid 4.24 Status of Victim’s Case 4.25 Benefit from Compensation Fund 4.26 Amount Allotted in Rupees 4.26 Provided help for rehabilitation 4.27 Economic help to the victim to survive 5.1 State wise distribution 5.2 District Wise Distribution 5.3 Prevalence 5.4 Cases registered in police Station as FIR 5.5 Presence of Women constable while recording statement 5.6 Others’ Presence while recording the statement 5.7 Place of recording statement 5.8 Recording statement in Camera 5.9 Reasons behind not recording statement in camera 5.10 Pre-statement Counseling 5.11 Counseling at police station 5.12 Counseling other than police station 5.13 Time involved in recording statement 5.14 Times of narrating incident by Victim Insisting sending victim for medical examination before filing 5.15 the FIR Reasons for not insisting sending victim for medical 5.16 examination before filing the FIR 5.17 Encouraging victim to file complaint Circumstances in which victim get hesitated to file the 5.18 complaint 4 Bharatiya Stree Shakti 5.19 Informing victim about the availability of free legal aid Sealing and submitting evidentiary property of the victim and 5.20 culprit to the court Cases proved, and accused was punished as per your police 5.21 station record 5.21 Sending victim to any Trauma treating center Informing victim about Victim Compensation and similar 5.22 funds 5.23 Change in lodging complaint by the victim 5.24 Change in Complaint mechanism 5.24 Change in Awareness about Law 5.25 Change in Facilities to victims 5.26 Any Other changes observed in these three years 6.1 State wise Distribution 6.2 District wise Distribution 6.3 Prevalence wise Distribution 6.4 Cases of violation against women in court 6.5 Time involved in deciding cases 6.6 Timelines given in the existing laws feasible 6.7 Cases in accused are punished 6.8 Conducting cases in camera Asking questions to victim related to her past sexual 6.9 experience or character in the cross examination 6.10 Getting enough evidences to strengthen the case Informing the victim about Victim Compensation and similar 6.11 funds 6.12 Experience in getting evidence from Police 6.13 Video graphing the statement of the victim 6.14 Receiving the statement in CD 5 Bharatiya Stree Shakti 6.15 Medical examination report as conclusive proof 6.16 Accompaniment with the victim 6.17 Challenges faced while handling such cases 6.18 Changes in lodging complaint by the victim 6.19 Changes in Complaint mechanism 6.20 Changes in awareness about Law 6.21 Changes in facilities to victims 7.1 State wise Distribution 7.2 District wise Distribution 7.3 Prevalence wise distribution 7.4 Cases handled 7.5 Place of Medical examination conducted 7.6 Accompaniment the victim 7.7 Examines the victims Awareness about the amendments made in the criminal law 7.8 act 2013 7.9 Asking details about past sexual experience 7.10 Charging fees for examining the victim 7.11 Time of examination of the victim 7.12 Initiating medical treatment 7.13 On an average time for treatment of victim (in hours) 7.14 Evidence collected in this hospital admissible in the Police 7.15 Availability of Sexual Assault Kit in hospital 7.16 Availability of Forensic Lab for testing of vaginal fluid sample 7.17 Time involved in getting the report 7.18 Having special counseling facility for victims 7.19 Referring for trauma management 7.20 Challenges faced while handing such cases 6 Bharatiya Stree Shakti Informing victim about victim Compensation Fund and 7.21 similar funds 7.22 Changes in lodging complaint by the victim 7.23 Changes in Complaint mechanism 7.24 Changes in Awareness about Law 7.25 Changes in Facilities to Victim 8.1 Sate wise Distribution 8.2 District wise Distribution 8.3 Prevalence wise Distribution 8.4 Other responsibility share by the fund officers 8.5 Applications came under scheme 8.6 Victims got benefit 8.7 Amount/Fund allocated 8.8 Time for releasing fund 8.9 Restricting allocation of funds to the same financial year 9.1 State wise distribution 9.2 District wise distribution 9.3 Prevalence wise distribution Process of the cases of violence against women reach to the 9.4 counsellor, Victim approaches How do the cases of violence against women reach to the 9.5 counsellor? Referred by police How do the cases of violence against women reach to the 9.6 counsellor? Relatives of the victim How do the cases of violence against women reach to the 9.7 counsellor? Hospital How do the cases of violence against women reach to the 9.8 counsellor? NGOs 7 Bharatiya Stree Shakti How do the cases of violence against women reach to the 9.9 counsellor? Proactive initiative by the counsellor herself/himself 9.10 Who accompanies with the victim? Victim alone 9.11 Who accompanies with the victim? Parents 9.12 Who accompanies with the victim? Husband 9.13 Who accompanies with the victim? Friend 9.14 Who accompanies with the victim? Guardian/Relatives 9.15 Who accompanies with the victim? GO/Counselling Centre 9.16 Number of victims approached 9.17 Role in the procedure till filing the complaint 9.18 Role in the procedure ‘from filing FIR till the final judgement 9.19 difficulties faced while tackling such cases? difficulties in term of non-cooperation faced while tackling 9.20 such cases difficulties of Non-cooperation from family members face 9.21 while tackling cases difficulties of pressure from politician face while tackling 9.22 cases Difficulties of pressure from opposite party face while 9.23 tackling cases 9.24 Cooperation from Victim’s Relatives 9.25 Cooperation from Police officers: 9.26 Cooperation from Medical Officers 9.27 Cooperation from Government officials 9.28 Cooperation from Public Prosecutor Invitation
Load more

Recommended publications
  • The Lost Women of Iraq: Family-Based Violence During Armed Conflict © Ceasefire Centre for Civilian Rights and Minority Rights Group International November 2015
    CEASEFIRE centre for civilian rights Miriam Puttick The Lost Women of Iraq: Family-based violence during armed conflict © Ceasefire Centre for Civilian Rights and Minority Rights Group International November 2015 Cover photo: This report has been produced as part of the Ceasefire project, a multi-year pro- Kurdish women and men protesting gramme supported by the European Union to implement a system of civilian-led against violence against women march in Sulaymaniyah, Iraq, monitoring of human rights abuses in Iraq, focusing in particular on the rights of November 2008. vulnerable civilians including vulnerable women, internally-displaced persons (IDPs), stateless persons, and ethnic or religious minorities, and to assess the feasibility of © Shwan Mohammed/AFP/Getty Images extending civilian-led monitoring to other country situations. This report has been produced with the financial assistance of the European Union. The contents of this report are the sole responsibility of the publishers and can un- der no circumstances be regarded as reflecting the position of the European Union. Ceasefire Centre for Civilian Rights The Ceasefire Centre for Civilian Rights is a new initiative to develop ‘civilian-led monitoring’ of violations of international humanitarian law or human rights, to pursue legal and political accountability for those responsible for such violations, and to develop the practice of civilian rights. The Ceasefire Centre for Civilian Rights is registered as a charity and a company limited by guarantee under English law; charity no: 1160083, company no: 9069133. Minority Rights Group International MRG is an NGO working to secure the rights of ethnic, religious and linguistic minorities and indigenous peoples worldwide, and to promote cooperation and understanding between communities.
    [Show full text]
  • THE DEVADASI SYSTEM: Temple Prostitution in India
    UCLA UCLA Women's Law Journal Title THE DEVADASI SYSTEM: Temple Prostitution in India Permalink https://escholarship.org/uc/item/37z853br Journal UCLA Women's Law Journal, 22(1) Author Shingal, Ankur Publication Date 2015 DOI 10.5070/L3221026367 Peer reviewed eScholarship.org Powered by the California Digital Library University of California THE DEVADASI SYSTEM: Temple Prostitution in India Ankur Shingal* Introduction Sexual exploitation, especially of children, is an internation- al epidemic.1 While it is difficult, given how underreported such crimes are, to arrive at accurate statistics regarding the problem, “it is estimated that approximately one million children (mainly girls) enter the multi-billion dollar commercial sex trade every year.”2 Although child exploitation continues to persist, and in many in- stances thrive, the international community has, in recent decades, become increasingly aware of and reactive to the issue.3 Thanks in large part to that increased focus, the root causes of sexual exploita- tion, especially of children, have become better understood.4 While the issue is certainly an international one, spanning nearly every country on the globe5 and is one that transcends “cul- tures, geography, and time,” sexual exploitation of minors is perhaps * J.D., Class of 2014, University of Chicago Law School; B.A. in Political Science with minor in South Asian Studies, Class of 2011, University of Califor- nia, Los Angeles. Currently an Associate at Quinn Emanuel Urquhart and Sul- livan, LLP. I would like to thank Misoo Moon, J.D. 2014, University of Chicago Law School, for her editing and support. 1 Press Release, UNICEF, UNICEF calls for eradication of commercial sexual exploitation of children (Dec.
    [Show full text]
  • Guidelines for the Forensic Analysis of Drugs Facilitating Sexual Assault and Other Criminal Acts
    Vienna International Centre, PO Box 500, 1400 Vienna, Austria Tel.: (+43-1) 26060-0, Fax: (+43-1) 26060-5866, www.unodc.org Guidelines for the Forensic analysis of drugs facilitating sexual assault and other criminal acts United Nations publication Printed in Austria ST/NAR/45 *1186331*V.11-86331—December 2011 —300 Photo credits: UNODC Photo Library, iStock.com/Abel Mitja Varela Laboratory and Scientific Section UNITED NATIONS OFFICE ON DRUGS AND CRIME Vienna Guidelines for the forensic analysis of drugs facilitating sexual assault and other criminal acts UNITED NATIONS New York, 2011 ST/NAR/45 © United Nations, December 2011. All rights reserved. The designations employed and the presentation of material in this publication do not imply the expression of any opinion whatsoever on the part of the Secretariat of the United Nations concerning the legal status of any country, territory, city or area, or of its authorities, or concerning the delimitation of its frontiers or boundaries. This publication has not been formally edited. Publishing production: English, Publishing and Library Section, United Nations Office at Vienna. List of abbreviations . v Acknowledgements .......................................... vii 1. Introduction............................................. 1 1.1. Background ........................................ 1 1.2. Purpose and scope of the manual ...................... 2 2. Investigative and analytical challenges ....................... 5 3 Evidence collection ...................................... 9 3.1. Evidence collection kits .............................. 9 3.2. Sample transfer and storage........................... 10 3.3. Biological samples and sampling ...................... 11 3.4. Other samples ...................................... 12 4. Analytical considerations .................................. 13 4.1. Substances encountered in DFSA and other DFC cases .... 13 4.2. Procedures and analytical strategy...................... 14 4.3. Analytical methodology .............................. 15 4.4.
    [Show full text]
  • EDCN-806E-Education for Empowerment of Women.Pdf
    EDUCATION FOR EMPOWERMENT OF WOMEN MA [Education] Second Semester EDCN 806E [ENGLISH EDITION] Directorate of Distance Education TRIPURA UNIVERSITY Reviewer Dr Sitesh Saraswat Reader, Bhagwati College of Education, Meerut Authors Dr Namrata Prasad: Units (1.0-1.3, 1.4, 1.6-1.10, 2.6.1) © Dr Namrata Prasad, 2016 Dr Md Arshad: Units (1.3.1, 1.5) © Dr Md Arshad, 2016 Vivek Kumar: Units (2.0-2.6, 2.7-2.11, 3) © Reserved, 2016 Paulie Jindal: Units ( 4 & 5) © Reserved, 2016 Books are developed, printed and published on behalf of Directorate of Distance Education, Tripura University by Vikas Publishing House Pvt. Ltd. All rights reserved. No part of this publication which is material, protected by this copyright notice may not be reproduced or transmitted or utilized or stored in any form of by any means now known or hereinafter invented, electronic, digital or mechanical, including photocopying, scanning, recording or by any information storage or retrieval system, without prior written permission from the DDE, Tripura University & Publisher. Information contained in this book has been published by VIKAS® Publishing House Pvt. Ltd. and has been obtained by its Authors from sources believed to be reliable and are correct to the best of their knowledge. However, the Publisher and its Authors shall in no event be liable for any errors, omissions or damages arising out of use of this information and specifically disclaim any implied warranties or merchantability or fitness for any particular use. Vikas® is the registered trademark of Vikas® Publishing House Pvt. Ltd. VIKAS® PUBLISHING HOUSE PVT.
    [Show full text]
  • Role of Indian Judiciary in Protecting the Rights of the Victim of Rape: an Overview
    [ VOLUME 4 I ISSUE 4 I OCT. – DEC. 2017] E ISSN 2348 –1269, PRINT ISSN 2349-5138 Role of Indian judiciary in protecting the rights of the victim of Rape: An Overview Aarti Sharma Assistant Professor Law Department, University of Jammu, Jammu. Email id: [email protected] Received Oct. 16, 2017 Accepted Dec. 09, 2017 General Introduction Rape is unique among all crimes due to the treatment meted out to the victims of rape.1 They pay a double price, where they suffer the terrible toll of physical and psychological injury and they also suffer the burden of defending the legitimacy of their suffering.2 The criminal justice system moves with the attitude of disbelief and hostility and treats the victim with suspicion instead of sympathy. Judgments in cases of sexual violence relating to women reveal a deep rooted gender bias in the judiciary which has found expressions in many ways, with judges making harsh, disparaging and unwarranted remarks against women, believing the accused while disbelieving the victim and at times being more sympathetic to the accused than the victim.3 The biased judicial approach is reflected in the tendency of the courts in according to undue benefit of doubt to the accused while overly scrutinizing the conduct and character of the victim. Barring a few decisions, generally undue sympathy is exhibited by the judges to the accused, while imposing the sentence. Many a times, very vague reasons have been considered by the courts, e.g., young or old age of the accused, the time lapse between the date of commission of crime and the award of sentence by the courts etc, for providing lenient and lesser punishment to the accused.4 It is true that judges are not free from human frailties and are subject to prejudices, hostilities and other human problems that may colour their interpretations.
    [Show full text]
  • The Menace of Dowry Deaths : Its Manifestations and Remedial Measures
    Social Science Journal of Gargaon College, Volume IV • January, 2016 ISSN 2320-0138 The Menace of Dowry Deaths : Its Manifestations and Remedial Measures *Bikash Kumar Bora **Sujata Deka Abstract The custom of dowry,deeply related to in India’s male dominated society,has attained alarming proportion during the last few decades.In India there are many cases of human rights of violation against women and dowry death is one of such brutal violence where women are burnt for non bringing adequate dowry.However the problem of dowry death is not a new phenomenon.Tracing the history of dowry death through different stages,we find change in structure from ancient India,through medieval period to present India.At present context,the term dowry has degenerated into commercial tranjection in which monetary consideration receive utmost priority.Dowry today is demanded and paid without any relation to bride’s parents income and wealth.Failure to meet this demands results in illtreatment of brides and sometimes it has made a situation that bride has to commit to suicide.The present article tries to explain the extent of dowry death in India and its remedial measures. Key words : Dowry, Dowrydeath, Brideburning, socialcustom, Illteratment, Commercial tranjection Introduction : Dowry related violence is one of the brutal violence that are going against women in our society. Although our constitution has provided equal rights for both men and women but women in our society are the victims of large Scale violence, atrocities. Dowry has become a social evil,a social menace and it is widespread in all sections,religions,castes etc.In ancient time where there was _____________________________ *Assistant Professor of Political Science, Dimoria College, Dimoria.
    [Show full text]
  • Violence Against Women
    Violence Against Women Contemporary Examination of Intimate Partner Violence STM Learning, Inc. Leading Publisher of Scientific, Technical, and Medical Educational Resources Saint Louis www.stmlearning.com Saint Louis www.stmlearning.com Violence Against Women Contemporary Examination of Intimate Partner Violence Paul Thomas Clements, PhD, RN Angelo P. Giardino, MD, PhD Associate Clinical Professor Professor and Section Chief Coordinator - Contemporary Trends in Forensic Health Academic General Pediatrics Care Certificate Online Baylor College of Medicine Drexel University Vice President/Chief Medical Officer College of Nursing and Health Professions Texas Children’s Health Plan Philadelphia, Pennsylvania Chief Quality Officer for Medicine Texas Children’s Hospital Jennifer Pierce-Weeks, RN, SANE-P, SANE-A Houston, Texas Project Director International Association of Forensic Nurses Soraya Seedat, MBChB, Elkridge, MD FC Psych (SA), MMED (Psych), PhD Forensic Nurse Examiner Executive Head of the Department of Psychiatry Emergency Department Stellenbosch University Memorial Hospital, University of Colorado Health Cape Town, South Africa Colorado Springs, Colorado Catherine M. Mortiere, PhD Karyn E. Holt, PhD, CNM Clinical Instructor Associate Clinical Professor Department of Psychiatry and Director of Online Quality New York University, College of Medicine Division of Nursing Licensed Psychologist College of Nursing and Health Professions Kirby Forensic Psychiatric Center Drexel University New York, New York Philadelphia, Pennsylvania STM
    [Show full text]
  • Chapter 3 Drug/Alcohol Facilitated Sexual Assault
    Chapter 3 Drug/Alcohol Facilitated Sexual Assault “No drug, not even alcohol, causes the fundamental ills of society. If we’re looking for the source of our troubles, we shouldn’t test people for drugs, we should test them for stupidity, ignorance, greed and love of power.” ~ P.J. O’Rourke (1947- ) American humorist & journalist OBJECTIVES FOR THIS CHAPTER . Increase awareness and knowledge about alcohol, drugs and sexual assault . Understand the link between alcohol and sexual assault . Know the appropriate actions to take if a drugging is suspected ALCOHOL, DRUGS AND SEXUAL ASSAULT: AN INTRODUCTION1, 2 “I woke up and I wasn’t in my bed. I had no idea how I had got there, or if I have been with someone. I wondered what had happened to me, and I wondered why I couldn’t remember…” Alcohol and drugs are often weapons used by perpetrators to facilitate sexual assault. With all the news about predatory drugs, we sometimes forget that alcohol is the most common drug associated with sexual assault. Since alcohol is cheap, readily and legally available, and common among adolescents and young adults, it is important to understand the connection between alcohol and sexual assault. Note: Alcohol does not cause sexual violence nor does it give an offender an excuse to commit a sex crime. 1 Quinn, Kathleen M. “Drugs and Sexual Assault: A Dangerous Mix.” Illinois Coalition Against Sexual Assault Fall 2002 Coalition Commentary (Fall 2002.) Web. 23 September 2010. 2Predatory Drugs: Don’t Let Your Guard Down. Saint Louis Park, MN: Bacchus & Gamma. 2002. Print.
    [Show full text]
  • Structural Violence Against Children in South Asia © Unicef Rosa 2018
    STRUCTURAL VIOLENCE AGAINST CHILDREN IN SOUTH ASIA © UNICEF ROSA 2018 Cover Photo: Bangladesh, Jamalpur: Children and other community members watching an anti-child marriage drama performed by members of an Adolescent Club. © UNICEF/South Asia 2016/Bronstein The material in this report has been commissioned by the United Nations Children’s Fund (UNICEF) regional office in South Asia. UNICEF accepts no responsibility for errors. The designations in this work do not imply an opinion on the legal status of any country or territory, or of its authorities, or the delimitation of frontiers. Permission to copy, disseminate or otherwise use information from this publication is granted so long as appropriate acknowledgement is given. The suggested citation is: United Nations Children’s Fund, Structural Violence against Children in South Asia, UNICEF, Kathmandu, 2018. STRUCTURAL VIOLENCE AGAINST CHILDREN IN SOUTH ASIA ACKNOWLEDGEMENTS UNICEF would like to acknowledge Parveen from the University of Sheffield, Drs. Taveeshi Gupta with Fiona Samuels Ramya Subrahmanian of Know Violence in for their work in developing this report. The Childhood, and Enakshi Ganguly Thukral report was prepared under the guidance of of HAQ (Centre for Child Rights India). Kendra Gregson with Sheeba Harma of the From UNICEF, staff members representing United Nations Children's Fund Regional the fields of child protection, gender Office in South Asia. and research, provided important inputs informed by specific South Asia country This report benefited from the contribution contexts, programming and current violence of a distinguished reference group: research. In particular, from UNICEF we Susan Bissell of the Global Partnership would like to thank: Ann Rosemary Arnott, to End Violence against Children, Ingrid Roshni Basu, Ramiz Behbudov, Sarah Fitzgerald of United Nations Population Coleman, Shreyasi Jha, Aniruddha Kulkarni, Fund Asia and the Pacific region, Shireen Mary Catherine Maternowska and Eri Jejeebhoy of the Population Council, Ali Mathers Suzuki.
    [Show full text]
  • Domestic Violence Against Women in India: a Case Study
    DOMESTIC VIOLENCE AGAINST WOMEN IN INDIA: A CASE STUDY ABSTRACT OF THE /^C THESIS SUBMITTED FOR THE AWARD OF THE DEGREE OF fioctor of $I)ilDs;opl)p •^ ^'^ IN (, POLITICAL SCIENCE BY RAHAT ZAMANI Under the Supervision of Dr. Rachana Kanshal DEPARTMENT OF POLITICAL SCIENCE ALJGARH MUSLIM UNIVERSITY ALIGARH (INDIA) 2009 ABSTRACT Today human beings live in the so-called civilized and democratic society that is based on the principles of equality and freedom for all. It automatically results into the non-acceptance of gender discrimination in principle. Therefore, various International Human Rights norms are in place that insist on the elimination of all forms of discrimination against women and advocate equal rights for women. Womens' year, women decade etc. are observed that led to the creation of mass awareness and sensitization of people about rights of women. Many steps are taken by the government in the form of various policies and programmes to promote the status of women and to realize women's rights. But despite all the efforts, the basic issue that threatens and endangers the very existence of women is the issue of domestic violence against women. John Stuart Mill put it into his book 'the subjection of women' in 1869 that, 'marriage should be thought of as a partnership of equals analogous to a business partnership and the family not a school of despotism but the real school of the virtues of freedom'. Contrary to this women who constitute about half of the world's population are the worst victim of violence and exploitation within home.
    [Show full text]
  • Constitutional Dimensions of the Battered Woman Syndrome
    OHIO STATE LAW JOURNAL Volume 53, Number 2, 1992 Constitutional Dimensions of the Battered Woman Syndrome ERICH D. ANDERSEN* AND ANNE READ-ANDERSEN** The exclusion of expert witness testimony on the battered woman syndrome ("syndrome") m a criminal trial often raises both evidentiary and constitutional issues for appeal.' Defendants typically offer testimony on the syndrome to prove that they acted m self-defense when they killed or wounded their mates.2 If the trial court excludes the testimony for lack of foundation or because it is irrelevant, for instance, this exclusion creates a potential evidentiary issue for appeal. 3 The same ruling may also raise a constitutional question because the accused has a constitutional right to present a defense.4 The right to present a defense is implicated when the trial court excludes evidence that is favorable and material to the defense.5 Scholars have been attentive to the evidentiary problems associated with excluding testimony on the syndrome. Over the past decade, many commentators have considered whether, and if so when, expert testimony should be admitted to support a battered woman's assertion of self-defense.6 * Associate, Davis Wright Tremame, Seattle, Washington; B.A. 1986, J.D., 1989, Umversity of California, Los Angeles. **Associate, Preston, Thorgrmson, Shidler, Gates & Ellis, Seattle, Washington; B.A. 1986, College of the Holy Cross; J.D., 1989, Umversity of Michigan. This Article is dedicated to our parents: Margaret and David Read and Lotte and David Andersen. Without their love and guidance, this Article would not have been possible. We also thank Joseph Kearney and John Mamer for their valuable editing help.
    [Show full text]
  • Investigation of Cases on Crime Against Women & Gender Sensitization (10 Days)
    INVESTIGATION OF CASES ON CRIME AGAINST WOMEN & GENDER SENSITIZATION (10 DAYS) Date/Day 0930‐1045 Hrs. 1100‐1215 Hrs. 1215‐1330 Hrs. 1430‐1500 Hrs. 1500‐1615 Hrs. 1630‐1745 Hrs. 1st Day Registration and Status of women – Various kinds of Offence Experience Overview of different laws relating to Crime Inauguration present and past. committed against women Sharing Against Women other than IPC offences (Laws Social psychological in India (NCRB data) related to Succession / marriage Hindu Marriage and economic Overview of IPC provisions Act, Hindu Succession Act, Child Marriage status of women in relating to Crime Against Restraint Act –Muslim Laws ; MTP Act, 1971 India Women Parental Diagnostic Techniques Prevention Act etc.) 2nd Day An overview of Investigation of Importance of Dying Training Film Simulation Exercise on Bride Burning Domestic Violence act cases u/s 498 A IPC declaration. and role of Police and Dowry death Magisterial Inquest .and officers cases. importance of autopsy Registration of FIR, examination. Common seizure of evidences queries to be asked. 3rd Day Investigation of cases of Kidnapping & Investigation of cases Case Study Cyber Crime against woman including Cyber abduction for specified purposes( 363 IPC‐373 relating to female feticide, Pornography. Minor Acts like Indecent IPC) infanticide. Representation of Women Prohibition Act, Discussion with case studies. 1986.Pedophilia 4th Day Investigation of other forms of cases‐Acid Latest amendments in Case Study Police behavior towards women victim throwing, eve teasing, stalking, outraging of different provisions of witnesses and accused (Role Play) – Need for modesty. Recent Changes in the Law. laws dealing with the change offences against women 5th Day Registration of FIR in Medical Investigation of Rape case study Simulation exercise on a Case rape with murder Rape cases with examination of the cases.
    [Show full text]