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Parliament of India Rajya Sabha Three Hundred and Sixteenth Report

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Parliament of India Rajya Sabha Three Hundred and Sixteenth Report REPORT NO. 316 PARLIAMENT OF INDIA RAJYA SABHA DEPARTMENT-RELATED PARLIAMENTARY STANDING COMMITTEE ON HUMAN RESOURCE DEVELOPMENT THREE HUNDRED AND SIXTEENTH REPORT ISSUES RELATED TO SAFETY OF WOMEN (Presented to the Rajya Sabha on 19th March, 2020) (Laid on the Table of Lok Sabha on 19th March, 2020) Rajya Sabha Secretariat, New Delhi March, 2020 /Phalguna, 1941 (Saka) Hindi version of this publication is also available PARLIAMENT OF INDIA RAJYA SABHA DEPARTMENT-RELATED PARLIAMENTARY STANDING COMMITTEE ON HUMAN RESOURCE DEVELOPMENT THREE HUNDRED AND SIXTEENTH REPORT ISSUES RELATED TO SAFETY OF WOMEN (Presented to the Rajya Sabha on 19th March, 2020) (Laid on the Table of Lok Sabha on 19th March, 2020) Rajya Sabha Secretariat, New Delhi March, 2020/Phalguna, 1941 (Saka) 2 C O N T E N T S PAGES 1. COMPOSITION OF THE COMMITTEE …........................................................... (i)-(ii) 2. INTRODUCTION................................................................................................................ (iii) 3. REPORT…......................................................................................……......................... 5. OBSERVATIONS/RECOMMENDATIONS OF THE COMMITTEE - AT A GLANCE … 6. MINUTES…........................................................................................... …............. 3 COMPOSITION OF THE COMMITTEE (Constituted w.e.f. 13th September, 2019) 1. Dr. Satyanarayan Jatiya Chairman RAJYA SABHA 2. Prof. M.V. Rajeev Gowda 3. Shri Ranvijay Singh Judev 4. Shri Vishambhar Prasad Nishad 5. Shri Derek O' Brien 6. Dr. Sasmit Patra 7. Dr. Sasikala Pushpa Ramaswamy 8. Dr. Vinay P. Sahasrabuddhe 9. Shri Gopal Narayan Singh 10. Shri Akhilesh Prasad Singh LOK SABHA 11. Shri Rajendra Agrawal 12. Dr. Dhal Singh Bisen 13. Shri Santokh Singh Chaudhary 14. Shri Lavu Sri Krishna Devarayalu 15. Shri Sangamlal Kadedin Gupta 16. Shri S. Jagathrakshakan 17. Shri Sadashiv Kisan Lokhande 18. Dr. Jaisiddeshwar Shivacharya Mahaswamiji 19. Shri Asit Kumar Mal 20. Ms Chandrani Murmu 21. Shri Balak Nath 22. Dr. T. R. Paarivendhar 23. Shri Chandeshwar Prasad 24. Shri T. N. Prathapan 25. Shri Ratansinh Magansinh Rathod 26. Shri Jagannath Sarkar 27. Dr. Arvind Kumar Sharma 28. Shri Vishnu Dutt Sharma 29. Shri Dharambir Singh 30. Shri S. Venkatesan 31. Shri Ashok Kumar Yadav (i) 4 SECRETARIAT Dr. Shikha Darbari, Joint Secretary and Financial Advisor Shri Rajiva Srivastava, Director Shri Sammer Kapoor, Deputy Secretary Smt. Himanshi Arya, Deputy Secretary Shri K. Sudhir Kumar, Deputy Director Shri Mohit Misra, Committee Officer Smt. Suman Khurana, Committee Officer (ii) 5 INTRODUCTION I, the Chairman of the Department-related Parliamentary Standing Committee on Human Resource Development, having been authorised by the Committee to present the Report on its behalf, do hereby present this Three Hundred and Sixteenth on the subject issues related to safety of women. 2. The Committee heard the officials of Ministry of Women and Child Development, Ministry of Home Affairs, Ministry of Railways, Ministry of Road Transport and Highways, Department of Justice, Department of Legal Affairs, Ministry of Law and Justice, Department of School Education and Literacy, Department of Higher Education, Ministry of Human Resource Development and Ministry of Health and Family Welfare. The Committee also interacted with some NGOs namely Centre for Social Research, Multiple Action Research Group, All India Women Conference and Jagori. 3. The Committee examined the subject in four meetings held on 19th December, 2019, 30th December, 2019 and 7th January, 2020. 4. For the facility of reference and convenience, the observations and recommendations of the Committee have been printed in bold letters in the body of the Report. 5. The Committee considered the Draft Report and adopted the same in its meeting held on the 18th March, 2020. NEW DELHI DR. SATYANARAYAN JATIYA 18th March, 2020 Chairman Phalguna 28 , 1941(Saka) Department-related Parliamentary Standing Committee on Human Resource Development (iii) 6 INTRODUCTION Jolted by the gruesome rape and murder of young girl in Hyderabad in November, 2019 which shook the conscience of the nation, the Committee pained by the incidence, decided to thread bare examine the subject “Issues related to Safety of Women” to understand the causes of occurrences of such instances and to suggest remedial steps to develop a zero tolerance policy against such heinous crimes. According to the National Crime Records Bureau data of the year 2018 the total number of all forms of crimes against women have been raising continuously from one decade. In 2012 number of such crimes was 244270 which rose to 359849 in 2017 and 378277 in 2018. The following table indicating the rising trend of crimes against women with 5.12% annual increase in number of such cases in 2018 is self revealing and a cause of grave concern for the society: 400000 378277 359849 350000 337922 329243 338954 309546 300000 244270 250000 No. of crimes 200000 against women 150000 (year 2012 to 2018) 100000 50000 0 2012 2013 2014 2015 2016 2017 2018 2. The issue of crimes against women transcends geography, class, culture, age, race and religion. In India, the violence committed upon women has many manifestations such as domestic and sexual violence including rape, sexual harassment, child sexual abuse, trafficking for commercial sexual exploitation, harmful practices such as dowry harassment, honour related crimes, acid attacks, witch-hunting, child marriage, sex selective abortion etc. 3. The right to life as enshrined in Article 21 of the Indian Constitution is a basic human right which includes the right to a dignified life free of violence. Further, the Constitution also grants equality to women and empowers the State to adopt measures of positive discrimination in favour 7 of women, so as to neutralize the cumulative socio-economic, educational and political disadvantages faced by them. However, women continue to be victims of disparate treatment, violence and crime. Violence or the threat of violence not only violates this right but restricts women’s freedom and germinates imbalance of power between women and men. 4. The Committee observed that safety of women in the country is of utmost priority. The Committee was of the opinion that it should be the Government’s endeavor to put in place effective mechanisms to provide a safe environment for women both in public and private spheres of life. The Committee also noted that the incidences of crime against women cannot be controlled unless the mindset of people is changed. 5. The Committee heard the officials of Ministry of Women and Child Development, Ministry of Home Affairs, Ministry of Railways, Ministry of Road Transport and Highways, Department of Justice, Department of Legal Affairs, Ministry of Human Resource Development and Ministry of Health and Family Welfare. The Committee also interacted with some NGOs namely Centre for Social Research, Multiple Action Research Group, All India Women Conference and Jagori. The stakeholders heard by the Committee submitted the following views 6. Ministry of Women and Child Development highlighted some of the legal provisions:- (i) The Criminal Law Amendment Act, 2013 and 2018: The Criminal Law Amendment Act, 2013, has broadened the definition of rape to include non-penetrative sex and made the criminal provisions relating to rape and sexual violence more stringent. New offences such as acid attack, stalking, sexual harassment, voyeurism and disrobing have also been included. Duty has been cast on all hospitals to provide free medical treatment to victims of acid attack and rape. Similarly, it is mandatory for all police officers to lodge FIR of all offence punishable under section 326A-B, 354-B, 370-A, 376, 376A-E, 509 IPC; failure to do the same will attract penal provisions against the officer concerned. Recently, the Criminal Law (Amendment) Act, 2018 was enacted which has increased the quantum of punishment for rape from 7 to 10 years. The amendments also prescribe prison sentence of 20 years to life or death sentence, for the rape of a girl under 12 years. While perpetrators involved in the gangrape of a girl below 12 years of age will get life imprisonment or death. (ii) The Sexual Harassment of Women at the Workplace (Prevention, Protection and Redressal) Act, 2013 (the SH Act): The Hon’ble Supreme Court declared that “each incident of sexual harassment of women at workplace results in violation of fundamental rights of ‘Gender Equality’ and the ‘Right to Life and Liberty.” Hence, to provide a safe and secure environment to women at the workplace, the SH Act, 2013 was enacted. The Act came into force on 9th December 2013. It covers all women, irrespective of their age or employment status and protect them against sexual harassment at all workplaces both in public and private sector, whether organized or unorganized. The domestic workers are 8 also included under the ambit of the Act. The law provides for a mechanism in the form of Internal and Local Committee to provide redressal in cases of sexual harassment. It also casts a duty on employers to sensitize employees by carrying out various awareness generation programmes and workshops. (iii) Protection of Children from Sexual Offences Act, 2012 (POCSO):The Protection of Children from Sexual Offences Act, 2012, has been amended recently in order to make it more effective in dealing with cases of Child Sex Abuse in the Country. It addresses the need for stringent measures to deter the
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