BASELINE SURVEY Pilot Project on Legal Literacy in Barabanki {Under UNDP Assisted ‘Access to Justice (A2J) Project’ Department of Justice, Government of India}

Sponsored by :

Deen Dayal Upadhayay State Institute of Rural Development (SIRD), Uttar Pradesh, Lucknow

Conducted by :

Awadh Research Foundation D-1/8, Vineet Khand, Gomti Nagar, Lucknow – 226010. Tel. : 0522 - 2992309, 2306533 Telefax : 0522 – 2306533; E-mail : [email protected] Website : www.arfindia.in

Final Report Baseline Survey Pilot Project on Legal Literacy in Barabanki {Under UNDP Assisted ‘Access to Justice (A2J) Project’ Department of Justice, Government of India}

CONTENTS

REPORT

Sponsored by :

Deen Dayal Upadhayay State Institute of Rural Development (SIRD), Uttar Pradesh, Lucknow

Conducted by :

Awadh Research Foundation D-1/8, Vineet Khand, Gomti Nagar, Lucknow – 226010. Tel. : 0522 - 2992309, 2306533 Telefax : 0522 – 2306533; E-mail : [email protected] Website : www.arfindia.in Baseline Survey for Pilot Project of Legal Literacy in Barabanki {1} {under UNDP Assisted ‘Access to Justice (A2J) Project’}

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Preface

Classically Democracy is government 'of the people, by the people, for the people'. The connotation 'by the people' denotes governance by the people itself. It can be indirect through elected representatives vide universal franchise, but direct governance by the people implies active participation in governance, decision making and development, which in turn prerequisites informed citizenry who can make informed choices on various issues pertaining to governance. It is here where we, as a society, are failing despite having the largest written Constitution and huge body of laws & rules. Maybe we have not empowered the general masses by way of spreading awareness and functional knowledge to actively take part in governance.

No doubt India is having one of the most elaborate Justice Delivery System consisting of Police, Investigation, Prosecution and Courts but there has been hardly any programme or scheme for educating and empowering the general masses regarding various entitlements, procedures and forums to access the Justice Delivery System, as a result whereof the general public is mostly trapped in the cobweb of police, legal practitioners and courts consuming considerable energy and resources, which otherwise would have been invested in productive activities. The recent trend of Rights Based Entitlements Approach and Initiatives by Government of India and State Governments have made it all the more necessary to spread awareness and empower the general public about various processes, procedures and forums to avail those entitlements.

Things are even worse for the marginalized sections of the society – Scheduled Castes, Scheduled Tribes, Forest Dwellers, female and certain sections of minorities, because of comparatively lesser spread of formal education, poverty and socio-cultural legacies among those groups. The fall-out is almost a daily phenomenon of atrocities, exploitation, sexual abuse and domestic violence widely reported in media. The walls of secrecy and lack of awareness regarding entitlements and procedures is resulting in denial and corruption to these vulnerable sections of society.

It is in this background that the Department of Justice, Ministry of Law & Justice, Government of India and the UNDP, commissioned a Pilot Project of Legal Literacy in District Barabanki of Uttar Pradesh. In order to design the strategy & methodology of the legal literacy campaign, the SIRDUP initiated a Base-line Survey (BLS) through Awadh Research Foundation (ARF) – a renowned organization involved in rendering professional services to international agencies and government departments across various development sectors.

Baseline Survey for Pilot Project of Legal Literacy in Barabanki {2} {under UNDP Assisted ‘Access to Justice (A2J) Project’}

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The objective of the Base-line Survey was to gauge the levels of awareness among general public across all socio-demographic groups and women and on the basis of the outcome of BLS to identify gaps, fix Bench Marks, design strategy & methodology of the campaign and design & develop various IEC tools and materials. The survey has been completed and Bench Marks have been fixed in the instant volume. The results of BLS are both eye opening and astonishing. All most zero level of awareness regarding provisions and procedures of free legal aid, maintenance of old parents, domestic violence against women and its legal consequences, legal consequence of employing child labour & child marriage, protection of consumer rights etc are speaking too loudly to ignore if we want to avoid the blame of failing the Constitution.

The thoughtful and onerous task of designing and developing the strategy & methodology of mass awareness and different IEC tools, modules and materials based on the BLS findings is under process.

SIRDUP is thankful to the DOJ, Ministry of Law & Justice, GOI and UNDP & its representatives for providing the opportunity and financial support to undertake this unique Pilot Project.

I am thankful to the entire team of Awadh Research Foundation (ARF) for accomplishing a thorough and comprehensive Base-line Survey while maintaining quality standards right from conceptualization to preparation of the Survey Report.

I would also like to express my gratitude to Dr. O.P. Pandey, Joint Director and Director Centre for People's Participation, Transparency and Accountability (CPTA) and his entire team for their relentless and untiring efforts in this entire process.

N. S. Ravi Date: 01.06.2015 IAS Director General DDU, State Institute of Rural Development Lucknow

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CONTENTS

 List of Baseline Indicators (Combined)  List of Baseline Indicators (Gender-wise)  List of Baseline Indicators (Social Category-wise) Page Chapter Particulars No.

Chapter-1 Introduction ………………………………………………………….... 1

Chapter-2 Respondent Profile ……………………………………………………. 6

Chapter-3 Constitutional & Legal Safeguards …………………………………… 8

Chapter-4 Protection, Prevention, Prohibition & Rights ………………………… 21

Chapter-5 Protection of Vulnerable Groups, Weaker Sections Marginalized …. 31

Chapter-6 Labor Security, Welfare & Maintenance ……………………………... 35

Chapter-7 Good Governance …………………………………………………….. 38

Chapter-8 Social Security, Insurance and Financial Inclusion …………………... 42

Chapter-9 Voices from the Community ………………………………………….. 45

Chapter-10 Identification of Critical Gaps ………………………………………… 51

Chapter-11 Summary Findings & Recommendations …………………………….. 55

Chapter-12 Benchmarks for Critical Area ………………………………………… 58

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COMBINED LIST OF INDICATORS

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LIST OF BASELINE INDICATORS - OVERALL

Sl. Parameters/Variables Baseline No. Value

CONSTITUTIONAL AND LEGAL SAFEGUARDS

1. Heard About the Indian Constitution? (%) 18.00 Fundamental Rights [Article 14 – 32] 2. Equality before Law [Article 14] (%) 43.00 3. Prohibition of Discrimination on Grounds of Religion, Race, Caste, Gender or Place of Birth [Article 15] (%) 2.00 4. Equality of Opportunity in Matters of Public Employment [Article 16] (%) 13.00 5. Prohibition to Practice Untouchability [Article 17] (%) 5.00 6. Freedom of Speech and Expression [Article 19] (%) 56.00 7. Protection of Life & Personal Liberty [Article 21] (%) 67.00 8. Right to Education [Article 21-A] (%) 39.00 9. Prohibition of Traffic in Human Beings & Forced Labour [Article 23] (%) 3.00 10. Prohibition of Employment of Children in Any Hazardous Employment [Article 24] (%) 2.00 11. Freedom of Conscience and Free Profession, Practice and Propagation of Religion [Article 25 to 28] (%) 34.00 12. Right of Minorities to Establish and Administer Educational Institutions [Article 30] (%) 21.00 Fundamental Duties [Article 51-A] 13. To abide by the Constitution & respect its ideals & institution, the National Flag and the National Anthem (%) 68.00 14. To cherish & follow the noble ideals which inspired our national struggle for freedom (%) 0.00 15. To uphold and protect the sovereignty, unity and integrity of India (%) 6.00 16. To defend the country & render national service when called upon to do so (%) 56.00 17. To promote harmony and spirit of common brotherhood; to renounce practices derogatory to the dignity of women (%) 0.00 18. To value & preserve the rich heritage of our composite culture (%) 11.00 19. To protect and improve the natural environment including forests, lakes, rivers & wildlife and to have compassion for living creatures (%) 7.00 20. To develop the scientific temper, humanism & spirit of inquiry & reform (%) 0.00 21. To safeguard public property and to abjure violence (%) 29.00 22. To strive towards excellence in all spheres of individual & collective activity (%) 0.00 23. To provide opportunities for education to his child/ward between the age of six and fourteen years (86th Amendment Act, 2002) [%] 30.00

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Sl. Parameters/Variables Baseline No. Value

FI.R., Arrest and Bail 24. How to Lodge an F.I.R.? (%) 88.00 25. Awareness of Rights when Faced with Arrest (%) 31.00 26. Awareness of Process for Obtaining Bail (%) 72.00 Free Legal Aid 27. Awareness of Provisions of Free Legal Aid (%) 8.00 28. Awareness of Eligibility of Free Legal Aid (%) 0.00 29. Awareness of Institutions Providing Free Legal Aid (%) 0.00

PROTECTION, PREVENTION, MAINTENANCE, PROHIBITION AND RIGHTS OF WOMEN & CHILDREN

30. Awareness of Acts Related to Domestic Violence (%) 19.00 31. Point/Place of Lodging Complaints of Domestic Violence (%) 10.00 32. Awareness of Provisions on Dowry Prohibition (%) 48.00 33. Circumstances for Claiming Maintenance (Hindu Wife) (%) 9.00 34. Right of Widow to Claim Maintenance (Hindu Wife) (%) 23.00 35. Awareness Regarding Legal Age for Marriage (%) 79.00 36. Awareness Regarding Penalties for Child Marriage (%) 1.00 37. Penalties for Employing Child Labour (%) 9.00 38. Awareness that Sexual Offences Against Children are Punishable under Law (%) 91.00 39. Actions Treated as Sexual Offences Against Children (%) 29.00 40. Awareness of Separate Law for Care & Protection of Children/Juveniles (%) 17.00

PROTECTION OF VULNERABLE GROUPS, MARGINALIZED & WEAKER SECTIONS

41. Awareness of Law for Prevention of Atrocities on SCs and STs (%) 71.00 42. Awareness that Practice of Bonded Labour System is Illegal & Punishable (%) 54.00 43. Awareness of Key Provisions for Abolition of Bonded Labour (%) 15.00 44. Awareness of Right of Maintenance for Parents & Senior Citizens (%) 1.00 45. Awareness of Provisions for Maintenance for Parents & Senior Citizens (%) 7.00

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Sl. Parameters/Variables Baseline No. Value

LABOUR SECURITY, WELFARE AND MAINTENANCE 46. Awareness of Provisions for Equal Wages for Equal Work (%) 24.00 47. Awareness of Provisions of Maternity Benefits to Working Women (%) 9.00

GOOD GOVERNANCE

48. Quantity of Entitlements under the Public Distribution System (%) 88.00 49. Awareness of Law for Protection of Interests of Consumers (%) 15.00 50. Knowledge of Common Complaints Admissible for Relief under Consumer Protection Law (%) 1.00 51. Awareness of Right to Information Act (%) 26.00 52. Knowledge of Critical Provisions under RTI (%) 6.00

SOCIAL SECURITY, INSURANCE & FINANCIAL INCLUSION

53. Indira Gandhi National Old Age Pension Scheme (IGNOAPS) [%] 100.00 54. Indira Gandhi National Widow Pension Scheme (IGNWPS) [%] 88.00 55. National Family Benefit Scheme (NFBS) [%] 72.00 56. Indira Gandhi National Disability Scheme [%] 95.00 57. National Health Insurance Scheme [%] 29.00 58. Janani Suraksha Yojana (JSY) [%] 79.00

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List of Baseline Indicators – Gender

Sl. Baseline Value (%) Parameters/Variables No. Males Females Average CONSTITUTIONAL AND LEGAL SAFEGUARDS

1. Heard About the Indian Constitution? 32.00 2.00 18.00 Fundamental Rights [Article 14 – 32] 2. Equality before Law [Article 14] 65.00 19.0043.00 43.00 Prohibition of Discrimination on Grounds of Religion, Race, Caste, Gender or 3. 4.00 0.00 2.00 Place of Birth [Article 15] 4. Equality of Opportunity in Matters of Public Employment [Article 16] 23.00 2.00 13.00 5. Prohibition to Practice Untouchability [Article 17] 8.00 3.00 5.00 6. Freedom of Speech and Expression [Article 19] 72.00 37.00 56.00 7. Protection of Life & Personal Liberty [Article 21] 77.00 54.00 67.00 8. Right to Education [Article 21-A] 61.00 22.00 39.00 9. Prohibition of Traffic in Human Beings & Forced Labour [Article 23] 6.00 0.00 3.00 10. Prohibition of Employment of Children in Hazardous Employment [Article 24] 3.00 1.00 2.00 Freedom of Conscience & Free Profession, Practice & Propagation of Religion 11. 31.00 24.00 34.00 [Article 25 to 28]

Right of Minorities to Establish and Administer Educational Institutions 12. 36.00 4.00 21.00 [Article 30] Fundamental Duties [Article 51-A] To abide by the Constitution & respect its ideals & institution, the National 13. 87.00 46.00 68.00 Flag and the National Anthem To cherish & follow the noble ideals which inspired our national struggle for 14. 0.00 0.00 0.00 freedom 15. To uphold and protect the sovereignty, unity and integrity of India 10.00 0.00 6.00 16. To defend the country & render national service when called upon to do so 79.00 28.00 56.00 To promote harmony and spirit of common brotherhood; to renounce 17. 0.00 0.00 0.00 practices derogatory to the dignity of women 18. To value & preserve the rich heritage of our composite culture 16.00 4.00 11.00 To protect and improve the natural environment including forests, lakes, 19. 5.00 9.00 7.00 rivers & wildlife and to have compassion for living creatures 20. To develop the scientific temper, humanism & spirit of inquiry & reform 0.00 0.00 0.00 21. To safeguard public property and to abjure violence 34.00 23.00 29.00 22. To strive towards excellence in all spheres of individual & collective activity 0.00 0.00 0.00 To provide opportunities for education to his child/ward between the 23. 31.00 29.00 30.00 age of six and fourteen years (86th Amendment Act, 2002) FI.R., Arrest and Bail 24. How to Lodge an F.I.R.? 92.00 83.00 88.00 25. Awareness of Rights when Faced with Arrest 85.00 15.00 31.00 26. Awareness of Process for Obtaining Bail 98.00 39.00 72.00 Free Legal Aid 27. Awareness of Provisions of Free Legal Aid 12.00 3.00 8.00 28. Awareness of Eligibility of Free Legal Aid 0.00 0.00 0.00 29. Awareness of Institutions Providing Free Legal Aid 0.00 0.00 0.00

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Sl. Baseline Value (%) Parameters/Variables No. Males Females Average PROTECTION, PREVENTION, MAINTENANCE, PROHIBITION AND RIGHTS OF WOMEN & CHILDREN 30. Awareness of Acts Related to Domestic Violence 27.00 16.00 19.00 31. Point/Place of Lodging Complaints of Domestic Violence 14.00 5.00 10.00 32. Awareness of Provisions on Dowry Prohibition 61.00 34.00 48.00 33. Circumstances for Claiming Maintenance (Hindu Wife) 15.00 4.00 9.00 34. Right of Widow to Claim Maintenance (Hindu Wife) 31.00 15.00 23.00 35. Awareness Regarding Legal Age for Marriage 81.00 77.00 79.00 36. Awareness Regarding Penalties for Child Marriage 2.00 0.00 1.00 37. Penalties for Employing Child Labour 0.00 0.00 0.00 38. Awareness that Sexual Offences Against Children are Punishable under Law 94.00 88.00 91.00 39. Actions Treated as Sexual Offences Against Children 37.00 20.00 29.00 40. Awareness of Separate Law for Care & Protection of Children/Juveniles 21.00 12.00 17.00 PROTECTION OF VULNERABLE GROUPS, MARGINALIZED & WEAKER SECTIONS 41. Awareness of Law for Prevention of Atrocities on SCs and STs 73.00 69 71.00 42. Awareness that Practice of Bonded Labour System is Illegal & Punishable 59.00 47 54.00 43. Awareness of Key Provisions for Abolition of Bonded Labour 23.00 6 15.00 44. Awareness of Right of Maintenance for Parents & Senior Citizens 2.00 0 1.00 45. Awareness of Provisions for Maintenance for Parents & Senior Citizens 11.00 2 7.00 LABOUR SECURITY, WELFARE AND MAINTENANCE 46. Awareness of Provisions for Equal Wages for Equal Work for Men & Women 33.00 14 24.00 47. Awareness of Provisions of Maternity Benefits to Working Women 14.00 2 9.00 GOOD GOVERNANCE 48. Quantity of Entitlements under the Public Distribution System 98.00 76 88.00 49. Awareness of Law for Protection of Interests of Consumers 18.00 12 15.00 Knowledge of Common Complaints Admissible for Relief under Consumer 50. 2.00 0 1.00 Protection Law 51. Awareness of Right to Information Act 32.00 18 26.00 52. Knowledge of Critical Provisions under RTI 10.00 0 6.00 SOCIAL SECURITY, INSURANCE & FINANCIAL INCLUSION 53. Indira Gandhi National Old Age Pension Scheme (IGNOAPS) 100.00 100.00 100.00 54. Indira Gandhi National Widow Pension Scheme (IGNWPS) 94.00 81.00 88.00 55. National Family Benefit Scheme (NFBS) 96.00 43.00 72.00 56. Indira Gandhi National Disability Scheme 98.00 90.00 95.00 57. National Health Insurance Scheme 38.00 18.00 29.00 58. Janani Suraksha Yojana (JSY) 95.00 60.00 79.00

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List of Baseline Indicators – Social Category

Sl. Baseline Value (%) Parameters/Variables No. SC/ST OBC GEN MINORITY Average CONSTITUTIONAL AND LEGAL SAFEGUARDS 1. Heard About the Indian Constitution? 7.00 14.00 72.00 14.00 18.00 Fundamental Rights [Article 14 – 32] 2. Equality before Law [Article 14] 33.00 59 .00 61.00 27.0043.00 43.00 Prohibition of Discrimination on Grounds of 3. Religion, Race, Caste, Gender or Place of Birth 1.00 1.00 10.00 1.00 2.00 [Article 15] Equality of Opportunity in Matters of Public 4. 2.00 10.00 48.00 19.00 13.00 Employment [Article 16] Prohibition to Practice Untouchability 5. 3.00 5.00 23.00 2.00 5.00 [Article 17] 6. Freedom of Speech and Expression [Article 19] 59.00 57.00 72.00 39.00 56.00 7. Protection of Life & Personal Liberty [Article 21] 59.00 68.00 78.00 70.00 67.00 8. Right to Education [Article 21-A] 30.00 43.00 76.00 38.00 39.00 Prohibition of Traffic in Human Beings & Forced 9. 1.00 2.00 12.00 2.00 3.00 Labour [Article 23] Prohibition of Employment of Children in 10. 2.00 1.00 1.00 7.00 2.00 Hazardous Employment [Article 24] Freedom of Conscience & Free Profession, 11. Practice & Propagation of Religion 21.00 38.00 63.00 49.00 34.00 [Article 25 to 28] Right of Minorities to Establish and Administer 12. 12.00 18.00 43.00 34.00 21.00 Educational Institutions [Article 30] Fundamental Duties [Article 51-A] To abide by the Constitution & respect its ideals & 13. institution, the National Flag and the National 48.00 76.00 90.00 78.00 68.00 Anthem To cherish & follow the noble ideals which 14. 0.00 0.00 0.00 0.00 0.00 inspired our national struggle for freedom To uphold and protect the sovereignty, unity and 15. 2.00 4.00 23.00 5.00 6.00 integrity of India To defend the country & render national service 16. 31.00 62.00 88.00 68.00 56.00 when called upon to do so To promote harmony and spirit of common 17. brotherhood; to renounce practices derogatory to 0.00 0.00 0.00 0.00 0.00 the dignity of women To value & preserve the rich heritage of our 18. 3.00 9.00 32.00 13.00 11.00 composite culture To protect and improve the natural environment 19. including forests, lakes, rivers & wildlife and to 7.00 3.00 5.00 26.00 7.00 have compassion for living creatures To develop the scientific temper, humanism & 20. 0.00 0.00 0.00 0.00 0.00 spirit of inquiry & reform

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Sl. Baseline Value (%) Parameters/Variables No. SC/ST OBC GEN MINORITY Average To safeguard public property and to abjure 21. 27.00 25.00 43.00 30.00 29.00 violence To strive towards excellence in all spheres of 22. 0.00 0.00 0.00 0.00 0.00 individual & collective activity To provide opportunities for education to his 23. child/ward between the age of six and 19.00 32.00 69.00 24.00 30.00 fourteen years (86th Amendment Act, 2002) FI.R., Arrest and Bail 24. How to Lodge an F.I.R.? 49.00 72.00 92.00 55.00 88.00 25. Awareness of Rights when Faced with Arrest 21.00 31.00 55.00 29.00 31.00 26. Awareness of Process for Obtaining Bail 52.00 86.00 91.00 72.00 72.00 Free Legal Aid 27. Awareness of Provisions of Free Legal Aid 3.00 11.00 18.00 9.00 8.00 28. Awareness of Eligibility of Free Legal Aid 0.00 0.00 0.00 0.00 0.00 Awareness of Institutions Providing Free Legal 29. 0.00 0.00 0.00 0.00 0.00 Aid PROTECTION, PREVENTION, MAINTENANCE, PROHIBITION AND RIGHTS OF WOMEN & CHILDREN 30. Awareness of Acts Related to Domestic Violence 16.00 23.00 42.00 8.00 19.00 Point/Place of Lodging Complaints of Domestic 31. 2.00 3.00 13.00 2.00 10.00 Violence 32. Awareness of Provisions on Dowry Prohibition 39.00 57.00 68.00 38.00 48.00 Circumstances for Claiming Maintenance (Hindu 33. 8.00 11.00 16.00 6.00 9.00 Wife) Right of Widow to Claim Maintenance (Hindu 34. 16.00 23.00 31.00 21.00 23.00 Wife) 35. Awareness Regarding Legal Age for Marriage 68.00 90.00 91.00 73.00 79.00 Awareness Regarding Penalties for Child 36. 0.00 1.00 3.00 1.00 1.00 Marriage 37. Penalties for Employing Child Labour 0.00 0.00 0.00 0.00 0.00 Awareness that Sexual Offences Against Children 38. 82.00 95.00 98.00 97.00 91.00 are Punishable under Law Actions Treated as Sexual Offences Against 39. 25.00 28.00 54.00 25.00 29.00 Children Awareness of Separate Law for Care & Protection 40. 6.00 13.00 56.00 21.00 17.00 of Children/Juveniles PROTECTION OF VULNERABLE GROUPS, MARGINALIZED & WEAKER SECTIONS Awareness of Law for Prevention of Atrocities on 41. 63.00 86.00 90.00 48.00 71.00 SCs and STs Awareness that Practice of Bonded Labour 42. 43.00 62.00 81.00 44.00 54.00 System is Illegal & Punishable Awareness of Key Provisions for Abolition of 43. 7.00 12.00 47.00 16.00 15.00 Bonded Labour Awareness of Right of Maintenance for Parents 44. 0.00 1.00 5.00 5.00 1.00 & Senior Citizens Awareness of Provisions for Maintenance for 45. 2.00 5.00 12.00 4.00 7.00 Parents & Senior Citizens LABOUR SECURITY, WELFARE AND MAINTENANCE Awareness of Provisions for Equal Wages for 46. 20.00 28.00 43.00 15.00 24.00 Equal Work for Men & Women Awareness of Provisions of Maternity Benefits to 47. 1.00 5.00 20.00 2.00 9.00 Working Women

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Sl. Baseline Value (%) Parameters/Variables No. SC/ST OBC GEN MINORITY Average GOOD GOVERNANCE Quantity of Entitlements under the Public 48. 87.00 88.00 91.00 87.00 88.00 Distribution System Awareness of Law for Protection of Interests of 49. 4.00 18.00 38.00 6.00 15.00 Consumers Knowledge of Common Complaints 50. Admissible for Relief under Consumer 0.00 1.00 5.00 0.00 1.00 Protection Law 51. Awareness of Right to Information Act 10.00 39.00 60.00 14.00 26.00 52. Knowledge of Critical Provisions under RTI 0.00 6.00 18.00 3.00 6.00

SOCIAL SECURITY, INSURANCE & FINANCIAL INCLUSION Indira Gandhi National Old Age Pension Scheme 53. 100.00 100.00 100.00 100.00 100.00 (IGNOAPS) Indira Gandhi National Widow Pension Scheme 54. 33.00 95.00 84.00 90.00 88.00 (IGNWPS) 55. National Family Benefit Scheme (NFBS) 58.00 87.00 80.00 68.00 72.00

56. Indira Gandhi National Disability Scheme 91.00 93.00 97.00 94.00 95.00

57. National Health Insurance Scheme 14.00 38.00 74.00 16.00 29.00

58. Janani Suraksha Yojana (JSY) 79.00 70.00 86.00 76.00 79.00

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1. INTRODUCTION

1.1 Background Around one-third of India‟s population have no formal education. Most of them live in rural areas, with social & economic barriers playing an important role in keeping the lowest strata of society illiterate. Even literates in the country are often helpless & confused in the face of a violation or infringement of a right enforceable in law/or entitlements under specific programs/schemes. It is a widely accepted fact across the country that most citizens are ignorant of their legal rights, human rights, civil liberties, constitutional mandates, specific entitlements through schemes/programs and other laws of the land – aimed at defending & protecting our dignity, freedom, right to equality and access to justice.

The Possible Solution The Indian society is filled with various categories of persons whose rights are violated regularly – “Most often it happens that the vulnerable groups, including schedules castes & poor, the deprived or the exploited scheduled tribes, women, children and the disabled. of the country remain poor and deprived and are unable to seek Many groups are historically oppressed and denied redress simply because they are not mainstream opportunities or are unable to function aware of the rights they are as the main-stream does. Majority of such groups are guaranteed and the remedies that unable to take action to remedy their situation are available.” because they are not even aware that they are --- Justice Y.K. Sabharwal assured certain rights. (Former Chief Justice of India) Under the situation, one often wonders about the possible options for bringing about a qualitative change at the grassroots level; and in improving the level of awareness among citizens – so as to facilitate a transparent and accountable governance system truly based on the „Rule of Law‟. Many experts believe that improving the level of legal literacy might be the possible alternative to this issue. When citizens, particularly marginalized or underprivileged groups, know what “Improving Legal Literacy can be the law has to offer them, they can recognize and crucial in enabling citizens in challenge injustices much more forcefully. becoming aware of their rights and The first step towards that knowledge of law, which empowering them to fight for their can transform people's lives, is legal literacy. In rights.” doing so, it is essential to use this knowledge as a tool for vulnerable groups to be able to understand and critique the law, to familiarize themselves with the scope of their rights under the law, and eventually to assert their rights as a means to take action and bring in change.

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1.2 Pilot Project of Legal Literacy in Barabanki Based on some of its experiences in other States of the country, the Ministry of Law & Justice, Government of India (DoJ), under the UNDP assisted Access to Justice (A2l) Project has commissioned Deen Dayal Upadhayay State Institute of Rural Development (SIRDUP), Lucknow to conduct a Pilot Project of Legal Literacy in District Barabanki. The objective of the pilot is two-fold, namely – (i). spreading legal literacy and awareness among general masses to access formal justice delivery system; and (ii). to avail various entitlements created by the Government of India GoI and/or the State Government through various social legislations, laws & rules and the like. The coverage of the Legal Literacy Project spans 10 Development Blocks in district Barabanki of Uttar Pradesh. The coverage of the Legal Literacy Project spans 10 Development Blocks in district Barabanki of Uttar Pradesh, as elucidated below --- 1. Block Banki : 62 Gram Panchayats 2. Block Masauli : 48 Gram Panchayats 3. Block Dewa : 79 Gram Panchayats 4. Block Harakh : 65 Gram Panchayats 5. Block Fatehpur : 87 Gram Panchayats 6. Block Haidergah : 59 Gram Panchayats 7. Block Sidhaur : 77 Gram Panchayats 8. Block Nindura : 78 Gram Panchayats 9. Block Trivediganj : 59 Gram Panchayats 10. Block Ramnagar : 72 Gram Panchayats

In order to institutionalize an efficient and effective implementing mechanism, SIRDUP commissioned Awadh Research Foundation (ARF), Lucknow as a Consultant for providing support to the Access to Justice (A2J) Project in Barabanki. The scope of the consultancy involved three specific activities, as presented below ---

1. Conducting a Baseline Study for Gap Identification and Needs Assessment. 2. Preparing/customizing – (i). Training & Capacity Building Materials & Modules ; and (ii). IEC Materials & IEC Strategy for the A2J Project. 3. Facilitating the Validation & Finalization of – (i). Training & Capacity Building Materials & Modules; and (ii). IEC Materials & IEC Strategy for the A2J Project.

1.3 Baseline Study for Gap Identification & Needs Assessment To begin with, the assignment involved undertaking a Baseline Study across the project area. The study focused its attention on the following, namely --- 1. Assessing the level of legal, procedural & entitlement awareness among masses. 2. Identifying gaps hindering the spread of legal literacy among the masses. 3. Demarcating benchmarks with regard to various aspects.

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The Approach The study involved the following specific activities, namely --- 1. Conducting a Quick Listing exercise in all the villages selected for the study; 2. Conducting In-depth Interviews (IDIs) with households/families; 3. Conducting Focus Group Discussions (FGDs) at the Gram Panchayat (GP) level; and 4. In-depth Discussions with functionaries/representatives from various spectrums across various levels – district, block, down to the village level.

Study Sample The sampling plan adopted for the study was in conformity to the stipulations articulated in the terms of reference (ToR) designed for the assignment by the program managers at the Deen Dayal Upadhayay State Institute of Rural Development (SIRDUP), Lucknow. In doing so, the sampling plan adopted for the baseline study was as elucidated below -- -- A total of 4 blocks (out of the 10 A2J Project blocks) in Barabanki were selected for the study. In doing so, Literacy Rate and Proportion of Most Deprived Sections of the community (SC/ST Population) were taken as the surrogate measure for selection of the blocks. From the blocks thus identified, 10 Gram Panchayats (GPs) were selected in each of the four selected blocks – using the simple random sampling method. Thus, the study covered a total of 40 GPs (10 GPs per block x 4 blocks) across district Barabanki. In each GP thus identified, the research team carried-out a quick listing exercise of 50 households for the study. From the list thus prepared, 20 Households were selected for detailed survey and in-depth interviews (IDIs) in each of the 10 GPs selected for the study. Thus, the study cover a total of 800 Households (200 Households per Block) in district Barabanki. During the course of the identification of the respondent households, due care was taken to ensure adequate representation (minimum one-third) to various respondent categories, including – women, minorities and marginalized & deprived (BPL) sections of the society.

Study Instruments The study process involved the collection of information through the following instruments, designed specifically for the purpose – 1. Listing Sheet 2. Household Questionnaire 3. Focus Group Discussion (FGD) Sheet

Baseline Survey for Pilot Project of Legal Literacy in Barabanki {3} {under UNDP Assisted ‘Access to Justice (A2J) Project’}

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1.4 Issues Probed During the course of the baseline study, it was our endeavour to focus our attention on assessing the level of awareness and knowledge of the respondents regarding various Constitutional & legal safeguards (including laws, procedures and enactments), rights, duties, entitlements and the like. Specifically, the following issues were probed in depth during the course of the study --- 1. Constitutional & Legal Safeguards : A. Fundamental Rights (Articles 14-32) B. Fundamental Duties (Article 51 A) C. Equal Justice, Free Legal Aids Part IV Article 39-A D. The Legal Services Authorities Act, 1987 E. First Information Report (FIR) Section 154 of CRPC, 1973 F. Arrest (Section 41 of Cr. P.C, 1973) and Detention G. Bail (Section 436 of Cr. P.C, 1973) 2. Women’s Security, Welfare and Maintenance : A. The Dowry Prohibition Act, 1961 B. Protection of Women from Domestic Violence Act, 2005 C. The Married Women‟s Property Act, 1874 D. The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 E. The Indecent Representation of Women (Prohibition) Act, 1986 F. The Immoral Traffic (Prevention) Act, 1956 G. The Pre-Natal Diagnostic Techniques (Regulation and Prevention of misuse) Act, 1994 3. Children’s Security, Welfare and Maintenance : A. The Prohibition of Child Marriage Act, 2006 B. The Protection of Children from Sexual Offences Act, 2012 C. The Right of Children to Free and Compulsory Education Act, 2009 D. Juvenile Justice (Care and Protection of Children) Act, 2000 E. The Child Labour (Prohibition & Regulation) Act, 1986 4. Protection of Vulnerable Groups, Marginalized & Weaker Sections : A. The Scheduled Castes and Tribes (Prevention of Atrocities) Act, 1989 B Maintenance and Welfare of Parents and Senior Citizens Act, 2007 C Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 D The Scheduled Tribes and Other Traditional Forest Dwellers (Recog- nition of Forest Rights) Act, 2006

Baseline Survey for Pilot Project of Legal Literacy in Barabanki {4} {under UNDP Assisted ‘Access to Justice (A2J) Project’}

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5. Labour Security, Welfare and Maintenance : A. The Bonded Labour System (Abolition) Act, 1976 B. The Equal Remuneration Act, 1976 C. The Maternity Benefit Act, 1961 D. The Minimum Wages Act, 1948 E. The Unorganized Workers Social Security Rules, 2009 F. The Mahatma Gandhi National Rural Employment Guarantee Act, 2005 (MGNREGA) 6. Good Governance : A. Public Distribution System and Food Security B. U. P. Janhit Guarantee Adhiniyam, 2011 C. Right to Information Act, 2005 D. The Consumer Protection Act, 1986 E. The Uttar Pradesh Lokayukta and UP-Lokayukta Act-1975 7. Social Security, Insurance & Financial Inclusion : A. Janani Suraksha Yojna B. Indira Awaas Yojna (IAY) C. Integrated Child Development Services (ICDS) Scheme D. Mid Day Meal Schemes (MDM) E. Schemes of Pre-Matric and Post Matric Scholarships for SC/ST, OBC, Disabilities Students F. Indira Gandhi National Widow Pension Scheme G. Indira Gandhi National Disabled Persons Pension Scheme H. Indira Gandhi National Old Age Pension Scheme I. Rashtriya Swasthya Bima Yojna (RSBY) J. Pradhan Mantri Jan Dhan Yojana (PMJDY) K. AADHAAR Card

Baseline Survey for Pilot Project of Legal Literacy in Barabanki {5} {under UNDP Assisted ‘Access to Justice (A2J) Project’}

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CHAPTER–2 RESPONDENT PROFILE

The socio-economic profile of the respondents is dominated by disadvantaged and underprivileged sections of the rural society. Majority of the respondents are socially and economically poor, occupationally low-earning and educationally backward women. This chapter elaborates upon the caste, demographic, occupational and educational profile of the beneficiaries.

2.1 Caste Composition The perusal of caste affiliation of the survey Table-1 : respondents reveals that more than two-fifth (41 Caste-wise Profile of Respondents percent) of them hailing from the traditionally Proportion (%) Particular marginalized scheduled castes, 38 percent from [n = 800] the backward castes and 12 percent to the General 88 (11%) minorities (Table-1). OBC 272 (34%) The remaining (9 percent) of the respondents SC/ST 288 (36%) belong to the general category. Minorities 152 (19%)

2.2 Gender Profile During the course of the baseline survey, specific attempts Table-2 : were made to ensure that females and males were equally Gender Profile of Respondents represented in the sample. Proportion (%) Particular [n = 800] A detailed gender-wise analysis of the profile of the Males 54% respondents covered during the study indicates that while Females 46% slightly more than one-half (54%) of the respondents were males, while the remaining (46%) were females (Table-2).

2.3 Demographic Profile Table-3 : An analysis of the age-wise distribution of the Age-wise Distribution of Respondents respondents for the baseline survey reveals a fair Age Cohort Proportion (%) representation from all age groups. While slightly less (in years) [n = 800] than one-third (32 percent) of them are presently in 18-25 14.94% the age group of 26 to 35 years, another 29 percent of 26-35 30.52% the beneficiaries are between 36-45 years. There is also 36-45 28.57% a reasonably decent representation of the elderly 46-55 19.68% population among the respondents – with 6 percent of 56-65 4.55% them being more than 55 years of age. >65 1.74% Significantly, almost 15 percent of the beneficiaries represent the younger population of the society being in the age group of 18 to 25 years (Table-3).

Baseline Survey for Pilot Project of Legal Literacy in Barabanki {6} {under UNDP Assisted ‘Access to Justice (A2J) Project’}

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2.4 Educational Attainments An analysis of the educational Table-4 : attainments of the respondents Educational Attainment of Respondents interviewed during the survey reveals a % Level of Completed Education fair representation of all educational [n = 800] groups – with around one-third (30%) of Illiterate 30% them being completely illiterate and a Literate but No Formal Education 9% small proportion (9%) being barely literate (having received only non-formal Less than Primary 2% education). Primary (5th Standard) 14% Middle School (8th Standard) 18% A small and extremely significant High School (10th Standard) 9% proportion (11%) of the respondents were Intermediate (12th Standard) 7% found to be either graduates or post- Graduate 7% graduates. An overview of the Post Graduate/Professional Degree/Diploma 4% educational attainments of the respondent households covered during the course of the baseline study have been presented alongside (Table-4).

2.5 Occupational Profile Table-5 : Analysis of the survey data reveals that slightly less than Primary Occupation of Respondents one-third (32%) of the respondents have agriculture as % Occupation their primary occupation, while another 15 percent are [n = 800] agricultural labourers. Agriculture 32% Agricultural Labour 15% A small, proportion (7%) of the respondents were Construction Labour 7% construction labourers, who work in nearby urban Self Employed 5% areas, while another 5 percent of them were found to be Household Work 23% self employed (artisans, petty traders, shopkeepers and Students 7% the like). Others 11%

Although less than one-fourth (23%) of the total women respondents (interviewed during the course of the survey) reported household chores as their primary occupation, the remaining were found engaged in either agriculture or agricultural labour as their primary occupation.

Further, another small (yet extremely significant) proportion (7%) of the respondents were students – out of which, 4 percent were found pursuing post-graduation/ professional courses and the remaining (3%) had completed their graduation and were presently preparing for higher education (Table-5).

Baseline Survey for Pilot Project of Legal Literacy in Barabanki {7} {under UNDP Assisted ‘Access to Justice (A2J) Project’}

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CHAPTER–3 CONSTITUTIONAL AND LEGAL SAFEGUARDS

The Legal Literacy Campaign in Uttar Pradesh under the Access to Justice (A2J) Project aims at spreading legal literacy and awareness among general masses to, so as to enable them in accessing the formal justice delivery system; and to avail various entitlements created by the Government of India and/or the State Government through various social legislations, laws & rules and the like. In light of his fact, it is crucial for the programme managers to ascertain the level of awareness among the citizens regarding various legislations, rules, laws & entitlements so as to enable them in identifying the critical gaps and to design a strategy for bridging the same.

This chapter dwells upon the levels of awareness of the respondents across various social categories and gender regarding various Constitutional and Legal Safeguards envisaged in our system, including – their fundamental rights; fundamental duties; equal justice; free legal aid; first information report (FIR); arrest, detention and bail.

3.1 Fundamental Rights [Article 14 – 32]

The Fundamental Rights, Directive Principles of State Policy and Fundamental Duties are sections of the Constitution of India that prescribe the fundamental obligations of the State to its citizens and the duties of the citizens to the State. These sections comprise a constitutional bill of rights for government policy-making and the behaviour and conduct of citizens. These sections are considered vital elements of the constitution, which was developed between 1947 and 1949 by the Constituent Assembly of India.

The Fundamental Rights are defined as the basic human rights of all citizens of the country. These rights apply irrespective of race, place of birth, religion, caste, creed or sex. They are enforceable by the courts, subject to specific restrictions.

An analysis of the data collected during the course of Table-6 : the baseline survey reveals an extremely disappointing Heard About term ‘Constitution’? scenario – with merely 18 percent of the respondents Particular Yes No Total having any knowledge of the term „Constitution‟ Male 137 295 432 (Table-6). Out of this, only around 10 percent of the Female 7 361 368 respondents were actually able to articulate the actual significance of the Constitution. Total 144 656 800

The respondents who indicated some awareness regarding the Constitution and its importance, were further probed about their awareness regarding various Fundamental Rights enshrined therein. In doing so, efforts were made by members of the research team to assess the level of awareness and knowledge among the respondents regarding various rights defined under the Fundamental Rights in the Indian Constitution, including the following : Right to Equality (Articles 14–16); Right to Freedom (Articles 19–22); Right against Exploitation (Articles 23–24); Right to Freedom of Religion (Articles 25–28); Cultural and Educational Rights (Articles 29–30); and the Right to Constitutional Remedies (Article 32).

Baseline Survey for Pilot Project of Legal Literacy in Barabanki {8} {under UNDP Assisted ‘Access to Justice (A2J) Project’}

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Table-7 : Awareness/Knowledge about Fundamental Rights --- Male vs. Female

Legal Obs. Males (n=432) Obs. Females (n=368) Provisions/Entitlements Yes Somewhat Completely Yes Somewhat Completely [Articles 14 to 30] Aware Aware Unaware Aware Aware Unaware

Equality before Law [Article 14] 281 26 307 70 18 280

Prohibition of Discrimination on Grounds of Religion, Race, Caste, 18 9 405 0 11 357 Gender or Place of Birth [Article 15]

Equality of Opportunity in Matters of Public Employment 99 13 320 7 7 354 [Article 16]

Prohibition to Practice 35 26 371 11 7 350 Untouchability [Article 17] Freedom of Speech and 311 39 82 136 40 192 Expression [Article 19] Protection of Life & Personal 333 48 51 199 81 88 Liberty [Article 21]

Right to Education [Article 21-A] 264 56 112 81 26 261

Prohibition of Traffic in Human Beings & Forced Labour 25 43 364 0 15 353 [Article 23]

Prohibition of Employment of Children in Any Hazardous 13 18 401 4 0 364 Employment [Article 24]

Freedom of Conscience and Free Profession, Practice and 186 52 194 88 70 290 Propagation of Religion [Article 25 to 28]

Right of Minorities to Establish and Administer Educational 156 30 246 15 14 339 Institutions [Article 30]

An analysis of the data collected during the course of the baseline survey reveals a dismal situation – with a significant proportion of the respondents (both males and females) expressing their complete ignorance regarding the most of the rights (Table-7).

It is only five rights {namely – the Right to Equality before Law [Article 14], the Freedom of Speech & Expression [Article 19], the Protection of Life & Personal Liberty [Article 21], the Right to Education [Article 21-A] and the Freedom of Free Profession, Practice & Propagation of Religion [Article 25 to 28]} that managed to elicit some degree of awareness on behalf of the respondents.

In majority of the other cases, the level of awareness & knowledge of the respondents was almost negligible – as is evident from the figures provided alongside (Figures: 1a and 1b).

Baseline Survey for Pilot Project of Legal Literacy in Barabanki {9} {under UNDP Assisted ‘Access to Justice (A2J) Project’}

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Even regarding those rights Figure-1a : Awareness/Knowledge about Fundamental Rights which the respondents were [Articles 14-21]

able to identify and articulate to

95% 91%

the enumeration team 84%

67% 56%

members, the depth of 51% 43%

knowledge was found to be 34%

17%

16%

13%

10%

6%

5%

4%

3% 3% lacking in most cases. For 2%

instance when the respondents … who had indicated some …

awareness regarding the Right Practice

to Education [Article 21-A] [Article17]

Equality of Equality

Grounds of Grounds

Prohibitionto

Untouchability

[Article19]

[Article21]

[Article14]

Employment

Prohibition of

Opportunity inOpportunity and Expression Expression and

were requested to explain the ofPublicMatters

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Religion,Cas Race,

Freedom ofSpeech Protection of Life & Protection Life of details, most of them beforeEquality Law mentioned that it provides for Yes Aware Somewhat Aware Completely Unaware free school education, mid-day meals and free text books & uniforms for their children. Almost none of the respondents was found to be aware about the specific provisions governing this right – that of the right to obtain free and compulsory education for all children in the age group of six to fourteen years upto the elementary level and the fact that the provisions are applicable for both government schools, as well as various un-aided/private schools.

The lack of knowledge regarding their fundamental rights was Figure-1b : Awareness/Knowledge about Fundamental Rights [Articles 21A-30]

exemplified by the fact that when 96% probed about the rights 90%

pertaining to prohibition of 73%

51%

45% 39%

discrimination on grounds of 34%

21%

16%

15%

7%

6%

3% 2% religion, race, caste, gender or 2%

place of birth [Article 15] and the

…

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untouchability [Article 17],

A]

-

Free Right of of Right

majority of the respondents 21

Right to to Right

Minorities to to Minorities Administer Administer

Establish and and Establish

Freedom of of Freedom

Hazardous Hazardous

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Employment of of Employment Any in Children Prohibition of Prohibition

across all categories and gender and Conscience

Beings & Forced Forced & Beings

Labour [Article [Article Labour

Profession, Prac Profession, Traffic in Human in Traffic were candid enough to admit [Article Education that they had no idea that both Yes Aware Somewhat Aware Completely Unaware these acts are prohibited. Smt. Sugna Devi (a native of Gram Panchayat Tera Kalan, Dewa Block, Barabanki) mentioned: “We always believed that these are unwritten social norms that one has to abide by ---- we have no idea that there is any specific law in this regard”.

Baseline Survey for Pilot Project of Legal Literacy in Barabanki {10} {under UNDP Assisted ‘Access to Justice (A2J) Project’}

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3.2 Fundamental Duties [Article 51-A] The Fundamental Duties of citizens were added to the Constitution by the 42nd Amendment in 1976, upon the recommendations of the Swaran Singh Committee that was constituted by the government earlier that year.

Originally ten in number, the Fundamental Duties were increased to eleven by the 86th Amendment in 2002, which added a duty on every parent or guardian to ensure that their child or ward was provided opportunities for education between the ages of six and fourteen years. The other Fundamental Duties obligate all citizens to respect the national symbols of India, including the Constitution, to cherish its heritage, preserve its composite culture and assist in its defence. They also obligate all Indians to promote the spirit of common brotherhood, protect the environment and public property, develop scientific temper, abjure violence, and strive towards excellence in all spheres of life. Citizens are morally obligated by the Constitution to perform these duties.

However, the Fundamental Duties are non-justifiable, without any legal sanction in case of their violation or non-compliance. There is a reference to such duties in international instruments such as the Universal Declaration of Human Rights and International Covenant on Civil and Political Rights and Article 51-A brings the Indian Constitution into conformity with these treaties.

An analysis of the information collected during the course of the baseline survey indicates that both male and female possess a reasonably decent awareness regarding their duty to respect the National Flag and National Anthem and to defend their country (and render national service) when called upon to do so. However, regarding all the other components pertaining to the Fundamental Duties, the overall level of awareness and knowledge of the respondents was observed to be almost negligible (Table-8).

Figure-2a : Awareness/Knowledge about Fundamental Duties (Article 51-A)

91% 90% 93% 68% 56% 36% 24% 8% 9% 8% 0% 6% 4% 0% 7%

Yes Aware Somewhat

Aware freedom

integrity of India ofintegrity Completely

spirit of commonof spirit

dignity of womenofdignity

render national service service national render sovereignty, unity and unity sovereignty,

& respect is ideals & ideals is respect & Unaware

To defend the country & country thedefend To

To promote harmony & harmonypromoteTo

To cherish & followthe & cherish To

when called upon to do so do toupon called when

To uphold and protect theprotect upholdand To

our national struggle forstrugglenational our

brotherhood, to renounce renounce tobrotherhood,

and the National AnthemNationalthe and

practices derogatory to theto derogatory practices

noble ideals which inspired which ideals noble

To abide by the Constitution Constitution the by abide To Flag Nationalinstitution, the

Baseline Survey for Pilot Project of Legal Literacy in Barabanki {11} {under UNDP Assisted ‘Access to Justice (A2J) Project’}

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Table-8 : Awareness/Knowledge about Fundamental Duties --- Male vs. Female

Obs. Males (n=432) Obs. Females (n=368) Legal Provisions/Entitlements [Article 51-A] Yes Somewhat Completely Yes Somewhat Completely Aware Aware Unaware Aware Aware Unaware

To abide by the Constitution & respect its ideals & institution, the National 375 30 `27 169 33 166 Flag and the National Anthem To cherish & follow the noble ideals which inspired our national struggle for 0 48 384 0 24 344 freedom

To uphold and protect the sovereignty, 45 28 359 0 5 363 unity and integrity of India

To defend the country & render national 341 26 65 103 37 228 service when called upon to do so

To promote harmony and spirit of common brotherhood amongst all the people of India transcending religious, 0 37 395 0 20 348 linguistic and regional and sectional diversities; to renounce practices derogatory to the dignity of women

To value & preserve the rich heritage of 69 13 350 15 11 342 our composite culture To protect and improve the natural environment including forests, lakes, 20 47 365 36 18 314 rivers & wildlife and to have compassion for living creatures To develop the scientific temper, 0 0 432 0 0 368 humanism & spirit of inquiry & reform

To safeguard public property and to 147 48 237 85 14 269 abjure violence

To strive towards excellence in all spheres of individual and collective activity so that the nation constantly 0 0 432 0 0 368 rises to higher levels of endeavour and achievement

To provide opportunities for education to his child or, as the case may be, ward 134 56 242 106 25 237 between the age of six and fourteen years (86th Amendment Act, 2002)

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As is evident from the figure presented below, the findings of the baseline survey suggests that there is hardly an awareness/knowledge among the masses regarding most of the fundamental duties – be it preserving the heritage of the nation‟s composite culture; protecting the natural environment; developing scientific temper; safeguarding public property and abjuring violence (Fig.-2b). In majority of the cases, the respondents were of the opinion that all these were the responsibility of the government.

Figure-2b : Awareness/Knowledge about Fundamental Duties (Combined)

100% 100% 86% 85% 63% 60% 29% 30% 11% 7% 8% 8% 10% Yes 3% 0% 0% 0% 0% Aware Somewhat Aware

Completely 14yrs.

Unaware -

violence

reform

activity

creatures

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age of6 age

education his to

opportunitiesfor

compositeculture

To safeguard public safeguard To

To strive towards towards strive To

spiritofinquiry&

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compassion forlivingcompassion

property and to abjuretoproperty and

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To value & preserve&the value To

child/ward between the the child/ward between

of individual/collective

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Even when probed about their awareness regarding heir du of providing education for their children/wards, less than one-third of the respondents had actually heard about this fundamental duty. Alhough most of the other respondents accepted that it was their „moral responsibility‟ to get their children/wards educated, yet they re-iterated that on the whole, it was largely the duty of the government to take care of this issue.

3.3 F.I.R., Arrest and Bail During the course of the survey, it was our endeavor to study the level of awareness and knowledge of the respondents (across various categories of gender and social milieu) regarding the crucial provisions pertaining to filing of first information reports (FIRs), arrests and bail. In doing so, the responses emanating subsequent to the analysis of the data, have been discussed below in greater detail.

{A}. Filing a First Information Report (F.I.R.)

1. Awareness Regarding F.I.R. Majority of the respondents (across Table-9 : Aware About ‘F.I.R.’ ? all socio-economic groups covered Yes Somewhat Not Particular Total during the base-line survey) were Aware Aware Aware found to understand the meaning and relevance of a first information Male 397 22 13 432 report, as is evident in the matrix Female 305 18 45 368 given alongside (Table-9). An 702 40 58 800 Total overwhelming majority (92%) of (88%) (5%) (7%) (100%) the males interviewed during the survey could clearly articulate the meaning and relevance of a FIR – with most of them being well aware that if required, one can file a first information report at the police station that is nearest to the place of incident. An almost similar level of awareness was observed among the women respondents as well – with 83 percent of them being reasonably well aware about this aspect.

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However, this is as far as one 92% can get with regard to the level 83% of awareness among the respondents regarding the provisions for filing an FIR. Regarding all the finer aspects, Male such as – the possible Female alternatives in case of refusal 13% by the police to lodge a 5% 4% 3% complaint, the process of filing an FIR, the critical issues that Yes Aware Somewhat Not Aware one must mention in her/his Aware complaint, etc. – it was observed that the level of awareness was largely poor – even among the relatively educated respondents.

2. Process of Lodging a F.I.R. All the respondents who indicated some awareness regarding the filing of a FIR were further probed about the various processes involved in the same. In doing so, it was revealed that slightly more than one-half (51%) of the respondents were aware of the fact that a FIR can be registered even another person on behalf of the actual complainant. While another 24 percent of the respondents mentioned that they had some idea of this provision, the remaining however, were candid enough to accept that they had no knowledge of the same. Table-10 : How to Lodge a FIR? {Male-Female Combined/N=742} Yes Somewhat Not Awareness of Various Aware Aware Aware Total Provisions Regarding FIR (%) (%) (%) That in case a person is unable to travel to the nearest police station, she/he can still file a 51% 24% 25% 100% complaint by sending another person to do so on his/her behalf That a FIR can be in written form 83% 11% 6% 100% That a FIR can be both in written and oral form 60% 17% 23% 100% That in case of an oral complaint, the police has 36% 10% 54% 100% to read out the matter to the complainant That a complainant has the right to get his/her complaint modified in case the facts mentioned 45% 20% 35% 100% in the FIR are incomplete/incorrect That one must never put his/her signature/ thumb impression on a complaint that is 47% 31% 22% `100% incomplete/incorrect

That in case the police refuses to file a complaint, the same can be sent directly to the 31% 22% 47% 100% Superintendent of Police through registered post

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Regarding the nature of a FIR, it was heartening to note that a healthy three-fifth (60%) of the respondents were aware that it can either be in written or oral form. However, very few of them were actually aware of their rights when filing an oral report – such as asking the concerned police officer to read out the matter; or to get the complaint modified in case the facts mentioned in the FIR are incomplete/incorrect. In fact, more than one-half (54%) of the respondents mentioned that they were completely ignorant of the fact that it is their right to request the concerned police officer to read out the entire complaint after it has been written and to make the requisite changes – as deemed necessary by the complainant (Table-10).

{B}. Rights of a Citizen when Faced with an Arrest During the course of the survey, an attempt was made to assess the status of awareness of the respondents regarding their rights when faced with an arrest. In doing so, it was revealed that although a majority (79%) of them are actually aware that it is the right of every person being arrested to know the grounds for the same, the level of knowledge pertaining to other related rights is quite appalling to say the least (Table-11).

Table-11 : Awareness of Rights when Faced with Arrest {N=800} Yes Somewhat Not Awareness of Rights Aware Aware Aware Total When Faced With Arrest (%) (%) (%)

It is the right of every person being arrested by the police to 79% 14% 7% 100% know the grounds for the same

It is the right of every person being arrested to be informed 43% 14% 43% 100% whether the nature of crime (bailable/non-bailable)

That, policemen must wear visible & legible identification when 15% 7% 78% 100% arresting a person and when carrying out interrogation.

A person arrested must be produced before a Judicial 37% 18% 45% 100% Magistrate/Judge within 24 hours of his/her arrest It is illegal to keep an accused in police custody for more than 32% 16% 52% `100% 24 hours without permission of the Judicial Magistrate/Judge No woman cannot be arrested between sunset & sunrise 3% 6% 91% 100% A woman accused cannot be kept in a male lock-up 48% 11% 41% 100% In case it is necessary to question a woman, the same can be done only at her home and no-where else 0% 3% 97% 100% {It is the right of a woman to refuse to go to the police station for questioning} It is the right of a citizen to insist for a copy of a written order in 0% 0% 100% 100% case he/she is called to the police station for questioning

It is illegal to take an adolescent (under 15 years of age) to the 16% 19% 65% 100% police station for questioning

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In fact, less than one-half (43%) of the respondents were actually found to be aware of the fact that it the right of every person being arrested to be informed whether the crime is bailable or non-bailable.

Remarked Shri. Om Prakash Dixit (a 65 years old native of village Ranapur, Block, Haider- garh) : “अऩयाध ज़भानती है मा फपय गैय ज़भानती, मे जानना हभाया अधधकाय है, ऐसा हभ भᴂ से शामद ही फकसी को ऩता है --- हभ तो फस मे जानते हℂ फक एक फाय जेर हो गमी, तो अऩयाध कैसा बी हो, 핍म啍ती की ऩूयी ज़ज़ॊदगी को셍ट-कचहयी औय वकीरⴂ के च啍कय भᴂ गुजय जानी है. ऩुलरस को अऩना अधधकाय जता कय ऩयेशानी थोड़ े ही भोर रेनी है -- अगय अधधकाय जताने रगे, तो ना जाने फकतने औय केस दामय हो जाएॉ”.

Further, with regard to their awareness of the fact that an arrested person must be produced before a Judicial Magistrate/Judge within 24 hours of his/her arrest, only slightly more than one-third (37%) of the respondents were found to have some knowledge, while almost one-half (45%) of them were found to be ignorant about this crucial right. The awareness of this right was found to be slightly higher among the educated respondent groups, as compared to the others.

Regarding the rights of women when faced with detention and/or arrest, it was quite disappointing to observe that an ov erwhelming majority (91%) of the respondents (across all social and educational profiles) were completely ignorant of the fact that it was unlawful to arrest a woman between sunset and sunrise – that is, after dusk. In fact, the only right that some of the respondents (48%) were actually aware of was that an arrested woman cannot be kept in a male lock-up/cell.

The level of awareness of the respondents regarding the provisions of arrest for adolescents (children less than 15 years of age) was also quite low – with less than one-fifth (16%) of them being actually aware that it illegal to take them to the police station for questioning regarding an alleged crime.

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{C}. Process for Obtaining Bail It was heartening to observe that all respondent categories taken together, a reasonably good proportion (76%) of the respondents were aware of the fact that it is the right of an arrested person to obtain bail for a bailable offence. Further, majority of them (72%) were also found to be aware that the police is authorized to sanction bail to an arrested person in case of a bailable offence (Table-12).

Table-12 : Awareness of Process for Obtaining Bail {N=800} Yes Somewhat Not Awareness of Rights to Obtain Bail Aware Aware Aware Total (%) (%) (%)

Bailable Offence

Right of an accused to obtain bail for a bailable offence 76% 10% 14% 100% Police is authorized to sanction bail for a bailable offence 72% 9% 19% 100% An accused has to provide his/her thumb impression/ 61% 18% 21% 100% signature on the bail application An accused might be asked to produce a collateral/ 79% 12% 9% 100% guarantor at the time of applying for bail

Non-Bailable Offence The police cannot provide bail for a non-bailable offence 70% 11% 19% 100% It is the prerogative of the Judicial Magistrate/Judge to 72% 16% 12% 100% provide bail for a non-bailable offence

It was heartening to observe that all respondent categories taken together, a reasonably good proportion (76%) of the respondents were aware of the fact that it is the right of an arrested person to obtain bail for a bailable offence. Further, almost four-fifth (79%) of the respondents were also found to be aware of the fact that a person appling for bail might be asked to produce a collateral/guarantor at the time of applying for bail.

{D}. Provision of Free Legal Aid 1. Awareness Regarding Provision of Free Legal Aid As is evident from the matrix Table-13 : Awareness of Provisions of Free Legal Aid given alongside, the level of Respondent Yes Somewhat Not Total awareness among the masses Category Aware Aware Aware (n=800) regarding the provision of free legal aid is extremely low – with Male 12% 5% 83% 432 an overwhelmingly large prop- Female 3% 2% 95% 368 ortion (88%) of the respondents being completely unaware Overall % 8% 4% 88% 100% about the same.

Among those who claimed to possess some knowledge about this provision, the only aspect that was actually known to them was that free legal counsel is provided by the courts to those persons who are extremely poor and cannot afford the expenses of a legal case.

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2. Awareness Regarding Eligibility of Free Legal Aid The respondents who indicated Table-14 : Awareness of Eligibility of Free Legal Aid some awareness regarding the provision of free legal aid were Respondent Yes Somewhat Not Total Category Aware Aware Aware (n=96) probed in greater detail regarding their knowledge about the Male 0% 0% 100% 77 eligibility criteria laid down for Female 0% 0% 100% 19 the same. Average 0% 0% 100% 100% In doing so, it was found that none of the respondents were actually aware about the type/category of persons who were entitled to avail free legal aid – as is evident from the matrix presented below (Table-14).

Fig. 2g : Awareness of Eligibility of Free Legal Aid

100% 100%

0% 0% 0% 0%

Yes Aware Somewhat Aware Not Aware

Male Female

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3. Awareness Regarding Institutions Providing Free Legal Aid Regarding the various Table-15 : Awareness of Institutions Providing Free Legal Aid institutions established {N=800} Yes Somewhat Not for providing free legal Awareness of Aware Aware Aware Total aid to the masses, it was Specific Institution (%) (%) (%) extremely disappointing to observe that all the District Legal Services Authority 0% 0% 100% 100% categories (of gender and State Legal Services social milieu) taken 0% 0% 100% 100% together, none of the Authority respondents evidenced High Court Legal 0% 0% 100% 100% an knowledge about the Services Committee existence of these Supreme Court Legal 0% 0% 100% 100% institutions – an aspect Services Committee that warrants the urgent attention of the programme managers (Table-15).

Fig. 2h : Awareness of Eligibility of Free Legal Aid

100% 100% 100% 100%

0%0% 0%0% 0%0% 0%0%

District Legal State Legal High Court Supreme Services Services Legal Court Legal Authority Authority Services Services Committee Committee

Yes Aware (%) Somewhat Aware (%) Not Aware (%)

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AREAS OF CONCERN

1. Extremely poor awareness regarding the ‘Constitution’ and its significance  Scenario similar across all categories – be it males, females, educated, uneducated, resourceful or deprived sections of the society.

2. Extremely poor awareness regarding most Fundamental Rights There is an urgent need to generate awareness among the masses regarding the following crucial fundamental rights that evidenced very little understanding and appreciation ---  Prohibition to Practice Untouchability [Article 17]  Prohibition of Traffic in Human Beings & Forced Labour [Article 23]  Prohibition of Employment of Children in Hazardous Employment [Article 24]

3. Extremely poor awareness regarding most Fundamental Duties There is an urgent need to generate awareness among the masses regarding the following crucial fundamental duties enshrined under the Constitution, namely --  To value & preserve the rich heritage of our composite culture  To protect and improve the natural environment including forests, lakes, rivers & wildlife and to have compassion for living creatures  To develop scientific temper, humanism and spirit of inquiry & reform

4. Poor awareness regarding rights of citizens when faced with arrest It is imperative to create awareness among the masses regarding their rights when interacting with the police, especially at the time of detention and/or arrest ---  Rights of women when faced with questioning, detention and/or arrest  Rights of juveniles when faced with questioning, detention and/or arrest

5. Huge gap between the provision of Free Legal Aid and its awareness & knowledge among the masses  Urgent need to generate awareness regarding the provisions of free legal aid  Imperative to focus upon developing awareness among the community members regarding the eligibility criteria and institutions responsible for providing free legal aid.

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CHAPTER–4 PROTECTION, PREVENTION, MAINTENANCE, PROHIBITION AND RIGHTS

This chapter dwells upon the levels of awareness of the respondents across various provisions pertaining to the protection, prevention, maintenance, prohibition and rights, with specific focus on the rights of women, children and adolescents. In doing so, the chapter dwells upon the level of awareness and appreciation among the masses regarding various legal provisions, including – the Protection of Women from Domestic Violence Act, 2005; Dowry Prohibition Act, 1961; Protection and Maintenance of Women; Rights of Children and Juveniles; Prohibition of Child Marriage; Child Labour (Prohibition and Regulation); Protection of Children from Sexual Offences; and Juvenile Justice (Care and Protection of Children).

4.1 Protection of Women from Domestic Violence One of the key parameters of the baseline study was to assess the level of awareness and knowledge of the respondents regarding the crucial provisions pertaining to the protection of various rights pertaining to women. In doing so, specific focus was laid to study the level of understanding of the respondents (across various categories of gender, age and caste profiles) regarding he provisions on protection of women from domestic violence.

1. Awareness of Actions Related to Domestic Violence Analysis of the information collected during the course of the survey reveal an extremely poor level of understanding among the respondents with regard to the very concept of domestic violence (Table-16).

Table-16 : Awareness of Acts Related to Domestic Violence {N=800} Yes Somewhat Not Awareness of Acts Aware Aware Aware Total Related to Domestic Violence (%) (%) (%)

Harassment, harm, physical violence aimed at forcing/ coercing a woman to meet any unlawful demand for dowry 67% 24% 12% 100% or other valuable items/proper, etc.

Economic abuse (such as forcibly snatching one‟s earnings/ deprivation of all or an economic or financial resources 21% 15% 64% 100% including srtidhan, jointly owned properties, etc.) of a women member of the household

Sexual abuse (including conduct of a sexual nature that abuses, humiliates, degrades or otherwise violates the 11% 12% 77% 100% dignity of women)

Establish forced sexual relationship with any woman 2% 5% 93% 100% member of the family (including wife) without consent

Verbal and emotional abuse (such as ridiculing, humiliating, 0% 3% 97% `100% name calling, repeated threats o cause physical pain/harm)

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As is evident from the matrix presented on the previous page, there appears to be an extremely low level of awareness and understanding among the masses regarding acts that may be deemed as domestic violence against women.

One encouraging fact emerging from the survey is that reasonably decent proportion (67%) of the respondents appear to be aware of the fact that it is unlawful to cause harassment, physical violence or harm to women within the household (to force/ coerce them to meet unlawful demands for dowry/other valuable items/properties and the like).

However, regarding all other aspects (such as – economic abuse, forced sexual relationships, verbal and emotional abuse, etc.), the level of awareness among the respondents appears to be extremely poor, with majority of the respondents including men and women alike indicating that they consider these as matters intrinsic to the household and had nothing to do with the legal system whatsoever.

Smt. Chandni Mishra (a graduate and a native of village Tera Kalan, block Dewa), remarked ironically : “घयेर ू हहॊसा तो फहुतये े ऩरयवायⴂ भᴂ होती है -- हभ भहहराएॊ कय 啍मा सकती हℂ?? अधधक से अधधक भैके (ऩीहय) चरे जाते हℂ!! इसका कौन सा सभाधान है हभाये ऩास?? काननू कौन जानता है??”

2. Point/Place of Lodging Complaints Regarding the process of lodging complaints, majority of the respondents mentioned that in an extreme case of domestic violence, the only place where one can lodge a formal complaint is the nearest police station. Other than this, not a single respondent was found to be aware of the option of a service provider or protection officer (provided under the Protection of Women from Domestic Violence Act, 2005) – as is evident from the matrix presented alongside (Table-17).

Table-17 : Awareness of Process of Lodging Complaints {N=800} Yes Somewhat Not Where can one lodge a Domestic Aware Aware Aware Total Violence complaint? (%) (%) (%)

Nearest Police Station 73% 19% 8% 100%

Office of Service Provider 0% 0% 100% 100%

Office of Protection Officer 0% 0% 100% 100%

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3. Punishment under Domestic Violence Act An analysis of the information gathered during the course of the baseline survey indicates an extremely poor level of awareness among the masses regarding the punishment envisaged under the law for an act of domestic violence. Majority of the interviewed respondents believed that the only punishment for such an act could be a jail sentence. However, none of them could actually articulate the specific term of such a sentence or the other reliefs available to a person thereof.

4.2 Prohibition of Dowry

1. Awareness of Provisions on Dowry Prohibition Regarding the issue of prohibition of dowry, while most respondents (across both genders) were found to be largely aware that it is illegal to demand and/or to take dowry, hardly any one of the respondents were actually aware of the various provisions envisaged under the Dowry Prohibition Act.

Table-18 : Awareness of Provisions on Dowry Prohibition {N=800} Yes Somewhat Not Provisions on Dowry Aware Aware Aware Total Prohibition (%) (%) (%)

Asking for and accepting dowry is 83% 11% 6% 100% punishable under law

Giving dowry is also punishable 36% 15% 50% 100% under law

Persons acting as middlemen in giving and/or accepting dowry are 72% 21% 7% 100% also liable to be punished under law Quantum of Penalty (jail term of upto 5 years and/or a 2% 7% 91% 100% fine of at-least Rs. 15,000/- or the amount of the value of dowry)

In-depth probing during the course of the survey revealed ha majority (94%) of the respondents were largely aware that asking and accepting dowry is illegal and is punishable under law. However, less than two-fifth (36%) were found to be aware that the act of giving dowry is also punishable under law (Table-18).

Regarding awareness of the quantum of penal/punishment prescribed under law for asking/accepting or giving dowry, an extremely poor (9%) of the respondents were found to have some idea in his regard – while he majority (91%) had no knowledge regarding the same.

4.3 Protection and Maintenance of Women One of the major focus areas of the baseline study was to assess the level of awareness of the respondents regarding various provisions for the protection and maintenance of women. In doing so, separate attempts were made to study the awareness & knowledge of the masses with regard to both the Hindu Adoptions and Maintenance Act (1956), as well as, the

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Muslim Marriage Act. The findings of this effort have been discussed in the sub-section presented below.

1. Circumstances for Claiming Maintenance (Hindu Wife) All categories taken together, it was revealed that a reasonably decent proportion (61%) of the respondents were actually aware that it is the right of a Hindu woman to receive maintenance (for herself and her dependent children) from her husband in case of a divorce. However, the level of awareness regarding the other possible situations whereby a woman can legally claim maintenance for herself and her children, was observed to be extremely poor, as is evident from the matrix presented below (Table-19).

Table-19 : Circumstances for Claiming Maintenance (Hindu Wife) {N=616} Yes Somewhat Not Awareness of Circumstances Aware Aware Aware Total (%) (%) (%)

Woman divorced or deserted by husband 61% 13% 26% 100% Woman living separately out of fear/apprehension of physical harm on account of cruelty by husband 7% 5% 88% 100%

Husband guilty of extra-marital relationship 0% 0% 100% 100%

Religious conversion by husband 0% 0% 100% 100%

Husband has another wife living 0% 0% 100% 100%

Husband has a concubine living in the same house 0% 0% 100% 100% as wife/habitually resides with concubine elsewhere

Any other cause justifying living separately 0% 0% 100% 100%

With regards to the rights of a widow to obtain/claim maintenance for herself and her dependent children (in case she is unable to maintain herself out of her own earnings or other property), it was revealed that very few of the respondents possessed some degree of awareness regarding this provision.

Table-20 : Right of Widow to Claim Maintenance (Hindu Wife) {N=616} Yes Somewhat Not Right of Widow to Claim Maintenance Aware Aware Aware Total (Hindu Wife) (%) (%) (%) Right of widowed woman to obtain maintenance from estate of her husband 76% 11% 13% 100% Right of widowed woman to obtain maintenance from estate of her own father or mother 2% 7% 91% 100% Right of widowed woman to obtain maintenance 0% 0% 100% 100% from own son or daughter (if any) or his/her estate Right of widowed woman to obtain maintenance from father-in-law 16% 27% 57% 100%

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An encouraging three-fourth (76%) of the respondents were found to be aware that a widowed Hindu woman had rights to seek maintenance from the estate/property of her departed husband. However, none of the respondents were aware of the fact that a Hindu widow was entitled to seek maintenance from her own parents or children (Table-20).

Further, less than one-fifth (16%) of the respondents were found to be aware of the fact that in case a widowed woman is unable to maintain herself (out of her own earnings or other property), she is entitled to obtain maintenance from her father-in- law as well. Although the level of awareness of the existence of a specific law to this effect was low among the various respondent groups, majority of them were candid enough to admit that such a system has always been in practice – with widowed women being taken care of by their in-laws in the event of the unfortunate death of her husband.

4.4 Rights of Children and Juveniles During the course of the baseline study, it was our mandate to measure the level of awareness of the masses regarding the various rights pertaining to children and juveniles enshrined in our Constitution. The findings of this effort have been discussed in the sub- sections presented below.

1. Awareness Regarding Legal Age for Marriage All categories taken Table-21 : Awareness of Legal Age for Marriage together, it was revealed Respondent Yes Somewhat Not Total that majority (79%) of Category Aware Aware Aware (n=800) the respondents were aware about the legal Male 81% 12% 7% 432 age of marriage (that is Female 77% 9% 14% 368 21 years for boys and 18 Overall % 79% 11% 10% 100% years for girls). Analyzed separately, the level of knowledge was observed to be lower among women (77%) vis- à-vis the male (81%) respondents (Table-21).

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2. Awareness Regarding Penalties for Child Marriage An analysis of the information collected during the course of the baseline survey reveals that although majority of the respondents are reasonably aware that child marriage is punishable under law, the knowledge regarding specific deterrents, (such as the quantum of punishment, etc.) is extremely poor.

All categories taken together, none of the respondents were found to be aware about the quantum of punishment provided under the law for abetting, solemnizing, permitting, or promoting child marriage – as is evident from the matrix presented below (Table-22).

Table-22 : Awareness Regarding Penalties for Child Marriage

Yes Somewhat Not Total Penalties Aware Aware Aware (n=800)

2 years rigorous imprisonment or Rs. 1 lakh penalty or both for a male adult marrying a 3% 1% 96% 100% child 2 years rigorous imprisonment or Rs. 1 lakh penalty or both for a person (including 0% 0% 100% 100% priest) solemnizing a child marriage 2 years rigorous imprisonment or Rs. 1 lakh penalty or both for a person (including parents/guardians)/ organization/ 0% 0% 100% 100% institution/association of persons promoting or permitting a child marriage

3. Child Labour (Prohibition and Regulation) Regarding the aspect of Table-23 : Awareness of Prohibition of Child Labour child labour, an analysis of the survey data Respondent Yes Somewhat Not Total revealed that while more Category Aware Aware Aware (n=800) than two-third (67%) of Male 73% 15% 12% 432 the respondents were aware and sensitive to Female 61% 10% 29% 368 the fact it is wrong and Overall % 67% 13% 20% 100% illegal to employ children (less than 14 years of age) as labour (Table-23).

However, many of the remaining respondents indicated that although they believed that it was improper to employ children as labour, yet they had little idea about the specific areas that prohibited the employment of children.

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Although slightly more Table-24 : Penalties for Employing Child Labour than one-fourth (27%) of Awareness of Yes Somewhat Not Total the inter-viewed Penalties Aware Aware Aware (n=800) respondents indicated Jail of 3 months some awar-eness that a 0% 27% 63% 100% person found employing to 2 years children (< 14 years old) Fine of Rs. as labour could be 0% 0% 100% 100% 10,000–30,000 arrested and imprisoned, Either or Both yet none of them could 0% 0% 100% 100% actually articulate the of the Above quantum of the penalty. Further, none of the respondents seemed to be aware about the provision of imposition of fine in such a case – as is evident from the matrix presented above (Table-24).

4. Protection of Children from Sexual Offences The Protection of Children from Sexual Offences Act, 2012 was drafted to specifically address the issue of sexual offences committed against children, which until then was tried under laws that did not differentiate between adult and child victims. The punishments provided in the law are stringent and are commensurate with the gravity of the offence. The offence is considered 'aggravated' if committed by a person in a position of authority such as a public servant or member of the security forces.

The law defines a child as Table-25 : Awareness that Sexual Offences Against anyone below the age of 18 Children are Punishable under Law years and does not Respondent Yes Somewhat Not Total differentiate between a boy Category Aware Aware Aware (n=800) or girl child victim and includes not only Male 94% 6% 0% 432 penetrative assault under Female 88% 9% 3% 368 the ambit of sexual abuse Overall % 91% 7% 2% 100% but also includes visual, verbal and physical sexual abuse as well.

Fig. 3-c : Awareness that Sexual Offences Against Children are Punishable under Law

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During the course of the baseline survey, an effort was made to assess the level of understanding & awareness of the masses regarding various acts of sexual offence against children and their appreciation of the legal deterrents pertaining to the same. In doing so, an analysis of the data indicates that majority of the respondents (91%) are actually aware that sexual offences against children are punishable under law (Table-25).

Further probing however revealed that majority of the respondents believed that only penetrative sexual assault was treated as a sexual offence under law. Extremely few of the respondents were found to be aware of the other acts that are considered to be offences under the law, including visual, verbal and non-penetrative physical abuse – as is evident from the matrix presented below (Table-26).

Table-26 : Actions Treated as Sexual Offences Against Children & Punishment

Yes Somewhat Not Total Nature of Offences & Punishments Aware Aware Aware (n=800)

Penetrative Sexual Assault – punishable with not less than 7-10 years of jail (and extendable 87% 12% 1% 100% to life imprisonment) and fine

Sexual Assault without Penetration (act with sexual intent involving physical contact without penetration) – punishable with not 12% 9% 79% 100% less than 3 years of jail (extendable to 5-7 years) and fine Sexual Harassment of Child – punishable with 11% 13% 76% 100% not less than 3 years of jail and fine

Use of Child for Pornographic Purposes – 7% 5% 88% 100% punishable with 5 -7 years of jail and fine

5. Juvenile Justice (Care and Protection of Children) The Juvenile Justice (Care and Protection of Children) Act, 2000 is the primary legal framework for juvenile justice in India. The Act provides for a special approach towards the prevention and treatment of juvenile delinquency and provides a framework for the protection, treatment and rehabilitation of children in the purview of the juvenile justice system. This law, brought in compliance of the 1989 UN Convention on the Rights of the Child (UNCRC), repealed the earlier Juvenile Justice Act of 1986 after India signed and ratified the UNCRC in 1992. This Act has been further amended in 2006 and 2010.

One of the important Table-27 : Awareness of Separate Law for Care & mandates of the base-line Protection of Children/Juveniles survey was to assess the Respondent Yes Somewhat Not Total level of awareness & Category Aware Aware Aware (n=800) knowledge of the masses regarding the provision of a Male 21% 5% 74% 432 separate law for the care Female 12% 7% 81% 368 and protection of juveniles. Overall % 17% 6% 77% 100% In doing so, an analysis of the data indicates an extremely low level of awareness among the respondents – with only less than one-fourth (23%) having some degree of awareness regarding this crucial aspect. Majority (77%) of the respondents evinced a complete ignorance of the

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existence of such a separate law for the care & protection of children/juveniles in the country (Table-27).

Fig. 3-d : Awareness of Separate Law for Care & Protection of Children/Juveniles

The respondents who articulated some awareness regarding the law for care & protection of children/juveniles, were further probed about the various provisions enshrined therein. In doing so, it was extremely disappointing to note that the level of awareness regarding the same was extremely poor – as is evident from the matrix presented below (Table-28).

Table-28 : Provisions for Juvenile Justice (Care & Protection)

Yes Somewhat Not Total Provisions Aware Aware Aware (n=184)

That it is mandatory for a policemen responsible for arresting a juvenile to be in 7% 10% 83% 100% plain clothes

That an arrested juvenile cannot be handcuffed 5% 7% 88% 100%

That an arrested juvenile cannot be put in lock- 10% 9% 81% 100% up and/or jail

That an arrested juvenile has to be presented before the Juvenile Justice Board within 24 14% 11% 75% 100% hours of his/her arrest

That all arrested juveniles have a right to 9% 4% 87% 100% obtain Free Legal Aid

Majority of the respondents were candid enough to express their complete ignorance about the various provisions including the prohibition to handcuff (88%) and put a juvenile in police lock-up (81%). Further, an overwhelming majority (87%) of the respondents were also completely unaware of the provision of free legal aid for juveniles faced with charges of committing an offence.

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AREAS OF CONCERN

1. Negligible understanding of the concept of Domestic Violence  Urgent need to hammer at the misconception that domestic violence is a part-and-parcel of the fabric of a household and that it has nothing to do with legal provisions.  Imperative to focus at generating awareness regarding various institutions (service providers and protection officers) available for providing relief to victims.

2. Huge need to generate awareness regarding situations under which a woman can claim maintenance

3. Extremely poor awareness regarding sexual offences against children There is an urgent need to generate awareness among the masses regarding the following crucial issues, namely ---  To generate adequate awareness among the community regarding actions that are liable to be treated as sexual offences against children  Felt need to generate awareness regarding the deterrents and punishments for committing sexual offences against children

4. Extremely limited knowledge regarding provisions pertaining to the care and protection of juveniles, especially when faced with questioning, detention and/or arrest.

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CHAPTER–5 PROTECTION OF VULNERABLE GROUPS, MARGINALIZED & WEAKER SECTIONS

This chapter dwells upon the levels of awareness of the respondents regarding various provisions related to the protection of vulnerable groups and marginalized & weaker sections of the society. In doing so, the chapter dwells upon the level of awareness and knowledge of the masses regarding various provisions, including – the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act and Rules; the Rights of Forest Dwellers; and the Bonded Labour System (Abolition) Act, 1976.

5.1 Prevention of Atrocities on Scheduled Castes & Scheduled Tribes The Scheduled Castes and Tribes (Prevention of Atrocities) Act, 1989 is an Act of the Parliament of India enacted to prevent atrocities against scheduled castes and scheduled tribes. The purpose of the Act is to assist the social inclusion of the scheduled castes and scheduled tribes into the Indian society. One of the key areas of focus of the baseline study was to assess the level of awareness & knowledge of the respondents regarding the various provisions pertaining to the prevention of prevention of atrocities on scheduled castes & tribes in the project area. In doing so, the findings of this effort have been discussed in the following sub-sections.

1. Awareness of Specific Legal Framework for Prevention of Atrocities on Scheduled Castes & Scheduled Tribes Regarding awareness of the Table-29 : Awareness of Legal Framework for Prevention prevention of atrocities on of Atrocities on SCs and STs scheduled castes and tribes, it was heartening to observe that a Respondent Yes Somewhat Not Total majority of the respondents Category Aware Aware Aware (n=800) (91%) were largely aware about Male 73% 19% 8% 432 the existence of a specific legal Female 69% 22% 9% 368 frame-work for the protection of rights of the deprived sections of Overall % 71% 20% 9% 100% the society (Table-29).

Fig. 4-a : Awareness of Legal Framework for Prevention of Atrocities on SCs and STs

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However, in-depth discussions revealed that extremely few of them were actually aware about the penalties/punishments prescribed for committing atrocities on members of the SC/ST households.

5.2 Abolition of Bonded Labour System There still exists in different parts of our country a system under which the debtor or his descendents have to work along with one or more than one member of the family for the creditor for a specified or an unspecified period without any market wage or without minimum wage notified by the Government in order to discharge a debt. This system originated from the uneven social structure characterized by feudal and semi-feudal conditions. It is an outcome of certain categories of indebtedness, like customary obligations, forced labour, begar or indebtedness which have been prevailing for a long time involving certain economically exploited, helpless and weaker sections of society. They agree to render service to the creditor in lieu of a debt. At times, several generations work under bondage for the repayment of a paltry sum, which had been taken by some remote ancestor, often at usurious rates of interest. This is an unequal exchange system which in its totality represents one of the worst violations of basic human rights and a disgrace to the dignity of labour.

The issue of „bonded labour‟ came to fore-front at the national level when it was included in the erstwhile twenty-point programme on 1st July, 1975. Thereafter, based on the Constitutional provision, the „Bonded Labour System (Abolition) Ordinance‟ was promulgated, which was subsequently replaced by the Bonded Labour System (Abolition) Act, 1976. The objective of the Act is to provide for the abolition of bonded labour system with a view to preventing the economic and physical exploitation of the weaker sections of the people and for matters connected therewith or incidental thereto.

During the course of the baseline study, an attempt was made to assess the level of awareness of the respondents regarding the various provisions enshrined in the Bonded Labour System (Abolition) Act in the project area. In doing so, the findings of this effort have been discussed in the sub-sections presented below.

1. Awareness that Practice of Bonded Labour is Illegal Analysis of the information Table-30 : Awareness that Practice of Bonded Labour collected during the course System is Illegal & Punishable of the baseline survey rev- ealed that majority (80%) Respondent Yes Somewhat Not Total of the respon-dents are Category Aware Aware Aware (n=800) actually aware of the fact Male 59% 23% 18% 432 that practice of bonded Female 47% 29% 24% 368 labour is illegal and is punishable under law Overall % 54% 26% 20% 100% (Table-30).

2. Awareness of Provisions under Law for Abolition of Bonded Labour The respondents, who evinced some degree of awareness about the existence of the law prohibiting bonded labour, were probed in greater detail regarding their knowledge and understanding of the key provisions under the same. In doing so however, it was revealed that their level of knowledge about the specific provisions was extremely limited. In fact, only a very small proportion (11%) of the respondents could actually articulate the quantum of punishment envisaged for practicing of bonded labour.

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Further, their level of awareness pertaining to the other key provisions was also found to be negligible, as is evident from the matrix presented below (Table-31).

5.3 Maintenance and Welfare of Parents & Senior Citizens Maintenance and Welfare of Parents and Senior Citizens Act, 2007 is a legislation enacted in 2007, initiated by Ministry of Social Justice and Empowerment, Government of India to provide more effective provision for maintenance and welfare of parents and senior citizens. The Act makes it a legal obligation for children and heirs to provide maintenance to senior citizens and parents by monthly allowance. The Act also provides simple, speedy and inexpensive mechanism for the protection of life and property of the older persons.

During the course of the baseline study, it was our endeavour to assess the level of awareness & knowledge of the respondents regarding the various provisions pertaining to the maintenance & welfare of parents & senior citizens in the project area. The findings of this effort have been discussed in the sub-sections presented below.

1. Awareness of Right of Maintenance for Parents & Senior Citizens An analysis of the Table-32 : Awareness of Right of information collected Maintenance for Parents & Senior Citizens during the course of the Respondent Yes Somewhat Not Total baseline survey revealed Category Aware Aware Aware (n=800) that an over-whelming majority (98%) of the Male 2% 1% 97% 432 respon-dents were Female 0% 0% 100% 368 completely unaware about the existence of a separate Overall % 1% 1% 98% 100% provision for ensuring maintenance for senior citizens (including parents) who are unable able to maintain themselves from their own earnings or out of the property owned by them (Table-32).

Fig. 4-b : Awareness of Right of Maintenance for Parents & Senior Citizens

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Table-33 : Awareness of Provisions for Maintenance for Parents & Senior Citizens Yes Somewhat Not Total Provisions Aware Aware Aware (n=16) That it is obligatory for children to maintain their parents/grandparents and also relatives of senior citizens to maintain such senior citizens (who are unable able to 80% 6% 14% 100% maintain themselves from their own earnings or out of the properties owned by them) That the term Children means all children (including sons, daughters, grandsons, grand-daughters) but does not 0% 1% 99% 100% include a minor That Parent means father or mother (whether biological, adoptive or step-father or step-mother) – whether or not 7% 11% 82% 100% father or mother is a senior citizen That the term Relative means any legal heir of childless senior citizen who is not a minor and is in possession of or 0% 0% 100% 100% would inherit his property after his death

That the term Maintenance includes provision for food, 77% 15% 8% 100% clothing, residence, medical attendance and treatment

The few respondents who evinced some degree of awareness regarding the rights of parents and senior citizens to seek maintenance from their kin/relatives, were further probed about their knowledge regarding the specific provisions. In doing so, it was extremely disappointing to observe that majority of the respondents were completely ignorant about the provisions – as is evident from the matrix presented below (Table-33).

AREAS OF CONCERN

1. Extremely poor awareness regarding Maintenance and Welfare of Parents & Senior Citizens There is an urgent need to generate awareness among the masses regarding the following crucial issues, namely ---  To develop an empathy towards the rights of parents and senior citizens.  To develop a better understanding and awareness regarding the provisions under which maintenance may be sought.

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CHAPTER–6 LABOUR SECURITY, WELFARE AND MAINTENANCE

This chapter dwells upon the levels of awareness of the respondents regarding various provisions related labour security, welfare and maintenance. In doing so, the chapter dwells upon the level of awareness and knowledge of the masses regarding various provisions, including the right to receive Equal Wages for Equal Work; the Maternity Benefit Act, 1961; and the Mahatma Gandhi National Rural Employment Guarantee Act (MGNREGA), 2005.

6.1 Equal Wages against Equal Work for Men and Women Article 39 of Constitution envisages that the State shall direct its policy, among other things, towards securing that there is equal pay for equal work for both men and women. To give effect to this constitutional provision, the Equal Remuneration Act was promulgated in the year 1976. The Act provides for payment of equal remuneration to men and women workers for the same work or work of similar nature and for the prevention of discrimination on grounds of sex.

One of the mandates of the baseline study was to assess the level of awareness of the respondents regarding the various provisions pertaining to the payment of equal remuneration to men and women workers for the same work in the project area. In doing so, the findings of this effort have been discussed in the sub-sections presented below.

1. Awareness of Provisions for Equal Wages for Equal Work for Men & Women A heartening fact revealed during the course of the baseline survey was that a majority of the respondents (87%) were largely aware of the stipulation that men and women workers are entitled to receive equal wages for similar work undertaken (Table-34).

Table-34 : Awareness of Provisions for Equal Wages for Equal Work for Men & Women Yes Somewhat Not Total Provisions Aware Aware Aware (n=800) That equal remuneration must be paid to men and 74% 13% 13% 100% women workers for the same work That women cannot be employed between 7 p.m. to 0% 5% 95% 100% 6 a.m. That women employees sand to receive allowances, bonus and other facilities similar to their male 23% 16% 61% 100% counterparts

That violation of the stipulations under the Act is punishable wih3 months – 1 year of imprisonment 0% 0% 100% 100% and fine of Rs. 10,000 to 20,000

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However, the level of awareness regarding other provisions stipulated under the Act was found to be extremely poor – with majority of the respondents expressing their ignorance regarding issues such as prohibition of employing women after sunset and the quantum of punishment in case of violations, as is evident from the matrix presented on the previous page.

6.2 Provision of Maternity Benefits for Working Women The Maternity Benefit Act, 1961 regulates the employment of women in certain establishments for certain periods before and after child-birth and to provide for maternity benefit and certain other benefits.

During the course of the baseline study, an attempt was made to assess the level of awareness and knowledge of the respondents across various categories with regard to the stipulations pertaining to the provision of maternity benefits to working women in the project area. In doing so, the findings of this effort have been discussed in the sub-sections presented below.

1. Awareness of Maternity Benefits for Working Women An analysis of the data collected during the baseline survey reveals extremely poor levels of awareness among the respondents regarding various provisions stipulated for maternity benefits to working women. In fact, only around one-fourth (24%) of the respondents were found to be aware that women working in an establishment for a continuous duration of 80 days are entitled to receive maternity benefits (Table- 35).

Table-35 : Awareness of Provisions of Maternity Benefits to Working Women Yes Somewhat Not Total Provisions Aware Aware Aware (n=800)

That all women working in an establishment for a continuous duration of 80 days shall be entitled to 24% 15% 61% 100% receive maternity benefits

That the maximum period for which any woman is entitled to maternity benefit is 12 weeks (of which 2% 7% 91% 100% not more than 6 weeks should precede the date of her expected delivery

That no employer can knowingly employ a woman in any establishment during the 6 weeks 0% 2% 98% 100% immediately following the day of her delivery

In fact, the awareness of the provision was found to be disappointingly low even among the educated/more literate respondents – as is evident from the matrix presented above.

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AREAS OF CONCERN

1. Extremely poor understanding and appreciation of the need to provide adequate maternity benefits for working women There is an urgent need to generate awareness among the masses regarding the following crucial issues, namely ---  Various entitlements and provisions related to maternity benefits for working women.  Various options available to a person in case of non-provision of benefits by employer.

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CHAPTER–7 GOOD GOVERNANCE

This chapter dwells upon various aspects related to good governance, with specific focus on the Public Distribution System; Right to Information Act, 2005; and the Consumer Protection Act, 1986.

7.1 Entitlements under Public Distribution System A heartening fact revealed during the course of the baseline survey was that majority of the respondents appeared to be well aware of their entitlements under the public distribution system.

Table-36 : Awareness of Entitlements under Public Distribution System

Yes Somewhat Not Total Awareness of Entitlements Aware Aware Aware (n=800)

Quantity of Entitlements 88% 9% 3% 100% Price of Entitlements 41% 24% 35% 100%

In fact, an overwhelming majority (88%) of the respondents were clearly able to articulate the quantity of entitlement for different categories of households under the PDS system (Table-36). However, when probed about the price of the entitlements, the awareness levels appeared to be quite low – with more than one-third (35%) of them being candid enough to admit that they had little idea about the prices.

7.2 Consumer Protection The Consumer Protection Act, 1986 is an Act of the Parliament of India enacted in 1986 to protect interests of consumers in India. It makes provision for the establishment of consumer councils and other authorities for the settlement of consumers' disputes and for matters connected therewith. One of the mandates of the baseline study was to assess the level of awareness of the respondents regarding the various provisions pertaining to the protection of the interests of consumers. In doing so, the findings of this effort have been discussed in the sub-sections presented below.

1. Awareness of Law for Protection of Interests of Consumers An analysis of the data Table-37 : Awareness of Law for Protection of collected during the baseline Interests of Consumers survey reveals extremely poor levels of awareness among the Respondent Yes Somewhat Not Total respondents regarding the Category Aware Aware Aware (n=800) existence of a specific law to Male 18% 16% 66% 432 protect the interests of the consumers. In fact, majority Female 12% 10% 78% 368 (72%) of the respondents were Overall % 15% 13% 72% 100% found to be generally unaware about the consumer protection law, with very few of them having heard the term itself (Table-37).

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Fig. 5-a : Awareness of Law for Protection of Interests of Consumers

Those respondents who evinced some degree of awareness regarding the law pertaining to consumer protection, were probed further about their knowledge of the major provisions. In doing so, majority of them were found to be completely ignorant about even the most common instances when the law could provide relief to them – as is evident from the matrix presented below (Table-38).

Table-38 : Knowledge of Common Complaints Admissible for Relief under Consumer Protection Law Common Complaints Admissible for Relief Yes Somewhat Not Total under Consumer Protection Law Aware Aware Aware (n=224)

Treatment/health services availed from a doctor or 4% 9% 87% 100% hospital

Procurement of seeds manufactured and sold by a 0% 0% 100% 100% company

Availing admission t o an educational institution 0% 0% 100% 100%

Opening of account in a bank or availing of related 2% 1% 93% 100% financial services from a bank

Availing of services from an insurance company 1% 7% 92% 100% (life insurance/medi-claim/health insurance, etc.)

Availing of postal services from the postal 0% 0% 100% 100% department

7.3 Right to Information The Right to Information Act (RTI) is an Act of the Parliament of India "to provide for setting out the practical regime of right to information for citizens" and replaces the erstwhile Freedom of information Act, 2002.

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Under the provisions of the Act, any citizen may request information from a "public authority" (a body of Government or "instrumentality of State") which is required to reply expeditiously or within thirty days. The Act also requires every public authority to computerize their records for wide dissemination and to proactively certain categories of information so that the citizens need minimum recourse to request for information formally.

During the course of the baseline study, it was our endeavour to make an assessment regarding the basic awareness among the masses about this crucial Act. In doing so, the findings of this effort have been discussed in the sub-sections presented below.

1. Awareness of Right to Information Act An analysis of the data Table-39 : Awareness of Right to Information Act collected during the baseline survey reveals that Respondent Yes Somewhat Not Total slightly more than one- Category Aware Aware Aware (n=800) fourth (26%) of the Male 32% 17% 51% 432 respondents had actually Female 18% 5% 77% 368 heard about the Right to Infor-mation Act. Another Overall % 26% 11% 63% 100% small, but significant 11 percent mentioned that although they had heard about the Act, they were actually unsure about he exact provisions under the same. The remaining (63%) however, were candid enough to accept that they were ignorant about the Act and its provisions (Table-39).

2. Knowledge of Critical Provisions under RTI The respondents who evinced some degree of awareness regarding the Right to Information Act (RTI), were probed further about their knowledge of a few of the important provisions. In doing so, majority of them were found to be completely unaware about the same – as is evident from the matrix presented below (Table-40).

Table-40 : Knowledge of Critical Provisions under RTI Yes Somewhat Not Total Critical Provisions Aware Aware Aware (n=296)

That the concerned Information Officer is mandated to provide the solicited information within 30 days 11% 4% 85% 100% of filing of application by an applicant

That under a situation whereby the solicited information is related to the life and/or personal 0% 0% 100% 100% freedom of the applicant, the requisite information has o be provided within a period of 48 hours

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AREAS OF CONCERN

1. Extremely poor awareness regarding Law for Protection of Interests of Consumers There is an urgent need to foster better understanding and appreciation among the community members regarding the following crucial issues, namely ---  Knowledge of common complaints admissible for relief under consumer protection law.  Knowledge of institutions available for providing relief to consumers.

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CHAPTER–8 SOCIAL SECURITY, INSURANCE AND FINANCIAL INCLUSION

This chapter dwells upon the components of social security, insurance and financial inclusion. In doing so, he focus is on entitlements various under various government schemes, including – school education, housing, pension and insurance – aimed at improving the socio-economic condition of the targeted beneficiary households.

8.1 Awareness of School Education Schemes During the course of the baseline survey, it was he endeavour of the research team members to ascertain the level of knowledge of the respondents with regard to various schemes pertaining to the field of education. In doing so, it was revealed that an encouraging majority of the respondents were well aware of the various benefits related to education for their children (Table-41).

Table-41 : Awareness of School Education Schemes Yes Somewhat Not Total School Education Schemes Aware Aware Aware (n=296)

Free textbook scheme 93% 3% 4% 100%

Free work-book/note book scheme 91% 4% 5% 100%

Free uniform scheme 97% 3% 0% 100%

Provision of Mid-day Meals 100% 0% 0% 100%

Provision of separate toilet facilities in schools for 84% 9% 7% 100% boys and girls Provision of safe drinking water in schools for 92% 5% 3% 100% children Scholarship scheme for SC/ST students 73% 10% 17% 100% (Classes 1 to 8) Scholarship scheme for General category students 67% 18% 15% 100% (Classes 1 to 10)

Scholarship scheme for talented/gifted students 45% 21% 34% 100% from SC/ST and General categories (> Class 10)

It was indeed quite heartening to note that almost cent-percent of the respondents were aware about the benefits related to provision of free text-books, work-books, uniforms and mid-day meals for the students.

8.2 Awareness of Social Security Schemes The level of awareness regarding various benefits provisioned under social security programmes of the Central and State Governments was also reasonably encouraging, with cent-percent of the respondents being aware of the Indira Gandhi National Old Age Pension Scheme (IGNOAPS) and an almost equally large proportion (95%) being well aware about the pension scheme for the disabled (Table-42).

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Table-42 : Awareness of Social Security Schemes Yes Somewhat Not Total Social Security Schemes Aware Aware Aware (n=296)

Central Government Schemes

Indira Gandhi National Old Age Pension Scheme 100% 0% 0% 100% (IGNOAPS)

Indira Gandhi National Widow Pension Scheme 88% 2% 10% 100% (IGNWPS)

National Family Benefit Scheme (NFBS) 72% 15% 13% 100%

Indira Gandhi National Disability Scheme 95% 3% 2% 100%

State Government Schemes

Marriage/Illness Benefit Scheme 41% 13% 46% 100%

Free Boring Scheme for Marginal & Small Farmers 13% 19% 68% 100%

Rani Lakshmi Bai Pension Scheme 57% 20% 23% 100%

An interesting fact that was revealed during he course of he baseline survey was the fact the level of awareness regarding various schemes sponsored by the central government was relatively better as compared to those of the State government. An apt example in this regard is the State Government sponsored free boring scheme for marginal & small farmers – which was known to merely 13 percent of the respondents.

8.3 Awareness of Insurance Schemes The level of awareness and knowledge among the masses regarding various insurance schemes promoted by the Central and State Governments was found to be disappointingly low across all social groups in the project area. In fact, the only scheme that elicited some degree of response (29%) from the masses was the National Health Insurance Scheme. Regarding the other related schemes, the level of awareness was observed to be almost negligible (Table-43).

Table-43 : Awareness of Insurance Schemes

Yes Somewhat Not Total Insurance Schemes Aware Aware Aware (n=296)

National Health Insurance Scheme 29% 16% 55% 100% Aam Aadmi Bima Yojana for Artisans 15% 21% 64% 100%

Janani Suraksha Yojana (JSY) 79% 13% 8% 100%

Mahatma Gandhi Bunkar Bima Yojana 0% 0% 100% 100%

Rajiv Gandhi Shilpi Swasthya Bima Yojana 2% 0% 98% 100%

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In addition, the level of awareness regarding the provisions of the Janani Suraksha Yojana (JSY) is also quite encouraging – with majority (79%) of the respondents being able to articulate the provisions under the scheme.

Fig. 6-a : Awareness of Insurance Schemes

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CHAPTER–9 VOICES FROM THE COMMUNITY {As emerged from the Focus Group Discussions}

One of the critical components of the baseline study entailed conducting focus group discussions (FGDs) at the village level. The major topics covered during the course of the FGDs focused upon the awareness and knowledge of the community members regarding various issues, including – (i). Constitutional and Legal Safeguards (such as their Fundamental Rights, Fundamental Duties and Right of Children to Free & Compulsory Education); (ii). Women‟s Security, Welfare and Maintenance (such as, prohibition of dowry, domestic violence, child marriage and the regulation, prevention & misuse of pre- natal diagnostic techniques; (iii). Good Governance (including Consumer Protection; and the Right to Information); and (iv). Free Legal Aid.

This chapter dwells upon the various beliefs, opinions, views and outlook of the community at large regarding crucial aspects pertaining to their rights and entitlements and their suggestions thereof.

ISSUE-1 : CONSTITUTIONAL SAFEGAURDS

Equal Wages for Men and Women One of the harsh realities facing India as a nation in the 21st century is the “मह सफ केवर कहने की फातᴂ हℂ....ककसने कहा कक existence of a persistent gap between the wages of men भहहरामᴂ कभ काभ कयती हℂ? गाॊव भᴂ कई ऐसे ऩरयवाय and women around the हℂ जहाॊ ऩय भहहरामᴂ ही खेती-ककसानी कयती हℂ .. ऩु셁ष country. Wage difference on शहय भᴂ काभ कयते हℂ .. उꅍही की भेहनत का तो gender basis has been a great concern for programme नतीजा है की ऩु셁ष रोग शहय भᴂ आसानी से काभ कय managers and policy makers, ऩाते हℂ ... भहीने का याशन भहहराओॊ 饍वाया ही तो yet progress made to check इॊतज़ाभ होता है ... नहीॊ तो कमय ॉ आत े वो रोग कटाई the problem has been extremely slow. के फाद अनाज रे जाने? साया झभेरा भहहराओॊ ऩय छोड़ कय यखा है ... ढेयⴂ घय मभर जामᴂगे आऩको अगय During the course of the ढयॉढᴂगे तो -- तफ नहीॊ माद आता ऩु셁ष-भहहरा की भेहना discussions, majority of the कयने की काबफमरमत?? community members indi- cated complete ignorance मह सफ कु छ नहीॊ --- फस एक प्रथा है --- कक जजससे about the existence of any भहहराओॊ को ऩु셁षⴂ 饍वाया नीचा औय कभज़ोय हदखात े particular law that stipulates यहने का!!” equal wages for men and “मे ऩु셁ष ही हℂ जो नहीॊ चाहत े कक हभᴂ क़ानयन ऩता हो, women for similar nature/ नहीॊ तो भनभानी कैसे कयᴂगे मे रोग?” types of work. --- एक ५९ वषीमा एप.जी.डी. प्रततबागी Both men and women had [ब्राक हैदयगढ़, फायाफॊकी] differing views regarding the reasons for this disparity.

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Majority of the men believed that women get paid less as they are physically weak and thus unable to work as much as men. They provided examples that such practices are common in the field of agriculture – with women being largely responsible for less physically challenging jobs, such as weeding, pruning, etc. – which in turn naturally resulted in them being paid less.

In contrast, many of the women mentioned that this disparity is a result of a traditional social mindset – whereby women are considered to be weaker than men. Many of the elderly ladies from the community expressed their resentment and provided numerous examples whereby all activities, including sowing, transplantation, irrigation, manuring, etc. are being done exclusively by women – especially when the male members have passed away or else have migrated to the urban areas in search of better economic avenues.

Right of Children to Free & Compulsory Education The discussions with the community members revealed a rather large void with regard to the level of awareness “ on the rights of citizens to ensure जहाॉ तक हभᴂ ऩता है, सयकाय फ楍चⴂ के मरमे free and compulsory education for भुफ्त ककताफᴂ-कापऩमाॊ औय बोजन देती है ... their children. कु छ फ楍चⴂ को वजीपा बी हदमा जाता है ... Most of the participants during the रेककन मे भाॉ-फाऩ का अधधकाय है कक अऩने focus group seemed to believe that सबी ६ से १४ सार के फ楍चⴂ को प्राईभयी तक this right stipulates the provision of भुफ्त मशऺा हदरवा सकत े हℂ --- हभ ऩहरी फाय free school education, mid-day meals सुन यहे हℂ ---- रेककन सयकायी कय र तो ठीक and free text books & uniforms for है, प्राईवेट कर भᴂ बी हभ अजी दे सकत े हℂ - their children. य -- मह तो बफरकु र ही नहीॊ भारयभ --- वो रोग Almost none of them were aware about the specific provisions तो हभ गयीफⴂ को अॊदय बी नहीॊ घुसने दᴂगे!!! governing this right – that of the --- एक ५२ वषीम एप.जी.डी. प्रततबागी right to obtain free and compulsory

education for all children in the age [ब्राक हयख, फायाफॊकी] group of six to fourteen years upto the elementary level and the fact that the provisions are applicable for both government schools, as well as various un-aided/private schools.

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F.I.R, Arrest and Bail During the course of the focus group discussions at the village level, an attempt was also made to try and “अऩयाध ज़भानती है मा कपय गैय ज़भानती, understand the level of awareness of मे जानना हभाया अधधकाय है, ऐसा सबी को the community regarding their rights ऩा होगा, ऩय ऩुमरस से कौन सवार-जवाफ when faced with an arrest. कये? -- हभ तो फस मे जानते हℂ कक एक

Although a majority of the FGD फाय जेर हो गमी, तो अऩयाध कैसा बी हो, participants were reasonably aware of 핍मकती की ऩय ी जज़ॊदगी कोटट-कचहयी औय their right to know the grounds for a वकीरⴂ के चककय भᴂ गुजय जानी है -- ऩुमरस persons arrest. को अऩना अधधकाय जता कय ऩयेशानी थोड़े

However, an interesting fact that was ही भोर रेनी है -- अगय अधधकाय जताने revealed during the discussions was रगे, तो ना जाने ककतने औय केस दामय हो that although most of hem were aware जाए!!!” of their right to be informed about the --- एक ६५ वषीम एप.जी.डी. प्रततबागी nature of crime for which an arrest is

being made, that is – bailable or [ब्राक हैदेयगढ़, फायाफॊकी] unbailable, hardly anbody tends to exercise this right when required.

A participant expressing his opinion on issues related to legal safeguard during a focus group discussion

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ISSUE-2 : Women’s Security, Welfare and Maintenance

Domestic Violence Discussions at the community level revealed an extremely low level of awareness and understanding among the masses regarding acts that may be deemed as domestic violence against women. “घयेरय हहॊसा तो फहुतये े ऩरयवायⴂ भᴂ होती

है -- हभ भहहराएॊ कय कमा सकती हℂ?? However, most of the respondents appeared to be aware that it is unlawful to अधधक से अधधक भैके (ऩीहय) चरे जाते cause harassment, physical violence or हℂ!! इसका कौन सा सभाधान है हभाये harm to women – be it with regard to ऩास?? कानयन कौन जानता है??” demands pertaining to dowry or other --- एक ३६ वषीमा एप.जी.डी. valuable items, properties, etc. प्रततबागी[ ब्राक देवाॊ, फायाफॊकी] However, regarding all other aspects (such as – economic abuse, forced sexual relationships, verbal and emotional abuse, etc.), the level of awareness among the respondents appears to be extremely poor, with majority of the respondents including men and women alike indicating that they consider these as matters intrinsic to the household and had nothing to do with the legal system whatsoever.

A participant expressing her opinion on domestic violence during a focus group discussion

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ISSUE-3 : Good Governance

Consumer Protection During the course of the focus group discussions (FGDs), an attempt was made to assess the level of awareness of the community members regarding the various provisions “भैने तथा भेये कई ककसान बाइमⴂ ने पऩछरे pertaining to the protection of the खयीप भᴂ धान की उꅍनत प्रजातत का फीज interests of consumers. खयीदा था व उऩमोग ककमा था --- दकु ानदाय A common concern emanating ने कहा था की 140-160 हदनⴂ भᴂ पसर from the focus group discussions (FGDs), was the extremely low आमेगी --- हभ तो इꅍतज़ाय कयते ही यह गए level of awareness among the – ऩय पसर नहीॊ आमी!! इस तयह की घटनाएॉ respondents regarding the आभ हℂ --- ऩय दकु ानदाय से मशकामत कयने existence of a specific law to व घाटा उठाने के अरावा हभ गयीफ ककसानⴂ protect the interests of the के ऩास चाया ही कमा है??” consumers. --- एक ६० वषीम एप.जी.डी. प्रततबागी In fact, majority of the participants

were candid enough to mention [ब्राक हैदयगढ़, फायाफॊकी] that the were generally unaware about the consumer protection law.

A participant expressing his opinion on consumer protection during a focus group discussion

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Right to Information The Right to Information Act (RTI) provides for setting out a practical regime of right to information for citizens of the country. Under the provisions of the Act, any citizen may request information from a “अये जहाॊ ऩय ककसान को एह सयचना नहीॊ "public authority" (a body of है कक मसॊचाई के मरए नहारयमा कफ Government or "instrumentality of चरेगी --- चरेगी की नहीॊ ---- वहाॉ ककस State") which is required to reply ??”..... expeditiously or within thirty days. अधधकाय ककस फात का कु छ-एक रोगⴂ को अगय भारयभ हो तो हो --- भैने During the course of the focus group discussions (FGDs), attempts were अखफाय भᴂ ऩढ़ा था तो थोड़ा-फहुत जानता made by members of the research team हयॉ --- रेककन ऩता नहीॊ कक सयचना कौन to make an assessment regarding the देगा – कैसे मभरेगी --- ककतना ऩैसा basic awareness among the masses रगेगा? --- कोई ढॊग से फतावे तो about this crucial Act. सभझᴂ!! The information emanating during the --- एक ६५ वषीम एप.जी.डी. course of the FGDs made it amply clear that only a negligible proportion of the प्रततबागी[ ब्राक फॊकी, फायाफॊकी] community members had actually heard about the Right to Information Act. Even those who had some idea about the existence of the Act, indicated that they were completely ignorant about the provisions entailed therein.

A participant expressing his opinion on the Right to Information during a focus group discussion

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CHAPTER–10

IDENTIFICATION OF CRITICAL GAPS

India is the second most populous country having largest written constitution of the World, which includes of 395 Articles and 12 Schedules, supported by political, legal and judicial system for securing a social order for promotion of welfare of the people and elimination of inequalities in status, facilities and opportunities amongst individuals and groups residing in different areas and engaged in different vocations. The Constitution of India guarantees various rights to the citizens of the country including following fundamental rights :

  Right to Equality Equality before law  Equal pay for equal work

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

 Equality of opportunity in matters of public employment

 Abolition of untouchability

  Right to Freedom Protection of rights regarding freedom of speech including – freedom of speech & expression, assemble peaceably, form association or unions, move freely throughout the territory of India, reside & settle in any part of the territory of India

 Protection in respect of conviction of offence

 Protection of life and personal liberty including – Right to life with human dignity  Right to livelihood  Right to education  Right to shelter

 Protection against arrest and detention in certain cases including –  Protection against illegal detention  Right for representation

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 Rights against Exploitation  Prohibition of traffic in human being and forced labour

 Prohibition of employment of children in any factory or mine or any other hazardous activity

 Right to Freedom of  Freedom of conscience and free Religion profession, practice and propagation of religion

 Freedom to manage religious affairs

 Freedom as to attendance at the religious instructions or religious worship in certain educational institutions

 Protection of interests of minorities

 Right to Constitutional  Remedies for enforcement of conferred Remedies rights

 The rights guaranteed by the Article cannot be suspended

The framework of fundamental rights is supported by Acts, Rulings, and Institutional Arrangements for protection of rights of the common citizen. Besides it provision of equal justice and free legal aid is part of the State policy. It is mentioned in the constitution (Article 39-A) that „The State shall secure that the operation of the legal system promotes justice, on the basis of equal opportunity, and shall, in particular, provide free legal aid ...... to ensure that opportunities for securing justice are not denied to any citizen by reason of economic or other disabilities.‟

Besides other aspects, promotion of educational and economic interests of Schedule Castes, Schedule Tribes and other weaker sections, raising the level of nutrition and the standard of living and improvement in public health, and protection and improvement of environment and safeguarding forest and wild life are defined priorities of State policy.

A detailed analysis of the information collected during the course of the baseline survey (including the data from the in-depth interviews, summary of the village-level focus group discussions and review of the discussions held with functionaries across various levels), revealed the following critical gaps hindering the spread of legal literacy among the masses in the A2J project area -----

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The community at large including frontline workers, service providers are simply unaware about the constitutional provisions and legal frameworks. Theoretically we have the largest written constitution in the world but practically functional illiteracy in the project area is extremely high – with even the literates at large not being aware about the provisions and complex political – judicial – legal system.

It is believed that transparency means availability of information in public domain that is mainly internet in the new era otherwise written information could be made available to the concerned or those who asked for. However, despite the close proximity of the project area to the State capital, one wonders about the proportion of persons who can access information from public domain, how many can understand the available information in true or near true sense and how many can act on the basis of available information at any source remain the unanswered question. There is huge gap between the language of various legal provisions (including constitution, Acts, Policies, Rules, etc.) and the level of comprehension by people at large. In the economic growth led development system, economic activities are considered as the main activities and production-processing-marketing have become key functions. In the market led development policy framework provisions are also laid down for the protection of the interests of the consumers. It is generally propagated that consumer is king and consumer awareness has been considered as the priority at every level of the Government and Legal system but there is a need to consider the fact that more than three-fourth of the population of the A2J project area is rural and largely illiterate and otherwise also unaware about existence of any protective measures and system. Communities involved in the primary sector (essentially agriculture & allied activities) are contributing their share in ensuring food security and also contributing towards the growth of the secondary and tertiary sectors – which are their major consumers. However, there exists a huge ignorance about the provisions under the consumer protection act and measures for protection of their own interests and rights or measures protecting them against exploitation by the material, service and facility providers. With low income levels, illiteracy especially functional illiteracy in the A2J project area is extremely high and justice is still far away for the larger community. Generally, consumer protection is propagated as urban centric approach but rural areas having the largest consumer base, which is highly exploited by both public and private sector service providers. Slogans such as „jago grahak jago‟ cannot be effective until and unless the large section starts recognizing itself as „grahak‟. In a system where citizen rights are largely unprotected and citizens are also unaware about existence of any such right, recognition and access to consumer rights over or equal to citizen right is itself challenging. Social, economic and environmental vulnerability of large proportion of the population in the A2J project area is quite high and the traditionally deprived sections of the society (including SC/STs, minorities and women) at large are

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vulnerable amongst the vulnerable. There are numerous reasons for their sufferings including social exclusion, economic deprivation and political de-recognition of their contribution. As is evident from the data, they are largely illiterate and their interface with other sections and people of other sectors is extremely limited. The visible and invisible barriers including existing social norms and practices, language including means and medium of communication, pressure of survival etc are generally ignored from public education programs. Further, there are prevailing social practices and norms that facilitate social functioning (right or wrong). In doing so, one believes that certain social practices in the A2J project area are influenced by the concept of sin and virtue or moral and immoral acts – such as care of the elderly – which is considered as a religious commitment by many, similar to the concept of engaging children in hazardous activities being considered as a sin. However, when viewed in the context of the rights children and the elderly (and senior citizens), labour is prohibited and care and support of elders is their right and violation by the family members is a cognizable offence. Overlooking or ignorance of suitable social and religious beliefs and practices seems harmful for mass awareness generation through people‟s education process. The discussions with various functionaries across the A2J project area during the course of the baseline study revealed another critical bottleneck acting as an impediment in spreading legal literacy among the masses, namely – lack of focal point of supervision at the block and village levels; and lack of convergence/co- ordination at the block and village levels.

There are almost eleven officials representing various departments deployed at the Block level – with each one reporting to their departmental heads at the district level. Similarly, there are almost thirty functionaries deployed at the village level – with each one reporting to their departmental heads at the block level. This in turn, leads to a lack of synergy in the dissemination of key messages and services to the community – thereby creating serious dissonance in their minds regarding various rights, entitlements and provisions. As discussed in the previous chapters, the awareness level regarding various welfare schemes in the A2J project area is relatively quite high. People generally know about the scheme and also aware about key provisions. However, there is no awareness about what can be done in case eligible people are left out. In fact, majority of the population across all the social groups is simply unaware and uninformed about constitutional guarantee, legal rights, legitimate entitlements, protection measures, grievance redressal system and provisions for constitutional remedies and free legal aid in case of violation.

Tons of written material and information is available but conversion of it into knowledge and creation of an enabling environment for application of knowledge for rights full positioning and realization of rights is the real challenge.

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CHAPTER–11

SUMMARY OF FINDINGS & RECOMMENDATIONS

The main objective of this baseline survey was to assess the level of legal, procedural & entitlement awareness among masses; identify the gaps hindering the spread of legal literacy among the masses; and demarcating benchmarks with regard to various aspects. The data collected through the survey is expected to assist the project managers in designing their interventions/programmes more appropriately by incorporating the required modifications. Further, in order to monitor the progress and evaluate the ultimate achievements of the Access-to-Justice (A2J) Project, the impact of various programme interventions needs to be assessed from time to time. For this purpose too, it is essential to have a set of baseline values against which any change can be measured. A list of the baseline values of key indicators has been presented at the start of this report. These figures are the set of benchmarks against which future changes can be measured. In light of the extremely poor awareness levels of the masses in the target areas, it might be useful for the programme managers of the Access to Justice (A2J) project to adopt an implementation mechanism that may be easily internalized by the target audience. In doing so, it may be useful to consider the following specific types of interventions, namely ---- 1. Mainstreaming : One believes that there is an urgent need to introduce a certain degree of mainstreaming of the legal framework. This may be best achieved by earmarking the role and responsibility of mainstreaming (of the various rights and entitlements) to the concerned departments. This in turn, might play a crucial role in removing the dissonance in the minds of the masses by correcting the lack of focus in the service delivery mechanism. 2. Rigorous IEC Campaigns : It might be useful to introduce specific IEC campaigns to stimulate the potential learners at the community level. This may be undertaken through the adoption of varied methods, including the following –  Personal Methods using the Audio-Media Component – such as slogans, folk songs, public announcements. 3. Design, Development and Implementation of Audio- Visual Contents on Legal Literacy – including motivational

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songs and short films in the local dialect, focused at generating awareness among the masses on legal literacy and free legal aid. 4. Adoption of ICT Mode for Legal Literacy – such as design and circulation of specific text messages through the mobile telephony system, with the aim of maximizing the reach of legal literacy benefits among all sections of the community. 5. Use of Visual Media Component – such as theme songs, documentaries, short films (including animation films), with the aim of spreading awareness regarding various legal provisions and entitlements among the masses and to maximize the reach of legal literacy benefits among all sections of the community. 6. Design, Development & Implementation of Direct Outreach Programs – such as street theatres, road shows, reality shows and the like. Keeping in mind the profile of the potential audience in the target areas of the A2J project, it might be useful to design and implement theatrical presentations on the street using stills and visuals representing specific themes pertaining to legal literacy. The advantage of such a medium is that it a direct access to people, who in turn, do not need to spare extra time or expenses to internalize something that reflects their own lives. 7. Public Lectures & Electronic Media (Radio Talks/FM Radio) – Given the access and use of radio by the rural masses in the A2J project areas, it might be useful to leverage this advantage by designing and broadcasting lectures and talks/panel discussions (in the local dialect) focusing on spreading awareness regarding various legal provisions and entitlements. 8. Adoption of Innovative Approaches – In addition to the above, we believe that it might also be quite useful to design, develop and adopt various innovative approaches that revolve around informal, unconventional settings and focusing upon spontaneity and the emerging needs of the rural community. 9. Adequate Publicity of New Laws – There is a felt need to take steps to publicize all new laws and provisions through the use of mass media (including electronic media) – so as to create awareness among the masses regarding the same. 10. Training & Capacity Building of Grassroot-level Resource Persons –There is an urgent need to design and conduct specific training & capacity building programs for grass-root level functionaries, who may be developed into effective para-legal workers in the near future. In doing so, it might be useful to design specific programs for PRI

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representatives, Bharat Nirman Volunteers (BNVs) and other community level workers, such as – ANMs, Anaganwadi Workers, Rozgar Sewaks and the like. These programs would enable these functionaries in internalizing the basic concepts of laws, rights, entitlements & processes to access justice through legal aid and mechanisms of grievance redressal. The idea is to develop their capacities adequately, so as to facilitate them in spreading awareness among the community members in their respective areas of operation. 11. Convergence with On-going Programs – It might be more than useful to identify common ground and to dovetail the Access to Justice (A2J) project with other on-going programs, such as the „SAAKSHAR BHARAT‟ Abhiyan of the National Literacy Mission. In doing so, focus might be given on including specific topics pertaining to on Legal Literacy in the regular literacy classes of the Saakshar Bharat. The post-literacy libraries may also be developed into legal clinics – with focus on acting as resource points for providing information on legal aid.

* * * * *

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CHAPTER–12

BENCHMARKS FOR CRITICAL AREAS

The main objective of this study was to assess the baseline levels for each of the sectors in the Access-to-Justice (A2J) project area and to demarcate benchmarks with regard to the same.

In doing so, it is suggested that the following specific critical areas be focused upon during the intervention phase of the A2J project :

ISSUES FOR BENCHMARKING 1. Constitutional & Legal Safeguards : A. Right to Equity Before Law B. Right to Free and Compulsory Education for Children C. Provision for Free Legal Aid D. First Information Report (FIR) E. Arrest and Detention (with specific focus on women and juveniles) F. Bail 2. Women’s Security, Welfare and Maintenance : A. Protection of Women from Domestic Violence B. Prohibition of Dowry C. Regulation and Prevention of Misuse of Pre-Natal Diagnostic Techniques 3. Children’s Security, Welfare and Maintenance : A. Prohibition of Child Marriage B. Prohibition & Regulation of Child Labour C. Protection of Children from Sexual Offences D. Juvenile Justice (Care and Protection of Children) 4. Protection of Vulnerable Groups, Marginalized & Weaker Sections : A. Prevention of Atrocities on Scheduled Castes and Tribes B Maintenance and Welfare of Parents and Senior Citizens 5. Labour Security, Welfare and Maintenance : A. Abolition of Bonded Labour System B. Equal Wages against Equal Work for Men and Women C. Provisions of Maternity Benefits

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6. Good Governance : A. The Consumer Protection Act, 1986 B. Right to Information Act, 2005 7. Social Security, Insurance & Financial Inclusion : A. Janani Suraksha Yojna B. Rashtriya Swasthya Bima Yojna (RSBY)

For the purpose of demarcating the benchmarks, three specific categories have been identified, namely ----

Category-A : Not Aware Category-B : Somewhat Aware Category-C : Aware [to be treated as the proposed Project Benchmark]

The demarcation of the benchmarks for each of the specific areas has been presented in the matrix given on the subsequent page.

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Benchmark for Critical Areas

Proposed Sl. Baseline Issues Benchmark No. (%) (%) 1. Constitutional and Legal Safeguards 1 Right to Equity Before Law 43% 50% 2 Right to Free & Compulsory Education 43% 55% 3 Awareness on Provision of Free Legal Aid 8% 25% 4 Awareness of Eligibility Criteria for Free Legal Aid 0% 25% 5 Awareness of Institutions Providing Free Legal Aid 0% 15% 6 Right to be Informed if Crime is Bailable or Non-Bailable 43% 55% 7 Awareness of Stipulation of Accused to be Produced in Court within 24 Hrs. of Arrest 37% 65% Awareness of Stipulation that Women Cannot be Arrested After 8 3% 25% Sunset & Before Sunrise Awareness of Stipulation that it is Illegal to take Adolescents (< 15 yrs. old) to the 9 16% 25% Police Station for Questioning 2. Protection, Prevention, Maintenance, Prohibition and Rights of Women & Children 10 Awareness of Actions Related to Domestic Violence 19% 30% 11 Awareness of Provisions on Dowry Prohibition 48% 60% 12 Awareness of Penalties for Child Marriage 1% 25% 13 Awareness of Penalties for Employing Child Labour 9% 25% 14 Awareness of Actions Treated as Sexual Offences Against Children 29% 35% 15 Awareness of Separate Law for Care and Protection of Children/Juveniles 17% 30% 3. Protection of Vulnerable Groups, Marginalized & Weaker Sections 16 Awareness of Law on Prevention of Atrocities on Scheduled Castes and Tribes 71% 75% 17 Awareness of Right of Maintenance for Parents & Senior Citizens 1% 20% 18 Awareness that Practice of Bonded Labour is Illegal & Punishable 54% 65% 19 Awareness of Key Provisions for Abolition of Bonded Labour 19% 30% 4. Labour Security, Welfare and Maintenance 20 Awareness of Provisions for Equal Wages for Equal Work for Men and Women 24% 40% 21 Awareness of Provisions of Maternity Benefits to Working Women 9% 15% 5. Good Governance 22 Awareness of Law for Protection of Interests of Consumers 15% 25% 23 Awareness of Right to Information Act 26% 30% 6. Social Security, Insurance & Financial Inclusion 24 Janani Suraksha Yojana (JSY) 79% 80% 25 Rashtriya Swasthya Bima Yojana (RSBY) 29% 35%

The graphical demarcation of the benchmarks in comparison to their respective baseline values has been presented on the subsequent pages.

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1. Constitutional and Legal Safeguards

1. Right to Equity Before Law 2. Right to Free & Compulsory Education

60% 60% 55% 50% 50% 51% 50% 47% 43% 43% 40% 40% 30% 30% 30% 25% 20% 20% 20% 20% 10% 10% 10% 6% 0% 0% Category-A Category-B Category-C Category-A Category-B Category-C [Not Aware] [Somewhat Aware] [Aware] [Not Aware] [Somewhat Aware] [Aware]

Baseline Value (%) Benchmark Value Baseline Value (%) Benchmark Value

3. Awareness on Provision of Free Legal Aid 4. Awareness of Eligibility Criteria for Free Legal Aid

100% 120% 90% 88% 100% 80% 100% 70% 80% 60% 50% 50% 60% 50% 40% 25% 40% 30% 25% 25% 20% 20% 25% 4% 10% 8% 0% 0% 0% 0% Category-A Category-B Category-C Category-A Category-B Category-C [Not Aware] [Somewhat Aware] [Aware] [Not Aware] [Somewhat Aware] [Aware]

Baseline Value (%) Benchmark Value Baseline Value (%) Benchmark Value

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5. Awareness of Institutions Providing Free Legal Aid 6. Right to be Informed if Crime is Bailable or Non-Bailable

120% 60% 55% 100% 100% 50% 43% 43% 80% 40% 70% 60% 30% 25% 40% 20% 20% 14% 20% 15% 15% 10% 0% 0% 0% 0% Category-A Category-B Category-C Category-A Category-B Category-C [Not Aware] [Somewhat Aware] [Aware] [Not Aware] [Somewhat Aware] [Aware]

Baseline Value (%) Benchmark Value Baseline Value (%) Benchmark Value

7. Awareness of Stipulation of Accused to be 8. Awareness of Stipulation that Women Cannot Produced in Court within 24 Hrs. of Arrest be Arrested After Sunset & Before Sunrise

70% 100% 65% 90% 91% 60% 80% 50% 70% 45% 40% 60% 37% 50% 30% 30% 40% 50% 25% 30% 20% 25% 18% 25% 20% 10% 10% 6% 0% 0% 3% Category-A Category-B Category-C Category-A Category-B Category-C [Not Aware] [Somewhat Aware] [Aware] [Not Aware] [Somewhat Aware] [Aware]

Baseline Value (%) Benchmark Value Baseline Value (%) Benchmark Value

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70% 65% 60%

50%

40% 45% 30% 30% 25% 20% 19% 16% 10% 0% Category-A Category-B Category-C [Not Aware] [Somewhat Aware] [Aware] Baseline Value (%) Benchmark Value

2. Protection, Prevention, Maintenance, Prohibition and Rights of Women & Children

10. Awareness of Actions Related to Domestic Violence 11. Awareness of Provisions on Dowry Prohibition

70% 70% 60% 58% 60% 60% 50% 50% 48% 40% 35% 40% 30% 30% 30% 29% 35% 30% 20% 23% 19% 20% 23% 10% 10% 10% 0% 0% Category-A Category-B Category-C Category-A Category-B Category-C [Not Aware] [Somewhat Aware] [Aware] [Not Aware] [Somewhat Aware] [Aware]

Baseline Value (%) Benchmark Value Baseline Value (%) Benchmark Value

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12. Awareness of Penalties for Child Marriage 13. Awareness of Penalties for Employing Child Labour

100% 80% 94% 76% 90% 70% 80% 60% 70% 60% 50% 50% 40% 50% 40% 25% 50% 25% 30% 30% 25% 25% 20% 20% 10% 10% 15% 9% 5% 0% 1% 0% Category-A Category-B Category-C Category-A Category-B Category-C [Not Aware] [Somewhat Aware] [Aware] [Not Aware] [Somewhat Aware] [Aware]

Baseline Value (%) Benchmark Value Baseline Value (%) Benchmark Value

14. Awareness of Actions Treated as Sexual 15. Awareness of Separate Law for Care and Offences Against Children Protection of Children/Juveniles

60% 80% 53% 70% 71% 50% 60% 40% 50% 40% 35% 30% 25% 29% 40% 50% 30% 20% 20% 30% 18% 20% 10% 17% 10% 12% 0% 0% Category-A Category-B Category-C Category-A Category-B Category-C [Not Aware] [Somewhat Aware] [Aware] [Not Aware] [Somewhat Aware] [Aware]

Baseline Value (%) Benchmark Value Baseline Value (%) Benchmark Value

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3. Protection of Vulnerable Groups, Marginalized & Weaker Sections

16. Awareness of Law on Prevention of Atrocities on Scheduled Castes and Tribes 17. Awareness of Right of Maintenance for Parents & Senior Citizens

80% 75% 90% 70% 71% 80% 81% 60% 70% 50% 60% 40% 50% 50% 40% 30% 30% 18% 30% 20% 15% 20% 20% 10% 11% 18% 10% 10% 0% 0% 1% Category-A Category-B Category-C Category-A Category-B Category-C [Not Aware] [Somewhat Aware] [Aware] [Not Aware] [Somewhat Aware] [Aware]

Baseline Value (%) Benchmark Value Baseline Value (%) Benchmark Value

18. Awareness that Practice of Bonded Labour is Illegal & Punishable 19. Awareness of Key Provisions for Abolition of Bonded Labour

70% 80% 65% 60% 70% 69% 54% 50% 60% 40% 50% 30% 40% 30% 45% 27% 30% 25% 30% 20% 19% 20% 19% 10% 10% 5% 12% 0% 0% Category-A Category-B Category-C Category-A Category-B Category-C [Not Aware] [Somewhat Aware] [Aware] [Not Aware] [Somewhat Aware] [Aware]

Baseline Value (%) Benchmark Value Baseline Value (%) Benchmark Value

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4. LABOUR SECURITY, WELFARE AND MAINTENANCE

20. Awareness of Provisions for Equal Wages for 21. Awareness of Provisions of Maternity Equal Work for Men and Women Benefits to Working Women

60% 90% 80% 84% 50% 49% 70% 40% 35% 40% 60% 50% 65% 30% 40% 24% 20% 25% 27% 30% 20% 20% 15% 10% 10% 7% 9% 0% 0% Category-A Category-B Category-C Category-A Category-B Category-C [Not Aware] [Somewhat Aware] [Aware] [Not Aware] [Somewhat Aware] [Aware]

Baseline Value (%) Benchmark Value Baseline Value (%) Benchmark Value

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5. GOOD GOVERNANCE

22. Awareness of Law for Protection of Interests of Consumers 23. Awareness of Right to Information Act

80% 70% 76% 65% 70% 60% 60% 50% 50% 50% 50% 40% 40% 30% 30% 25% 30% 25% 20% 26% Baseline Value (%) 20% 15% 20% 10% Benchmark Value 9% 10% 9% 0% 0% Category-A Category-B Category-C [Not Aware] [Somewhat Aware] [Aware] Category-A Category-B Category-C [Not Aware][Somewhat [Aware] Baseline Value (%) Benchmark Value Aware]

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6. Social Security, Insurance & Financial Inclusion

24. Janani Suraksha Yojana (JSY) 25. Rashtriya Swasthya Bima Yojana (RSBY)

90% 60% 80% 80% 55% 79% 50% 70% 60% 40% 50% 40% 35% 30% 25% 29% 40% 30% 20% 20% 20% 8% 10% 16% 10% 13% 0% 0% 0% Category-A Category-B Category-C Category-A Category-B Category-C [Not Aware] [Somewhat Aware] [Aware] [Not Aware] [Somewhat Aware] [Aware]

Baseline Value (%) Benchmark Value Baseline Value (%) Benchmark Value

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Deen Dayal Upadhayay State Institute of Rural Development (SIRD), Bakshi-ka-Talab, Indaurabagh, Lucknow – 226 202. Telephone : 05212 – 298291, 298292 ; Fax : 05212 – 298209 E-mail : [email protected] Website : www.sirdup.in

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