Promoting Action Against Discrimination, Abuse and Violence of Women
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SOCIAL MAPPING STUDY REPORT Submitted By 1 Contents I - Background and Methodology 1.1 Violence against Women: Situation at a Glance 1.2 Project Background 1.3 Objective of the Research Study 1.4 Study Methodology 1.4.1 Study Tasks 1.4.2 Preparation for Data collection II – Exploring Situations and Way Forward: Uttar Pradesh 2.1 Demographics of Study Districts 2.2 District-wise information on key stakeholders to counter Violence against women District: Lucknow District: Saharanpur District: Muzaffarnagar District: Varanasi District: Kanpur District: Gorakhpur District: Gautam Budha Nagar III – Exploring Situations and Way Forward: Karnataka 3.1 Demographics of Study Districts 3.2 District-wise information on key stakeholders to counter Violence against women District: Bangalore District: Dakshin Kannada District: Gulbarga District: Shimoga District: Koppal District: Udupi District: Tumkur 2 CHAPTER I BACKGROUND AND METHODOLOGY 1.1 Violence against Women: Situation at a Glance The United Nations defines violence against women as any act of gender-based violence that results in, or is likely to result in, physical, sexual or mental harm or suffering to women, including threats of such acts, coercion or arbitrary deprivation of liberty, whether occurring in public or in private life. According to a UN press report two third of married Indian women are victims of domestic violence and each incident of domestic violence leads to the loss of seven working days for a woman in a country like India. Seventy percent of married Indian women between the age of 15 and 49 years are proven victims of incidences like rape, beating, forced or coerced sex (United Nation Population Fund Report). There has been increasing concern about violence against women in general, and domestic violence in particular, since last two decades. Not only has domestic violence been acknowledged worldwide as a violation of basic human rights, but an increasing amount of research highlights the health burdens, intergenerational effects, and demographic consequences of such violence (United Nations, 19971; Kishor and Johnson, 20062). Violence against Women (VAW) is rooted in gender inequality and that whether in homes or outside, it reflects the power structures in society which relegate the status of women to be only after that of men. Its starting point is, thus, to deal with conditions that systematically deny women their lives, health, rights, choices, and power in the family. There are many forms of violence against women, including sexual, physical, or emotional abuse by an intimate partner; physical or sexual abuse by family members or others; sexual harassment and abuse by authority figures (such as teachers, police officers or employers); trafficking for forced labour or sex; and such traditional practices as forced or child marriages, dowry- related violence; and honour killings, when women are murdered in the name of family honour. Systematic sexual abuse in conflict situations is another form of violence against women. Although women may be victims of any of the general crimes, the incidences which are directed specifically against women are characterized as ‘Crime against Women’. National Crime Records Bureau for the year 2007 reveals an increase in almost all types of crimes against women over the years. The crime head-wise details of reported crimes during 2003 to 2007 along with the percentage variation are presented in the table below. 1 United Nations. 1997. Report of the Fourth World Conference on Women, Beijing, 4-15 September 1995. Beijing, China: United Nations 2 Kishor, S. and K. Johnson. 2006. Reproductive health and domestic violence: Are the poorest women uniquely disadvantaged? Demography Vol. 43(2):293-307 1 Cases of Violence against Women in India Crime Head Year Percentage 2003 2004 2005 2006 2007 variation in 2007 over 2006 1 Rape 15847 18233 18359 19348 20737 7.2 2 Kidnapping & Abduction 13296 15578 15750 17414 20416 17.2 3 Dowry Deaths 6208 7026 6787 7618 8093 6.2 4 Torture 50703 58121 58319 63128 75930 20.3 5 Molestation 32939 34567 34175 36617 38734 5.8 6 Sexual Harassment 12325 10001 9984 9966 10950 9.9 7 Importation of Girls 46 89 149 67 61 -9.0 9 Immoral Traffic Prevention Act 5510 5748 5908 4541 3568 -21.4 8 Indecent representation of 1043 1378 2917 1562 1200 -23.2 women (Prohibition) Act 10 Dowry Prohibition Act 2684 3592 3204 4504 5623 24.8 Total 140601 154333 155553 164765 185312 12.5 Source: NCRB Report- Crime in India-2007 The cases of violence against women have increased in 2007 by 12.5% over 2006 and by 31.8% over 2003. The crimes under Indian Penal Code (IPC) have accounted for 94.4% of total crimes and the rest 5.6% crimes were under the Special and Local Laws (SLL). The data indicates that proportion of IPC crimes committed against women has increased continually from 7.6% in 2003 to 8.8% during 2007 (NCRB Report 2007). Source: NCRB Report- Crime in India-2007 2 According to NFHS –III (2005-06), 34 % of women aged between 15-49 years have experienced violence at any time in their life since the age of 15. Among these majority of women have experienced violence in the 12 months preceding the survey. Violence can be physical or sexual. Slapping is the most commonly reported act of physical violence. Women’s experience of the different types of violence varies greatly by state. In all states, however, physical violence alone tends to be the most common form of violence. Sexual violence rarely occurs without physical violence. Violence against women is putting a huge strain on a nation's social and legal services and leads to heavy loss of productivity. This highlights the gravity of the situation and need of concerted effort at all levels. India has taken decisive steps to prevent domestic abuse against women in recent times through section 498 A, and the new domestic violence act of 2005 (PWDV Act). The act gives any person who believes that a woman is being subjected to torture, the right to file a complaint, and instructs that "The first hearing be held within three days after the complaint has been filed and the case be disposed within a period of 60 days of the first hearing". For the purposes of this Act, any act, omission or commission or conduct of the respondent shall constitute domestic violence in case it – (a) harms or injures or endangers the health, safety, life, limb or well-being, whether mental or physical, of the aggrieved person or tends to do so and includes causing physical abuse, sexual abuse, verbal and emotional abuse and economic abuse; or (b) harasses, harms, injures or endangers the aggrieved person with a view to coerce her or any other person related to her to meet any unlawful demand for any dowry or other property or valuable security; or (c) has the effect of threatening the aggrieved person or any person related to her by any conduct mentioned in clause (a) or clause (b); or (d) otherwise injures or causes harm, whether physical or mental, to the aggrieved person. Rights recognized under the PWDVA The PWDVA recognizes a woman’s right to live in a violence free home. The right to reside has been given statutory recognition under the law (Section 17). This guards against the illegal dispossession of women from the shared household. A woman who has faced domestic violence from the respondent is entitled to reliefs under this law. Infrastructure made available under the law The implementing authority of this law is the Protection Officer. A Protection Officer works under the supervision of the court and is vested with the responsibility of facilitating an aggrieved woman’s access to the court and assisting the court in discharging its functions. Service providers engaged in providing services, to women are to be registered under the Act. By registering under this law, service providers attain the status of public officers. The State is to notify medical facilities and shelter homes which cannot refuse to provide services to aggrieved women. Police are bound to provide information on this law to women approaching them with complaints of domestic violence. This is 3 in addition to their duties to register complaints under criminal law. The court may also order the police to assist Protection Officers in discharging their functions. Courts empowered to deal with applications An aggrieved woman or the Protection Officer on her behalf may file an application for reliefs to a Magistrate. Section 26 provides that an application under this Act can also be filed in pending proceedings affecting the aggrieved woman. Prior to filing an application, an aggrieved woman can record her complaint of domestic violence in the form of a ‘Domestic Incident Report’ (“DIR”). A DIR may be recorded by the Protection Officer or by any Service Provider. A DIR may be attached to the application for reliefs. A magistrate shall consider any DIR’s filed at the time of deciding on reliefs to be granted.3 1.2 Project Background Violence against women is a major public health problem and a violation of human rights. Violence against Women in India is linked directly to their subordinate status in society. Most women exist in a continued state of disempowerment. Anti-woman attitudes in culture, traditions, social norms and religion have institutionalised the lowly position of women in society as silent victims of violence and abuse. A lack of access to education and opportunity, and low social status in communities are linked to and aggravates the violence against women. Breakthrough, an innovative, high impact international human rights organization work on several issues including violence against women, sexuality and HIV/AIDS, racial justice and immigrant rights using media and education to transform public attitudes and advance equality, justice and dignity.