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The Undisclosed Misery of Indian & Kerala Women

A detailed analysis and review of Women - Based on All Global Gender & Women indexes James Vadakkan, Centre for Kerala Studies 2

Kerala Feminism at Cross roads

Emancipation* of Kerala Women by Men

(* The fact or process of being set free from legal, social, or political restrictions, liberation)

Status of Kerala Women to be assessed/measured on Global Gender Parameters

Men and Women to share a dual role at Home, Work & Society

Men should be given the same duties as women in their parental capacity

“VIOLENCE AGAINST WOMEN”

IS A GLOBAL DISASTER THAT ONLY MEN CAN PREVENT

Report of the Working Group appointed to

“Study the entire subject of women, gender discrimination, child care support, child education, Happiness, Motherhood, Wife’s right on the salary/income of the husband, Property Rights, Personal Law, Violence against women and children, Sex Education in Schools, including the influence of modern media and the ICT and the absence of clear laws against abuse of the women body”

By

James Vadakkan

The ever increasing violence against women and children in Kerala/India prompted us to have a detailed study on the subject which may help the thinkers, the policy creators, the decision makers, the leaders of various kinds and areas and the legal profession and judiciary to understand the real problem which may result in development of appropriate solutions. Centre for Kerala Studies

KP6/399, Vadakkan Buildings, 1st Floor, Mundankal PO, Pala, e mail:[email protected] 9497340829 3

My confession

The subject of women empowerment came to my mind during the early 2000. May be based on my 3 weekly articles on Entrepreneurship, Modern Management and Marketing in ‘Business Deepika’ at that point of time, Sri T K Jose IAS, then Executive Director of Kudumbasree forced upon me the task of training entrepreneurship on ‘groups of women’ under Kudumbasree which I never believed that will be understood and grasped. But my first training at Malappuram changed my entire thinking on women and their capacities. Afterwards I took classes for hundreds of women entrepreneur groups- most of which are successfully running their small business. This provoked mine and our two research and public interest organizations – Centre for Consumer Education ( CCE) and Centre for Kerala studies (CKS) to have a separate research section on women.

Women Empowerment may be the word which is the highest misquoted and understood word in Women Sphere. Empowerment refers to gaining greater control over one’s own life – includes enhancement of mobility, of decision-making about spending one’s earned income , as well as other aspects of life such as the right to choose a partner, children’s welfare and education and so on. An enhanced sense of self-esteem is at the core of empowerment which increases the ability of women to negotiate the constraints of their everyday lives.

Women Empowerment is possible only when women has economic empowerment which comprises of a mix of autonomy and dignity which is associated with choice, mobility and freedom from violence, non discrimination in work and women’s right to own productive assets like land, house, technology ,finance etc. as well as their right to organize themselves and to voice representation which ultimately will end up in creating ability to make decisions inside and outside the home. Women Economic Empowerment can happen only when women have unrestricted entry and exit options to any labour market.

History of Women Empowerment in developed countries like US or OECD ( Organization for Economic Co Operation and Development) indicates that a long period of ‘evolutionary change’ preceded the ‘revolution’ that was happening in the last few decades.

Women in Kerala are better educated, more literate and have less number of children, and are not dependent on agriculture. Since the 1970s, there have been many literature on women and her role in economic development and more specifically in home care and care giving . Women’s work , both at home and in the paid work, has made significant contributions to economic growth .The non availability of reasonably good and economical child care facilities is the most deterring factor affecting women.

Feminist economists point out the nature of economic transformation and growth contributed by working women . It is widely accepted across the globe that women’s work is overlooked, undervalued and underreported particularly of their non market activities , such as care giving and child care which have substantial economic benefits for households

Women’s participation in paid work depends on the time spent in reproductive functions and their ‘unpaid work’ and the extent to which they are able to access support including sharing of unpaid work within the family. Vast majority of the women workers in Kerala work in low-pay, 4

low-productivity jobs in rural and informal economy. The gaps in labour force participation (LFP) rates between women and men in Kerala are large.

Education is one of the most important factors influencing female labour participation. Overall, educational attainment has an important effect on the women’s decision to participate in labour market. The relationship between educational attainment and the female labour participation in not straight forward. Poorly educated women’s employment is distress driven and they are compelled to work to support themselves and their families. Attractive job opportunities with higher wages induce better educated women to work.

Promoting female education is known to reduce the number of children born to a women which increases the probability of participation in labour market. It is reported that in Mexico, unmarried women participate in large numbers in the labour market , while married women’s decision to participate depends largely on the presence of young children.

Cultural and societal norms also have significant influence on women’s freedom and employment. These norms discourage women to take paid employment or more active involvement in the public sphere and that they confine women to the role of caregivers. Women are often viewed as ‘supportive earners’ that reduces the range of options for married women in labour and stop gap arrangement in public action sphere.

Women Empowerment will happen only when women on themselves can contribute to a more sustainable and inclusive growth process in a country’s development path. Women Participation must be taken seriously by policy makers and should not be relegated as a social issue left to women leaders , line ministries and women agencies. The ‘transition points’ along the life cycle of a household women to become a society women – the completion of education, transition from education to work, acquisition of skills, the marriage and birth of children, child care facilities , issues of limited mobility and safety at work and public places – needs special attention of the policy makers . An engendering of policy is needed at all levels of the policy process: in the identification of issues, design of policy, its implementation and evaluation

Women Empowerment (WE) is Women Economic Empowerment (WEE). There can be six pillars for WEE. They are (1) Inclusive Growth and Job Creation, (2) Education and skills development, (3) Support for reducing the time burden of care and other household activities, (4) Transport and Infrastructure, (5) Legal rights and protection, and (6) Measurement of Women’s work.

A wide spectrum of people, literature, incidents, issues, indexes ,reports– trivial as well as very serious- are referred, cited, commented and used in the creation of this report. This is our style of research which we had used successfully in our earlier research papers on several areas like State Public Finance, Agriculture , Farmers Issues, Public Transport , Media and Courts etc . Our research style is “Publication of research notes for public discussion as a part of social education process in the field of people related issues”

Everybody is free to use this note for any purpose and all are requested to correct us anywhere and please inform us about the correction required in subject content, layout, presentation etc. This may be treated as a “Draft Report” only

James Vadakkan, Pala Dated 1st May 2018, [email protected], 094973 40829

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Contents No Chapter Name Pages 01 Women Unsafe in Kerala – Kerala Model being questioned 07-16 02 History of Women Movements 17-30 03 Gender Equality 31-34 04 Women Empowerment 35-38 05 Global Gender Equality Indices & Indicators 39-42 06 Social Institutions & Gender Index ( SIGI ) 43-48 07 Global Gender Gap Report 49-54 08 Women, Business & the Law (WBL) Report 55-70 09 Sex Surveys in Kerala/India – Morality exposed 71-74 10 World Happiness Report 75-80 11 Child Care Support 81-84 12 Kids/ School Education Revolution 85-104 13 Women Specific Legislation 105-116 14 Women in India 117-122 15 Women in Kerala 123-134 16 Women Property Rights 135-138 17 Sex Education in Schools 139-145

List of Tables 01 Major Crimes against women in Kerala 2010-17 6

02 Comments of 7 women leaders of Kerala 03 Kerala Women’s observations on men 04 Attack on travelling women 05 Men around the world support women’s rights except in India 06 Earnings Gap between women and men 07 Women and men working in different sectors 08 Time utilized in a day of 12 hours 09 SIGI Gender Gap variables 10 Women Discrimination based classification of countries 11 Country Score Card and selected contextual Data 12 Global Gender Gap Report – Global Performance 2016 13 India performance in Global Gender Gap Report 14 Ranking in Gender Gap Index, India and other countries 15 Areas of Legal Differences for married and unmarried women 16 Sexual Harassment Laws, by % of countries in a region 17 Women, Business & Law Indicators 2016 – Areas/Topics/questions 18 India Today Sex surveys 2003-2017 19 World Happiness Ranking 2014-16 by countries 20 Programme for International Students Assessment - PISA Scores 21 Child Teacher Ration in Finland 22 Women Specific Legislations in India 23 Women related legislations in India 24 Cases of violence against women under various heads of crime 25 Year wise & Source wise registration of cases of violence 2014-16 26 Various Crimes against women 2005-09 27 Major Kerala Health Indicators 28 Student Enrolement gender wise Kerala 2015-16 29 Labour Participation Rates of women in various states -2001 census 30 Rural Urban Labour force participation rate 31 Work Participation Rates (WPR) 32 District wise WPR in Kerala 2001 & 2011 33 Women participation in the highest salary job sectors 34 Lowest salary paying works/jobs and the women LPR (2004) 35 Wage wise disparity between women and men in various sectors 36 Job seeking women and housewives aged between 18-35 years (%) 37 Opinion about the major issues connected with Gender Equality 38 Major reasons for attack against women in Kerala 39 Gender wise, District wise population in Kerala 40 41 42 43 44 45 45 47 48 49 50

Chapter 01 7

Women unsafe in Kerala ? “KERALA MODEL” being questioned !

“Only a crisis- actual or perceived – produces real change. When that crisis occurs, the actions that are taken depend on the ideas that are lying around. That, I believe, is our basic function: to develop alternatives to existing policies, to keep them alive and available until the politically impossible becomes the politically inevitable” (Friedman, 1962)

01.01.This study is the outcome of my concern in bringing up a daughter during the last 31 years and also my concern about what will happen in the next 20 years as I have to handhold my granddaughter who is just 5 years old now. So the statements referred, studies reported and the comments collected are down to earth correct. Mikhela Teresa (I call her Chuchi ) is my 5 year old granddaughter. I have only one daughter – Maria who is 31 years old. She completed her BBA from Marian College, Kuttikkanam, did her MBA from SCMS Kochi and worked for 1 year as a Privileged Officer at ICICI Bank. Thereafter she got married, resigned from the job, looked after her child for 3 years, did HDC (Higher Diploma in Co Operation) and is the 1st rank holder in the 2017 State wide HDC exam. My wife is Jameela, a post graduate but a housewife, My mother is Elsy, a retired school teacher. I have three sisters,Molly, Jessy & Kochurani. So majority of my family members are women. Last 28 years I was writing coloums/articles/features on Modern Management, Public Issues etc . I had more than 3,000 published articles. This required continuous reading and assessment of the public life . With all the above experience one thing I can say with all conviction is “Women in Kerala are in a crisis. They are not safe within the family; leave the public places or public space”. The crimes against women and children are increasing year after year. So many conventional women protection and empowerment initiatives of government and non government are not producing the desired results. This is happening in a state where free and universal education has been imparted to the common man 100 years back. There is no other State in India which has such a history. It is believed that education and social development will bring down crimes. Kerala stood unique among Indian States with a consistently higher level of human development comparable with that of many advanced countries but with a much lower per capita income. Kerala ranked first among major states in India in the Human Development Index, but its per capita income lagged behind the all India average. Kerala earlier has the highest translation efficiency in terms of public action and ‘giving higher priority and precedence to the development of services like education and public health in response to the organized public demand. But the publicly disclosed violence against 8

women is increasing at alarming rates. Nobody has any idea of the undisclosed violence. Women leaders may question my stand. A scanning of the last 5 years statements by women leaders, news items and features proves my point. I use this chapter for such an introspection.

Table 01- Major Crimes against women in Kerala – 2010 to 2017 2010 2011 2012 2013 2014 2015 2016 2017 Feb Harassment 626 1090 995 1207 1291 1211 1572 200 Rape 2928 3719 3715 4310 4349 3910 3961 608 Kidnapping 185 197 194 177 146 175 153 13 Source: State Crimes Record Bureau

01.02. Modern system of education and health care were introduced in Kerala during the early decades of the 19th century. A royal proclamation issued in 1817 in Travancore undertook to “defray the entire cost of education of its people in order that there might be no backwardness in the spread of enlightenment among them”. Schools and hospitals were opened by the Government and the government promoted private agencies also to start schools and hospitals by providing grants-in-aid. The activities of the Christian missionaries decisively influenced the expansion and development of health and educational facilities in Kerala across all communities.

01.03. The Christian Missionary Schools opened up avenues of education to the low castes, but the then government schools remained inaccessible to the low castes and outcastes. The Sree Narayana Dharma Paripalana (SNDP) Yogam , established in 1903 to propagate the teachings of Sri Narayana Guru, was the torchbearer of the emerging consciousness. The message of the Guru was “to gain enlightenment through education and strength through organization”. In 1907 Ayyankali, the leader of the Pulayas, established the Sadhu Jana Paripalana Sangham (SJPS) and Ayyankali viewed education as the most important means for the liberation of the low castes. The Nairs, who found their dominant caste position being affected by their system of family organization (Matriliny) and by the policy of the Travancore Government of inducting Tamil Brahmins in to key positions , established the Nair Service Society in 1914 for internal correction of the community, reforms in marriage and property laws and promoting education. Abdul Khader Moulavi established the Muslim Mahajana Sabha to propogate the reforms within the Muslim community and to promote education.

01.04. Kerala stood first in population trends, sex ratio, demographic transition like Crude Birth Rate (CBR), Crude Death Rates (CDR), Total fertility rate (TFR), age at marriage, longevity, infant mortality maternal health care and child immunization etc. Total Fertility rate (number of children per women) which was 5.6 in the 1950s in Kerala came down to 1.8 in the 1990s and it is below the replacement level of 2.1 children per women. By contrast, in India, the TFR was 6.3 in the 1950s and declined to 3.3 in the 1990s. But there are negative indicators also. Kerala has the highest rates of morbidity (acute illness and chronic illness) rates . 9

Kerala has the highest suicide rates. Major causes of family suicide are financial bankruptcy. Kerala people has the highest mental distress ( 30 per lakh of population compared to 11 of all-India) .Kerala stands first in per capita liquor consumption. 40 percent of the road accidents in Kerala occurred because of the drivers was under the influence of alcohol and it is 72 percent in the National Highways. People of Kerala – especially farmers- are the highest indebted people having the highest bank loans . The issue of ageing ( proportion of population aged 60+) is the highest in Kerala

01.05. A Centre for Development Studies (CDS) study sponsored by the United Nations (UN) during 1975 under the leadership of Prof K N Raj studied the “high human development and low per capita income” syndrome in Kerala which ended up in the identification and nomenclaturing of the now famous “KERALA MODEL” . Kerala Model suggested that “there is much to be said in favour of a pattern of development, which gives attention to the minimum essentials of life, particularly if these are interpreted to include items such as education and health services which help to build up human capital and make important qualitative differences to the whole process of development and social development can be achieved without the simultaneous rise in per capita income or urbanisation or industrialization”. The Kerala Model occupied an important place in the chain of intellectual events that culminated in a paradigm shift in development thinking.

01.06. Kerala’s achievements in terms of human development indicators – Kerala Model - are well known and have been much commented upon. The Gender Development Index estimated at the regional level by several scholars’ places Kerala at the top. But on more direct measures of autonomy to women like household decision making, mobility, access to/control over money etc Kerala is far below than the major states. Many of the findings on such areas question the much glorified relation between literacy and women empowerment and gender equality in Kerala. It is further striking that violence against women is one of the highest in Kerala. As per NFHS 2 survey 69.4 percent of women in India had experienced violence at least once in their lifetime whereas it is 70.2 percent in Kerala. In an earlier Crime Against Women (CAW) data published by National Crime Records Bureau, in the ascending order of total CAW, Kerala is the worst state. In two categories, molestation and cruelty at home; Kerala has the highest rates of CAW.

01.07. The 7 year data (2010-2017) on the major crimes against women also indicates the ever increasing trend which questions the “Kerala Model” of development itself as the violence against women is done by the most literate people in India.

01.08. The recent developments in Kerala in the areas of violence against women, gender inequality, child abuse etc raises the very relevance of the so called “best social indicators”, “century old advanced education”, “social development” and “political literacy” of the people of Kerala. A news item in Desbhimani daily dated 25.10.2017 indicates that even the state government had decided to 10

provide volunteers to protect Kerala Women under “NIRBHAYA” scheme. There is an urgent need to assess the mind of the man including boys of Kerala and their attitude towards Kerala Women, girls and even 3 year old children vis-à-vis the national and global level.

01.09. It is a fact that sexual emotions are really uncontrollable. The best practice is to not to induce sexual provocation in human beings- both man and woman. The provocation acts faster in man than women. Nobody is immune to this syndrome as publicly revealed by the “father of the Nation” Mahatma Gandhi in his book “ My Experiments with Truth” . In that book he discloses how he left his dying father and lied with his wife and had sexual happiness and by the time his father expired. Based on this statement of the father of the nation, Fr Boby Jose Kallikattu, in an article in the “Ezuthu” magazine of July 2016, titled “Blind reading Brailee” brings out so many shocking realities of sex and human behavior. This finding should bind the policy makers in the field of censorship on print and electronic media, mobile downloading, transmission and circulation of sexual pictures, articles, paintings, drawings, cinemas and like things which fires the dormant sexual thirst of human beings. These types of sexual provocations is of a recent origin and is not controlled by anybody including the Press Council of India.

01.10. Seven leading Kerala feminists from various walks of life had in the “Ezuthu” magazine of July 2016 had commented about the present state of affairs of Kerala Morality, how Kerala men think about women and the various issues faced by Kerala Women. These comments are by

 Smt Ajitha, President of Anweshi Women Counseling Centre  Dr Khadija Mumthaz , Writer, Gynecologist, Award Winner of several books including the novel “Bursa”  Smt Jesmy, Writer, Social Activist  Smt K R Indira, Journalist, Author of “Women’s Kamasuthra” in Malayalam  Sr Arpitha, Nun, Activist working among Mentally retarded people  Smt Viji of Penkootu, Social Worker and Leader of the Unorganized women trade union  Smt M G Mallika, Writer, Social Activist, Head of the Department of Economics, Guruvayoorappan College, Kozhikode , Doctorate holder in Gender Economics.

01.11. All these seven women activists highlight the need for a revised assessment of the sexual relationships between man and woman, need for sexual education at younger ages, action against pornography, indecent actions against women, restriction on the transmission, distribution and sharing of sexual images, writings, drawings etc.

01.12. It is not that our “father of the nation” only is attracted by sex. It is reported in the newspapers and channels that even the Solar Commission Chairman Justice(Retd) Sivaraman is also influenced by women. The description about Smt. Saritha Nair by Justice (Retd) Sivaraman in his commission report is the provocation for the news comments. Such an article appeared in Keralasabdom weekly dated 03.12.2017. 11

01.13. Dr T V Gopalakrishnan, in his article in Kalakaumudi magazine dated 16.04.2017 illustrates his experience in staying with a women colleague in a hotel for 3 days where he was forced to stay out of the room to get out of the temptation of any sexual action against the colleague and his action of consuming sleeping pills. In this article Dr Gopalakrishnan has quoted a story in one of the Tolstoy’s novel about a Priest who cut his fingersk purposefully keeping it in between the doors to create pain so that he will not be sexually attracted to a women who was along with the priest. He made a real statement which no Malayalee has the courage to make. Everybody has a sexual instinct within the body which will be fired by naked pictures, sexy photos or stories or drawings etc. The civilized person tries to get out of this temptation by saying “ you just ignore it”. But the way in which the present ICT systems and mobiles spread pornography and indecent photos etc prevents the civilized man from saying ‘you just ignore ot’ and it provokes indecent behavior from civilized community.

01.14. Dr R Jayaprakash, Professor, Medical College, Thiruvananthapuram is more straight forward and in an article in KalaKaumudy dated 23/4/2017 titled “Serial Epidemic put Kerala in ICU” scientifically and psychologically proves that the serials in news and entertainment channels are provoking even 70 year old grandparents to abuse even 10 year girls under the influence of the programmes coming in TV channels. The 15 page detailed article throws light on the mental state of affairs of the Keralites who are most influenced by media.

01.15. A short story by the famous writer Sakariah named “Rani” which appeared in Mathrubhumi weekly dated 22.05.2016 had created a controversy and is accused of being a pornographic story which attracts the provisions of “The Indecent Representation of Women ( Prohibition Act.

01.16. Smt Maya P V had commented on the short story named “Rani” in her article in “Ezuthu” magazine of July 2016 where she questions the morality of writing and publishing such “immoral” short stories.

01.17. Dr M S Paul in his article in Kalakaumudi magazine dated 20.02.2017 titled “ Flesh Sale by the women poem writers/authors” , questions the immorality of women poets or authors writing poems and stories which descript the women body so as to instigate sexual thinking in the readers.

01.18. In another article titled “ Promoters of unsolved sexual feelings” in Kalakaumudi dated 27.08.2017 Dr M S Paul questions the judgments of the courts on cases involved sexual violence or sexual issues. According to him , the real solution is in educating boys and girls, men and women about the real sex , its uses, limitations, legal issues and moral side. He says that the more we separate man and women into water tight compartments, more will be the violence against women. 12

01.19. Even cartoons can provoke sexual feelings in human beings and the same is proved by the cartoon/drawing in Mathrubhumi weekly dated 26.08.2017.

01.20. “It is true and natural that men and women gets attracted in the usual life. It may lead to sexual desires also. But the morality or social conditions prevents such thirsts. The tragedy is that people who have very fertile lands (good and beautiful husbands and wives) do not use it and at the same time goes behind very low fertile lands (women/men). Women is more affected that men in any type of immoral relationships or sexual relationships”. Smt Srinandini in her article in Kalakaumudi Onam Special Issue of 2016 commented.

01.21. The article of Smt Rosy Thambi named “ Sexual Morality in the Cyber World” which appeared in the July 2016 issue of “Ezuthu” magazine questions the present practice of keeping sex and sex related subjects as secret and non debatable issues and proposes that women will be free and safe in Kerala only if proper education about sex is given to all the concerned. Sexual Immorality refers to sex which is not permitted. Even the indirect sex inducing or sex provoking poems, short stories, pictures, cartoons etc appearing in “private platforms”, pornography photos and books etc are new things in the modern society which was available very rarely 10 years back. All these can be instantly seen in any mobile phone and in some cases as big text itself, all free of cost as free downloads in mobile phones like the Geo mobiles of Reliance.

01.22. In the article by C J John titled “How to come out of the Cyber Sexual Trap” which appeared in the same “Ezuthu” magazine of July 2016, he comments that even girls of 10 years comes to school with the question of whether the other students had seen the previous day’s news where women channel celebrities had disclosed about her sexual relationships with so many men. When boys and girls regularly see sex related stories in news channels, they unknowingly get attracted to it. Of late there are incidents where grown up people show pornography over mobile or other ICT mechanisms to boys and girls of 10 to 12 years , gets them themselves innocently involved , which later attracts these young ones to sexual interest without any force and based on that interest, the original introducer gets sexual relationships with them. 50% of the information coming through ICT is about Sex This becomes irreversible afterwards.

01.23. Recently in the Malayala Manorama “Arogyram” magazine of Dec 2017, it is reported that sex is possible for old people even in the age of 70 or 80 which indicates the capacity and might of sex in everyone’s life

01.24. Sri C J John further comments that the new generation treats sex as an instrument for joy and happiness only and nothing more than that. There is no divine relationship like marriage, family etc behind that. Sex is an act of joy. This is a totally unacceptable attitude. But that is the general trend of the youth as 13

disclosed in a recent Youth Survey done by “Mathrubhumi Arogyam” magazine, in its Sept 2017 issue which is detailed in the chapter on “Sex Surveys” .

01.25 . In another article titled “Human Sexuality Beyond Human Body Science” Sri Varghese Poonoose ( Ezuthu Magazine , Oct 2016) reveals that the first scientific and authorized study on human sexuality appeared during 1948 and 1953 in two studies done by Alfred Kinsey named, Sexual behaviour in human males (1948) and Sexual behaviour in human females (1953) which threw light on the extra marital sexual relationships of married couples. During 1980-1984, Edward Lauman and Robert Michel did another study. Based on the above studies and subsequent reports, it is proved that the pornography and other sexual interest inducing pictures, articles or literature are the main cause for the increased interest in sex by the human beings which when unfulfilled leads to sexual harassment from light moves to severe moves like rape and violence against women.

01.26 . Smt Rosamma Chacko, staff reporter at Malayala Manorama in her article dated 08.03.2017 in Malayala Manorama daily had highlighted the ever increasing pattern of violence against women in Kerala.

01.27. A situation has come in Kerala to the extent that “any Malayalee man, if he gets a chance to sexually exploit a woman will do it if it can be done secretly.” This is not an exaggeration but the real position in Kerala. Again seven women celebrities/activists had made their comments on the present state of affairs of women in Kerala public through Malayala Manorama dated 23.02.2017 as to the insecurity of women and girls in Kerala especially the night travels.

Table 02- Comments of 7 women leaders from Kerala dated 23.02.2017 Name of the Activist The Issue Sangeetha Sreenivasan Afraid to send the girl children out during Writer night even in major cities Lt. Lavji Sathish “ staring of men on women (Thurichunottam) College Professor & NCC Officer Gayathri We have to treat the malayalee mind Singer Leslie Augustine Should know how to not to be afraid Rider Malavika Vales Travel in the night only with the most Actress ,Model trustable Dr Sindhu Joy We have to tell in firm voice Women Activist Sunitha Be bold and retaliate Theatre Artist

01.28. Some other observations made by women about the attitude of the Kerala men which appeared in Malayala Manorama dated 08.03.2017 throws further lights on the Men Personality/Attitude of the average Keralite. All these 14 observations/comments are the public outcome of the general feeling of almost all the women in Kerala. Vast majority of the Kerala Women keeps a discreet silence as they do not want to create a social issue as the people of the opposite side of the allegations are their own father, husband, brother, father in law, brother in law etc. In spite of that, if public action is not initiated it will further worsen the situation.

Table 03 - Kerala Women’s observation on men Person Comment /Observation Nuthun Manohar Response/Reaction should not be occasional CEO, Me Met Me, Kochi It should be on going and strong Leslie Augustine Women should get actively involved in the Freelance Journalist society Vaikom Vijayalakshmi Should know to say “No” Singer Sayanora Should not keep silent Singer Should respond seriously

01.29. It is a known secret fact that women are afraid to travel in public transport systems like buses, trains etc as they expect “soft attacks” on them by men. The general attitude of the fellow men passengers can be summarized /concluded from the comments based on their actual experience publicly disclosed by 4 women/girls as recently as March 2017. All these appeared in Malayala Manorama dated 19.03.2017.

Table 04 - Attacks on Travelling Women – the comments Person Comments/Experiences Rarima Sankarankutty Attack on women in an autorikshaw Sherin Mathew Velloor Attack in a train Suma Babu, Devalokam, Kanjikuzhi Attack in a 1st class compartment Sherin Elizabeth, Kaduthuruthy Attack in a KSRTC bus

01.30. On 16.07.2017 in the Malayala Manorama, Smt Sivani Rajeev narrates about a horror journey in a train in Kerala and the attitude of the railway police where she had a bitter experience of a gender attack.

01.31. Dr Kahadeeja Mumthaz, in an article in Chandrika Weekly dated 18.03.2017 narrates the sorry state of affairs of the MBBS women students studying in medical colleges. So the discrimination against women and the violence against women is not prevalent in the lower segment of the society, but is rampant at the higher levels also.

01.32. All the above indicates the present mindset of the man in Kerala. This was not the case 15 years ago. So there is a change in the attitude of Kerala man against women. As can be understood and concluded from the comments/observations of the subject experts, doctors, psychologists, behavioral experts, people with high social ranking etc in this chapter, 15 transmission, down loading, distribution and circulation of pictures, photos, messages, videos, clippings, stories, drawings etc exhibiting women as an instrument of sexual happiness for men is one of the major reasons for the ever increasing violence against women and children. Lack of /absence of proper sexual education at the appropriate level is another factor. There are so many laws in India protecting women. But most of them are sleeping eternally.

01.33. Freedom to do anything is directly linked with related responsibilities also. This law applies to individuals, institutions, governments and all. If people do not show the responsibility, there cannot be uncontrolled freedom. In China internet is controlled/blocked. Indecent representation of women is not possible in China. So women are comparatively safe and free in China. But in countries like US or Europe people are free and they can get anything they want and they enjoy it . But they do not complain. If anybody receives the fruits of freedom, they should absorb the after effects of that freedom. That is why there are 30 % pregnancy among the unmarried women in the US. Nobody complains or approaches the law enforcing agencies. They deliver the child and take responsibility of the “father less” child. If we need freedom we should accept the bad effects of the freedom. If we feel that the society is not matured enough to accept the total freedom, we should restrict the freedom. That is what is required now.

01.34. Ms Nalini Jameela , the author of the sensational book “ I am a sexual Worker” , in an interview with Dr Sreekala Mullaserry which appeared in the May 2017 issue of ‘Pachakuthira’ exposes the mindset of the Malayalee on Sex and demands legalization of Prostitution as a profession or occupation and further reveals the necessity of sex education at the early ages in schools .

01.31. In another controversial article by Gopalakrishnan and Vijaya Lakshi named “ Sex to be controlled for Family” which appeared in Mathrubhumi Weekly dated 20-26 Sept 2015, the inter linkage of sex and marriage is well researched. 16

Chapter 02 HISTORY OF WOMEN MOVEMENTS

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02.01. It has been argued that when 5 percent of a society -innovators- accepts a new idea, it becomes “embedded.” And that normally half of the population must be “aware” of the idea in order to reach the 5 percent who will adopt it. When 20 percent - early adopters- espouse it, the new idea becomes “unstoppable.” Transformative change comes from systematically locating innovators and early adopters. The areas where transformative changes are to be attempted through this report is that of our attitude towards girls and women , violence against girls & women, child care , gender equality, sex education at schools, feminist movements in Kerala, the freedom of the electronic and print media for the indecent exposure of women and children and the present state of affairs of girls and women in the State .

02.02. Women’s movements have long been a driving force for social change. They have given voice to the cause of gender equality, creating a space for public debate and setting stage for change and reform. Women mobilize as political actors and social agents for a wide variety of causes- social, political, economic, and environmental.

02.03. Feminism (and the women’s movement associated with it) refers to groups organized around women’s inequalities and disadvantages deriving from their gender. The feminist movement is a political movement concerned with changing social conditions. Awareness of disadvantage and rejection of the prevalent social order is a central pillar of its politics.

02.04. Feminism as a social movement began in the early 1920s – the “First Wave” in the United States and Europe- seeking to reform specific laws perceived as holding women in a sub ordinate position. Focusing on suffrage, the right to own property, and access to justice system, it engaged women politically, won legal recognition of women, and challenged legal barriers to gender equality.

02.05. The second wave, “Radical Feminism”, recognized that legal equality was not enough to change women’s subordination in society. Organized around the slogan, “the personal is political”, a new agenda aimed at transforming the social and economic status of women. Focal areas included control over women’s own bodies – particularly reproduction- equal pay claims, and domestic violence. The emphasis on subordination and difference was articulated around “intersectionality” and the interrelations among sex, race, and class oppression.

02.06. The third wave, “Post Feminism”, shifts attention from legal rights and group identity to emphasize a new concept of equality that disregards all fundamental differences between men and women.

02.07. The 1975 declaration of the Decade of Women by the United Nations and its four international conferences – Mexico City (1975), Copenhagen (1980) Nairobi (1985) and Beijing (1995) brought together women from developed and developing countries and created common interests and strategies for action the world over.

02.08. Progress toward gender equality entails shift toward a new equilibrium where women have access to more endowments, more political power, more economic opportunities, and more ways to exercise their agency and these new arrangement has to become the dominant order. The policy interventions to correct the gender gap in one country may not necessarily transfer to another country. The context determines how the findings from one country are relevant or 18

replicable in another. Successful interventions and lessons from one country must be adapted and attuned to the social circumstances of another.

02.09. Collective action through social networks and civil society groups has been a formidable force in advancing gender equality. Policy reforms arise from a political process where state and non state societal actors vie to shape their environment. Policies require tradeoffs in allocating resources to competing priorities within given budget constraints and financial and political costs.

02.10. Judicial Activism/Intervention and the resultant State action is the epicenter of gender- progressive policy making and implementation. The social contract determines the form, timings, and legitimacy of state regulation and intervention in markets, formal institutions, and social norms. In Scandinavian countries, the state explicitly pursues policies to strengthen women’s position in society, in what might be called a “Gender Contract.” In the Philippines, the 2009 “Magna Carta of Women” affirms the role of the state to “provide the necessary mechanisms to enforce and guarantee the realization of women’s rights as well as adopt and undertake steps to include temporary special measures which encompass a wide variety of legislative, executive, administrative and other regulatory instruments, policies and practices aimed at accelerating the equal participation of women in the political, economic, social, cultural, civil or any other field”.

02.11. Politician and policy makers negotiate the design, approval, and implementation of the state policies. “Gender Machineries” are specialized state structures to deliver on specific gender equality goals. They can involve institutions that monitor the social conditions of men and women, generate knowledge, provide operational support for gender reforms, or ensure their enforcement.

02.12. Women’s collective agency can be transformative for society as a whole. Empowering women as political and social actors can change policy choices and make institutions more representative of a range of voices. But the fact is that the transition toward a more egalitarian society requires the contribution and commitment of male actors. As heads of states and government ministers, as judges, as heads of armies, as employers and business managers, as village heads, as leaders of religious and faith based institutions, and indeed as husbands and fathers, men have held and continue to hold significant power over many aspects of women’s lives. Men’s attitudes and behaviors are crucial in the debate and in the design of gender-related policies.

02.13. A woman is a female human being. The term woman is usually reserved for an adult, with the term girl being the usual term for a female child or adolescent. The term woman is also sometimes used to identify a female human, regardless of age, as in phrases such as “women’s rights”. Women with typical genetic development are usually capable of giving birth from puberty until menopause. Menarche, the onset of menstruation, occurs on average at age 12-13. Most girls go through menarche and are then able to become pregnant and bear children. This generally requires internal fertilization of her eggs with the sperm of a man through sexual intercourse, through artificial insemination or the surgical implantation of an existing embryo is also possible. The study of female reproduction and reproductive organs is called gynecology. 19

02.14. The spelling of “woman” in English has progressed over the past millennium from “wifmann” to “wimmann” to “Wumman”, and finally, the modern spelling “woman”. In old English, wifmann meant “female human”, wheras “wer” meant “male human”. Mann or monn had a gender-neutral meaning of “human”, corresponding to modern English “person” or “someone”; however, subsequent to the Norman Conquest, man began to be used more in reference to “male human”, and by the late 13th century had begun to eclipse usage of the older term “wer”. The word “woman” can be used generally, to mean any female human or specifically, to mean an adult female human as contrasted with “girl”. The word “girl” originally meant “young person of either sex” in English; it was only around the beginning of the 16th century that it came to mean specifically a female child. The term girl is sometimes used colloquially to refer to a young or unmarried woman; however, during the early 1970s feminists challenged such use because the use of the word to refer to a fully grown woman may cause offence. In particular, previously common terms such as office girl are no longer widely used. Conversely, in certain cultures which link family honor with female virginity, the word girl is still used to refer to a never-married woman; in this sense it is used in a fashion roughly analogous to the obsolete English “maid” or “maiden”. Referring to an unmarried female human as a “woman” may, in such a culture, imply that she is sexually experienced, which would be an insult to her family

02.15. Reproductive rights are legal rights and freedoms relating to reproduction and reproductive health. The International Federation of Gynecology and Obstetrics has stated that “…….the human rights of women include their right to have control over and decide freely and responsibly on matters related to their sexuality, including sexual and reproductive health, free of coercion, discrimination and violence. Equal relationships between women and men is matters of sexual relationships and reproduction, including full respect for the integrity of the person, require mutual respect, consent and shared responsibility for sexual behavior and its consequences”.

02.16. In many prehistoric cultures, women assumed a particular cultural role. In hunter- gatherer societies, women were generally the gatherers of plant foods, small animal foods and fish, while men hunted meat from large animals. In more recent history, gender roles have changed greatly. Traditionally, middle class women were involved in domestic tasks emphasizing child care. For poorer women, especially working class women, although this often remained as ideal, economic necessity compelled them to seek employment outside the home. Many of the occupations that were available to them were lower in pay than those available to men. The social role of the “Mother” differs between cultures. In many parts of the world, women with dependent children are expected to stay at home and dedicate all their energy to child rearing, while in other places mothers most often return to paid work. There are so many orthodox and modern thinking on the responsibility of women in child rearing. One such article is written by Ms. Manasi in the “Thanma for Unique Thinking Magazine” dated June 2017. Another article written by Prof Smt Monamma Kokkattu, titled “ Salary from Husbands ? “ which appeared in the editorial page of Deepika daily dated 16.10.2012 commented against the move of the then Government of India Ministry of Women and Child Development Department’s move to introduce a bill to enforce transfer of 20% of the wages of the husband to the bank account of the wife as a compensation for taking care of home work and child rearing . Well known writer Rose Mary in a article written in Malayala Manorama as early as 01-11-2000 refers to several divorce cases from United states informing the valuation of the duties performed by a women as wife wherein they demands divorce compensation to the 20

tune of US $ 5 lakhs and above , which is an indicator of the valuation of the household duties performed by a wife.

02.17. Gender refers to socially constructed and learned female and male roles, behaviors, and expectations. All cultures interpret and translate the biological differences between men and women into beliefs about what behaviors and activities are appropriate for each gender as well as their rights, resources, and power. For example, most societies give the primary responsibility for the care of infants and young children to women and girls, and that for military service and national security to men. Gender thus shapes one’s life chances and one’s role in the home, in society, and in the country.

02.18. Played out over the life cycles of individuals, gender can translate into inequalities in human capital, economic opportunities, citizenship, and political participation. It determines the way households allocate resources to sons and daughters, through decisions about boys’ or girls’ education or about where they work, with sons working for income and daughters work in the home and care-giving activities. By the time boys and girls become adults and form households, women typically have fewer years of education than men, work longer hours but fewer in the labour force, earn lower wages, and have less say in their communities and societies.

02.19. Across countries and cultures, men and women differ in their ability to make choices that lead to desired outcomes with women usually at a disadvantage. When women and men do not have equal chances to be socially and politically active - and to influence laws, politics and policy making – institutions and policies are more likely to systematically favor the interests of those with more influence. So, the institutional constraints and market failures that feed gender inequalities are less likely to be addressed and corrected, perpetuating gender inequality over generations.

02.20. Women differ not only in their endowments and access to opportunities but also in their values and ideology. They typically have different definitions of sexuality, family, and desirable state intervention. The interests of some women may be directly opposed to the interests of other women. Women in Switzerland stood against universal suffrage.

02.21. The Switzerland’s history of the women fighting against women rights is very interesting. Swiss women gained the right to vote in federal elections and to run for political office after a national referendum in 1971. Eleven women (5.5%) were even elected as members of parliament. But some women had been a major factor in blocking passage of those rights in an earlier referendum. “The Federation of Swiss Women against Women’s right to vote” , founded in 1959, opposed women’s suffrage, arguing that women’s duties lie in the household. German-speaking cantons ( states) abided by cultural perception of women’s role in society as bound to Kinder, Kirche, and Kuche ( Children, Church and Kitchen): Men operated in the public space, and women in the private sphere. “ A women’s place is in the home, not in the political arena. To make political decisions, you must read newspapers, and a women who does her housework and looks after her children has no time to read newspapers” said Gertrud Haldimann, the president of the 21

federation. The 1959 national referendum resulted in a resounding “No”. 67% of the voters opposed women voting. In the canton of Appenzell Innerrhoden, an overwhelming 95% opposed the extension of the franchise.

02.22. Women in the United States are divided on issues of abortion rights, maternity leave, and affirmative action policies. Some women fight to prohibit the use of veil in France – others stand for their right to wear it. While female genital cutting has significant physical and psychological consequences, the beliefs and traditions around it are so powerful that many African women are strong advocates for its continuance. Race, religion, sexuality, ethnicity, and class identity coexist with gender (or ‘intersect” with gender, where their interactions create specific effects). As a result, different groups of women differ in their needs, experiences, and perceptions of social, economic, and political reality; in turn, those differences influence their political preferences and interpretation of policy options.

02.23. Swiss women’s move against women rights might have raised tension among the women readers now. But there is more exciting news from the same Switzerland. When Olof Palme, the Swedish prime minister, made a speech in 1970 for a Women’s organization in the United States, he surprised the audience by not speaking about women but about men. The title of his lecture was “The Emancipation of Man”, and Palme argued that only if both women and men share a dual role- at home and at work- can any substantial change take place. That is, men should be given the same rights and duties as women in their parental capacity. The transformation of maternity leave into parental leave encourages Swedish men to take an active part in parenthood. This change took place in 1974 and meant that the leave following the birth of a child was no longer reserved for the mother but could also be used by the father. Over time, parental leave was extended from 6 months in 1974 to 16 months today. More than women, men have championed so many women liberating policies and programs. The reforms of child custody and marital property laws in 19th century Europe and the United States preceded the granting of women’s political rights. These early expansions in women’s rights were passed by all-male legislatures accountable only to all males voters. But an article by Smt Manila C Mohan titled “Women has the right over the Foetus ( pregnant child)” which appeared in one of the issues of Mathrubhumi Weekly questions the joint responsibility of the man and woman in creating a newborn.

02.24. There are so many living examples of men designing and implementing gender equality reforms and sacrificing themselves for the benefit of women – be it a mother, wife, daughter or sister. Prof Prathimoy Bhattacharya, Professor at IIT Kharagpur resigned his job to take care of the family issues to qhelp her wife Mrs Arundhathi Bhattacharya, who became the 1st women Chairman and Managing Director of India’s biggest Bank, State Bank of India. When Aravind Kejriwal became the 22

Chief Minister of New Delhi with 4/5th majority during 2015, he disclosed that his real source of power and inspiration was his wife Sunitha and he made it public in a public meeting. Dr C V Ananda Bose IAS comments that mother is the god . Sri Alphonse Kannamthanam IAS (resigned), present Union Minister of independent charge for Tourism, IT in a public meeting at Manimala on 10.09.2017 told that his mother Brijitha is the inspiration for all his social activities. He says that his mother Brijitha had taken 2 orphans also as their children when she herself had 9 children.

02.25. Fr Jose Baby Kattikkattu, in an interview with Vanitha magazine dated December 15-31, 2016 reveals that men should become brothers to women and they should be a source of support for women, whatever be her relationships. In the background of so many violence against girls and women from various categories of men in Kerala, Sanjayan – a political cum social commentator in Madhyamom weekly is asking “ Whether humans means Men only?”. A highly thought provoking but very critical, it narrates the average Kerala Men .

02.26. In India men are considerably less supportive of gender equality overall as can be seen from a study (details below) where 53 % Indians feels that by supporting women’s rights men are losing out. In Mexico just 13 % feels so whereas in Croatia and Chile just 10 % believes so. If a survey is taken in Kerala on the same subject, the results will be more adverse. The UN Conference on Women in Beijing in 1995 sought to “encourage men to participate fully in all actions towards gender equality” – in education, socializing children, child care and house work, sexual health, and violence against women. A consensus is growing that it is necessary to work with both men and women to break harmful gender norms. The inclusion of men can convey the idea that gender equality is a public good benefitting all. Engaging with youth can shape lasting social attitudes towards gender role and gender justice. The attitude of men towards women in Kerala – where the ancestral property were inherited through daughters in the Marumakkathayam concept – may be an outcome of the old oppressive thinking Kerala men had as they did not inherited property. The famous Kerala historian MGS Narayanan had elaborated on this subject in his article in Chandrika weekly dated 18 March 2017.

02.27. In Brazil, Chile, Croatia and Mexico, adult men overwhelmingly express that “men do not lose out when women’s rights are promoted”. But India is an exception as can be seen below

Table 05 .Men around the world support women’s rights and policies except INDIA Issue Brazil Chile Croatia INDIA Mexico Supports women’s rights: Men don’t lose out 88 90 90 47 87 Supports Quota: fixed proportion of places in 64 74 43 77 41 government Supports Quota: fixed places in Universities 66 72 35 80 39 Supports Quota: fixed proportion of executive position 65 71 38 71 39 Source: Barker and others 2011

02.28. Even though the modern Indian Men believes so, that was not the stand/history of Ancient India . According to Swami Vivekananda “Father is 100 times more honorable than a 23

teacher. But mother is 1000 times more honorable. In India, mother is the epicenter of the family and mother gets the most honorable position in any family”. In Brookline (USA) Swamy Vivekananda told that “ Women represent God. God is the creator of the world. The God we worship has body and soul. We believe that the hands which accepts a new born baby is the hands of God and so mother is considered as God by our culture. Women are not just child manufacturing machines or sex enjoyment mechanism”. The thinking of Swami Vivekananda about women is narrated in detail by M P Veerendra kumar in an article in Mathrubhumi Weekly dated Feb 19-25, 2017.

02.29. The lives of women have changed dramatically around the world over the past quarter century, at a pace and scope difficult to imagine. Women have made unprecedented gains in rights, education, health, and access to jobs and livelihoods. Today, more girls and women are literate than ever before, and in a third of the developing countries, there are more girls in schools than boys .More young woman than men attend universities in 60 countries. Women are using their education to participate more in the labor force: they now make up for 40 percent of the global labor force and 43 percent of the farmers. Moreover, women live longer than men in every region of the world. All these may be taken as the indicators of GENDER EQUALITY .

02.30. Women’s independence or Gender Equality across the Globe can be achieved by independent, united and strong women’s civil liberties movements and their collective action to advance women’s rights. Though Global Feminist movements date back to 1920s, Kerala Feminism is a century further older. NANGELI can be called the 1st feminist the modern world had ever seen. Nangeli lived in Cherthala, 40 Kms away from Kochi. During her period, women were not permitted to dress up and cover their breasts. They even have to pay a tax for retaining their breats and it was termed as a charity of the king. Nangeli, believed that the breast tax is a threat to the pride of women. So she chopped her both breasts by herself, threw it before the rulers and killed herself as a mark of freedom of the women. An article about this incident appeared in “Madyamom” weekly dated 15th May 2017 . The tragedy is that most of the modern Feminists and Women leaders do not know that they had highly revered feminists leaders like Nangeli and the modern feminists are not aware of their rights. Many of the recent women’s agitations lack credibility as they are not for real women issues, but politically motivated sensational issues.

02.31. The Arab Spring provides inspiring examples of the active participation of women in demanding civil liberties and challenging not only the authoritarian governments but also the way women’s issues were addressed in national policy making. Non-institutional advocacy for women’s rights during the Arab Spring revolutions came in the form of street protests and cyber activism (Khalil, 2014:131). Following the revolutions, women’s activists in the Middle East and North Africa (MENA) continue to push for their rights.

02.32. As with other protesters, women often paid a high price for taking part in the Arab Spring. There were several reports of gender-based violence, including sexual violence, both during the protests and when arrested (Moghadam, 2014:138:CARE,2013:7:FIDH,2012:18,27) . Egyptian women commemorating International 24

Women’s Day in Tahir Square in 2011 were assaulted by observers and protestors (BRIDGE, 2013b:78).

02.33. Cyber Activism – the use of information and communications technology in collective action – during the Arab Spring was very important and a crucial factor for combating sexual harassment and gender based violence in MENA. Blogs and images disseminated over the Web greatly increased the international visibility of the events. Initially, cyber activism served to disseminate photos and videos of police violence during the protests. After the Arab Spring it was used to promote gender equality. Through these tools, a new generation of activists has succeeded in bringing a taboo topic into debate within homes, on radio stations and television shows, and at public gatherings.

02.34. As changes in the labor market for women came about, availability of employment changed from only “dirty”, long hour factory jobs to “cleaner”, more respectable office jobs where more education was demanded. The women participation in the US labor force rose from 6% in 1900 to 23% in 1923. These shifts in the labor force led to changes in the attitudes of women at work, allowing for the revolution which resulted in women becoming career and education oriented.

02.35. In the 1970s, many female academics, including scientists, avoided having children. However, throughout the 1980s, institutions tried to equalize conditions for men and women in the workplace. However, the inequalities at home stumped women’s opportunities to succeed like man. Professional women are still responsible for domestic labor and child care. As people would say, they have a “double burden” which does not allow them the time and energy to succeed in their career. Until the 20th century, US women’s colleges required their women faculty members to remain single, on the grounds that a woman could not carry on to full time professions at a time. In his article named “Has Feminism Changed Science?- Science and Private Life”, Schiebinger, Londa commented that “ Being a scientist and a wife and a mother is a burden in society that expects women more often than men to put family ahead of career”. A recent version of this attitude is reported in Malayala Manorama daily dated 16.10.2014 in which - Apple and Whatsap - two multinational IT giants – recommended young women to postpone pregnancy and mother ship for better advancement in career.

02.36. Smt Brinda Karat, CPI(M) Polit bureau member in an interview with the Sunday Special of Malayala Manorama had stated that her decision to not to have children was made upon the influence of Com P Sundaraiah who advised that child rearing and party work will not go hand in hand. Brinda further comments that CPI (M) also is a man controlled or men prominent political party and women may find it difficult to move up the hierarchy

02.37.Although a greater number of women are seeking higher education, salaries are often less than those of men. It is reported that in the United States in 2005 women university degree holders who are aged 30 to 44 gets only 62 percent of what similarly qualified men get. In Germany, New Zealand, Switzerland etc there is greater inequality in pay. 25

02.38. Clothing, fashion and dress codes of women vary from country to country. Women in different parts of the world dress in different ways, with their choice of clothing being influenced by local culture, religious tenets, traditions, social norms, and fashion trends, amongst other factors. Different societies have different ideas about modesty. However, in many jurisdictions, women’s choices in regard to dress are not always free, with laws limiting what they may or may not wear. This is especially the case in regard to Islamic dress. While certain jurisdictions legally mandate such clothing ( the wearing of the headscarf), other countries forbid or restrict the wearing of certain hijab attire ( such as burqa/covering the face) in public places ( one such country is France where face covering is banned).

02.39. The Total Fertility Rate (TFR) - average number of children born to women over her lifetime- differs significantly between different regions of the world. In 2016, the highest estimated TFR was in Niger at 6.62 children per women and the lowest was in Singapore at 0.82 children per women. While most Sub-Saharan African countries have high TFR, most Western countries currently experience a sub replacement fertility rate leading to population ageing and population decline

02.40. Family structure had changed in many parts of the world. There is a change in the concept of family, wedding, child rearing etc. There has been a trend to move from marital fertility to non-marital fertility. Children born outside marriage may be born to “cohabiting couples” or to single women. Child Births and child care outside marriage are common and fully accepted in many parts of the world including the US. But in other parts of the world, they are highly stigmatized, with unmarried mothers facing ostracism and violence from family members. Sex outside marriage remains illegal in many countries like Saudi Arabia, Pakistan, Afghanistan, Iran, Kuwait, Maldives, Morocco, Oman, Mauritania, UAE, Sudan, Yemen etc.

02.41. Particular religious doctrines have specific stipulations relating to gender roles, social and private interaction between sexes, and appropriate dressing attire for women, and various other issues affecting women and their position in society. In many countries across the globe, these religious teachings influence the criminal law, or the family law of those jurisdictions like Sharia Law .

02.42. World literacy is lower for females than for males. According to a recent estimate from 2010, only 80% of the women are literate compared to 88.6% of men aged 15 and above. Literacy rates are lowest in South and West Asia, and in parts of Sub-Saharan Africa.

02.43. The Educational Gender Gap has been reduced across the world over the last 30 years. While women account for more than half of university graduates in several OECD countries, they receive only 30% of tertiary degrees granted in science and engineering fields, and women account for only 25% to 35% of researchers in most OECD countries. There is a common misconception that women have still not advanced in achieving academic degrees. Margaret Rossiter who is a historian of science comments that 54% of all the bachelor’s degrees in the United States is by Women. But as the level of education increases, more men tend to fit the statistics instead of women. 26

02.44. The single sex education system in schools and colleges and the religious education in that line and the division of education along gender lines as well as religious teachings on single sex education have been traditionally dominant and are still highly relevant and is creating a big divide between genders at early ages. This purposeful divide made by orthodox groups between boys and girls at the early ages develops later into watertight men and women compartments where the eagerness to know what is happening at the other side prompts boys and girls to search for mysteries which ends up in downloading pornography and other things which are freely available as downloads in this modern age of IT.

02.45. Although fewer females than men are born (the ratio is around 1:1.05), because of longer life expectancy there are only 81 men aged 60 or over for every 100 women of the same age. Women typically have a longer life expectancy than men. (Source: scientific American2004-08-30). This is due to the combination of various factors: genetics (redundant and varied genes present on sex chromosomes in women); sociology (such as the fact that women are not expected in most modern nations to perform military services); health-impacting choices (such as suicide or the use of cigarettes, and alcohol); the presence of the female hormone estrogen, which has a cardio protective effect in the premenopausal women; and the effect of high levels of androgens in men. Out of the total human population in 2015, there were 101.8 men for every 100 women.

02.46. The term “Violence against women” emerged in the global arena in the 1970s, but it took more than two decades for the Declaration on the Elimination of Violence against Women, the first international statement in this area, to become a reality in 1993. Violence against women remains a widespread problem, fueled, especially outside the West, by patriarchal social values, lack of adequate laws, and lack of enforcement of laws. Social norms that exist in many parts of the world hinder progress towards protecting women from violence. For example, according to surveys by UNICEF, the percentage of women aged 15-49 who think that a husband is justified in hitting or beating his wife under certain circumstances is as high as 90% in Afghanistan and Jordan, 87% in Mali, 86% in Guinea and Timor-Leste, 81% in Laos, and 80% in Central African Republic. A 2010 survey conducted by the Pew Research Center found that stoning as a punishment for adultery was supported by 82% of the respondents in Egypt and Pakistan, 70% in Jordan, 56% in Nigeria, and 42% in Indonesia. Certain forms of violence against women have been recognized as criminal offences only during the recent decade and are not universally prohibited and many countries allow such violence. This is especially the case with marital rape. In the Western World , there has been a trend towards ensuring gender equality within marriage and prosecuting domestic violence, but in many parts of the world women still lose significant legal rights when entering a marriage.

02.47. The UN Declaration on the Elimination of Violence against Women 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 threat of such acts, coercion or arbitrary deprivation of liberty, whether occurring in public or in private life”. The UN identifies three forms of such violence: that which occurs “in the family”, that which occurs “within the general community” and that which is perpetrated or condoned “by the State”. 27

It also states that “Violence against women is a manifestation of historically unequal power relations between men and women”

02.48. Though Kerala claims to be a socially developed and highly civilized society, the fact is that Kerala is a highly orthodox society as far as Women’s rights and freedom are concerned. The exponential growth of the News channels, social media and other ICT medium made media exposure of gender issues especially violence against women as an opportunity to increase viewership and rating and the violence against women reporting has become a sex appeal story transmission.

02.49. But the fact is that violence against women – more particularly sexual harassment – is increasing at alarming rates, in Kerala. There are so many reasons for this abnormality which was explained in detail in Chapter 1, and this abnormality can be corrected only by changing the mindset of the people by imparting proper education on sex gender equality. For that a detailed study of man and women is a must.

02.50. The Gender Discrimination in Kerala and the abuse and violence against women had been a core issue for the last 15 years. It started with “Suryanelly case”, followed by “Kaviyoor case” , afterwards with “Solar Case” and the latest episode is the “violence against a film actress” and the subsequent arrest and release of Dileep the film actor in Kerala . Use of sex as a weapon to extract financial and political patronage/power has become the core issue in the Solar Scam after the release of the Judicial Commission report. Sex Celebrities are becoming the centre of media attraction. The Real Gender Discrimination and the violence against poor women had taken a back seat. The ever increasing divorce petitions, constant attack on women in public places and public utility services, fear of girls to walk alone on the roads, fear of the parents to send their girl children by walking to schools etc are some of the real women issues. The latest comment of the veteran Women leader and who is the senior most women MLA from Kerala Smt K R Gowriamma that “the fate of the women in Kerala will be known to the Chief Minister if he walks in the main road wearing a saree” indicates the state of affairs. The silence of the women organizations, women in key positions and feminist groups in Kerala in not taking up the real women issues is a highly disturbing factor. It will be worthwhile to go through the global history of women empowerment and feminism for further analysis.

02.51. The number of women’s international nongovernmental organization (WINGOs) has swelled, with more than 300 new groups founded each year around the world. Same is the case of India and Kerala.

02.52. In spite of all the global and sub nation level women development initiatives, the Kerala Women is still living with maximum gender inequality. When feminism is passing through the 3rd phase globally, it is still in the 1st phase in Kerala. Though Kudumbasree has been evolved and implemented as women liberating institutions, its real impact can be understood if we undertake a real survey among the households and among women itself. “Chintha” weekly ( of CPI(M)) dated 14.07.2017 carried a book review in which the women movements in Kerala is critically assessed. 28

02.53. There are thousands of women organizations in Kerala promoted by various political parties, social and cultural organizations and religious institutions. They are vying each other for identifying and taking up women issues. The agitation organized, led and won by the unorganized girl students in the Law Academy at Thiruvananthapuram against anti girl and anti women practices during January/February 2017 highlights the state of affairs of the major mainline women movements in Kerala including the students movements. Three articles/news analysis on the agitation made by Malayalam weekly dated 20 Feb 2017, Mathrubhumi weekly dated Feb 26- March 4, 2017 and Madhyamam weekly highlight the fact that there is no need for a formal women organization to take up women issues even against political heavy weights.

02.54. It is a fact that most of the privileges’ or special rights provided to women are implemented with the active support of men. Men and Women have to coexist to create a happy world. But some women are of the view that women can liberate themselves by their sheer unity and power. Some feel that feminism is possible only through women. In a recently held literature festival at Tirur organized by “Madyamam” weekly, film actor Smt Manju Warrier and dubbing artist Smt Bhagyalakshmi commented that “Safety of women is not a charity of Men”. Even the famous Malayalam poet Smt Sugathakumari also comments in Desabhimani daily dt 18 July 2017 that “Women is the only security for women”.

02.55. There are several global surveys, indexes and reports on Women, Gender, Happiness etc. Most of these reports/indexes are discussed in detail in this report . These global indexes provide many indicators/yardsticks which can be used to assess/measure the present position of women anywhere is the world. As of now there are no serious surveys on Women in Kerala. During 2006, Kerala Sathra Sahithya Parishat – an NGO – had conducted a study on Kerala named “Kerala Padanam” where one chapter in that study is earmarked for Women in Kerala ( Chapter 10) named “Sthreekalude Avastha” . The need of the hour is a detailed survey on Women, Family , Social Security and Happiness for Women in Kerala.

02.56. There is an urgent need to have a detailed survey on women in Kerala which can be undertaken by Kudumbasree – the largest women organization in Kerala. The various parameters used for women survey across the world should be included in this survey. Even the contents of the survey questionnaire should be widely debated and public opinion should be called for to include more and more questions/items in the survey. Even an online questionnaire should also be developed as is done for the Happiness Index Survey in Bhutan. The Women’s Commission , the new Missions formulated by the LDF Govt and various Feminist groups should be involved at the Survey formulation stage itself so that all the relevant parameters/indicators can be included in the Survey .

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Chapter 03 Gender Equality

03.01. GENDER EQUALITY has now become an order of the society. Gender refers to the social, behavioral, and cultural attributes, expectations, and norms associated with being a woman or a man. Gender Equality refers to how these aspects determine how women and men relate to each other and to the resulting differences in power between them. Men and Woman as well as researchers across the world had identified three key dimensions of gender equality: the accumulation of ENDOWMENTS (education, health and physical assets); the use of those endowments to take up ECONOMIC OPPORTUNITIES and GENERATE INCOMES; and the application of those endowments to TAKE ACTIONS, or AGENCY, affecting individual and household well-being. Though Gender Inequality (GI) is both similar to and different from inequality based on other attributes such as 31

race or ethnicity, analysis of gender inequality is very difficult. The issue raises the question whether gender equality should be measured as equality of outcomes or equality of opportunity. Preferences, needs, and constraints differ systematically between men and women, reflecting both biological factors and “learned” social behaviors. While it may be difficult to define whether gender equality is about outcomes or opportunities, all will agree that “GROSS MANIFESTATIONS OF GENDER INEQUALITY” and OUTRAGEOUSLY UNJUST ARRANGEMENTS” should be eliminated.

03.02. GENDER EQUALITY matters for everyone – not only women- because the ability to live the life of one’s own choosing and be spared from absolute deprivation is a basic human right and should be equal for everyone, independent of whether one is male or female. According to Amartya Sen, development is a process of expanding freedom equally for all people. But the fact is that Women have less freedom to make a choice.

03.03. Women’s empowerment and gender equality are development objectives in their own right, as embodied in Millennium Development Goals 3 and 5. The 2010 Millennium Development Goals (MDG) summit concluded with the adoption of a global action plan to achieve the eight goals by 2105. The Summit also adopted a resolution calling for action to ensure gender parity in education and health, economic opportunities, and decision making through gender mainstreaming in development policy making. The resolution and the action plan reflect a belief of the international development community that gender equality and women’s empowerment are development objectives in their own right (MDG 3 and 5), as well as serving as critical channels for achieving the other MDGs and reducing income and non-income poverty. Gender equality and women’s empowerment help to promote universal primary education(MDG 2) , reduce under-five mortality (MDG 4), improve maternal health (MDG 5), and reducing the likelihood of contracting HIV/AIDS (MDG 6).

03.04. Women and men from all age groups, incomes, and locations see education, the ownership of assets, access to economic opportunities, and opportunity to earn an income as the keys to improving their well-being and that of their families. In 500 focus groups across the world , researchers identified women’ and men’s roles and responsibilities in private and public spheres – with women’s tasks being largely associated with family care and home production, and men’s with income generation and decision making. But differences across generations clearly show that these roles are being redefined in a world that offers new opportunities and demands for both men and women. Male- female differences in responsibility for house and care work is one area where gender inequality persists even today even among the richest countries.

03.05. Though women have entered the labor force in large numbers across the world – especially in developing countries- this increased participation has not translated into equal employment opportunities or equal earnings for men. Gender gaps in earnings and productivity persist across all forms of economic activity – in agriculture, in wage employment and in entrepreneurship. Earnings Gaps between women and men , ie female earnings relative to US $ 100 of male earnings proves the point

Table 6 - Earnings Gap between women and men 32

Country Area of Work Earnings for Women as a % of men’s salary Mexico Salaried Workers 80% Iceland Salaried Workers 69% Germany Salaried Workers 62% A R of Egypt Salaried Workers 82% Benin (Africa) Farmers 80% Nigeria Farmers 60% Malawi (Africa) Farmers 90% Ethiopia Entrepreneurs 34% Georgia Salaried Workers 60% India Salaried Workers 64% Bangladesh Entrepreneurs 12% Sri Lanka Entrepreneurs 50% Source: LABORSTA, International Labour Organization , Costa and Rijkers2011

03.06. Women and men tend to work in very different parts of the “economic space”, women concentrating more on family and house and men concentrating on jobs to earn a livelihood. Because of housework and care, women get engaged in low productivity activities or in the informal wage sector as a labor force. Statistics on the sectors of the economy where male and female work also indicates the gender difference.

Table 7 - Women and Men work in different sectors Female Employees Sector Male Employees 31% Communication Services 16% 21% Retail, Hotel, Restaurants 17% 13% Manufacturing 12% 4% Finance and Business 4% 0.5% Electricity, Gas Water 1% 0.5% Mining 2% 2% Transport Communications 7% 27% Agriculture Hunting etc 29% 1% Construction 11% 100% ALL 100% SECTORS/OCCUPATIONS Source: International Labor Organization 2010

03.07. Women, Child Care & House Work - Gender differences in TIME USE play the most important role in constraining women’s opportunities. The differing amounts of time that men and women allocate to care and related household work are one factor driving segregation and the consequent earnings gaps. In most countries, irrespective of income, women bear a disproportionate responsibility for housework and care, while men are responsible mostly for market work. When all activities are added up, women typically work more hours than men, with consequences for their leisure and well-being. Any everywhere they devote more time each day to 33 care and housework than their male partners: differences range from one to three hours more for housework, two to ten times the time for care ( of children, elderly, and the sick), and one to four hours less for market activities. Even as women take up a bigger share of market work, they remain largely responsible for care and housework. And these patterns are only accentuated after marriage and childbearing

Table 8 - Time utilized in a day of 12 hours Nation Market Activities Housework Child Care Women Men Women Men Women Men Pakistan 0.6 4.7 5.5 2.5 1.2 0.2 Cambodia 2.7 3.8 4.4 3.3 0.9 0.1 South Africa 2.1 3.8 4.2 1.8 0.5 0.0 Bulgaria 2.9 3.9 4.7 2.6 0.4 0.1 Sweden 3.2 4.6 3.2 2.3 0.6 0.3 Italy 2.1 4.8 4.9 1.4 0.6 0.2 Source: Berniell and Sanchez-Paramo 2011

03.08. But the general perception about women is still orthodox and anti women. “Woman need more free time, woman are more tired than men…….They take care of the house, of the children. While men, they are the entire day at work and don’t have to take care of the house. And if the woman has a job also, then she gets even more tired” (comments an adult woman from Moldova) “These days, for a woman to be rated as a ‘good wife’ one has to be a superwoman, working very hard both at home and in the office, fulfilling every demand of your family members as if we don’t have any right to enjoy” (Comments an adult woman from Bhutan, the country which originated the HAPPINESS INDEX for the world ) as appeared in Page No 80 of the World Development Report 2012 titled “GENDER EQUALITY & DEVELOPMENT”

03.09. Across the globe, irrespective of religion, caste or creed people have some expectations about women especially in their role as a wife. “What is a good wife? What is a good husband?”. In both urban and rural settings around the world, in both poor and rich countries/communities, the social norms for what makes a good wife are remarkably similar. Above all, the good wife adeptly handles her domestic responsibilities and is caring and understanding towards others. Good wives are “able to manage the home” , said a women in Papua New Guinea. “They have to cook well” stated another one in Poland. In Gaza, a good wife “spends most of her time in housework and also the education of the children”. Whether a woman works outside the home and whether she is educated are rarely mentioned. Even where women often work outside their homes , the norms surrounding a good wife remained similar. In Orissa a group of woman explained that a good wife “wakes up early in the morning , does all household chores, takes care of the children and elderly, goes for wage work inside the village if there is an opportunity, and collects forest products for sale in the market to contribute to household income”. Similarly, in Bhutan, a village woman said, “Even if a woman and man work on the farm at the same time, once back in the house, the woman is expected to cook, wash the clothes, tend to animals, and look after the children”. 34

03.10. Being a good wife also systematically involves respecting one’s husband- being faithful, supportive, respectful, and submissive. In South Africa, the good wife “respects her husband and cooks for him”. In Peru, wives must have a “good character, love their husband, help their husband, and be a homemaker” In Afghanistan, “ a good wife is busy at home with tasks and looks after her children at home and does not have other tasks”.

03.11. When comparing the good wife of today to those in previous generations, many women observe positive changes. They regard their mothers as selfless and hard-working homemakers, as well as more subservient and dependent on their husbands than the good wives of today. According to a woman in Poland, in her mother’s time, “the perception of women was different, she was a maid. But luckily it has changed. Nowadays, a woman thinks of the others, and of her family, but she doesn’t forget about her own needs”. The ability to earn an income has also appeared toward the top of the list of qualities of good wives.

Chapter 04 Women Empowerment

04.01. The word ‘Empowerment’ as defined in the Random House Dictionary, comes from the term empower which means to ‘give power or authority’ and ‘to enable and permit’. In today’s world, such terms mean challenging the existing notions of inequality and power relations and questioning the various subjugation and subordination of the women flock. Women’s circumstances in the 18th century were very different than they are today. In 1789, the French Revolution asserted that men are “ born and remain free and equal in rights” universally, but the “Declaration of the Rights of Man and of the Citizen” did not 35

include women , and a year later, the National Assembly chose not to extend civil and political rights to women. The legal system in the British Colonies, based on English Common Law, also deprived the woman any freedom. Sir William Blackstone summarized in his Commentaries on the Laws of England in 1765: By marriage, the husband and wife are one person in law: that is, the very being or legal existence of the woman is suspended during the marriage, or at least in incorporated and consolidated into that of the husband; under whose wing, protection, and cover, she performs everything; and is therefore called in our law- french a femme-couvert. For this reason, a man cannot grant anything to his wife, or enter into covenant with her; for the grant would be to suppose her separate existence

04.02. In 1857 only the British Parliament passed the Matrimonial Causes Act, allowing married woman to inherit property and to take court action on their own behalf. In 1882, under the Married Woman’s Property Act, woman was given the right to buy, own and sell property in their manes and recognized the husband and wife as two separate legal entities. Woman over 21 years old was given voting rights in USA during 1920 and the earlier attempts were voted down.

04.03. In the United States, until the passage of Title VII of the Civil Rights Act of 1964, woman could legally be passed over for promotions in the workplace. Married women needed the consent of their husbands to obtain a loan. And married rape was not recognized as a criminal act. Until the 1980s, female flight attendants were required to be single (unmarried) when they were hired and could be fired if they married.

04.04. In Germany in the early 1950s, women could be dismissed from the civil service when they married. And through 1977, they officially needed their husbands’ permission to work. Until reunification with East Germany in 1990, children of single mothers were assigned a legal guardian.

04.05. Japan’s Equal Employment Opportunity Act of 1985 obliged employers merely to endeavor to treat men and women equally during job recruitment, assignment, and promotion. The mandate for equal treatment came about in 1997. The first domestic violence law was passed in 2001.

04.06. The Inter-American Commission of Women, established in 1928 as an official forum for debating and formulating gender equality policies in the Americans, was the first intergovernmental agency to ensure recognition of the human rights of women.

04.07. The Convention on the Elimination of All Forms of Discrimination against women ( CEDAW ) adopted by the United Nations (UN) General Assembly in 1979, established a comprehensive framework for the advancement of women which has been ratified by 187 countries. CEDAW is the most widely supported international human rights treaty and the primary international vehicle for monitoring and advancing gender equality. Defining what constitutes discrimination 36

against women and setting an agenda for national action, CEDAW is particularly concerned with civil rights, the legal status of women, reproductive roles and rights, and the impact of cultural factors on gender relations and on barriers to the advancement of women.

04.08. Despite being known in the 1980s as the “Cinderella Treaty” CEDAW has promoted legislative and administrative actions in various countries like Turkey for creating the “Family Protection Act” in 1998 to control domestic violence, the Australia’s “Sex Discrimination Act” of 1984 which prohibit discrimination in public life on the basis of sex, marital status, pregnancy, or potential pregnancy.

04.09. In 2003, the African Union adopted the Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Women in Africa. Known as the “MAPUTO PROTOCOL”, it asserts women’s rights to take part in the political process, to enjoy social and political equality with men, and to control their reproductive health. Article 5 refers to the “elimination of harmful practices” including polygamous marriage and female genital cutting.

04.10. Under the auspices of the Organization of American States, all Latin American countries signed in 1994 the “Belem Do Para Inter-American Convention on the Prevention, Punishment and eradication of Violence against Women” based on which 28 countries have enacted laws with sanctions against domestic abuse.

04.11. All the above actions and movements reflect the rising global consensus on equal rights for men and women

04.12. Women’s empowerment and gender equality are development objectives in their own right , as embodied in Millennium Development Goals (MDG) 3 and 5 .

04.13. In 2005, the Kenyan Court of Appeal held that there was no reasonable basis for drawing a distinction between sons and daughters in determining inheritance. In 2001, the Tanzanian High Court held that a widow is entitled to administer the estate on behalf of her children. In both cases, principles of equality and nondiscrimination prevailed.

04.14. A notable transformation has taken place around the world with impressive gains in women’s rights, educational attainment, health outcomes, and labor force participation. Improvements in one area (higher education) can drive changes in other areas (such as low fertility and higher labor force participation). Similarly, better labor opportunities can in turn induce more investments in education and in women’s health for the next generation, while equal rights can underpin progress on all fronts.

04.15. In a world where women care about different things from men (and women do appear to care for children more than men do), it may be that when women have more voice, they can drive institutional investments in a way that favors children. So, when women have more rights in the political arena, nature of the public investments changed automatically. In the United States, women won voting rights state by state over the 19th century until they were federally mandated by constitutional amendment in 1920. Public health spending increased dramatically as women won the right to vote. The Sheppard- Towner Maternity and Infancy Protection Act of 1921 provided federal funding for maternity and child care. According 37

to one observer “Indeed, fears of being punished at the polls by American women, not conviction of bill’s necessity, seems to have motivated Congress to vote for it. As one senator admitted to a reporter from the Ladies Home Journal, if the members of Congress could have voted on the measure in their clock rooms, it would have been killed as emphatically as it was finally passed out in the open”. Thisraises the issue of women empowerment in Kerala and India where women even now are the obedient supporters of men dominated politics. In Kerala where women outnumber men, even now women are hijacked by male dominated political, religious and social organizations. Strictly speaking Kerala Women is still dominated by men

04.16. Despite the progress, gaps remain in many areas. Women are more likely than men to work as unpaid family laborers or in the informal sector. Women are forced to operate/own smaller agricultural plots and grow less profitable crops, operate in smaller firms and less profitable sectors and generally earn less. Woman- especially poor women- have less say over decisions and less control over household resources. In most countries, fewer women participate in formal politics than men and are grossly underrepresented in the upper echelons. Women now make up over 40 percent of the global labor force. Moreover, women live longer than men in all regions of the world.

04.17. In ancient India women enjoyed a position of respect and reverence. There are evidences to suggest that women power destroyed kingdoms and mighty rulers. Elango Adigal’s Sillapathigaram mentions that Madurai – the capital of Pandyas – was burnt when Pandyan ruler Nedunchezhiyan killed a women’s husband by mistake. Veda Vyasa’s Mahabharatha tells the story of the fall of Kauravas because they humiliated Draupadi. Valmiki’s Ramayana is also about annihilation of Ravana when he abducted and tried to marry Sita forcibly. The plethora of Goddesses in ancient period was created to instill respect for women. Ardhanareshwar ( God is half-man and half-women) was highly worshipped . Women could choose their husbands through a type of marriage called Swayamwara.

04.18. Scholars believe that in ancient India, the women enjoyed equal status with men in all fields of life. Works by ancient Indian grammarians such as Patanjali and Katyayana suggest that women were educated in the early Vedic period . Rigvedic versus suggest that the women married at a mature age and were probably free to select their husband. Scriptures such as Rig Veda and Upanishads mention several women sages and seers, notably Gargi and Maitreyi. According to studies, women enjoys equal status and rights during the early Vedic period. However , later ( approximately 500 BC) the status of the women began to decline with Smritis (especially Manusmrithi) and with the Islamic invasion of Babur and the Mughal empire and later Christianity curtailing women’s freedom and rights. 38

04.19. Medieval India saw many foreign conquests, which resulted in the decline of women’s status. When foreign conquerors invaded India they brought with them their own culture. These cultures changed the mindset of the Indian people also. They began to consider girl as a misery and a burden, which has to be shielded from the eyes of the intruders and needs extra care. But a boy child do not need such extra care and instead will be helpful as an earning hand. Thus a vicious circle started in which women was at the receiving end. All this gave rise to some new evils such as Child Marriage, Sati, Jauhar and restriction on girl education.

04.20. The plight of the women in medieval India and at the starting of modern India can be summed up in the words of the great poet Rabindranath Tagore “ O Lord, Why have you not given women the right to conquer her destiny ? Why does she have to wait head bowed, by the roadside, waiting with tired patience, hoping for a miracle in the morrow?”. But there were women leaders who struggled hard to make their mark in the men’s world. Rani Lakshmi Bai of Jhansi was one such women. There have been many social reformers like Raja Ram Mohan Roy, Ishwar Chandra Vidyasagar, Swami Vivekanand, Swami Dayananda Saraswathi etc who have helped women gain their previous status in the Society. They all were Men who stood for the freedom of women .

Chapter 05 Global Gender Equality Indicators & Initiatives

05.01. Women represent one half of the global population. They must have at least equal access to health, education, earning power (jobs or business) and political representation. “Talent” and “Technology” together will determine how the “Fourth Industrial Revolution” can be harnessed to deliver sustainable economic growth and innumerable benefits to society. This needs the talent and technology of the entire population including the better half – the women. Half of the World’s talent (women talent) is not integrated so far. They are the Beneficiaries and the Shapers. If they are not integrated into the transformations underway, innovation will be comprised and we run the risk of rise in inequality. We have to initiate action to accelerate progress towards GENDER EQUALITY. In order to initiate action, one should know where they stand in Gender Inequality. 39

05.02. Twenty years ago, the Beijing Declaration and Platform for Action brought together over 17,000 participants from across the world to promote women’s empowerment and equality. The Platform for Action marked an ambitious agenda to advance women’s rights in a variety of areas, such as power and decision making, the girl child, the economy, poverty, violence, human rights and education. Every five years in the ensuing two decades, the “Commission on the Status of Women” has reviewed progress on the platform. Leading up to the Commission’s 59th session in March 2015, majority of UN member states reviewed the status of national implementation to guide the Commission in adopting a post-2015 agenda.

05.03. Positive outcomes were observed on poverty reduction, female political and economic participation and reforms conferring equal legal rights to men and women. Moreover, the gender gap in primary education has nearly closed globally. Concerns remain on the disproportionate impact of poverty on women, who are also more likely to do unpaid care and domestic work than men and are often paid less in formal employment. Discriminatory legislation, particularly in the area of family law, persists. And despite legislative advances, violence against women and girls is still a major problem in all regions. According to the UN Economic and Social Council, worldwide an estimated 35% of the women have been victims of intimate partner violence or non-partner sexual abuse. However, women also face many other forms of violence, including through early and forced marriage. The Beijing Platform continues to serve as a landmark document setting out key issues on women’s rights and reforms that have yet to be achieved.

05.04. The “Social Institutions and Gender Index” (SIGI) is a composite measure based on Gender, Institutions and Development Database produced by the Organisation for Economic Co-operation and Development (OECD). The SIGI, which scores 160 economies on discrimination in social institutions, is an unweighted average of five sub-indices: discriminatory family code, restricted physical integrity, son bias, restricted resources and assets and restricted civil liberties. The data are both quantitative and qualitative.

05.05. The “Global Gender Gap Index” (GGGI), published by World Economic Forum, examines gender inequalities in 142 economies using criteria based on economics, politics, education and health. This index uses mainly quantitative outcome variables, such as the ratio of female to male labor force participation etc

05.06. The “Women, Business and the Law (WBL) Report, published by the World Bank, highlights legal gender differences worldwide. Specifically, this report examines laws and regulations that affect women’s ability to be entrepreneurs and employees. This report provides objective, easily comparable data to inform dialogue and research about women’s economic rights and opportunities covering 173 countries and provides data on seven key areas like Accessing Institutions, Using Property, Getting a job, Providing incentives to work, Building credit, Going to Court and Protecting Women from violence.

05.07. The “United Nations Gender Inequality Index” (GII) provides a composite measure of gender disparity for 187 economies. This index identifies five indicators in three areas: reproductive health, empowerment ( as measured by educational attainment and parliamentary representation) and the labor market. The indicators are based on quantitative outcome variables. 40

05.08. The “United Nations Gender-Related Development Index” (GDI) adds a gender lens to data gathered for the UN Human Development Index in order to account for gender differences in development outcomes such as health, education and control over economic resources. The indicators are based on quantitative outcome variables and cover 187 economies.

05.09. The “World Development Report” published by the World Bank every year as its annual report/publication had earmarked the 2012 report for Gender Equality and women development. The “World Development Report 2012: Gender Equality and Development” argues that Women are more likely than men to work as unpaid family laborers or in the informal sector, to farm smaller plots and grow less profitable crops, operate in smaller firms and less profitable sectors, and generally earn less. The report found that women- especially poor women- have less say over decisions and less control over household resources. And in most countries, fewer women participate in formal politics than men and are underrepresented in the upper echelons. The Report argues that closing these persistent gender gap matters. It matters because gender equality is a core development objective in its own right. But it is also smart economics. The Report recommends that greater gender equality can enhance productivity, improve development outcomes for the next generation, and make institutions more representative.

05.10. Out of the six global reports/indexes referred above, a detailed analysis of the first 3 Index/Reports – “The Social Institutions and Gender Index”, “The Global Gender Gap Report 2016” and the “Women, Business and the Law Report 2016” are made here. These reports are discussed in detail to develop a compact Questionnaire for a Women Survey and a detailed women survey afterwards and to create a road map for Kerala to have a Gender Equal State. This is all the more important especially in the present context of violence against women, girls and children.

05.11. Kerala needs to initiate a detailed and exhaustive survey to identify the real areas where gender gap needs to be closed, areas where women needs further empowerment, new initiatives to give women an equal and if possible an upper hand in the economic, social, financial, income, employment and property ownership areas . Political, economic, financial and ownership rights need to be recast in such a way that male domination and its corollary of women’s total dependence on men need to be changed.

05.12. There is a growing concern that the new legislations and government directions empowering women with special rights are misused by powerful women and women who has social standings to settle personal enmity with men; in most cases their close relatives, associates, partners or colleges. So there is a need to recast the existing pro women legislations in such a way that its misuse is punished with severe punishment. Even the Supreme Court in a judgment had found that majority of the cases filed under women protection laws are without any reason or evidence and most of them were filed to settle personal scores with men.

05.13. Rules and regulations are directly controlled by policy makers – and they are often where policy makers start when they set out to change the incentives that govern women’s economic lives. The “KERALA WOMEN SURVEY” proposed should study the areas where gender 41

differences exist in laws, specific laws which may lend themselves to reform, how specific regulations affect women’s incentives to participate in economic activity. Besides what is already covered in the Global Reports on Women and Gender equality and similar National reports and studies, the survey and study should cover such areas as “Care Economy”, including child care, as well as rules governing part timework where women tend to be concentrated.

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Chapter 06 Social Institutions & Gender Index (SIGI)

06.01. Discrimination against women and girls carries a high development cost. There is gender based discrimination in all regions of the world and across all cultures irrespective of their level of income or development in social institutions- social norms, practices and laws. The Social Institutions and Gender Index (SIGI) prepared by OECD Development Centre captures and measures Global Gender based Discrimination. SIGI takes stock of the underlying structural barriers that deny women’s rights and their access to justice, resources and empowerment opportunities. India ranks 79th out of the 117 counties in the SIGI Ranking

06.02. Putting social institutions at the core of the policy response can open new and sustainable vistas to promote gender equality in national and international development agendas. Discriminatory social institutions have a negative domino effect on the empowerment pathways of women and girls. The social institutions covered by the SIGI fall under five 43

dimensions, spanning major socio-economic areas that affect the life course of a girl and women : discriminatory family code, restricted physical integrity, son bias, restricted resources and assets, and restricted civil liberties. Key issues like sexual reproductive health rights, decision making authority within the family, time use and unpaid care are also covered in SIGI. Capturing the gender differences in these key areas provides a clear vision of how they shape women’s lives. Gender gaps in social institutions translate into gender gaps in development outcomes such as inter alia, the labour force, levels of poverty and marginalization, education, vulnerability to violence, and public leadership positions. Following are the SIGI Indicators/variables and the 2014 SIGI results (the latest).

06.03. SIGI variables and indicators can be good tools to assess the gender equality in any or location or culture. Using the different yardsticks, variables and indicators available in similar national and international surveys/studies, a “composite women survey in Kerala” needs to be undertaken. Hence the SIGI Variables are very critical in this study

Table 9 - SIGI GENDER GAP VARIABLES Indicator Variable DISCRIMINATORY FAMILY CODE Discriminatory Family Code Index captures social institutions that limit women’s decision – making power and undervalue their status in the household and the family. These formal and informal laws, social norms and practices co-exist in different types of legal systems including civil or common law, customary law, and religious laws and cover areas such as marriage, parental authority and inheritance. Women’s decision-making powers and status determine both their ability to choose their own development pathways and the well being of their families LEGAL AGE OF MARRIAGE Legal age of marriage – Whether women and men have the same legal minimum age of marriage EARLY MARRIAGE Prevalence of early marriage – Percentage of girls aged 15-19 who are married, divorced, widowed or in informal unions PARENTAL AUTHORITY Parental authority in marriage – Whether women and men have the same right to be the legal guardian of and have custody rights over a child after divorce Parental authority in divorce - Whether women and men have the same right to be the legal guardian of a child during marriage INHERITANCE Inheritance rights of widows – Whether widows and winowers have equal inheritance rights. Inheritance rights of widows - Whether daughters and sons have equal inheritance rights 2014 SIGI Results (latest) – EARLY MARRIAGE - The number of early marriage is decreasing in developing countries ( from 36% in 2004 to 26% in 2010 in Malawi, for example ) , but the practice remains pervasive : on average in non-OECD countries 16% of the girls 15-19 years old are married, ranging from less than 1% in Lithuania to 60% in Niger. UNPAID CARE WORK – Caring responsibilities are mainly performed by women, who typically spend three times more of their time on unpaid care work than men, ranging from 1.3 times in Denmark (where women spend on average four hours and men three hours on unpaid care activities) to 10 times in Pakistan (where women spend on average five hours and men less than thirty minutes on unpaid care activities). INHERITANCE – Only 44

55 countries in the SIGI’s 160 accord women the same inheritance rights as men, both in law and in practice. RESTRICTED PHYSICAL INTEGRITY Restricted Physical Integrity Index captures social institutions that limits women’s and girl’s control over their bodies, that increase women’s vulnerability and that normalize attitudes toward gender-based violence. This includes formal and informal laws , norms and practices that fail to protect women’s physical integrity and reproductive autonomy and that allows violence and female genital mutilation. Restricted physical integrity due to gender-based violence and to a lack of reproductive autonomy has serious impacts on health outcomes for women and their children and on economic and social development indicators by increasing women’s vulnerability to poverty VIOLENCE AGAINST Laws on domestic violence - Whether the legal framework WOMEN offers women legal protection from domestic violence . Laws on rape - Whether the legal framework offers women legal protection from rape Laws on sexual harassment - Whether the legal framework offers women legal protection from Attitudes towards violence – Percentage of women who agree that a husband/partner is justified in beating his wife/ partner under certain circumstances Prevalence of violence in the lifetime – Percentage of women who have experienced physical and/or sexual violence from an intimate partner at some time in their lives FEMALE GENITAL FGM prevalence – Percentage of women who have undergone MUTILATION (FGM) any type of female genital mutilation REPRODUCTIVE Unmet needs for family planning – Percentage of married AUTONOMY women aged 15-49 with an unmet need for family planning, i.e. who do not want any more children for the next two years and who are not using contraception 2014 SIGI Results – DOMESTIC VIOLENCE – 35% of the women believe that domestic violence is justified under certain conditions, ranging from 3% in Jamaica to 92% in Guinea, and 30% of the women have been victims of gender-based violence in their lifetime , ranging from 7% in Canada to almost 80% in Angola. FEMALE GENITAL MUTILATION – In the 28 countries where female genital mutilation is a widespread practice (Egypt , Yemen and some Sub-Saharan African countries) . 47% of women and girls have been victims SON BIAS Son Bias index captures unequal intra-household investments in caring for, nurturing and allocating resources to sons and daughters reflecting the lower value given to girls. A family preference for sons over daughters can manifest itself in different ways , including higher mortality, worse health status or lower educational attainment among girls. Consequences of social norms and practices that devalue daughters are various : missing women, under- investment in the health and nutrition of girls leading to infant mortality, under-investment in girl’s education etc. MISSING WOMEN Missing Women – Shortfall in the number of women in sex ratios for ages 0-4, 5-9, 10-14, 15-64 and 65+ relative to the expected number if there were no sex selective abortions , no female infanticide or similar levels of health care and nutrition 45

FERTILITY PREFERENCES Fertility Preferences - Share of males as the last child from women currently not desiring additional children or sterilized 2014 SIGI results – MISSING WOMEN – Over 90 million women are missing around the world, 80% of these missing women are from India and the People’s Republic of China RESTRICTED RESOURCES AND ASSETS Restricted Resources and Assets Index captures discrimination in women’s rights to access and make decisions over natural and economic resources. This includes discriminatory practices which undermine women’s right to own, control or use land and non-land assets; discriminatory practices that restrict women’s access to financial services; and social norms imposing that women’s assets be mediated only by men. Insecure or weak rights to land, non- land assets and financial services reduce income generating opportunities for women, lower decision-making power for women within the household, increase food insecurity for women and their families, and make women and families more vulnerable to poverty SECURE ACCESS TO LAND Secure access to land – Whether women and men have equal and secure access to land ( use, control and ownership) SECURE ACCESS TO NON – Secure assets to non-land assets - Whether women and LAND ASSETS men have equal and secure access to non- land assets (use, control and ownership) ACCESS TO FINANCIAL Access to financial services – Whether women and men have SERVICES equal access to financial services 2014 SIGI results – SECURE ACCESS TO LAND – The laws or customary practices of 102 countries still deny women the same rights to access land as men. RESTRICTED CIVIL LIBERTIES Restricted Civil Liberties Index captures discriminatory laws and practices that restrict women’s access to public space, their political voice and their participation in all aspects of public life. This includes a lack of freedom of movement, the inability to vote or run for election, and negative attitudes towards women as public figures or as leaders. This sub index highlights the importance of women’s participation in community actions and public decision making for a range of development outcomes such as governance, health and education. ACCESS TO PUBLIC SPACE Access to Public Space – Whether women face restrictions on their freedom of movement and access to public space , such as restricted ability to choose their places of residence , visit their families and friends or to apply for a passport POLITICAL VOICE Quotas – Whether there are legal quotas to promote women’s political participation at national and sub national level Political Representation – Share of women in national parliaments. 2014 SIGI results – POLITICAL PARTICIPATION – Only one member of Parliament in five is a women ( no women in Qatar and Yemen versus 63% in Rwanda) Even with legislative quotas, women occupy less than 10% of parliamentary seats in Brazil, the Democratic Republic of the Congo, Egypt and the Republic of the Congo Source: Social Institutions & Gender Index 2014 Synthesis Report

06.04. SIGI has made regional analysis based on “Group of Countries as 1). OECD,2) Latin America and the Caribbean,3).Eastern Europe and Central Asia,4).East Asia and the Pacific,5).South Asia, 6).Sub-Saharan Africa, and 7).Middle East and North Africa. The 46 classification of the countries is based on levels of discrimination like VERY LOW, LOW, MEDIUM, HIGH and VERY HIGH.

06.05. The Top Performing Country in the SIGI is BELGIUM. Belgium presents very low levels of discrimination across all five sub-indices of the SIGI. The country guarantees women’s rights within the family, freedom from violence, access to resources, as well as civil and political rights. The minimum legal age of marriage is 18 for both sexes, and women and men have equal rights to parental authority, inheritance and divorce. Belgium has a strong and comprehensive legal framework addressing gender-based violence. Domestic violence is criminalized, and in 2010-14 a national action plan against domestic and intimate partner violence within the family extended its scope to forced marriage, violence related to honour issues and female genital mutilation.

06.06. Rape, including spousal rape, is also criminalized in Belgium. Sexual harassment legislation was reinforced in 2014 by a series of laws that cover training staff, obliging employers to act in cases of a complaint and appointing a prevention advisor. The new legislation also allows the victims to claim fixed-sum compensation. The law guarantees women’s equal land, property and economic rights. Women and men have equal rights to political voice, and electoral quotas exist at both national and sub national levels. Women’s representation in parliament has increased significantly, from 12% in 1995 to 39% in 2011. Following the May 2014 elections, women represented 39.3% of the lower house of parliament and 50% of the upper house. In 2005, Belgium launched an online network called FELINK to support women in career networking across the federal civil service. The government also provides a “TOP SKILLS SCREENING” service that offers women the possibility to simulate job interviews, evaluates their attainment of five managerial key competencies and provides personal training plans. The initiative’s success led to the launch of its fourth edition in 2012. Evanka Trump, daughter of Donald Trump ,President of United State of America, on 30.11.2017 publicly disclosed at Hyderabad that the Labour Laws in India has to be rewritten (changed) to increase women employment in India

06.07. The top performing SIGI country in the South Asia region which includes India is BHUTAN – the country of happiness index. BHUTAN’s strong performance in the region can be attributed to a solid legal framework addressing gender-based violence, as well as women’s rights within the family, in the workplace and with regard to their access to productive resources. The 2013 Domestic Violence Prevention Act established women and child protection units and provide for specific training for the police, law enforcement officials, social workers and judicial officers. The new law on domestic violence is a welcome step toward recognizing the high prevalence rate of violence against women (29% in 2012) and the high level of women’s acceptance of domestic violence (68.4% in 2010). The Penal Code criminalizes both rape and marital rape and was amended in 2011 with stronger penalties regarding gang rape of children under 12 years old. Son bias does not appear to be an issue of concern in Bhutan, despite being a key problem in the region. Women’s rights within the family are well protected in Bhutan. The law sets the legal age of marriage at 18 for both sexes, and both women and men enjoy equal 47

rights to inherit from their spouse or initiate divorce. Women’s workplace rights are also protected. The Labour and Employment Act guarantees equality of opportunity and employment for both sexes and prohibits gender discrimination with regard to wages. The Act contains provisions against sexual harassment in the workplace and entitles women to three months maternity leave paid at their normal salary. In 2007 in Bhutan 45% of the property titles in urban areas were registered to women.

06.08. Bhutan is an exception in the South Asian Countries which include Afghanistan, Bangladesh, Bhutan, India, Nepal, Pakistan and Sri Lanka. South Asia has some of the highest levels of discrimination in the family code and of son bias among all regions. Many countries are still failing to address weak or non-existent legislation on early marriage: the legal age of marriage is lower for girls than boys in most countries. 74% of women aged 15-19 were married in 2011, and 11% of the girls gave birth before the age of 15. In India, the 2006 Prohibition of Child Marriage Act has seen number of early marriage decline; however, the country still has the highest numbers in the world, and early marriage represents 47% of all marriages (WHO 2013). Son bias is prevalent across the whole region but particularly elevated in Nepal, whose percentage of boys as last child (61%) is among the highest in the World.

06.09. The 2012 high profile rape cases in India (New Delhi) put the global media spotlight on the pervasive violations of women’s freedom from violence and in particular the poor institutional mechanisms to support victims’ access to justice. Underreporting of violence is also due to high levels of acceptance by women that it is justified (eg upto 90% in Afghanistan). Victims are confronted with harassment or disinterest by the police and judiciary, the risk of social marginalization, limited access to welfare or shelters, as well as high legal costs.

06.10. The classification of the countries is based on levels of discrimination like VERY LOW, LOW, MEDIUM, HIGH and VERY HIGH.

Table 10 Discrimination based classification of countries VERY LOW LOW MEDIUM HIGH VERY HIGH Belgium Ecuador China Azerbaijan Sierra Leona France Lithuania Guatemala Armenia Liberia Slovenia Bulgaria Rwanda Ethiopia Bangladesh Spain Brazil Macedonia FYR Albania Nigeria Serbia Cambodia Jamaica U R of Tanzania Mauritania Argentina El Salvador Mozambique Cote d Ivoire Gabon Italy Costa Rica Zibbabwe Timor Leste Syrian A R Cuba Latvia Tajikstan Iraq D R of Congo Trinidad&Tobago Bolivia Piu. St. Lao PDR INDIA (79) Egypt Czech Republic Paraguay Haiti Benin Niger Bosnia South Africa Uzbekistan Cameroon Zambia Belarus Maldova Rep Of Indonesia Burkina Faso Somalia Mangolia Romania Nicaragua Lebanon Chad Dominican Republic Ukraine Kyrgyzstan Myanmar Mali Panama Peru Burundi Ghana Gambia Venezuela B R Columbia Angola Pakistan Sudan 16 Lesotho Philippines Jordan Yemen Madagascar Togo Guinea 17 Turkey Viet Nam Nepal NOT RANKED Morocco Sri Lanka Central African Rep Algeria 48

Thailand Senegal 20 Australia Honduras Tunisia Austria Bhutan Republic Congo Baharin Namibia Georgia Botswana Kazakhstan Malawi Canada 25 G Bissau Chile Swaziland Croatia Kenya Cyprus Uganda Denmark 29 10 16+25+29+20+17+10 117 VERY LOW is the best indicator and HIGH LEVELS are the worst indicator

06.11. A lot of lessons can be learned from the success stories of the countries which has the LOWEST levels of discrimination in the SIGI .

Chapter 07 GLOBAL GENDER GAP Report

07.01. Through the GLOBAL GENDER GAP Report, the World Economic Forum quantifies the magnitude of gender based disparities and tracks their progress over time. No single measure can capture the complete situation. But measuring the relative gaps between men and women across four key areas: health, education, economy and politics can explain the current situation and suggest positive correction methods. The INDEX developed by the WEF was to address the need for a consistent and comprehensive measure for gender equality that can track a country’s progress over time. More than a decade of data has revealed that progress is still too slow for realizing the full potential of one half of humanity within our lifetimes. India ranks 87 out of 142 countries

07.02. The Global Gender Gap Index examines the gap between men and women in four fundamental categories (sub indexes) : Economic 49

Participation and Opportunity, Educational attainment, Health and Survival and Political Empowerment. There are 14 different indicators that compose the sub indexes.

07.03. Economic Participation and opportunity sub index contains three concepts: the participation gap, the remuneration gap and the advancement gap. The participation gap is captured using the difference between women and men in labour force participation rates. The remuneration gap is captured through a hard data indicator – ratio of estimated female-to-male earned income and a wage equality indicator for similar work. Finally, the gap between the advancement of women and men is captured through data statists on women officials, legislators etc.

07.04. Educational Attainment sub index captures the gap between women’s and men’s current access to education through ratios of women to men in primary, secondary and tertiary level education. A longer-term view of the country’s ability to educate women and men in equal numbers is captured through the ratio of the female literacy rate to the male literacy rate.

07.05. Health and Survival Sub index provides an overview of the differences between women’s and men’s health through the use of two indicators. The first is the sex ratio at birth, which aims specifically to capture the phenomenon of “missing women” prevalent in many countries with a strong son preference. Second, WEF use the gap between women’s and men’s healthy life expectancy. This measure provides an estimate of the number of years that women and men can expect to live in good health by taking into account the years lost to violence, disease, malnutrition or other relevant factors.

07.06. Political Empowerment sub index measures the gap between men and women at the highest level of political decision-making through the ratio of women to men in minister- level positions and the ratio of women to men in parliamentary positions. In addition, WEF include the ratio of women to men in terms of years in executive office (Prime Minister or President) for the last 50 years. A clear drawback in this category is the absence of any indicators capturing differences between the participation of women and men at local levels of government.

07.07. The Structure of the Report with its sub variables are as under

Table 11 Country Score Card and selected Contextual Data Country Score Card A Economic Participation and opportunity 01 Labour force participation 02 Wage equality for similar work (survey) 03 Estimated earned income (US$,PPP) 04 Legislators, senior officials, and managers 05 Professionals and technical workers B Educational Attainment 06 Literacy rate 07 Enrolment in primary education 08 Enrolment in secondary education 09 Enrolment in tertiary education 50

C Health and Survival 10 Sex ratio at birth 11 Healthy life expectancy D Political Empowerment 12 Women in Parliament 13 Women in ministerial positions 14 Years with female head of State during the last 50 years

Selected Contextual Data A Workplace Participation 01 Law mandates non-discrimination in hiring women O2 Youth not in employment or education 03 Unemployed adults 04 Discouraged job seekers 05 Workers in informal employment 06 Labour force participation among those with advanced degrees 07 Workers employed – Part time 08 Contributing family workers 09 Own-account workers 10 Work, minutes per day 11 Proportion of unpaid work per day B Economic Leadership 12 Law mandates equal pay 13 Ability of women to rise to positions of leadership 14 Boards of publicly traded companies 15 Firms whose ownership include women 16 Firms whose top management include women 17 R& D personnel C Access to assets 18 Individuals with an account at a financial institution 19 Women’s access to financial services 20 Inheritance rights for daughters 21 Women’s access to land use, control and ownership 22 Women’s access to non land use and control and ownership D Access to technology 23 Individuals using the internet 24 Individuals using a mobile phone E Political Leadership 25 Year women received right to vote 26 Years since any women received voting rights 27 Number of female heads of state to date 28 Quota for women in candidate lists in national elections 29 Quota for women in candidate lists in local elections 30 Voluntary political party quotas 31 Seats held in upper house F Family 32 Average length of single life(years) 33 Proportion married by age 25 34 Mean age of women at birth of their first child 35 Average number of children per woman 36 Women with unmet demand for family planning 37 Potential support ration 51

38 Total dependency ratio 39 Parity of parental rights in marriage 40 Parity of parental rights after divorce G Care 41 Length of parental leave (days) 42 Length of maternity/paternity leave (days) 43 Wages paid during maternity/paternity leave 44 Provider of parental leave benefits 45 Provider of maternity/paternity leave benefits 46 Government supports or provides child care 47 Government provide child allowance to parents H Education and skills 48 Out-of-school children of primary school age 49 Primary education attainments in adults 50 Out-of-school youth of upper secondary school age 51 Secondary education attainments in adults 52 Tertiary education attainment in adults 53 PhD graduates 54 STEM graduates 55 Skill diversity I Health 56 Malnutrition of children under age 5 57 Cardiovascular disease 58 Cancer 59 Diabetes 60 Chronic respiratory disease 61 HIV/AIDS 62 Suicide 63 Maternal Mortality Ratio (per 1,00,000 births) 64 Existence of legislation on domestic violence 65 Prevalence of gender violence in lifetime 66 Law permits abortion to preserve a woman’s physical health 67 Births attended by skilled health personnel 68 Antenatal care coverage, at least four visits

07.08. Totally 144 countries participated in the latest Global Gender Gap Report 2016 and 142 countries were considered in the Index. To be included in the Report, a country must have data available for a minimum of 12 indicators out of the 14 that make up the Index .Following is the global snapshot of the gender gap in the four sub indexes.

Table 12 Global Performance 2016 Overall Index 68% Economic Participation and Opportunity Sub index 59% Educational Attainment Sub index 95% Health and Survival Sub index 96% Political Participation sub index 23% Source: The Global Gender Gap Report 2016

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07.09. The Global Snapshot of the Gender Gap shows that 96% of the gap in health outcomes between women and men has been closed. 95% of the gap in educational attainment is closed. But only 59% of the gap had been closed in the area of Economic Participation. The highest gap is in Political participation where only 23% of the gap is closed.

Table 13 - INDIAN Performance in the Global Gender Gap 2016 & The Global Gap Attainment as a percentage of the gap closed Overall Ranking 87/142 68% Economic Participation 136/142 59% and Opportunity Subindex Educational Attainment 113/142 95% Subindex Health and Survival 142/142 96% Subindex Political Participation 9/142 23% subindex Source: The Global Gender Gap Report 2016

07.10. There is a big paradox in the India figures. When the Global Gap is the highest in Political Participation (77% gap), India stands No9 out of the 142 countries in the Political Participation area. Where there is only 4% gap to be filled in Health and Survival area, India stands last in the rank 142th out of 142.

07.11. Out of the Top Ten of the Global Gender Gap Index, smaller European countries – particularly the Nordics countries- occupied the top four positions, with two countries from East Asia and the Pacific region, one country each from the Sub-Saharan Africa region, Latin Amercia and the Caribbean region got represented. The top ten countries are Iceland, Finland, Norway, Sweden, Rwanda, Ireland, Philippines, Slovenia, New Zealand and Nicaragua.

07.12. A Snapshot of the position of India under the Global Gender Gap Index is as under. The Table indicates that “Political Empowerment” alone cannot reduce the Gender Gap Difference. A detailed analysis of the situation only can throw light on the real issues.

Table 14- Ranking in Gender Gap Index , India and other countries Countries Global Economic Educational Health & Political Index Participation Attainment Survival Empowerment RANK & Opportunity Neighbours INDIA 87 136 113 142 9 53

Bhutan 121 99 121 125 132 Nepal 110 115 123 92 68 China 99 81 99 144 74 Bangldesh 72 135 114 93 7 Srilanka 100 124 82 1 57 Pakistan 143 143 135 124 90 USA 45 26 1 62 73 Russian Federation 75 41 45 40 129 Best ten countries Ice land 01 09 01 104 01 Finland 02 16 01 01 02 Norway 03 07 28 68 03 Swedan 04 11 36 69 06 Rwanda 05 08 110 89 08 Ireland 06 49 01 54 05 Philippines 07 21 01 01 17 Slovena 08 19 25 76 18 New Zealand 09 24 40 104 16 Nicaragua 10 92 01 01 04

07.13. Many women have no say over household finances, even their own earnings. The Demographic and Health Surveys show that women in some developing countries, particularly in Asia and Sub-Saharan Africa, are not involved in household decisions about spending their personal earned income. 34 percent of the married women in Malawi and 28 percent in the Democratic Republic of Congo are not involved in decisions about spending their earnings.

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Chapter 08 Women, Business and the Law (WBL) Report

08.01. The “Women, Business and the Law (WBL) Report is published by the World Bank from 2009 onwards. This report highlights the legal gender differences worldwide. Specifically, this report examines laws and regulations that affect women’s ability to be entrepreneurs and employees. This report provides objective, easily comparable data to inform dialogue and research about women’s economic rights and opportunities covering 173 countries and provides data on seven key areas like Accessing Institutions, Using Property, Getting a job, Providing incentives to work, Building credit, Going to Court and Protecting Women from violence. Within the seven areas, there are 21 subtopics and 94 issues.

08.02. Women, Business and the Law examined differences by comparing men and women that have the same marital status in the following 21 areas and 5 areas which apply only to married women.

Table 15 Legal Differences for Married and Unmarried Women 01.Applying for a Passport 15.Doing the same jobs 55

02.Traveling outside the home 16.Enjoying the same statutory retirement age 03.Traveling outside the country 17.Enjoying the same tax deductions on credit 04.Getting a job or pursuing a trade or 18.Having their testimony carry the same profession without permission evidentiary weight in court 05.Signing a contract 19.Having gender/sex non discrimination clause in the Constitution 06.Registering a business 20.Applying customary law if it violates the Constitution 07.Being “Head of Household/family” 21.Applying personal law if it violates the constitution. 08.Conferring citizenship to their children Those which apply to married women only 09.Opening a bank account 22. Being legally required to obey their husbands 10.Choosing where to live 23. Being able to convey citizenship to a non -national husband 11.Obtaining a National Identity Card 24.Administering marital property 12.Having Ownership rights over property 25. Having legal recognition for nonmonetary contributions to marital property 13.Having inheritance rights over property 26. Having inheritance rights to the property of their deceased husbands 14.Working the same night hours

08.03. Women, Business and the Law 2016 Report – the latest report- finds that lower legal gender equality is associated with fewer girls attending secondary schools relative to boys, fewer women working or running businesses, and a wider gender wage gap. Where laws do not provide protection from domestic violence, women are likely to have shorter life spans. But where governments support child care, women are more likely to receive wages.

08.04. It is a fact that gender differences exists in all parts of the globe in spite of so many tall talks and catchy initiatives/programmes which were only of news value. Equality of opportunity allows women to make the choices that are best for them, their families and their communities. However opportunities for women are not equal where legal gender differences are prevalent. Such restrictions constrain women’s ability to make economic decisions in a variety of ways, and can have far-reaching consequences. Moreover, they are associated with real economic outcomes. For example, families may decide it does not make sense for girls to continue with school where their primary prospects – and therefore their earning potential – are more limited. Where resources are limited, families may choose to send boys to school instead of girls.

08.05. Disparities in outcomes can persist throughout a woman’s life : where there are more legal gender differences , not only is she less likely go to secondary school, she is also less likely to be employed or run a business, and if she does manage to do either she is likely to earn less than a man would.

08.06. Having laws on the books is not the only thing that matters. In many economies a more gender- equitable legislative base may coexist with high gender inequality resulting from poor implementation of the laws, whether 56 due to poor enforcement, poor design, or low capacity. Thus for women, laws on paper do not necessarily reflect legal realities. Good mechanisms for implementing and adequate budgetary commitments for enforcing laws also matters.

08.07. The study by the World Bank from 2009 onwards based on a baseline of gender legal differences affecting women’s economic opportunities where the World Bank started measuring reforms it is found that the pace of reform has either remained relatively constant or has been increasing.

08.08. Accessing Institutions Indicator explores women’s legal ability to interact with public authorities and the private sector just as men do, by examining legal capacity and rights, as well as quotas for the public and private sector.

08.09. Among the obstacles to married women working are laws that allow the wife to work outside the home only if it is in the interest of the family. In some economies, a woman can lose her right to receive financial support from her husband if she works without his consent. For example, according to Article 1 of the Personal Status Law of the Arab Republic of Egypt, a married woman can leave the house only for purposes allowed by law or custom, otherwise she needs her husband’s permission or she loses her right to financial support. Though Egypt has such “anti woman” laws, the earliest world known women whose names are known through archaeology included many Egyptian woman like “Neithhotep” ( 3200 BCE)who was the wife of Narmer and the first queen of ancient Egypt, “Merneith” (3000BCE) who was a consort and regent of ancient Egypt during the first dynasty and the ruler of Egypt in her own right, “Merit-Ptah” (2700BCE) who is the earliest known female physician and scientist etc.

08.10. The principle of equity is at the core of arguments in favor of gender quotas. Quotas can enable a more equitable representation of woman in leadership positions, improving their descriptive representation- which may translate into more equitable representation of women’s interests in decision making.

08.11. The use of quotas to boost women’s political representation is widespread. Globally, over 40% of economies have quotas for women members of parliament and local government: for parliament 21 economies have reserved seat quotas and 52 have candidate list quotas, and for local governments 23 have reserved seat quotas and 42 have candidate list quotas . Candidate list quotas determine the minimum number of women that must be on a party list. Reserved seat quotas for Parliament ranges from 10% in Jordan to 33% in Kenya. Candidate list quotas range from 20% in Mongolia to 50% in Tunisia. 57

08.12. Although candidate list quotas in both Bolivia and the Democratic Republic of Congo are

50%, representation of women in the Bolivian Parliament is 53% and in the Democratic Republic of Congo is just 9%. In Bolivia there is a “Zipper” system that requires political parties to alternate genders on candidates list. Failure to comply, results in rejection of the party list. In the Democratic Republic of Congo the law is silent on both placement requirements and sanctions for noncompliance. Other examples of sanctions used to enforce compliance of gender quotas in candidate lists are fines in El Salvador and the loss of state funding in Ireland.

08.13. Recently, Egypt introduced a 25% women’s quota for local councils and a 10% women’s quota for parliament. Tunisia’s new electoral laws introduced a 50% gender quota on candidate lists. Niger had 15% and Sudan has 30% seats in Parliament reserved for women. Saudi Arabia has introduced a 20% reserved seat quota for women at the national level.

08.14. There are quotas for women in the Board of Directors of public listed companies. Germany has 30% quota and India needs at least one woman in the Board of public limited companies. Quotas range from 20% in France to 40% in Iceland .

08.15. Croatia introduced special provisions on transactions related to the marital home that require written spousal consent to alienate or encumber property used as a family home. Hungary added new provisions to the family law section of its civil code that prevent either spouse from disposing of the marital home while property is held in community and requiring the consent of the other spouse even after the marriage is dissolved until tenancy rights are settled. In Nicaragua, the new family code makes separation of property the default regime and repeals provisions giving Judges the power to decide ownership of assets when spouses disagree.

08.16. The length of paid and unpaid maternity, paternity and parental leave, who pays it and the rate at which it is paid also form a part of the index/report. These leaves affect the choices women make and the opportunities available to them in the working world. But too much leave may undermine women’s labour force participation if it makes women less competitive in the labour market and discourages employers from hiring women of child-bearing age.

08.17. Parental benefits enabling mothers, fathers or both to take paid or unpaid time off to care for a newborn child can foster a more equitable 58 division of childrearing responsibilities in the family. This in turn can give women greater opportunities for career advancement. While 167 of 173 economies mandate maternity leave, paid or unpaid parental leave is still a rarity. Only 53 of the economies covered, none in Sub-Saharan Africa, have any form of parental leave. And paternity leave is still only offered in half of economies.

08.18. Providing option for who takes parental leave can give both parents more flexible work schedules. This is especially relevant for mothers, whose return to the workforce after maternity leave may depend on the ability to share child-rearing responsibility with their spouses. In Estonia and Lithuania, for example, parental leave is a family entitlement and decisions about who takes it and for how long is made by both parents. Portugal uses bonuses to extend the total length of paid parental leave if both partners share it.

08.19. Israel, Singapore and Spain provide a specific tax credit or deduction to women.

08.20. The ease, cost and availability of care for young children and free public education for school-age children can affect whether a mother decides to work outside the home for paid compensation or to stay at home with the children.

08.21. More public assistance for childcare may create opportunities for women to participate in the labour force because women are often the primary care-givers for children. The percentage of women who reported receiving wages in economies that provide public childcare was more than twice that in economies that do not. Tajikistan now has a law on preschool education, including direct public childcare, and Turkey has introduced free preschool education for children ages 4-5. 59

08.22. Government sometimes take women’s unpaid care work into consideration when designing lave policies because women must often balance employment with care responsibilities for children, sick relatives and the elderly. 70 percent of the countries provide paid or unpaid leave to care for a sick relative. The Employment and Labor Relations Act of Tanzania, for example, allows employees to take at least four paid days to care for a sick child.

08.23. Women across the globe receive less “credit” (bank/financial institution loans) than men. But women make up majority of the borrowers of Micro Finance Institutions with good repayment facilities. Lenders usually discriminate against women. The United States led the way in nondiscrimination in access to credit with the “Equal Credit Opportunities Act” of 1974, thanks to the effort of a female Representative who inserted the terms sex and marital status into the legislation and called out male committee members for their “oversight” in initially not including them as protected categories. The law specifically prohibits discrimination based on sex and marital status with respect to any aspect of a credit transaction.

08.24. The Australian Sex Discrimination Act, for example, prohibits discrimination on the grounds of sex when providing services relating to banking, insurance and the provision of grants, loans, credit or finance.

08.25. The going to court indicator examines women’s access to justice by looking at the number of women justices in constitutional courts and examining whether there are small claims courts. Women’s access to justice can be hindered by limits on their representation in judicial institutions. The United Nations estimates that globally women account for 27% of all Judges. However, evidence is emerging that women judges can make a difference in cases where gender is an issue. For example, an analysis of U.S. federal appellate cases in 1999, 2000 and 2001 found that in cases involving sex discrimination or sexual harassment, plaintiffs were twice as likely to win when a women was on the panel deciding the cases. The data showed both that women judges were significantly more likely than their male counterparts to find for the plaintiff and that having a women on the panel increased the probability that male judges would support the plaintiff.

08.26. Women justices may also matter in cases other than sex discrimination or sexual harassment cases. For example, in Tanzania the Hon. Ms Munuo wrote a decision for the High Court in Ndossi v. Ndossi holding that the nondiscrimination clause of the Constitution entitled a widow to administer her estate on behalf of her children. This decision expanded constitutional protections to women and domesticated international human rights instruments , including the Convention on the Elimination of all Forms of Discrimination against Women (CEDAW).

08.27. In the 153 countries where there are constitutional courts, 122 have at least one female justice, and women are chief justices in 26 countries .

08.28. Although most economies / countries do not prevent women from accessing the court system, many do not make it easy for them to do so. Legal formalities and cost of litigation, both direct and incidental, discourage poor people from 60

accessing courts. Even for relatively simple disputes, legal formalities are associated with lower enforceability of contracts, longer duration of cases and a perception among the participants of lower- quality justice.

08.29. Small claim courts have jurisdiction over civil cases when less than a specified monetary threshold is at issue. Procedures of these courts are simplified: the reduced cost and faster process to render a judgment make them ideal for small businesses, many of which are owned by women.

08.30. Small claim courts expedite dispute resolution and improve access to justice for minor disputes of relatively low value. They do so by setting aside legal formalities and using simplified procedures. Simpler processes and more relaxed rules lower costs for claimants, who can file and present their own cases; filing fees are lower and judges issue decisions rapidly. For small business owners, small claim courts can be a preferable forum for resolving simple disputes.

08.31. Fifty-three countries do not have small claim courts or fast track procedures for smaller claims. While more than 90% of OECD high-income countries have such courts, only 46% of Su- Saharan African countries have such small courts. A few countries have made positive changes in the area; Kazakhstan introduced small claims courts in 2014 and Chad, Costa Rica and Trinidad and Tobago raised the maximum amount they can decide on.

08.32. The Protecting Women from violence indicator examines laws on domestic violence against women and the existence and scope of laws on sexual harassment. Issues like whether women are protected from marriage rape, what the legal age of marriage is for boys and girls, and whether protection orders can be authorized etc comes under this index.

08.33. Violence affects women and girls of all ages, regardless of location, income level or social status. It can undermine women’s economic empowerment by preventing employment and blocking access to other financial resources. In Tanzania, for example, the earnings of women in formal wage work who are exposed to severe partner violence are 60% lower than women who are not exposed. Conversely, economic empowerment seems to protect women from violence: women living in wealthier households have a 45% lower risk of violence than those living in poorer households.

08.34. Globally, the most common form of violence women experience, according to WHO, is from an intimate partner. Almost one-third of all women who have been in an intimate relationship have experienced physical or sexual violence. Indeed, intimate partners commit as many as 30% of all murders of women. Legal Protection against domestic violence is crucial to reduce impunity and open avenues for redress. Life expectancy for women is higher where they are legally protected from domestic violence. 61

08.35. Women are at far greater risk than men of violence by an intimate partner or somebody they knew than from violence by other people. According to South African data, for example, teachers were the most common perpetrators of the rape of girls under age 15 (one third of the cases) . About 50 percent of female homicides in South Africa were perpetuated by an intimate partner. Overall, women are more likely than men to be killed, seriously injured, or victims of sexual violence from intimate partners. (WDR)

08.36. In many nations, violence against women is perceived as acceptable or justifiable. On average, 29 percent of women in countries with data concurred that wife beating was justified for arguing with the husband, 25 percent for refusing to have sex , and 21 percent for burning food. In Guinea, 60 percent of women found it permissible to be beaten for refusing to have sex with their spouses. In Ethiopia, 81 percent of women say that it is justified for a husband to beat his wife for at least one of the reasons listed in the Demographic and Health Surveys; 61 percent reported violence to be appropriate for burning food and 59 percent for arguing with their husbands. (WDR)

08.37. Domestic violence knows no boundaries, but incidence rates tend to rise with socioeconomic deprivation. Reported across all economic groupings, it is usually most prevalent among economically disadvantaged women. Women’s low social and economic status can be both a cause and a consequence of domestic violence. Low educational attainment, economic duress, and substance abuse are among the many compounding factors for abusive behavior.

08.38. United Nations General Assembly , in its “Declaration on the Elimination of Violence against Women” dated 20-12-1993 followed with United Nations Economic and Social Council in 1996 and the UNHCR in 2005 and United Nations in 2010 had defined and updated “DOMESTIC VIOLENCE” , Domestic violence is gender-specific violence, commonly directed against women, occurring in the family and in interpersonal relationships. Interpersonal relationships can refer to partners who do not live together or are not married.

08.39. The abuse can be physical, sexual, emotional or psychological, or financial or economic:

 Physical violence is any intentional behavior that offends a woman’s bodily integrity or health  Sexual violence is any conduct or behavior that forces a women to witness, maintain or participate in unwanted sexual contact or behavior by means of intimidation, threat, coercion or use of force, including sexual assault, marital rape or forcing any type of sexual activity without consent.  Emotional or psychological violence is any conduct or behavior that causes emotional damage, reduces self-worth or self-esteem or aims at degrading or controlling a women’s actions, behaviors, beliefs and decisions by means of threat, embarrassment, humiliation, manipulation, isolation, constant surveillance or pursuit, insult, 62

intimidation, blackmail, ridicule, exploitation or any other behavior that damages a women’s psychological health.  Financial or economic violence is any conduct or behavior involving the use or misuse of the partner’s consent regarding their financial resources or assets, including the deprivation, retention or subtraction of money or property or by other means making or attempting to make a women financially dependent by maintaining control over financial resources.

08.40. Domestic violence legislation varies greatly in scope and applicability. Out of the countries covered, 127 have laws on domestic violence, of which 95 cover both physical and sexual violence and 122 cover psychological violence. Economic violence, which can result in women being deprived of the economic means to leave an abusive relationship, is rarely covered. Subjecting women to economic violence is not addressed in 94 of the total 173 countries.

08.41. Laws covering all four types of violence - physical, sexual, emotional or psychological, or financial or economic – are prevalent in Europe and Central Asia, and in South Asia, where about 74% of the countries examined cover physical, sexual, emotional, and economic abuse. This is also the case in 63% of the countries in Latin America and just 25% of OECD high-income countries.

08.42. However, in many countries, women still have no legal protection as far as domestic violence is concerned. 46 out of the 173 countries have yet to enact laws to address domestic violence. Seven countries – Belgium, Canada, Estonia, Iceland, Morocco, Netherlands and Tunisia- have no explicit laws on domestic violence but have addressed the issue by intensifying penalties when criminal offences are committed against spouses or within the family.

08.43. In Domestic violence, man can also be victims. Domestic violence against them is more circumscribed than against women, in incidence, nature, and severity. According to the National Crime Victimization Survey in the United States, intimate partner violence affected 4.1 females per 1,000 – more than half a million women- and 0.9 males per 1,000 – 1,17,000 men – in 2009. So men were a fifth as likely to be victims of domestic abuse as women. In England and Wales, about two in five domestic violence victims between 2004 and 2009 were men. Based on the data from the British Crime Survey, about 4.0 percent of men (4.8 percent of women) reported suffering partner abuse in the past 12 months, an estimated 6,00,000 male victims.

08.44. “Protection Orders” are among the most effective remedies available to victims of violence. A 2009 study conducted in the United States, shows that protection orders are effective in reducing violence while increasing the victim’s safety, and further has a positive impact in terms of cost savings for the state. In 124 of 173 countries, victims of domestic violence may seek such measures to limit as abuser’s behavior. When protection orders exist, they generally allow for removal of the perpetrator from the common home and prohibit contact with the victim. Albania’s Law on Measures against Violence in Family Relations, for example, provides for ordering the perpetrator to leave the common home and pay rent for the victim’s residence. There are similar provisions in 113 countries covered, and in 94% of the 63

economies that have protection orders, the perpetrator can be prohibited from contacting the victim.

08.45. Establishing specialized courts or procedures for domestic violence cases may make legal action more effective. Approaches taken include setting up dedicated courts to handle all domestic violence cases, establishing fast-track procedures or authorizing specific orders of protection for domestic violence cases. For example, Brazil’s Maria da Penha Law provides for the creation of domestic and family violence courts. In Nepal, the Supreme Court mandated the establishment of fast-track courts in addition to the in-camera hearings that the Domestic Violence Crime and Punishment Act provides for. Of the 173 economies covered, 117 have specialized courts or procedures for domestic violence cases.

08.46. Although women are statistically at greater risk of violence from an intimate partner, sexual harassment and other forms of sexual violence are common in many settings. Globally, 7% of women have been sexually assaulted by someone other than a partner. In New Zealand and Australia, 10% to 20% of women have experienced sexual violence from non-partners. Women who have experienced this are 2.3 times more likely to have alcohol use disorders and 2.6 times more likely to suffer from depression or anxiety.

08.47. Sexual harassment is a common form of sexual violence against women. If affects women and girls not only at work and in educational institutions but also in public places. According to a 2006 United Nations study, within European Union countries, for example, 40% to 50% of women have experienced unwanted sexual advances, physical contact or other forms of sexual harassment at work.

Table 16 Sexual Harassment Laws, by percentage of countries in a region Economy/Country Laws on Sexual Laws on Sexual Laws on Sexual Harassment in Harassment in Harassment in employment (%) education (%) public places (%) OECD High Income 94 53 9 South Asia 63 50 25 Latin America & Caribbean 66 38 6 Europe & Central Asia 74 26 4 East Asia & Pacific 67 22 6 Sub-Saharan Africa 61 17 12 Middle East & North Africa 21 11 21 Source : WBL Report

08.48. Laws on sexual harassment in education are less common; only 52 economies specifically protect girls from sexual harassment in schools. Any only 18 economies specifically protect women from sexual harassment in public places. These laws are most prevalent in South Asia and the Middle East and North Africa. The Local dated 9th July 2015 reported that the 64

French Government recently unveiled measures to curb sexual harassment in public transportation after a poll in which 100% of women surveyed said they had been confronted with the problem.

08.49. Following are the details of the areas, subtopics and questions covered in the Survey

Table 17 WOMEN, BUSINESS & THE LAW INDICATORS 2016 – GETTING TO EQUAL- WORLD BANK 7 Areas, 21 Subtopics & 94 Questions

01 Assessing Institutions Explores women’s ability to interact with public authorities and the private sector in the same way as men A Constitutional Rights 01 Does the Constitution contain a clause on non discrimination? 02 If there is a nondiscrimination clause in the constitution, does it mention gender ? 03 Does the Constitution contain a clause on equality? 04 Is customary law recognized as a valid source of law under the Constitution ? If customary law is recognized as a valid source of law under the constitution, is it invalid if it violates constitutional provisions on nondiscrimination or equality ? 05 Is personal law recognized as a valid source of law under the constitution ? If personal law recognized as a valid source of law under the constitution, is it invalid if it violates constitutional provisions on nondiscrimination or equality B Quotas 06 What are the quotas for women on corporate boards ? 07 What are the quotas for women representatives in Parliament? 08 What are the quotas for women representatives in local governments? 09 What are the quotas for women representatives on candidate lists in national elections ? 10 What are the quotas for women representatives on candidate lists in local elections? C Rights of married and unmarried women 11 Can an unmarried women apply for a passport in the same way as an unmarried man ? Can a married women apply for a passport in the same way as a married man? 12 Can an unmarried women obtain a national ID card in the same way as an unmarried man 65

Can a married women obtain a national ID card in the same way as married man ? 13 Can an unmarried women travel outside the country in the same way as an unmarried man ? Can a married women travel outside the country in the same way as married man ? 14 Can an unmarried women travel outside her home in the same way as an unmarried man ? Can a married women travel outside her home in the same way as a married man ? 15 Can an unmarried women get a job or pursue a trade or profession in the same way as an unmarried man? Can married women get a job or pursue a trade or profession in the same way as a married man? 16 Can an unmarried women sign a contract in the same way as an unmarried man ? Can a married women sign a contract in the same way as a married man ? 17 Can an unmarried women register a business in the same way as an unmarried man ? Can a married women register a business in the same way as a married man ? 18 Can an unmarried women open a bank account in the same way as an unmarried man ? Can a married women open a bank account in the same way as a married man ? 19 Can an unmarried women choose where to live in the same way as an unmarried man ? Can a married women choose where to live in the same way as a married man ? 20 Can an unmarried women confer citizenship on her children in the same way as an unmarried man ? Can a married women confer citizenship on her children in the same way as a married man ? 21 Can an unmarried women be “head of household” or “head of family” in the same way as an unmarried man ? Can a married women be “head of household” or “head of family” in the same way as a married man ? 22 Can a women convey citizenship to a non-national spouse in the same way as a man ? 23 Are married women required by law to obey their husbands ? 24 Does married couples jointly share legal responsibility for financially maintaining their family’s expenses? 02 Using Property Analyzes women’s ability to access and use property based on their ability to own, manage, control and inherit it D Marital Property regime 25 What is the default marital property regime? 26 Who legally administers marital property ? Protecting a wife’s interests 27 If the husband administers property, is spousal consent required for major transactions ? 28 Are the special provisions for major transactions concerning the marital home ? 29 Does the law provide for valuation of nonmonetary contributions? 30 Do unmarried men and unmarried women have equal ownership rights to property ? Do married men and married women have equal ownership rights to property ? 66

E Inheritance Rights 31 Do sons and daughters have equal rights to inherit assets from their parents 32 Do female and male surviving spouses have equal rights to inherit assets ? 03 Going to Court Considers the ease and affordability of accessing justice by examining small claims courts, women’s ability to testify in court and the incidence of women judges on constitutional courts F Equality of access 33 Does the law recognize customary courts ? 34 Does the law recognize personal law courts ? 35 Does a woman’s testimony carry the same evidentiary weight in court as a man’s ? G Judicial Representation 36 How many Justices are on the Constitutional Court ? 37 Of those, how many are women ? 38 Is the Chief Justice a Woman ? H Efficiency of Procedure 39 Is there a small claims court or a fast-track procedure for small claims ? 40 If yes, what is the maximum amount for a small claim ? 04 Providing Incentives to Work Examines personal income tax credits and deductions available to women relative to men and the provision of childcare and education services I Personal Income Tax 41 Are Childcare payments tax deductible ? 42 Are there tax deductions or credits specific to men ? Are there tax deductions or credits specific to women ? J Childcare and education 43 Does the government support or provide childcare services ? 44 Does the Government provide free and compulsory primary education ? K Financial Support and Care 45 Does the government provide a child allowance to parents ? 46 Must employers provide leave to care for sick relatives 05 Building Credit Identifies the minimum loan thresholds of private credit bureaus and public credit registries and tracks bureaus and registries that collect information from microfinance institutions, utilities and retailers L Registries and Bureaus 47 What is the minimum loan amount covered in the private credit bureau or public credit registry ? 48 Do retailers provide information to private credit bureaus or public credit registries ? Do utility companies provide information to private credit bureaus or public credit registries ? Do micro finance institutions provide information to private credit bureaus or public credit registries ? Discrimination 49 Does the law prohibit discrimination by creditors on the basis of gender in access to credit ? 67

Does the law prohibit discrimination by creditors on the basis of marital status in access to credit ? 06 Getting a Job Assesses restrictions on women’s ability to work, such as prohibitions on working at night or in certain occupations. This indicator also covers laws on work related maternity, paternity and parental benefits, retirement age, equal remuneration for work of equal value and nondiscrimination in hiring M Parental benefits 50 Does the law mandate paid or unpaid maternity leave ? Does the law mandate paid or unpaid paternity leave ? Does the law mandate paid or unpaid parental leave ? 51 What is the length of paid maternity leave ? What is the length of paid paternity leave ? What is the length of paid parental leave ? 52 Who pays maternity leave benefits ? Who pays paternity leave benefits ? Who pays parental leave benefits ? 53 What percentage of wages is paid during maternity leave ? What percentage of wages is paid during paternity leave ? What percentage of wages is paid during parental leave ? 54 What is the length of unpaid maternity leave ? What is the length of unpaid paternity leave ? What is the length of unpaid parental leave ? 55 How many days of unpaid parental leave must be taken by the mother ? How many days of unpaid parental leave must be taken by the father ? 56 How many days of paid parental leave must be taken by the mother ? How many days of paid parental leave must be taken by the father ? N Workplace Protections 57 Does the law mandate equal remuneration for work of equal value ? 58 Does the law mandate nondiscrimination based on gender in hiring ? 59 Is it prohibited for prospective employers to ask about family status ? 60 Is dismissal of pregnant workers prohibited ? 61 Are mothers guaranteed an equivalent position after maternity leave ? 62 Are employers required to provide break time for nursing mothers ? 63 Are parents entitled to flexible/part-time schedules ? O Retirements and Pensions 64 What is the age at which a man can retire and receive full benefits ? What is the age at which a woman can retire and receive full benefits ? 65 What is the age at which a man can retire and receive partial benefits ? What is the age at which a woman can retire and receive partial benefits ? 66 What is the mandatory retirement age for men ? What is the mandatory retirement age for women ? Working Hours and Industry restrictions 67 Can non pregnant and non nursing women work the same night hours as men ? 68 Can non pregnant and non nursing women do the same jobs as men ? P Implicit Restrictions 69 Can non pregnant and non nursing women work in jobs deemed hazardous in the same way as men ? Can non pregnant and non nursing women work in jobs deemed morally or socially inappropriate in the same way as men ? 68

Can non pregnant and non nursing women work in jobs deemed arduous in the same way as men ? Explicit restrictions on occupations and sectors 70 Can non pregnant and non nursing women work in mining in the same way as men ? Can non pregnant and non nursing women work in factories in the same way as men ? Can non pregnant and non nursing women work in construction in the same way as men ? Can non pregnant and non nursing women work in the same occupations as men ? Q Explicit restrictions on Job-related tasks 71 Can non pregnant and non nursing women work in metal-working in the same way as men ? Can non pregnant and non nursing women engage in jobs requiring lifting weights above a threshold in the same way as men ? Can non pregnant and non nursing women do the same job-related tasks as men ? 07 Protecting Women from violence Examines the existence of legislation on domestic violence, sexual harassment, marital rape, age of marriage and protection orders R Domestic Violence 72 Is there domestic violence legislation ? 73 If there is no legislation specifically protecting against domestic violence, are there aggravating penalties for crimes against a spouse or family member ? 74 Are there clear criminal penalties for domestic violence ? 75 Does domestic violence legislation cover physical violence? Does domestic violence legislation cover sexual violence? Does domestic violence legislation cover emotional violence ? Does domestic violence legislation cover economic violence ? 76 Does legislation on domestic violence protect family members ? 77 Does domestic violence legislation protect former spouses ? 78 Does domestic violence legislation protect unmarried intimate partners ? 79 Do protection orders for domestic violence exist ? 80 Do protection orders provide for removal of the perpetrator from the home ? 81 Do protection orders cover prohibition of contact and maintaining distance from the survivor? 82 Is there a specialized court or procedure for cases of domestic violence ? S Sexual Harassment 83 Is there legislation that specifically address sexual harassment ? Are there civil remedies for sexual harassment ? Are there criminal penalties for sexual harassment ? 84 Is there legislation on sexual harassment in employment ? Are there civil remedies for sexual harassment in employment ? Are there criminal penalties for sexual harassment in employment ? 85 Is there legislation on sexual harassment in education ? 86 Is there legislation on sexual harassment in public places ? T Child and early marriage 87 What is the legal age for marriage for boys ? What is the legal age for marriage for girls ? 88 Are there any exceptions to the legal age of marriage ? 89 Does the law prohibit or invalidate child or early marriage ? 69

90 Are there penalties in the law for authorizing or knowingly entering into child or early marriage ? U Marital Rape 91 Does legislation explicitly criminalize marital rape ? 92 If there is no specific provision that explicitly criminalizes marital rape, can woman otherwise file a criminal complaint against her husband for rape ? 93 Is the husband exempt from facing criminal penalties for rape (marital rape exemption) ? 94 Are perpetrators exempt from facing criminal charges for rape if they marry the victim?

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Chapter 09 Sex Surveys in India/Kerala MORALITY Exposed

09.01. “Casual sex, detached from emotion, is becoming more popular than ever: 41 percent men are fine with one-night stands, as are 29 percent women. Over 26 percent have slept with someone other than their partners” These are the results of a study tracking sexual moods in modern India by the nation’s most popular news magazine “India Today”.

09.02. Sex is not just about sex. The attitude towards it reflects the way women are regarded, permeates into culture, the arts and, above all, indicates how liberal a society we are. It is treated as a top secret and a totally private affair. There was no study on 71 the attitudes of man and woman on sex. Nobody ever tried to gauge the mood of men and women on sex. Modern technology- internet porn to Snapchat to apps- is changing bedroom dynamics.

09.03. Foreplay is down and (almost) out, with a lot more couples taking to porn surfing instead. Over 32 per cent men manage to spare barely five minutes or less for lovemaking in 24 hours on an average. Oral sex tops the list of sexual activities and fantasies. The bouquet of acrobatics in the bedroom is expanding with astonishing speed.

09.04. The first public “Sex Survey” in India was conducted in 2003 by India Today magazine. It caused great stir. The survey, of what women want, took the nation by storm. But the magazine was well received by the public that this magazine was totally oversold on the first day itself. Thereafter India Today conducted 15 such sex surveys each year. Men and women, singletons and couples, at work or on the campus, teenagers or 60- somethings, across villages, small towns and metros participated in the Sex surveys.

09.05. Kerala is not an exception. The Youth Survey conducted by “Grahalakshmi” magazine of the prestigious and most orthodox newspaper group “Mathrubhumi” during August 2017 reveals that youth love is not for marriage. 50% of the people do not believe in love resulting in marriage whereas 40% feel it will end up in marriage. 30% believe that love will end in pre marital sex whereas 60 percent object premarital sex. 20 percent believe that they can have multiple love affairs with more than one person at a time. Many believe that love will end in premarital sex.

09.06. The “Youth Sex Survey” released by Grahalakshmi in its 2017 Sept 16-30 issue have taken the Kerala Women Moralists by surprise. The Kerala Youth reveals that 48 percent see porn sights and 22% see it occasionally . This indicates that 70% of the Youth is a part of Porn sex. The most provocative disclosure is that 70 percent of the youth do not see Sex as a sin. Another 10 percent is not bothered about youth sex totaling the Youth Sex group to an astonishing 80 percent. When 51 percent of the youth is against more than one sexual partner, an alarming 49 percent says more than one sexual partner is OK. Most of the youth agree that premarital love will end in Sex. The survey finds that both boys and girls initiate sex action. Earlier it was presumed that boys initiate sex and girls fell into it. But the Youth Survey finds that 81 percent believe that both boys and girls have equal interest in entering into pre marital sex. 36 percent says boys initiate sex and 17 percent says girls initiate sex.

09.07. Statistics reveal a massive change in perception, practice and preferences of sex and also marriage. It indicates a new life style where pleasure is paramount. The modern marriage is for FUN , but perhaps the shelf life of the all-or-nothing institution of marriage and sex is reaching its sell-by date .Most of the respondents told about their deepest demands, desires, fantasies and fears about sex and marriage. It made the public closer to understanding the continuing metamorphosis of the Indian sexual psyche. 72

09.08. The Sex Secrets Public Disclosure Process now coming out through Surveys , painfully slow that it is not mirrored in the attitude of those who believe they are in charge of our MORALS. India Today 2017 Sex Survey points out that we have a ridiculous situation when films can be denied certification for being “lady oriented” and using abusive words ( as in the case of lipstick under my Burkha) or for depicting reality (as in Udta Punjab). But pornography is flowing free to any one for any period at any time free of cost through internet and mobiles to which even small children has access.

09.09. What happens in our bedrooms and what is disclosed in our Sex Surveys spills over on to the streets sooner rather than later. The fact is that we have to acknowledge it, understand it, celebrate it and educate everybody at the earliest possible years. The fact is that attitudes remain the same no matter the level of education. The Indian man has yet to evolve into someone who accepts the Indian woman as his equal, treats her with respect and understanding.

09.10. The happy married life and independent women notions have drastically changed during the last 15 years in India. The ICT might be the major factor. Everything is available in privacy to anybody anywhere. Though the vast majority of the Indians are satisfied with sex and marital life, 35 % of the men and women are engaged in non marital one-night sex stays. There is more to it than happy domesticity – often a cover up or a drama – with a clear difference in perception, practice and preference between men and women, exploding several myths and confirming conventional wisdom.

Table 15- India Today Sex Surveys 2003 to 2017 – Results Year of Sex Survey Men Women 2003 75 % did not masterbate 34 % told sex was unimportant 2004 56 % are happy with sex life 40% refused condoms 2005 Men seemed to be unabashed Not married, but 1 in 4 have sex champions of equality in the bedroom: 69% believed women wanted as much sex as men 2006 Single males expected virgin brides and talked about their appetite for gay sex (37%) 50% young, unmarried men believed women who wore revealing clothes were sexually liberated 2007 76 % husbands said sex is a “marital right” 2008 Two out of five married 8 % women approved adultery men approved of adultery. 19% women swapped partners 43% men approved adultery 27% men swapped partners 2009 they fantasized about having sex 62% couples had tried a only with their spouse 72% men position they had seen in a 62% couples had tried a position they had seen in a porn clip porn clip 2010 33 % women chose financial security over sexual and emotional. 44 % of the women said they would talk it out if they found their 73

partner had been unfaithful and 22 percent would tell him they also has the right to do the same. 2011 The “Roving Eyes” of men. 48% of 58 % men never discussed sex husbands said their ideal bed mate with children. 49% wives, was not their wife. 23% admitted to bored with their husbands, extra marital affairs. 48% craved sex with filmstars.64 % men never claimed they refused sex discussed sex with children routinely by faking a headache 2012 21 % small town women claimed first sex in pre- teens and teens ( 13 % in metros) 2013 16 % men has promised Women started to assert jobs or promotion to their sexuality in women colleagues against unequivocal terms . The sexual favours.26% men work place became the said that the women’s sex playing ground and 16 % appeal lied in their women open to intimacy, “positive attitude” even if casual sex, with a colleague 2014 3 in 10 Class X students are 25% teenagers said they had sex not virgin while at school 2015 No Survey 2016 A women’s face, eyes and hair the 38% couples ready to part ways if most sexually attractive features for “unhappy” with sex life 24% men, women breasts the most sexually attractive for 21% men. 38% couples ready to part ways if “unhappy” with sex life 2017 Casual sex becoming more Casual sex becoming more popular popular 41 % men fine with 29 % men fine with one- night stand one- night stand 70 % men said they discussed sex 88 % men said they with friends of both gender. discussed sex with friends of both gender. Source : India Today Sex Surveys of various years

09.11. The most serious women issue debated in Kerala is the “Premarital Sex” which was done on mutual consent, but afterwards the women start bargaining for more rent for the sex through defamation, women commission petitions etc which is unheard off elsewhere in the world. There are several such latest cases in Kerala. Even the “honey trapping” case now going on against the former Transport Minister A K Saseendran is a fit case where a lady – adult matured lady – knowing well the implications and after effects of such a job is not even an accused in the case. Even the criminal cases against several dignitaries including T P Senkumar IPS, former DGP of Police Kerala , Sri P C George MLA etc in disclosing the name of the film star who was involved in a sexual harassment case , all indicates the misuse of law The various clauses of the several 74

women protection laws now in force in India should not be misused for publicity or vengeance against a man. More detailed discussion in the chapter on “Women Specific Legislation”

09.12. The Premarital Sex and its legality and the “man only becoming accused later” syndrome become a debate in India as early as 2005. It was in 2005 that premarital sex broke into Indian consciousness in a big way, when India Today brought out “Sex and the Single Women”, where 31 percent of the single women surveyed said that “his inability to understand women’s expectations puts the women off sex with a man”. In the same year 2005, actor Khushboo’s comment in a column in the Tamil edition of India Today that “No educated man would expect his wife to be a virgin” drew a tsunami of protests besides defamation suits by women organizations. It was only in 2010 that the Supreme Court finally dismissed all 22 cases against Khushboo, observing there is nothing legally wrong with premarital sex or live-in relationships where consenting adults are involved.

09.13. The surveys indicate the mindset of the general population. Any legally permitted and mutually agreed sexual activity by the grown up citizens cannot be controlled by the so called “moral” laws. Based on the mood of the majority, public opinion and moral laws has to be redrawn. Feminists, Moralists, Religious leaders and all others have to acced

Chapter 10 World Happiness Report

10.01. “The care of human life and happiness ………is the only legitimate object of good government” said Thomas Jefferson. According to Aristotle “True happiness comes only from a life of meaning- of doing what was worth doing. Sustained positive emotions are important supports for a good life”. Pleasure, Purpose and Pride (3Ps of Happiness) are the 3 different strands of happiness that braid together in complementary ways to create lasting joy. People will be happier in countries that encourage those strands. People enjoy the pleasure of living daily life to the fullest in a place that mitigates stress and maximizes joy. Scientists call this type of happiness experienced happiness or positive effect. Surveys measure it by asking people how often they smiled, laughed, or felt joy during the past 24 hours. As women constitute 50% of the world population, in order to make the world happier we have to make our mothers, wives, daughters and sisters (all women) happy. Gender Equality is the major area through which we can make women happy. All rulers and policy makers should create the conditions for creating the greatest possible happiness in the 75

population and, especially, the least possible misery. For this they need to know the causes of happiness and misery. Happiness is caused by many factors, such as income, employment, health and family life. The measure of happiness is “Life Satisfaction” and it is measured on the answer to the question “Overall how satisfied are you with your life these days?” measured on a scale of 0 to 10 from extremely dissatisfied to extremely satisfied. General happiness of a society will trickle down to women also.

10.02. Happiness Index and Life Satisfaction scores are the barometers which any democratic government should constantly watch across the world. In European Elections since 1970, the life satisfaction of the people is the best predictor of whether the government is re-elected – much more important than economic growth, unemployment or inflation.

10.03. Many believe that higher the income or wealth, higher the levels of happiness. So all – be it individuals, nations, corporate or association of people- strive to increase the income of people. It is done to increase the happiness. Richard Easterlin (1964-2016) had identified a “Central Paradox of the Modern American Economy” which is defined as “income per person has increased roughly three times since 1960, but measured happiness has not risen and in recent years per capita GDP is still rising, but happiness is actually falling” . The predominant political disclosure in the United States is aimed at raising economic growth, with the goal of restoring the American dream and the happiness that is supposed to accompany it.

10.04. The American social crisis is widely noted, but it has not translated into public policy. Almost all of the policy discourse in Washington DC centers on naïve attempts to raise the economic growth rate, as if a higher growth rate would somehow heal the deepening divisions and angst in American society.

10.05. Social capital in the United States has been in decline for several decades now. Robert Putnam’s pioneering research played a major role in opening the eyes of Americans to the fraying of social ties. In recent years, the evidence of social crises has become overwhelming, across every aspect of social life. A small group at the top of the income distribution has continued to make striking gains in wealth and income, while rest of the society has faced economic stagnation or decline, worsening public health indicators including rising rates of drug addiction and suicide, and declining social trust.

10.06. The UN High Level Meeting on Happiness and Well-being supported the publishing of the World Happiness Report in April, 2012. World Happiness Report measures the happiness of countries based on six factors which are

 GDP per capita  Healthy years of life expectancy  Social support (as measured by having someone to count on in times of trouble)  Trust ( as measured by a perceived absence of corruption in government and business),  Perceived freedom to make life decisions, 76

 Generosity ( as measured by recent donations).

10.07. The central purpose of the World Happiness Report was to survey the science of measuring and understanding “Subjective Well-being”. Out of the six international variations in life evaluations explainable by the six key variables, about half comes from GDP per capita and healthy life expectancy, with the rest flowing from four variables reflecting different aspects of the social context.

10.08. The Organization for Economic Co-operation and Development (OECD) Guidelines on Measuring Subjective Well-being define and recommend the following measures of subjective well-being: “ Good mental states, including all of the various evaluations, positive and negative, that people make of their lives and the affective reactions of people to their experiences”. This definition encompasses three elements of 1) life evaluation, 2) Affect and 3) Eudaimonia. Life evaluation is a reflective assessment on a person’s life or some specific act of it. Affect is a person’s feelings or emotional states, typically measured with reference to a particular point in time. Eudaimonia is a sense of meaning and purpose in life, or good psychological functioning.

10.09. “Purpose and meaning in life” question raised to individuals is an important aspect of subjective well-being is a question that has come to be called “eudaimonic” in honor of Aristotle, who believed that having such a purpose would be central to any reflective individual’s assessment of the quality of his or her own life. Freedom and Generosity have large impacts on positive effect, which in turn has a major impact on life evaluations.

10.10. Out of the six indicators of World Happiness Index, four – social support, freedom to make life choices, generosity, and absence of corruption in government and business- are best seen as representative of different aspects of the social foundations of well-being.

10.11. Adam Smith in “The Theory of Moral Sentiments, argued that human beings are inherently sympathetic to the fates of others beyond themselves, but too imperfect to apply such sympathies beyond themselves, their friends and family, and perhaps their countries. The power and responsibility for achieving general happiness of the world population lay with God”. Smith’s idea of a strong but limited sense of sympathy underpinned his later and more influential arguments in “The Wealth of Nations”. Much subsequent research in economics has tended to follow Smith’s presumption that each individual’s moral sympathy is limited mainly to family and friends, with individual self-interest serving to explain their decisions. This mindset of the man only resulted in the rich becoming rich and the poor becoming much poorer. 77

10.12. Trust has long been seen as an especially important support for economic efficiency and trust is seen as an element or consequence of social capital where social capital is defined as networks together with shared norms, values and understandings that facilitate co-operation within or among groups. Good governance is a key foundation for economic growth and economic performance and rates of economic growth will be higher in countries with higher trust levels.

10.13. Two key social variables, 1) social support and 2)volunteering results in better health status. The quality of social institutions has important direct effects on general health status. Health outcomes are better where corruption is less and government quality generally higher . Social support has strong linkages to happiness through its effects on physical and mental health. Having someone to count on is of fundamental importance, but having a fuller set of supporting friendships and social contacts is even better.

10.14. Generosity which is an important source of happiness benefits physical health and a variety of studies shows that health benefits are greater for the givers than for the receivers of peer-to-peer and other forms of support. In all cultures and even from infancy, people are drawn to pro-social behavior, and that they are happier when they act pro-socially.

10.15. High-trust communities and societies are happier places to live, even after allowing for the effects of higher incomes and better health. Presence or absence of corruption has a direct link to social trust. The full happiness effects of a trustworthy environment are likely to be significantly greater than that can be captured by a simple measure of the presence or absence of corruption in business and government. It has already been established that even beyond social trust and absence of corruption there are several different aspects of life where trust is important for well-being – in the workplace, on the streets, in neighbourhoods, in business dealings, and in several aspects of government.

10.16. The European Social Survey (ESS) has several different measures of trust, making it possible to see to what extent they have independent impacts on happiness. The ESS individual-level results show that five different sorts of trust contribute independently to life satisfaction. The two most important are social trust and trust in police. The remaining are trust in legal system, trust in parliament, and trust in politicians.

10.17. Well-being inequality is as serious as inequality in income and wealth. If happiness is a better measure of well-being than is income, inequality in well-being is a more serious issue than inequality in income. The World Values Survey, The European Social Survey and the Gallup World Poll suggests that well being inequality is more serious than income inequality and is likely to damage social trust. 78

10.18. More than well being inequality social comparison is another area of unhappiness. Instead of happy with the current income and economic status, people compare their income with other people and, if others become richer, they feel less happy at any given level of income. The same is true for education.

10.19. When we are adults, our happiness depends significantly on our adult situation- our economic situation (our income, education and employment), our social situation (whether we have a partner and whether we are involved in crime), and our personal health (physical and mental). These in turn depend partly on our development as children (intellectual, behavioral and emotional), which in turn depends on family and schooling.

10.20. Many of the adulthood problems can of course be traced back to childhood and adolescence. Three key dimensions of child development are at work. They are intellectual development, behavior and emotional health. The emotional health of the child, however, has particular significance, since it also the best measure we have of the child’s own quality of life- it is a final product as well as an input into the resulting adult. The mental health of the child’s mother directly affects the emotional health and behavior of the child.

10.21. Ranking of Happiness of nations is as under

Table 16- World Happiness Ranking 2014-2016 Country Rank Value Norway 1 7.537 Denmark 2 7.522 Iceland 3 7.504 Switzerland 4 7.494 Finland 5 7.469 Netherlands 6 7.377 Canada 7 7.316 New Zealand 8 7.314 Australia 9 7.284 Swedan 10 7.284 United States 14 6.993 Germany 16 6.951 United Kingdom 19 6.714 France 31 6.442 Russia 49 5.963 Pakisthan 80 5.269 Bhutan 97 5.011 Nepal 99 4.962 Bangladesh 110 4.608 Myanmar 114 4.545 79

Sri Lanka 120 4.440 India 122 4.315

10.22. As already stated, based on the World Happiness Report , it is found that about three-quarters of human happiness is driven by six factors: strong economic growth, healthy life expectancy, quality social relationships, generosity, trust, and freedom to live the life that’s right for the people. These factors don’t materialize by chance; they are intimately related to a country’s government and its cultural values. In other words the happiest places incubate happiness for their people. People in the happiest countries pursue their individual goals intensely, but not at the expense of joy and laughter, and they took with pride on what they are doing and what they have already accomplished. They are able to do this, in many cases, because the places where they live – their nations, communities, neighborhoods, and family households- give them an invisible lift, constantly nudging them into behaviors that favor long-term well-being.

10.23. Schooling is another area of happiness. Clearly both parents and schools affect a child’s development. Family income can have a substantial effect on a child’s academic performance, but a much smaller effect on the child’s emotional health and behavior.

10.24. Parenting has become another controversial subject and is a part of the debate of Gender Responsibilities as to who should care the child. Women\Mother argue that men\father has a major role in child care and parenting. “Parenting Style” – parental engagement and involvement with the children like helping in reading and playing - is immensely valuable, while aggressive parenting (hitting or shouting) only exacerbates bad behavior. Conflict between parents is especially disadvantageous for the behavior of the children. Initially parents mattered more than schools. Now the tide of opinion has turned. New data strongly confirm the importance of the individual school and the individual teacher. This applies equally to the academic performance of the pupils and to their happiness. Data proves that the number of crimes a person commits is affected by child development. More the involvement of parents in child care, happier will be the children and better the society. As the “role or total involvement of 80 mothers in child care” is getting questioned as a “gender inequality” issue, Happiness Report is discussed in that context.

Chapter 11 Childcare Support

11.01. The renowned feminist writer late Jasodhara Bagchi, in her book “Rethinking Motherhood” tries to dismantle the myth of “celebratory motherhood” wherein she tries to prove that the existing ideas of motherhood and child rearing is a historical ploy to entrap women into domestic round of breeding and rearing. In this gem of a book, one that offers a good, solid, incisive introduction she tries to explain the shifting demands of the ruling class ( Male) from the female half of the population in time and space. While the book and its author takes up the social and economic function of motherhood, it has an integral view of the other services demanded of women in the family and outside, namely the sexual and domestic functions, apart from the usual romantic and effective aura they are supposed to provide. There are several similar books which questions the rationale of mothers only looking after children. These opinions and comments remind us or question the age old principle that Child Care is directly related to Gender Equality.

11.02. The benefits of child care services are not limited to child development and can have a positive impact on women’s economic inclusion and national growth and productivity. Unpaid care work is one of the main barriers to women’s employment and job retention as women are often the main caregivers for the family. Where governments publically provide or 81

subsidize childcare for children under the age of primary education, women are more likely to receive wages. Japan enacted the 2014 Children and Childrearing Support Act which mandates employers to create an enabling environment for work-life balance and to contribute to the payment of child allowance. Iraq enacted a new labour law in 2015 to require employers to establish childcare centers when employing women. Ukraine enacted a new tax law in 2015 which grants tax benefits to preschool facilities . India amended the Maternity benefit Act in 2017 to require employers with 50 employees or more to establish a childcare center.

11.03. Modern feminists see “Compulsive Motherhood and Child Care reserved to women only” as a negative area which deprives women her share of victory in the daily competitive life along with man. They feel that childcare in the initial years deprive them their legitimate rights in workplace and society. “Pregnancy and Delivery is OK, but child care, right from the birth of the child need to be outsourced” is the new slogan of the modern feminists. They argue that neither the society nor the state recognize the value of labour of women within the private sphere at the family in which child care is an important activity. So outsourcing of Child Care has become an integral part of gender equality

11.04. Feminists group argue that women’s labour in the domestic realm of the house ( like child care) is not socially recognized due to the manner in which patrilocal institution of marriage operates in our patriarchal society. Woman groups demand equitable right of ownership and access to all property belonging to the partners at marriage as they shoulder the maximum responsibility of family care. Not only this, but the labour of women that go into maintaining the household and into care labour of the members of the household should accrue in the form of maintenance and hence, would need to be calculated by incorporating all her contribution into the household. In this way, maintenance would be an entitlement and not charity. If husbands are employed, the employers are liable to ensure that a portion of the salary goes to the wife as maintenance cost. Guardianship is a joint responsibility, where both partners are natural guardians of the children.

11.05. Affordable, good quality childcare is a key enabling factor, allowing women to reconcile professional and family obligations, since women tend to bear the majority of the care giving responsibilities in most countries. One of the most critical pressure points often relates to the care infrastructure, due to the greater portion of unpaid work performed by women. Stronger care-related policies could therefore enhance women’s economic participation and re-balance care roles in the homes.

11.06. The cost of child care also has a significant effect on the financial incentive for women in heterosexual couples with children to work. Public or subsidized childcare can 82 increase the participation of women in the workforce; countries that provide public childcare have been reported to have more than twice the percentage of women receiving wages than those that do not. Similarly, care for older persons is also an important consideration, as women tend to be the primary caregivers for ageing parents.

11.07. Investments in the “Care Economy” also produce sizeable spillover effects. The International Trade Union Confederation, for example, recently estimated that if 2% of GDP was invested in a country’s care industry, there would be corresponding increases in overall employment ranging from 2.4% to 6.1%, depending upon the country. This equates to nearly 13 million new jobs in the United States, 3.5 million in Japan, nearly 2 million in Germany, 1.5 million in the United Kingdom, 1 million in Italy, 6 lakh in Australia and 1.2 lakhs in Denmark. If we take India it will be more than 100 million and in Kerala it can be 1 million.

11.08. Childcare assistance varies by economy and spans public day care, private care and homecare. While 58% of economies have public day care assistance with government allowances or subsidies, 18% have no publicly provided services and no subsidies.

11.09. The Global Gender Gap Report publishes various indicators on the Care Economy of each nation. It contains 7 parameters under the heading Care. This includes,

 Length of parental leave in days,  Length of paternity/maternity leave in days,  Wages paid during paternity/ maternity leave,  Provider of parental leave benefits,  Provider of paternity/maternity leave benefits,  Government supports or provides childcare and  Government provides child allowance to parents.

11.10. It is argued that in the years to come, mothers may have a software in her mobile which can calculate the cost of child care by herself, loss of income due to child care, opportunity cost in child care and the possible surplus income generated by a mother had there been a childcare facility nearby and the mother is offered a job in the organized sector. Here the “Childcare Economics” comes to play a vital part. “Childcareonomics” will be a major area of study.

11.11. The existing child care outsourcing facilities available like Anganwadi, Day Care Centres all need to be revisited. The need of the hour is quality 0-4 year old child care “as good as childcare by the parents” but which are outsourced at affordable price. In order to get some light on the global child care standards and facilities available, the global school education scenario need to be assessed. This will relieve the mothers from child care so that they can get involved in their jobs

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Chapter 12 Kid/Child Education Revolution

12.01. Neurological research has shown that 90% of brain growth occurs during the first five years of life, and 85% of the nerve paths develop before the age of seven. “Child Care” is synonymous with upbringing and is seen as a cooperative endeavor between parents and society to prepare children physically like eating properly or keeping clean and mentally like communications, social awareness, empathy and self reflection. It is found that in the initial years – till the age of seven - children should learn best through play so that by the time children reach school, they should be keen to start learning.

12.02. PISA- Programme for International Students Assessment – is the World’s premier yardstick for evaluating the quality, equity and efficiency of school systems. By identifying the characteristics of high performing education systems, PISA allows governments and educators to identify effective policies that they can adapt to their local contexts. In response to the question of “what is important for citizens to know and be able to do ?” and to the need for internationally comparable evidence on student performance, the Organization for Economic Co-operation and Development (OECD) launched the triennial survey of 15 year old students around the world PISA was launched. PISA assesses the extent to which 15 year old students , near the end of their compulsory education, have acquired key knowledge and skills that are essential for full participation in modern societies. 85

12.03. PISA results reveal what is possible in education by showing what students in the highest – performing and most rapidly improving education system can do. The findings allow policy makers around the world to gauge the knowledge and skills of students in their own countries in comparison with those in other countries, set policy targets against measurable goals achieved by other education systems, and learn from policies and practices applied elsewhere.

12.04. Approximately 5,40,000 students participated in the survey, representing 29 million 15 year old students from 72 participating countries. The questionnaire sought information from students , school authorities ,teachers and in some countries to parents also. It includes, details about students themselves, their homes, school and learning experiences, school systems, learning environment, parent’s perception and involvement in their children’s schools, their support for learning at home, children’s career expectations etc. The PISA survey data tells about Students’ performance in science and attitudes towards science, students’ performance in reading and mathematics, equity in education, policies about learning science at school and performance in science, resources invested in education.

12.05. Singapore outperforms all other participating countries. Japan, Estonia, Finland and Canada are the four highest performing countries. Snapshot of performance in science, reading and mathematics are under

Table 17 - PISA Scores Country Score Science Reading Mathematics Average Score 493 493 490 Singapore 556 535 564 Japan 538 516 532 Estonia 534 519 520 Chinese Taipei 532 497 542 Finland 531 526 511 Macao(China) 529 509 544 Canada 528 527 516 Viet Nam 525 487 495 Hong Kong (China) 523 527 548 B-S-J-G* (China) 518 494 531 Korea 516 517 524 *Beijing-Shanghai-Jiangsu-Guangdong

12.06. Out of the top 10 countries in PISA, Finland is a country of special mention. Harvard Education Professor Howard Gardner once advised “Learn from Finland which has the most effective schools and which does just about the opposite of what we are doing in the US”. Education in Finland is an education system with no tuition fees and with fully subsidized meals served to full-time students. The present education system in Finland consists of day care programmes (for babies and toddlers) and a one-year 86

“pre-school” (kindergarten for six-year-olds); a nine-year compulsory basic comprehensive school (starting at age seven and ending at the age of sixteen) ; post-compulsory secondary general academic and vocational education; higher education ( University and University of applied sciences); and adult (lifelong, continuing) education.

12.07. The Finnish strategy for achieving equality and excellence in education has been based on constructing a publicly funded comprehensive school system without selecting, tracking, or streaming students during their common basic education. The Education Index, published with the UN’s Human Development Index lists Finland as 0.993, among the highest in the World. The Finnish Ministry of Education attributes its success to “the education system of uniform basic education for the whole age group, highly competent teachers, and the autonomy given to the schools.

12.08. Teachers are the key to Finnish education. Teaching is a respected profession. A prospective teacher must have very good grades and must combat fierce opposition in order to become a teacher. Both primary and secondary teachers must have a master’s degree to qualify. Only 10% of applicants to certain programs are successful. The salaries paid to the teachers are the best in the industry.

12.09. When a child is born in Finland, every mother gets a box named “maternity package” from the Government Mother Care Center which consists of the first bed the baby has and three books. There is a book for the mother, a book for the father, and a book for the baby. Of course the baby book has mainly those faces that babies easily can see. This action indicates to the parents that for this new member of the family, they need to read. Reading to baby is so important. Finland produces more children’s books than any other country does. Nobody in Finland - politicians, rich people or anybody- can buy good education for their child. Everything is free including Universities. Every child is a self made child in the Finnish Education system, because whatever the parents’ grade or standing, you can make it.

12.10. Finland has had access to free universal daycare for children aged eight months to five years and a year of “preschool/kindergarten” at age six. Here children are not taught, they just learn. It is not a place where parents dump their 87 children while going for work. It is a place for the child to play and learn and make friends. In Finland all good parents put their children in day care. It is not related to socio economic class. The focus of kindergarten students is to “learn how to learn”. Instead of formal education in reading and math, there are lessons on nature, animals, and the “circle of life” and a focus on materials-based learning

12.11. “Daycare” includes both full-day childcare centers and municipal playgrounds with adult supervision where parents can accompany the child. Municipalities also pay mothers who wish to do so to remain at home and provide “home day care” for the first three years. In some cases this includes occasional visits from a care worker to see that the environment (at home) is appropriate. The ratio of adults to children in local municipal childcare centers – either private but subsidized by local municipalities or paid for by municipalities with the help of grants from central government is as under

Table 18 Child Teacher Ratio in Finland Child Age Group No of child per class No of Caretakers Up to 3 years 12 1 teacher & 2 Nurses Three to Six years 20 1 teacher & 2 Nurses Source: Ministry of Education, Finnish Government

12.12. Finnish schools are the World’s most surprising school systems. The Finnish school system develops children as matured citizens. This enabled Finland to be in the list of the best 10 countries in any of the Global Surveys including Human Development, Gender Equality, and Happiness etc.

12.13. The women and children issues in Kerala remind us that the laws we created to protect women and children have little effect as it is the “mindset” that has to be changed. Along with the mindset change, we need to develop/create kids schools, day care centers and pre schools which can develop our small children to face any situation. There is an urgent need to educate children on all aspects of life.

12.14. Children are born global. No matter where we go, infants’ exhibit same kinds of energies and sparkles of hope. There is something common in them all. They are all born with great potential, some of which is unique to them. No two are born completely alike. Yet almost immediately following birth, their environment begins to shape them, and they begin talking on a sort of cultural DNA, or sameness. Even though that DNA is good, in many cases it contains mutations that will ultimately rob the infants their unique identity. This really mutes every child’s true potential. Leadership Principles are focused to help children to take responsibility for their lives, 88 to work with others more effectively, and to do the right thing even when no one is looking. If the Country’s students and teachers had little hope, then the entire country had little hope of elevating its standards of living or cultural ambitions

12.15. The “Paths of Dreams” program developed by Maria del Carmen Acena, Minister of Education in the Civil war striven and economically turmoil Guatemala in 2003 that teaches the leadership and life skills at the High school Level was a grand success . More than 50 lakh Students have been taught the leadership principles which enabled the Guatemala students to leave the schools with skills for life, and committed to change the nation.

12.16. Educators around the globe are regretting. Educators are feeling enormous regret from the realization that over the past decade so much emphasis has been placed on raising test scores at the expense of students not learning some of the most basic skills needed for everyday life. In the process of focusing on academics they have failed to pass on to students more of a love of learning and a love love of life.

12.17. All Parents want their children to be happy, to be able to love, and to be loved. Parents want children to be competent at some things and experts at others, to find joy and meaning in life, be a good person, and contribute to society. Every child has at least one “superpower” and usually several. These are the skills, talents, and interests that come naturally to children and that give them pleasure. Our job is to encourage our children to find and nurture that potential whether it’s in art class, in math class, out in nature, in relationships, or in any one of the hundreds of possibilities for deep learning and meaningful engagement that exists out in the world

12.18. Charles Darwin was a mediocre and “lazy” student who loved fiddling with minerals, insects, coins, and stamps – hardly the kind of interests most of us assume to be precursors to changing the world. And yet he did. We also have to name and celebrate your child’s.

12.19. People are searching for a school where the kids are “nice”. Parents are tired of the constant competition and stress at the high pressured private schools and needs schools that values cooperation over competition

12.20. According to Max Weber “decent and hard working people with high aspirations make great nations, no matter what the odds are”. The Good values we should create in our people are 1) Hard Work, 2) Honesty, 3) Austerity, 4) Focus on Entrepreneurship in bettering life of individual and society

12.21. The Leadership Schools in the US are good example for child care, day care and child grooming and a medium through which creative children can be molded. . The concept involves today’s people. It involves our future. Whoever you are – a professional educator, a concerned parent, or a foresighted political or business leader – the Leadership Schools are the 89 source of an invigorating breath of fresh air, a reason to celebrate and an inspiration call for action. Leadership Schools are an exciting trend – one that is producing tangible, sustainable results. A community of committed, creative, and caring professional educators who have synergistically joined forces with parents, civil leaders, and business proprietors to bring about a new level of hope in education

12.22. The Leadership Schools in USA started as an outcome of the most popular leadership book of that times, “ The 7 Habits of Effective People” written by Stephen R Covey which was published in 1989. The 7 habits described in the book are 1) Be Proactive, 2) Begin with the end in mind, 3) Put First things First, 4) Think Win-Win, 5) Seek First to understand, Then to be understood, 6) Synergize, 7) Sharpen the Saw. After reading the 7 habits book , Mr Chuck Farnsworth, Superintendent of Schools, Indiana, USA approached Stephan R Covey the author and informed that 7 Habits had an important role to play in the field of Education , it should be taught in schools and he was passionately determined to lead the change. He began by talking the 7 habits to school administrators and teachers . Afterwards nearly half million professional educators have been trained in 7 habits with many of them being certified as School Facilitators

12.23. In 1999 an Elementary school principal named Muriel Summers wanted the 7 habits to be taught in the Primary Schools. She wanted these habits to be taught to the very young children- as young as 3 to 5 years. What Muriel and her talented staff initiated after the above discussion created the “LEADERSHIP SCHOOLS” under the Govt School Sector which was a great success. At the Leadership Schools, Leadership principles have been taught to elementary school students- even 4 year old kids in A.B. Combs Elementary School – a govt public school located in a quiet neighborhood in Raleigh, North Carolina in the USA . “We had been doing character education for years and it did not do a thing. When I first started telling people about the leadership option, there were several nay-Sayers who thought it all a bunch of “fluff”. But now they are believers” Comments Leslie Reilly, Seminole County Public Schools, Florida

12.24. What the educators are doing a Leadership Schools is teaching basic leadership principles to young students – as young as 3 to 4 year old. They are teaching oft neglected skill sets for making good choices, for getting along well with others, and for managing time wisely. Students are provided with opportunities to apply those skills learned by giving students leadership opportunities in the classroom, in the school, and in the community

12.25. People may often ask, “Does our children have to be a leader to go to Leadership Schools?” Absolutely not. Leadership schools are for all children, regardless of socio economic status, ethnic backgrounds, or academic ability. Students who cannot excel at academics will excel in other areas. For Example a “Special Need Student” who may be weak at academics can be assigned to be the first person to welcome VIP visitors

12.26. All students are assigned leadership roles and many decisions are made by students, not teachers. The tradition of the school is the “tradition of CARING”. Hallways of 90

the Leadership school are full with quotes and murals promoting high standards. Inside class rooms are empowered, hardworking teachers. Their approach is unique and may even surprise you. Their intent has not been to prepare students to become CEOs or World Leaders, but rather to teach them how to lead their individual lives and how to succeed in the twenty-first century. Highly credible and principle-based solutions are emerging from those schools.

12.27. We only get one chance to prepare our students for a future that none of us can possibly predict. What are we going to do with that one chance? Today’s young people, our children, belong to the most promising generation in the history of the world. They stand at the summit of the ages. They also stand at the crossroads of two great paths. One is the broader, well- travelled path that leads to mediocrity of mind and character, and to social decline. The other is a narrower, “less traveled” uphill path leading to limitless human possibilities. This is the only hope of the world. Every child can walk this latter path, if shown the way. But the latter part needs to be created from zero. But who will create it, show the kids and their parents the way;. It is you and me. Where will they learn how, if not in the home or at their school? When it will happen?

12.28. An ancient Chinese proverb goes like this: “If you think one year ahead- sow a seed, If you think ten years ahead – plant a tree, If you think a hundred years ahead – educate the people” . But how to educate, what to educate and where to educate is the issue. Let us see some of the live issues

12.29. The Big Issues is kids schooling……… “I want to see my three smallest children – 8,7 & 6 year old – educated without all the approval-seeking brainwashing existing schooling system which destroyed my eldest child who is 14 years old. I have watched that all start out bright and eager, enjoying preschool and kindergarten as a satisfactory experience, only to be pressured into conformity. One is so indoctrinated that her teacher describes her as a “sweet” child and a “good influence on the class” Horrors! My 7 year old son resisted in first grade and now, this obviously gifted, secretly frustrated treasure has been branded as troubled and a proverbial handful. The youngest, almost six, was consistently criticized for being a disruption because she tried to do things that were “not part of the day’s lesson” or “unrelated to what we must accomplish in kindergarten.” She was the most resistant and stubborn about her opinions, but her teacher couldn’t accept it when I suggested that the child might have an opinion. The teacher told me that kindergarten children are too young to have formed any opinions about anything and that even if they did it wouldn’t matter because the school system knew the best way to structure her education. Do you know of anywhere that I can get them educated without all the nonsense? Is there - may be - an experimental school somewhere that applies the sort of freedom and self-love techniques that you espouse 91 in combination with sound academic goals to develop not only well- educated but also well-adjusted students?” – These are the words of a real parent from the most developed country in the world the USA.

12.30. “Please understand the importance of loving the child for himself and not for what we expect her to be. I see so many damaged, hurt, scarred, walled egos in my classes every term that I spend most of the term just loving and accepting these kids, most of whom are truly beautiful human beings and just do not believe it because they’ve never been told. You can knock down an inflated ego with a few well-placed words. But it takes a lifetime to boost up an ego that’s broken by well-meaning parents who don’t want to “spoil” the child” – These are the word of a real teacher from the same country which exposes the present teaching system.

12.31. Everything is changing except education…….. Everything is changing. Change is a basic component of our reality. Everything will always be changing. As human beings, we are constantly in a state of change. This applies to the field of child rearing, teaching, kids bringing up etc also. The important question to ask is not whether we like change. It simply does not matter if you like it or not; change will go on independent of your opinion about it. The real issue is how do we equip and teach our children to handle this phenomenon called change, and how do we deal with it in our daily life? The child who grows up to accept change as a way of life, to welcome change as a part of being a highly functioning person, is on the road to a wonderfully fulfilling life. On the other hand, a child who is intimidated by change, who avoids new experiences, who fear failure and consequently stays only with the familiar and the “safe” way is destined for an unawakened life. It appears that it is unhappy people who most fear change. Teaching your children to welcome change involves adopting new attitudes and behaviors in our everyday dealing with kids. Learning to embrace change shall begin with parents/teachers examining their own attitudes and behavior toward the unknown for them and the kids.

12.32. The tragedy is that Parents and Teachers spend a great deal of time training children to avoid the unknown, resist changes by encouraging them to adopt the adult point of view without questioning. We teach them to be obedient and to never question an authority figure be it the parents, teachers or elders. At the same time – as fully grown up adults – we realize that any person who fears the unknown has placed the largest restriction to his own appreciation of life directly upon himself. The person who invented the WHEEL did it because he believed in trying something new, rather than staying with the familiar. All inventors are willing to wander off into the unknown territory. As a parent/teacher we have to look first at our own attitudes and behaviors towards the unknown. We have to help 92 children to embrace, rather than fear, change and the unknown. Growth means change, and change means testing ourselves out in new arenas with a strong inner sense of excitement rather than fear. We should help children to shift from a fearful mentality about change and the unknown to one of warmly embracing - with sensible caution, but with unabated enthusiasm – anything that sparks an interest inside kids. William Saroyan had this to say about failure “Good people are good because they’ve come to wisdom through failure” Thomas Edison, who dabbed in the unknown almost all of his life, was inspired to say “Show me a thoroughly satisfied man and I will show you a failure”. When a reporter asked Thomas Edison how it felt to have failed 25,000 times in his efforts to create a simple storage battery, his reply was unique to great no-limit spirits: “I don’t know why you are calling bit failure. Today I know 25,000 ways not to make a battery. What do you know?”

12.33. We are not parenting/teaching Kids/children to be happy………. The fact is that most of us do not know how to go about helping children to learn how to enjoy life because we have not learned that simple secrets ourselves. We cannot teach what we do not know. We assume that having lived longer gives us wisdom that a young person should welcome. And nothing could be further from truth. Learning how to enjoy life is an ATTITUDE.

12.34. Far too often we place an extreme value on learning rules, obtaining knowledge, achievement, acquisitions, and external rewards, such as a career slot and the ability to make money. All these are achieved or tried for at the expense of the far more consequential quality of “SIMPLY BEING ABLE TO BE HAPPY”

12.35. The biggest questioned to be answered is “WHAT YOU KNOW Vs HOW YOU FEEL?”. This is nothing but knowledge or feeling. Feelings, or emotions, are the most significant side to our lives, yet we almost ignore it as we overemphasize the acquisition of knowledge in both our homes and at our schools. Educators have faced this dilemma for centuries. The “AFFECTIVE” (feelings) versus the “COGNITIVE” (knowledge) approach is the technical label for the controversy as it applies to education. Schools spent better than 95% of their time, funds and energy on the cognitive side. Parents spend the same amount of their energy and time in developing the cognitive domain, and we all know in our hearts that our emotions take precedence in virtually all of life’s important situations.

12.36. Even Education Celebrities are helpless…………… Hundreds of well known educators are aware of this issue and dilemma. But nobody had taken up this critical subject even though it affects the wellbeing of their own kids and children. We cannot wait any more. The Education System needs to be changed now. There are no strict government rules on the teaching method, 93 course curriculum or qualification of the teachers in schools up to class IV. Hence any type of innovations in teaching up to class IV is possible

12.37. We Kill/destroy Creativity and Innovation in the kids at the very beginning…The disturbing fact is that most of the parents/teachers do not know how to go about helping children to become risk takers when they are 12 months old. A Kid’s creativity and innovation starts get destroyed from 12 months old itself. We do it to make parenting/teaching easy. A baby who is assisted with every tiny struggle will soon get the message” A big person will do it for me, so why should I give it a try?” When the baby is trying to feed himself by thrashing around with a spoon, hitting his nose and forehead, just wait a few moments. Wait until you catch a baby doing something right, and then give positive reinforcement. Applaud and clap your hands when his food finally hits his mouth, and watch him smile. Let toddlers dress themselves if they want to, even if their cloths are inside out now and then. Allow babies to work a bit when they are crawling over a pillow on the floor, or trying to pick up a toy with their newly developing fingers. Teach them perseverance early and reward them early for it. Every child in the world says, “ I can do it myself, Daddy” almost every day , until and unless he is thoroughly indoctrinated to believe that he does not have a mind of his own and that only mummy and daddy can do it for him. Teach them from the beginning that they can explore their own tiny life space without constant interruption from a big person rescuing them and teaching them to give up almost before they even start walking . This kind of parenting and teaching develops an inner security within the kids. This will lead to a sense of faith in oneself to be able to handle any circumstances, the willingness to believe in oneself, to know that the only real security lies within oneself when the kids become children. Henry Ford, who amassed great wealth in his lifetime, was once quoted as saying “If money is your hope for independence you will never have it. The only real security that a man can have in this world is a reserve of knowledge, experience, and ability”. When we parents/teachers have this philosophy as a way of living our life, and teach kids/children the difference between these approaches on security, we will be encouraging our kids to become risk takers. This attitude of parents/teachers will create self reliance in kids/children. Self-Reliance, when fostered within a child for a lifetime, encourages risk taking rather than fearing it, and creates a kind of inner security which tells the child realistically that “ If I am going to get where I want to be in life, I cannot rely on anything but myself in order to make it happen, since I am the only person that I am absolutely certain will be with me at all times, whenever these problems in life crop up> if I 94 am all I’ve got, then I want to be certain that I can call upon me at any time”. This is the essence of making a kid/child a risk-taker

12.38. What do we want for our Kids/Children? The real issue is to identify “WHAT DO WE WANT FOR OUR CHILDREN”? The following can be one or several of our answers

 I want my children to be happy, and to be free from hang ups in life  I want my children to know how to enjoy life and appreciate every day as a miracle  I want my children to feel successful and significant as people regardless of what they do  I want my children to have positive feelings about themselves and about life  I want my children to avoid being depressed and miserable  I want my children to have a strong sense of inner peace that will sustain through difficult times  I want my children to value the now: to take pleasure in life’s journey, avoiding over emphasis on a destination  I want my children to know that they are the designers of their lives, that they have the power to choose and change their lives  I want my children to be sensitive and responsible to, and have a reverence for, nature and humanity  I want my children to find and explore their potential and feel satisfied and challenged with a purpose in life  I want my children to feel loved and loving  I want my children to find opportunities that are hidden in life’s inevitable painful experiences  I want my children to be on friendly terms with physical and mental health

12.39. Parents do not seem to be obsessed with having their children become rich and famous, or to have a problem free life. Most parents will be realistic in their goals. The “ABILITY TO ENJOY LIFE REGARDLESS OF THE CIRCUMSTANCES AROUND US” should be the greatest priority in life. This is what we should provide to our children.

12.40. What we should teach our Kids? The innovation in Pre School & Primary School teaching shall start with the basic premise of what we want to teach our kids. Learning to manage our own emotions, to have self-confidence and self esteem, to avoid being depressed, afraid, stressful, anxious, worried, guilty, jealous, shy, and the like are the primary skills that our kids and children should posses. This will enable them to become a “NO LIMIT PERSON”. A No Limit Person is one who has high levels of self- respect and self-confidence, regardless of the situation has the greatest enthusiasm for themselves, feels a sense of belonging to the world, will seek out the unknown and wander around in the mysterious, and sees life as a miracle rather than a bother. They will trust themselves and be willing to take risks. They will not be a complainer but a doer instead. They always take a cooperative approach to life. They will have a strong sense of humor, 95 which are fun to be around. They accept failure as a part of learning and are willing to try almost anything that interests them. They will be free from depression and unhappiness. The fact is that “REALLY IMPORTANT SKILLS ARE IGNORED IN THE NAME OF ACQUIRING AN EDUCATION”. The principal goal of parenting and teaching is teaching children to become a no limit person.

12.41. Need for a healthy positive self portrait………. In order to become a “No Limit Person”, possession of a healthy positive self portrait is a must. Once a strong self-portrait is in place, the opinions of others will never be able to immobilize the child. Positive Self Image is the single most significant attribute of a no-limit person. The child’s self image is a direct result of the kind of reinforcements he or she receives from their parents and teachers on a daily basis. Children have multiple self-images and these are constantly shifting between highly positive and fearfully negative. Children are dynamic and ever changing entities. Self-Worth and Self-Confidence are the general components of a child’s self image keeping in mind the child’s uniqueness.

12.42. Self Worth of a kid/Child……… Self Worth is a term describing a child’s own general personal view of himself as a human being. It begins with how he is viewed. If we see and treat our children as worthy, important, and attractive, then the child will generally come to believe the same things about him; thus the early seeds of self-worth are planted. Teach children to be worthwhile even when they fail. If children are always encouraged to see themselves as worthwhile, as having value, as being significant and important regardless of any particular performance, then they will have self-worth. The child learns to view himself as others around him view him, and then, as he matures, he takes the controls for his self worth into his own hands. It is the prime responsibility of the parents & teachers to do all that we can to keep children from assessing themselves as worthless- ever!. Even caring parents often interact with children is such a way as to promote a lowered self-worth picture.

12.43. Self-Confidence of a child……………. Self Confidence is measured in behavioral terms, while self-worth is assessed in attitudinal ways. Teaching children new behaviors is the avenue for building and sustaining self-confidence .Willingness to become a risk taker, the ability to challenge one, the capacity for courage and assertiveness – which all revolve around on key word called ACTION – are the components of self-confidence. Children build confidence by doing; not by worrying, thinking about it, talking about it, but by doing. Self-confident children challenge themselves, are willing to take risks, have no immobilizing fear of failure. Too often, because of our own fear of failure, or our own unwillingness to take risks, we encourage children to be “AS 96

THEY ARE RATHER THAN AS THEY CAN BE”. This is a very important concept in helping to build self-confidence. If you treat your children as they are, then they will stay that way and consequently have very low levels of self-confidence. If you treat your children as if they already are what they are capable of becoming, then you will be doing them a large favor in this self confidence endeavor. Self-confidence is learned by doing. The more experience the child has in as many new areas as possible, the more they will gain a sense of confidence about themselves. The important self –confidence builder is in talking to your children as if they were already achieving their potential, and conveying to them that you believe in them, as opposed to being a parent who points out flaws and constantly reminds children that they are limited in their abilities.

12.44. Action oriented people take risks and try new things even if they fail. They understand that no one ever learned to ride a bicycle by watching others, or become a dancer by simply watching movies of dancers.

12.45. Difficulty in managing an “ACTION ORIENTED CHILD” or a RISK TAKING CHILD” …Managing an “ACTION ORIENTED CHILD” or a RISK TAKING CHILD” is very difficult. It will be very difficult to manage such kids. Parents itself have to parent them. You cannot delegate the parenting of such kids to child care takers or servants. Who will rear the child? Who will forgo the job and salary? So many questions will be raised .But there is an alternative. If you raise your child without Self-Worth and Self-Confidence, they can be managed/ parented very easily. There are so many payoffs to the parents and teachers when we manage to lower the self image of our kids. Following are the pay offs

 An obedient, self effacing child which is easier to handle  Can dominate the child with your superiority  Can blame any and all failures on the child  Can rule the child by fear  Can avoid the risks that always go with establishing a loving relationship  Can avoid the conflicts which may arise within the family on raising kids

12.46. AVOIDANCE OF RISK, AVOIDANCE OF RESPONSIBILTY & AVOIDANCE OF CHANGE are the dividends the parents get when they control the self-worth and self-confidence in the kids.

12.47. Things which lower the self confidence and self worth in our kids and children……..If we make introspection, we can find that we the parents along with the school authorities are doing so many things which lower the self confidence and self worth in our kids and children

12.48. Here are some of the common practices which lower the self confidence and self worth in our children

 Telling our children that they are bad boys or girls 97

 Telling our children that they are good boys or girls , only when they behave properly.  Constantly catching children doing something wrong  Using pet names for children which contribute to a lowered sense of self-regard  Viewing children as “Apprentice People” who have not really arrived yet as total human beings  Treating children as part of one big whole unit, rather than as individuals  Refusing to give children responsibility  Criticizing children when they make mistakes  Speaking for your child, instead of allowing him or her to respond in the age-typical ways that a child will use  Modeling to your children that you are not confident and worthy  Talking about your children in front of them as if they weren’t there  Keeping your distance from your children, and refusing to touch, kiss, hold, wrestle, or play with them

12.49. Guideposts for raising the child’s self-esteem………………

 You must model self respect  Treat each child as a unique individual  A child is not his actions  Provide opportunities to be responsible and make decisions  Teach enjoyment of life each day  Provide praise rather than criticism

12.50. We become what we think about- Our thinking determines our self-image, which in turn determines our feelings and our behavior

12.51. Strategies for raising the self portrait of a Kid………

 Encourage kids/children to be risk-takers rather than always taking the safe road  Discourage children from any and all self-put-downs  Make an effort to reduce the emphasis on external measures of success  Work at reducing complaining and whining behavior in a child  Always focus your criticism(?) on a child’s behavior instead of his value as a human being  Encourage kids/children to be excited about everything in life and to always avoid trapping themselves with the “I’m bored” routine  Encourage kids/children to have independence rather than dependence  Teach children to be nonjudgmental  Encourage children to be honest with themselves- in fact, to be brutally honest.  Be aware of the importance of appearance  Encourage children to think in healthy ways rather than sick ways  Catch children doing something right, and remind them on a regular basis of how terrific they are  Trust children as though they have arrived as total, complete human beings, rather than as though they are on their way to something or someplace in future  Give children an opportunity to be unique and special person  Hold them, touch them, kiss them, by physical with them 98

 If you want them to feel attractive, beautiful, competent, and healthy, then show them a person who lives that way  Listen carefully to your children  Be involved in their age related activities  Encourage them to have their friends ”hang out” at your home  Read aloud with them at all ages  Be supportive of their efforts to be independent, rather than viewing their independence as a threat to your superiority  Help you children to develop positive self-pictures in their heads  Teach children to avoid self destructive self-talks

12.52. It is impossible to spoil a child under the age of 18 months with too much love and attention. ……… You cannot give them too much love as infants. The more you hold them, pick them up when they cry, cry with them, and meet all their needs, the more you are helping them to feel secure and loved from the first moments of life. Do not be afraid that you will spoil them by picking them up too often when they cry out as infants. They need to feel secure and safe; it will aid them in developing a strong sense of their own worth later on in their lives. Pick them up often, kiss them all the time, hold them, make them feel comfortable; keep them content and happy as infants. You will see a positive payoff for this kind of loving attention when they are young. The self-image is formed by the love that parents provide for the infant. In addition to providing as much physical contact as possible- holding them, rocking them, sitting with them, and talking gently to them – try to perform these seemingly trivial actions, which are crucial in the development of a secure baby?

12.53. The Japanese Culture………Child’s self image ought to be of great concern to parents/teachers, as it is something that parents have a great deal of input in creating. The Japanese culture indulges its children because they are expected to succeed in school and work and then support and indulge their aging parents. The Japanese have been immensely successful in this regard. They work at developing a child’s self perceptions in such a way that the child comes to expect to be happy and successful.

12.54. The biggest challenge parents’ face is that schools do not have a curriculum for developing no-limit people; in fact, they often work in opposition to these objectives. Kids and Children will have to acquire these skills from the real world. There should be a new thinking and immediate action in this subject. We must maximize our skills in teaching our children to be as powerful and as healthy as they can possible be, within the area of their lives that we are calling the “how you feel” dimension. We want our children to learn the specifics of no-limit living, and we can help them to attain these high-level skills through our own parenting and teaching efforts. As a wonderful spin-off goal, perhaps we will become equally powerful and healthy, the affective corner of our world. What we – parents 99

and teachers- must be careful, exceedingly careful, to ensure, is that we do not take these qualities out of our kids and children in our zeal to have them become “successful” by our external measures of that concept.

12.55. As a parent and as a teacher , our primary concern ought to focus on what our children think of themselves, rather than attempting to shape their attitudes toward other people, things, and events

12.56. In order to have a Gender Equal state, we have a wild dream. Our dream is a “World full of ‘educated’ parents who are raising their children to become fully functioning NO LIMIT CHILDREN who in future will turn to be a GENERATION OF EMOTIONALLY STABLE & HIGHLY MOTIVATED ADULTS who no longer think in the DESTRUCTIVE TERMS that has dominated our world now”. John Ruskin wrote, “That Country is the richest who nourishes the greatest number of noble and happy human beings”. The greatest legacy we ever can inherit is the possibility of educating the people and creating whole nations where the majority of the people are NOBLE & HAPPY HUMAN BEINGS”.

12.57. We can honestly say that for the last 30 years or say in our entire life “we have often preferred the company of children to adults, that we love to play, be around, tease, wrestle with children of all ages . The laughter, the determination, the wondrous excitement for living that the kids/children share is a universal trait. To understand it we have to rear Childs. The most important task the world has now is “the raising of children in such a way as to leave our world in the hands of people who can not only manage it and themselves effectively, but who can finally make this world a place of peace and love forever”.

12.58. There are many provocative quotations about the raising and schooling of children, but the most provocative is that of John Wilmot, the Earl of Rochester back in the 17th century “ Before I got married I had six theories about bringing up children; now I have six children and no theories”. There is a powerful amount of truth in the above statement. Nothing renders us less “all- knowing” than having the responsibility of raising children on a daily basis. We should be helpful and practical instead of theoretical. We should be able to apply what we propose. People engaged in the field of Parenting, Child Care and Kids teaching should change. Three issues are there. 1st step is that people – who are in the field of child care - should identify what it was that they were doing which could be labeled self defeating , to simply identify the behaviors that were not working for them in the field of child rearing. 2nd step is to see the payoffs, or the “neurotic dividends,” for these self destructive behaviors. The 3rd step - based on the first two steps - is to 100 come up with intelligent, practical, and implementable new behaviors to help them to change.

12.59. More than provocative quotations, heart breaking issues are not answered by anybody in the field of kid’s education. Here are some of the heart breaking issues and comments. “At school, creativity was suppressed and crushed. It was something that teachers and authorities actually feared. They regarded it as dangerous, something they couldn’t control. They steered students away from it in the same way they steered them away from drugs, burglary or gambling. At Art College, I found the opposite. The spirit was one in which mistakes were good. Where you could try and fail. There was no emphasis on getting it ‘right’. There was an air of freedom and release.”. Writes ROD JUDKINS author of “THE ART OF CREATIVE THINKING”

12.60. Rod Judkins continues, “School and society make us feel our abilities are limited and rob us of our creative confidence. Although we are born with incredible imagination, intuition and intelligence, many people are trained not to use these powers, and as a result they wither. Our schools, families and friends project a limited view of our abilities onto us. We get only one chance to prepare our students for a future that none of us can possibly predict. What are we going to do with that one chance?”

12.61. Whether we can develop/create day care centres, pre schools and formal schools where the incredible imagination, intuition and intelligence of the young kids of say 2 to 3 year old are nurtured and nourished along with their advancement in education from pre school onwards ?. Finland Education is a model.

12.62. We tried and studied many established schools, Kindergartens, Play Schools. Everywhere disciplining is going on, in some schools best infrastructure is provided, some schools have the best surroundings, but nowhere could we see teachers or other involved in the management of nursery schools developing or retaining the creativity of the students. We come alive when we are generating something we consider worthwhile. The creative drive is on with the projects that matters to them. If we feel what we are doing is of real significance we devote all our energy and time to it. Doing what matters is what matters. Whether we can redesign the existing schools or should create new schools ? Don’t be distracted by the views of others: focus on what engages and inspires us. The most exhilarating experiences are generated in the mind, triggered by information that challenges our thinking. 101

12.63. If you’re excited by a subject that no one else is, all that should matter to you is that you’re interested. Revolutionary thinkers who create totally new ideas are driven by their interests, not whether or not others are as interested.

12.64. Freedom to doubt is the most important aspect of our culture. Doubt should be promoted. Many fear the consequences of doubt but it is a door to new potential. Doubt is the key to unlock new ideas. Einstein doubted Newton. Picasso doubted Michelangelo. Beethoven doubted Mozart. That is why they moved things forward.

12.65. Self doubt and Passion are a powerful combination. Many successful creative people, celebrities, entrepreneurs, writers and artists experience deep feeling of inadequacy and secretly worry that others will find out that they’re not clever and capable. But self doubt keeps all of them diligent.

12.66. Gender discrimination can be totally eliminated by a new Mindset only. A new Mindset can be created by giving proper education. Proper education is an education which combines the best success learning experiences across the globe. In order to understand and assess the best practices, we should know about them, study them and take the best out of it. Our Kerala Experience is that we leave – or is forced to leave – the school curriculum to be designed by the government employees unions, teachers unions and trade union leaders. The fact is that those who develop the school curriculum do not send their children to those schools where their curriculum is taught, but send their children to established prime private educational institutions where a different set of curriculum is taught. There are short term and long term plans to eliminate gender discrimination. Laws, rules, strict orders etc are short term law enforcing agency driven initiatives. But the new model schooling discussed above and the proposed sex education is schools which is detailed in Chapter 18 are long term plans for total elimination of gender inequality for which we have to lay the foundation stone today itself.

12.67. The Policy makers have to study the best practices followed the best 10 countries in the areas of gender equality, best schooling, best day care centers or kids schooling which will free the women form child care and 102 which will enable women to go for work and employment . There are several global reliable indexes and ranking which can be taken as the yardstick to assess these areas. Nordiac countries, out of which Finland is the best on all parameters taken together, can be the best example as far as Women safety and Child Care and Child Education are concerned. This is all the more important as the numerous measures initiated by the Government had not reduced the attack on women and children but had increased it substantially. The specialist bodies like the Human Rights Commission, Women Commission, and Child Commission etc need to be sensitized on this new thinking. Experts from the related field should become Chairman and Members of these high powered bodies. It should not be a place for political appointments. All the initiatives, policies and directions of these Commissions should be widely debated in public domain before a decision is arrived. These Commissions should understand the objectives of their constitution and should develop an action plan. It should not take up and debate trivial issues and cover up major women and children issues. The need of the hour is child protection and protection of the girls and women. School Education is the critical area where maximum care is to be shown. Sex Education in schools is dealt as a separate chapter and what was discussed above is the “out of box thinking” prevailing in various parts of the world and new thinking in education from selected areas.

12.68. A recent article which appeared in Malayalam weekly dated 25.09.2017 highlights the plight of the teachers/ facilitators working in the Dare Care Centres , Baby sitting institutions where they do not get even Rs 5000 as monthly salary but undertake the most difficult task in the entire field of education ie caring and developing childs. Anganwad teachers also has similar issues. As noted earlier in another part of this study, the Nursery School teachers have the highest educational qualifications among all types of teachers from schools to colleges and have the maximum salary in countries where the schooling is the best. The indexes discussed earlier prove it.

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Chapter 13 Women Specific Legislations 104

13.01. The Judiciary System in India is one of the most crucial pillars of change in the society. It is a fact that many of the pro women legislation in India were enacted upon the directions of Courts. There are so many historical judicial pronouncements of the Supreme Court and various other courts in India, which is in favour of women. This in turn also laid further stress on the people representatives to effect various amendments to several laws including the Constitution of India.

13.02. Many of the Judicial Activism in India had happened in the area of women empowerment. Most of the women empowerment happened through judicial activism and connected landmark judgments like

 Air India Vs Nargesh Meerza  Githa Hariharan Vs Reserve Bank of India  Vishakha Vs State of Rajasthan  Apparel Export Promotion Council Vs A K Chopra  Indian Railway Board Vs Chandrima Das  Mohd Ahmend Khan Vs Shah Bank Begum  Bodhisattwa Gautam Vs Subhra Chakroborthy  Deelip Singh Vs State of Bihar  Madhukar Narayan Nardikar Vs State of Maharastra

13.03. Most of the above cases are the result of judicial activism. More than judicial Activism, it was an act from the judiciary where the legislature lacked the will or was influenced by the vested interests from enacting the required legislations in tune with the development and social changes. Where the legislature defaulted, Judicial Activism substituted that failure.

13.04. Judicial Activism may be defined as the pro-active role played by the judiciary in ensuring that the rights and liberties of the people are protected. It may be understood as the role of the court in stepping out from its normal interpretative role. When the Court moves beyond its normal role of mere adjudicator of disputes and become a player in the system of the system of the country laying down principles and guidelines that the Executive must carry out, that role of the court may be said to be judicial activism. Perception of judicial activism is bound to be subjective depending upon the social philosophy and conception of judicial function held by a person. Judicial Activism is a weapon in the hands of judiciary in favour of social interest or for common good. The judicial activism mainly stems from the failure of the other two wings of the State. When the democratic institutions are extinct or moribund court activism is the only hope of justice for the citizens. Where the government fails to govern, the civil service is neither civil nor service, the police is more an oppressor than a guardian of law, parliament and state assemblies are just costly debating centres, the judiciary only remains the last hope for the people. Judicial Activism reached its glory when the Supreme Court in S P Guptha’s case pronounced that any person 105

could file public interest litigation for another affected person who are deprived or underprivileged and could not approach the court for the redressal of grievances.

13.05. In our country Judiciary is known as the independent wing of the government. This independent Judiciary has two roles 1) the traditional role of interpreting the laws, 2) to go beyond the statute and to exercise discretionary power to provide justice. Under the doctrine of separation of powers, the judiciary generally does not make law ( that is, in a plenary fashion, which is the responsibility of the legislature) or enforce law( which is the responsibility of the executive) but rather interprets law and applies it to the facts of each case. Another important role of judiciary is to make precedent for the public interest or for welfare of the society where there is no specific law or where there is law but judiciary expanding the dimension of such law and giving a new and different decision than previous decision of the court. Sometimes precedents are also known as Judge Made Laws.

13.06. Law is powerless and requires a strong agency to maintain its existence. The level of implementation and the capability of the executor determine the fate of law. Judges apply discretionary power to provide better justice to women in the new socio economic situation. Judiciary has played an active role in enforcing and strengthening the constitutional goals towards protection/rights of the women of the land. The courts in India have tried to interpret laws in consonance with the international treaties and conventions. Most of the women related cases referred in the initial paragraphs of this chapter are land mark judgments – delivered as a part of judicial activism - which positively affected the rights of women

13.07. Profile of Centre for Consumer Education – the originator of this study – which is attached as the last chapter of this study –proves that Public Interest Litigation can go a long way in solving many of the problems of the common man. From 1998 onwards more than 20 Public Interest litigations were filed before the Supreme Court of India and Kerala High Court which resulted in several landmark judgments in various fields.

13.08. The term “Public Interest Litigation” and locus standi was analysed in detail in para no 16 to 18 in OP No 14276 of 1993 (Nature Lovers Movement, Tiruvamkulam Vs State of Kerala) popularly known as the “Pattayam Case” decided by a Full Bench of the Kerala High Court comprising of Mr Justice P A Mohammed, Mr Justic G Sivarajan and Mr Justice M R Hariharan Nair on 7th October 1999 in which Adv Johnson Manayani represented the 16 farmers of Idukki who were respondents 6 to 21 . ( The judgment is reported in ). Following observations were made in the 17th para “ Public interest litigation contemplates legal proceedings for vindication or enforcement of fundamental rights of a group of persons or community which are not able to enforce their fundamental rights on account of their incapacity , poverty or ignorance of law. ……… In “The Discipline of Law” in page 144 Lord Denning said “The ordinary citizen who comes to the court in this way is usually the vigilant one. Sometimes he is a mere busybody interfering with things which do not concern him. Then let him be turned down. But when he has a point which affects the rights and liberties of all 106 the citizens, then I would hope that he would be heard; for there is no other person or body to whom he can appeal”. This entire report, the hard work behind it and the efforts of so many people were sourced on the principle that this is a VIGILANT act which affects the rights and liberties of all the citizens.

13.09. As a positive outcome of the judicial activism and landmark judgments, various new legislations have been brought and amendments have been made to existing laws to protect the interest of women including domestic violence. Most of the countries have laws on domestic violence against women and laws on sexual harassment. Seven countries- Belgium, Canada, Estonia, Iceland, Morocco, Netherlands and Tunisia- have no explicit law on domestic violence but have addressed the issue by intensifying penalties when criminal offences are committed against spouses or within the family. But it is reported that specific laws on domestic violence provide clarity by addressing the unique elements of intra- family violence and incorporate mechanisms to protect and support women seeking assistance.

13.10. India has 7 Women- Specific legislations and 45 legislations which have women related clauses. There are several state level women laws also. Although all laws are not gender specific, the provisions of law affecting women significantly have been reviewed periodically and amendments have been made in existing laws with a view to handle crimes against women. The Criminal Law (Amendment) Act, 2013 is the latest one. This act was introduced to amend the Indian Penal Code, the Code of Criminal Procedure,1973 , the Indian Evidence Act, 1872 and the Protection of Children from Sexual Offences Act,2012 to introduce women protective/ friendly clauses. The immediate provocation for the amendment was the Gang Rape in New Delhi of a 23 year old women passenger in a public transport bus by 6 people during December 2012.

13.11. Progress in improving laws to protect the interests of women has been slowest in areas that regulate regulations within households. Many programmes and policies seem to stop at the household’s doorstep and avoid interfering with relations within households. The way in which the women specific laws are implemented had created a highly sensitive debate in Kerala. Kerala may be the only state where violence against women had taken the form asnd shape of political issues with the hidden agenda of political benefits to some and political disadvantages to others. There are so many instances where “women specific laws” are used selectively to help those in power and these laws are totally discarded in the cases of poor and the marginalized. The Perumbavoor Women Murder Case – where the name of the women who was raped and killed– was extensively used for an assembly election (2016) in Kerala. At the same time, there was a ban to not to name the women in the case of the “attack against a film star” – (2017) both cases 107

having the same context. These types of Kerala specific issues need to be discussed in detail here based on the public comments which appeared in news papers. Before discussing in detail the debate on the political agenda behind the propaganda of violence against women, an understanding of the women specific and women related laws in India is essential.

13.12. Following are the women specific legislations in India

Table 19 - WOMEN SPECIFIC LEGISLATIONS in INDIA Immoral Traffic (Prevention) Act,1956 The Dowry Prohibition Act, 1961 The Indecent Representation of Women (Prohibition) Act, 1986 The Commission of Sati (Prevention) Act, 1987 Protection of women from Domestic Violence Act,2005 The Sexual Harassment of Women at Workplace (Prevention, Prohibition & Redressal)Act, 2013 The Criminal Law (amendment) Act 2013

13.13. Following are women related legislations in India

Table 20- WOMEN-RELATED LEGISLATIONS in INDIA Name of the Act The Indian Penal Code, 1860 The Indian Evidence Act,1872 The Indian Christian Marriage Act, 1872 The Married Women’s Property Act ,1874 The Guardians and Wards Act ,1890 The Workmen’s Compensation Act ,1923 The Trade Unions Act,1926 The Child Marriage Restraint Act,1929 The Payment of Wages Act, 1936 The Payments of Wages (Procedure) Act,1937 The Muslim Personal Law (Shariat) Application Act,1937 Employers Liability Act, 1938 The Minimum Wages Act, 1948 The Employees’ State Insurance Act, 1948 The Factories Act , 1948 The Minimum Wages Act, 1950 The Plantation Labour Act 1951as amended during 1953, 1960, 1961, 1981 and 1986 The Cinematograph Act, 1952 The Mines Act, 1952 The Special Marriage Act, 1954 The Protection of Civil Rights Act1955 The Hindu Marriage Act,1955 The Hindu Adoptions & Maintenance Act, 1956 The Hindu Minority & guardianship Act,1956 The Hindu Succession Act, 1956 The Maternity Benefit Act, 1961 The Beedi & Cigar Workers ( Conditions of Employment) Act 1966 The Foreign Marriage Act ,1969 108

The Contract Labour (Regulation & Abolition) Act, 1970 The Medical Termination of Pregnancy Act,1971 The Code of Criminal Procedure, 1973 The Equal remuneration Act, 1976 The Bonded Labour System ( Abolition) Act, 1976 The Inter-state migrant women ( Regulation of Employment and Conditions of Service) Act,1979 The Family Courts Act, 1984 The Muslim women (Protection of Rights on Divorce) Act, 1986 The Child Labour ( Prohibition & Regulation) Act, 1986 The Legal Services Authority Act, 1987 Mental Health act, 1987 National Commission for Women Act, 1990 Human Rights Act, 1993 Juvenile Justice ( Care and Protection of Children) Act,2000 The Pre-Conception and Pre-Natal Diagnostic Techniques ( Prohibition of Sex selection) Act,1994 The Prohibition of Child Marriage act,2006

13.14. As the National Commission for Women , Plot No 21,FC 33, Jasola Institutional Area, New Delhi 110 025 ( e mail : [email protected] for member secretary and [email protected] for joint secretary) in its website had uploaded the entire laws – both women-specific and women-related – which is very helpful for those who wants to take up the cause of women, detailed discussion on the laws are not attempted here. So lack of knowledge of the law is not the reason. At least the guest speakers in the evening news channel discussions should read these laws and make comments. But the tragedy is that, in spite of “half a century” of laws, violence against women is increasing.

13.15. When everybody is complaining and accusing that the unlimited, unrestricted exhibition, transmission and sharing of indecent images of women- including pornography- is the root cause of the ever increasing violence against women in Kerala, the tragedy is that there are strong law against such acts. One such law is “The Indecent Representation of Women (Prohibition) Amendment Bill, 2012.But nobody is interested to enforce it. Almost all print and electronic media is violating it on a daily basis. Most of the internet providers are violating it. And mobile providers – especially Reliance Geo – are violating it.

13.16. The Statement of objects and reasons for enacting the “The Indecent Representation of Women (Prohibition) Amendment Bill, 2012 is stated as “The Indecent Representation of Women (Prohibition) Act 1986 (the Act) was enacted to prohibit indecent representation of women through advertisements or in publications, writings, paintings, figures or in any other manner. However, the Act in its present form relates primarily to the print media. Since the enactment of the Act, technological revolution has resulted in development of new forms of communication, such as, internet and satellite based 109

communication, multi-media messaging, cable television etc. It has, thus become necessary to widen the scope of the Act so as to cover the above forms of media. Further considering that the National Crimes Records Bureau recorded a total number of 845, 895 and 453 cases of violations of the provisions of the Act in the years 2009, 2010 and 2011 respectively, for the law to become more effective, stringent punishment which acts as deterrent also becomes essential. It is also felt that the power to enter any premises and conduct search and seizure of any material, if there is reason to believe that an offence under the Act has been committed, should be made more effective and the officers conducting such searches are given sufficient protection while carrying out their duties under the Act. It is, therefore, proposed to amend the Indecent Representation of Women (Prohibition) Act, 1986 to ensure more effective protection to women against their indecent representation.

13.17. “The Indecent Representation of Women (Prohibition) Amendment Bill, 2012, inter alia provide to (a) define the “indecent representation of women” to mean the depiction of the figure or form or body or any part thereof, of a woman in such a way as to have effect of being indecent or derogatory to or denigrating women or is likely to deprave, corrupt or injure public morality (b) amend the definition of “advertisement” and “distribution” and also to define “electronic form” , “material” and “publish”, (c) prohibit the publication or distribution of any material , by any means, which contain indecent representation of women in any form, (d) increase the maximum imprisonment from two years to three years and fine from two thousand rupees to a fine of not less than fifty thousand rupees which may be extended to one lakh rupees for first offence; and increase the minimum imprisonment for second and subsequent offences from six months to two years and maximum imprisonment from five years to seven years and minimum fine from ten thousand rupees to one lakh rupees and maximum fine from one lakh rupees to five lakh rupees; (e) amend section 5 of the Act so as to authorize any police officer not below the rank of Inspector to make investigation of offence under the Act “

13.18. A reading of the above statement of objects and reasons raises the issue of not blocking the publication of so many “indecent representation of women” in print and electronic media in Kerala and in many cases, channels, magazines and newspapers which take up the cause of violence against women are sponsoring such programmes with the help of the violators of the above law. The total inaction from the part of law enforcing agencies is because of this. The Police and other law enforcing agencies including the Women Commission have the powers to initiate criminal action against these indecent representations. This inaction is the biggest threat to women hood in Kerala

13.19. The Criminal Law (amendment) Act 2013 was the most revolutionary law introduced to protect the interests of the women. The 2012 Delhi Bus 110

Gang Rape was the reason for such a drastic amendment to the CrPC. In December 2012 the nation was shaken by the news of a dastardly gangrape of a 23 year old in a moving bus in the national capital New Delhi. Late on a Sunday night on 16th December 2012, the victim along with her male companion was returning from a screening of the film Life of Pi in Saket. Both of them were waiting to get an auto rickshaw for a ride back at around 9.30 PM. Around this time , an off duty charter bus driven by people not driving for commercial reasons passed them and offered to give them a ride to Dwaraka from Munirka. Soon, the victim’s companion noticed the route taken by the driver was different than normal and the doors of the bus had been tightly shut. When he objected to it, the bus occupants raised fingers at the boy and the girl saying why were they out at night so late. At this point, a scuffle ensued between the victim and her companion and the other occupants of the bus, which ultimately resulted in a bloody fight and the gang rape. The two victims were thrown out of the bus in half clothed and bloodied state. A passerby found them at 11 PM and rushed them to Safdurjang hospital where they were given immediate treatment. The victim remained in a critical condition until her death on December 29, 2012 at Singapore where she has been taken for further treatment. Her companion survived after being treated for a few broken ribs

13.20. The victim of this incident was born and brought up in Delhi while her parents are from a village in the Ballia district of UP. She was a physiotherapy interner . Her father had sold ancestral land in order to help her continue her education. Her male companion, Awindra Pratap Pandey, was a software engineer from Gorakhpur

13.21. The incident triggered massive protests throughout the country. On 21st December 2012 , public protests took place at India Gate and Raisina Hills. Thousands of people reached to protest with the protestors’ clashing with police and being deterred by water canon and tear gas shells. They were also baton charged and many were arrested. In order to prevent further protests, the police closed down seven metro stations, restricted the road leading to India Gate. Curfew was imposed.

13.22. The incident evoked reactions from politicians as well, with the then leader of the opposition Sushma Swaraj demanding death by hanging for the rapists. Then Chief Minister of Delhi Sheila Dikshit had described Delhi as the “Rape Capital” in many interviews and said she did not have the heart to meet the victim or her family. Akhilesh Yadav announced a fund for the victim’s family, giving them a government job along with Rs 2 million

13.23. Six days after the incident, a judicial committee headed by former Chief Justice of India JS Verma was constituted by the central government to amend laws that dealt with rape to provide sterner ways to punish such crimes. The committee submitted its report in 29 days after it received 80,000 suggestions for amendments to rape laws from many citizens including jurists, lawers, NGOs and Women’s groups. The Committee’s suggestions covered an ambit of offences that weren’t included in the law before among other suggestions. 111

13.24. The JS Verma committee recommended inclusion of stalking, voyeurism and intentional touching as an offence. It also recommended more stringent punishments for rapists and recommended the addition of the definition of “gang rape” in the law. The committee also recommended making marital rape punishable offence. It added other suggestions like gender sensitization, police and electoral reforms, and also a Bill of Rights. The committee also suggested a review of the way the medical examination of rape victim was conducted forms.

13.25. The Government of India announced the Rs 1000 crore Nirbhaya Fund in 2013 . These funds were aimed at supporting NGOs and other initiatives that aid in gender sensitization and ensure safety of women. The phrase “Nirbhaya Fund” came after the word Nirbhya was given to the victim as a pseudonym in order to not use her real identity, which was leaked in the media.

13.26. Based on the statements given by Awindra Pratap Pandey, the Delhi Police filed charges against five adult men for rape, murder, and kidnapping. The juvenile in the case was tried by the Juvenile Justice Board, was found guilty and served three years in a remand home. He was released in 2015. One of the adults accused, Ram Singh, died while in prison during the trial. The other four adults accused were found guilty by a trial court on September 10, 2013. They contested the judgment in the High court which confirmed the death sentence awarded to all four. They then appealed to the Supreme Court and on 5th May 2017, the Supreme Court upheld the death sentence.

13.27. The 2012 December Delhi Bus Rape incident created responses in Kerala also . In an article titled “Civil Police Officers also can register case” Mintu P Jacob in Malayala Manorama dated 30th Dec 2012 commented that 3 women civil police officers in each Police Sub Division is empowered to register cases in which women is a complainant. Even a Women IPS Officers Women Investigation team had started functioning in Kerala under the leadership of Smt B Sandhya IPS. All cases involving violence against women will be dealt in Kerala under the Central Acts and the Kerala Privacy of Women (Protection) Act . If any violence against women in any public institution is noticed, it shall be the duty of the officer in charge of that public institution to report such cases before the Police and if any unit officer fails in doing so he will be punished with 3 months imprisonment and Rs 5000 fine.

13.28. Five years after, another news in Deepika newspaper dated 28.07.2017 reports that many offices in Kerala including government and PSU Offices had not constituted the “Internal Complaints Committee” under the “Sexual Harassment of Women at Work Places” Act which enables women to make complaints against harassment. This is the state of affairs in Kerala. The Kerala Women Leaders and Feminists are more eager to get publicity in news channels than to actively follow up the implementation of women protective initiatives. Recently a women employee in Kerala State Road Transport Corporation (KSRTC) – the biggest state Public sector Undertaking in Kerala – has to approach the Hon High court of Kerala to get a direction to KSRTC 112

to constitute the “internal Complaint Committee” so that she can make a sexual harassment petition. In this case, the accused is the unit level leader of the biggest recognized trade union and also the senior superintendent of the KSRTC. The accused using his trade union and office influence even transferred the complainant to a far off hilly place which was subsequently cancelled. This is a classic case where influential people escapes from sexual harassment petitions.

13.29. Justice (Retd) D Sreedevi in an article in Malayala Manorama dated 30th December 2012 had demanded Fast Track Courts to deal violence cases against Women especially rape cases. A copy of her article is attached as Annexure 49. A news item in Malayala Manorama dated 1.1.2013 informs that Justice (Retd) V R Krishna Iyer in 1979 itself had recommended for diffusion of sexual interest in the male accused in sexual harassment cases as punishment rather than capital punishment.

13.30. The Chief Justice of Kerala Smt Manjula Chellur in the presence of the Chief Justice, Supreme Court of India on 27.01.2013 at Ernakulam had informed that the Kerala High court will constitute a special bench in the High Court of Kerala to deal with cases of violence against women . On the same occasion, the Chief Justice of India had requested/commented to have District Courts to deal with Juvenile cases. This news item has appeared in the 1st page of Malayala Manorama dated 28th Jan 2013, but nothing happened during the past 4 years.

13.31. There are so many examples to prove that women issues have its importance and attraction only when women violence becomes news and it evaporates within days after the incident based on the connections of the accused. Cases are registered or referred based on the political, financial and social standings of the accused. It is a known legal fact that the media shall not disclose the names of the women victims in violence against women cases. The action initiated in some selected controversial cases in Kerala of “violence against women” indicates that different yardsticks are followed in different cases. Two articles relates to the victim of Suryanelly Case. “What will happen to these cases ?” is the 1st of it , which is an article written by Smt K Ajitha in Mathrubhumi Weekly dated 10-16, Feburary 2013. The 2nd one is an article by Smt Geetha in Malayalam Weekly dated 1th July 2017 based on the indirect disclosure of the name of the victim in the Suryanelli Case by Siby Mathews IPS in one of his new books.

13.32. Recently the Kerala Police had warned that criminal cases will be registered against all people who discloses the name of the film star (victim) who is the victim in the violence against the film actor case - directly or indirectly. This law is applicable right from the Nirbhaya Case of Delhi during Dec2012. But the same was not implemented in the Perumbavoor Rape Killing case of April 2016. Sri Abraham Mathew in an article named “Nadum Nadiyum” in Kalakaumudi dated 5/3/2017 had questioned this stand quoting that the name of the victim women who was killed in the Perumbavoor Rape case was used extensively by all – right from the DGP, Chief Minister , Religious leaders etc. How can be 2 treatments for the same 113

issue ?. The Sunday Supplement of Malayala Manorama dated 7th May 2017 had published a full page article on this Perumbavoor victim quoting her name. In the case of the now famous case of the “Attack against the Film actress” , the police had warned against disclosing the name of the women victim and had registered cases against such dignitaries like former DGP Sri TP Senkumar IPS, Sri P C George MLA, Famous Actor Kamalahasan, Sri A N Shamseer MLA etc.

13.33. The issue of disclosing the name of the victim in the “Attack against the Actress” by Sri P C George MLA has gone to a stage where the State Women Commission Chief and Sri P C George had exchanged series of indecent statements and the Women Commission went to the extreme step of proposing filing a criminal case against P C George MLA. But the fact is that the same film actress, after the incident, went to the office of Vanitha Magazine on her own interest, made public what all happened on that day and exhibited 5 large pictures of herself in a 7 page interview in that magazine dated 14th April 2017. It is very clear that her intention was to publish her name on her own interest and everybody knew it. As per the existing law, if the victim discloses her name, the privacy clause is over. These are all serious issues to be debated in public as to the misuse of the protection given to women under various legislations. On 14.07.2017, the victim of the “Attack against the film actress” case issued a public news statement which appeared in all newspaper. Even the Prosecutor of this case informed the Angamaly Magistrate Court that the “Attack against the film actress” is a more severe case that the 2012 Delhi Bus Rape case ie the Nirbhaya Case. All are interested to get publicity and nobody is sincere in protecting or taking up genuine women issues. The Women Commission Chief went a step further by disclosing in an interview that a “PG George is sleeping inside every Male Malayalee” indicating the anti women thinking in every Malayalee – which is a bad move from a responsible person .

13.34. If the disclosure of the name of the victim is a criminal case, it should have been used against Sri Radhakrishnan, Former Speaker of Kerala Assembly . A report in Madyamom weekly dated 21/11/2016 by K Ajitha proves the point. Another article by Smt Bhagyalakshmi , famous Women writer and dubbing artist on the same Wadakkancherry issue high lights the double standards of the Rulers. If the name of the victim in cases involving “violence against women” is non publishable, how the newspaper reported the violence in the Kerala Assembly on 14.10.2011 where 2 MLAs , T V Rajesh and James Mathew are involved. The incidents which happened within the floor of the Assembly on 13.03.2016 while Sri KM Mani, then Finance Minister presented the State Budget , had become another issue where senior women legislators alleged sexual attack against them by male Ministers . All these incidents had become news with the name of the women legislators .

13.35. The now famous “Honeytrap Case” in which it is alleged that the Mangalam News channel fabricated a discussion between a women journalist and the then Transport Minister Sri A K Sassendran which has 114 sexy comments forced the resignation of the Minister and constitution of an enquiry Commission. This is considered as a heinous crime by any journalist or media person in Kerala so far. The Commission had submitted its report. It is found by the Commission that the Mangalam Channel CEO totally fabricated the conversation. Earlier the Mangalam CEO was arrested, but the women journalist – who knowing fully the after effects of such a fabricated sexual conversation in which the women journalist itself is an accused (?) – is not arranged as an accused .

13.36. The Supreme Court of India in a recent judgment had found that most of the cases filed under the various provisions Domestic Violence act and Sec 498 A were bogus cases or cases filed by women to settle personal scores with men including husband and his relatives. The Supreme Court further found that only 2 % of the cases filed against men by women under various sections of the “violence against women” cases were genuine. An article written by Dr P S Srikala in Mathrubhumi daily dated 09.04.2015 explains this. Desabhimani daily made an editorial on the same subject dated 2.8.2017. According to a news item which appeared in Mathrubhumi dated 19.12.2014, a Family Court at Kasargode had fined a women (wife) and directed her to pay Rs 6000 as monthly compensation to her husband against whom she had filed a false case of rape. Based on the newspaper reports the husband lost his job. According to a news item which appeared in Malayala Manorama dated 30.08.2017, the Govt of India had filed an affidavit in Delhi High Court in which the Government clarified that the sexual disagreements/issues among the husband and wife should not be treated as a criminal case. An article in the “Legal Services India.com” titled “ Succumbing to Feminism” reveals a true picture of the horror husbands may have to face if a husband is charged with rape from his own wife.

13.37. The latest question is about the legal status of a man in a “permitted and mutually agreed sexual relationship” between a man and a women. The Delhi High court in a recent case had decided that a women cannot file a rape case when she was in touch with a known man and circumstances prove that both had entered into sexual relationship with the consent of both. When both people are educated, the issue becomes more controversial. This report appeared in Desabhimani dated 26.09.2017. Recently two articles on the legality of the “mutually agreed sexual relationship” between a man and a woman had appeared in Mathrubhumi weekly dated 20-26 August 2017. The 1st one is written by Dr A K Jayasree tiled “ Permission should not be a trap and it is not eternal”. Another article in the same weekly titled “Angry Women are not like agitated men” and written by J Devika also raises the legality of man woman mutually agreed sexual relationship .

13.38. The attack on a Uber taxi male driver by three women in Kochi during September 2017 had become a major issue where the general public believed that the women after attacking the driver took protection under the pro women laws and registered a false 115

complaint. The High Court of Kerala interfered in the case and blocked the arrest of the Driver.

13.39. All the incidents and issues referred above raises the need for a new dialogue on the violence against women issues, the various legal remedies available, misuse of the legal remedies and need for fast adjudication of real women cases and a total revamping of the legal system ,laws and rules affecting the interests of women.

Chapter 14 Women in India

14.01. A total of 10,24,423 cases of violence against women have been registered across India in the past three years during 2014- 2016.This information was given by Mr Hansraj Gangaram Ahir, Minister of State in the Ministry of Home Affairs in the 116

Lok Sabha on 1st Aug 2017 responding to starred question No 237 on the situation of crimes against women in the last three years.

14.02. As per the statistics tabled by the Minister, these cases were registered under 23 heads of crime/offences. Following were the number of major cases by heads of crime/offence

Table 21 Cases of violence against women under various heads of crime Rape 1,10,277 Attempts to commit rape 14,390 Kidnapping and abduction 18,126 Dowry deaths 23,712 Assault on women with an intention to 2,49,385 outrage her modesty Insult to the modesty of women 19,153 Cruelty by husband or his relatives 3,46,757 Importation of girls from foreign countries 31 Acid attack cases 444 Attempt to acid attack 116 Deaths caused by act done with intent to 139 cause miscarriage Cases causing miscarriage without women’s 550 consent Human trafficking 1,827 Attempts to human trafficking 12,243 Indecent representation of women 125 Protection of children from sexual offences 11,568 Act Protection of Women from Domestic Violence 1,464 Act Immoral traffic Prevention Act 6,695 Foeticide 340 Procuration of minor girls 7,572 Buying Minors for prostitution 32 Selling Minors for Prostitution 314

14.03. Year wise registration of the cases are as under

Table 22 Year wise and Source wise registration of cases of violence against women 2014-16 Total Cases Registered by Police Direction by Magistrate S (156(3)) 2014 3,40,826 3,03,956 36,870 2015 3,31,649 2,99,211 32,438 2016 3,51,948 3,25,118 26,830 Total 10,24,423 9,28,285 96,138

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14.04. A recent article in the Hindustan Times dated 15th March 2017, titled “Crimes against women are rising. Here are 5 things you can do besides reacting on line” highlights the true picture of women violence in India. They are

 Know your basic rights  Denounce victim blaming  Have the talk with your family  Demand actual solutions  Don’t forward that rape joke

14.05. Every news report following a rape or sexual assault usually begins or ends with these statistics, often presented attractively through graphs, charts, illustrations, and even the occasional meme. Whatever the format, the information is neither new nor surprising. And yet our collective sense of outrage seems to be ignited only after a fresh incident hits the headlines. By then, though, whatever we do ends up being too little, too late. Radical changes or the required changes are not happening.

14.06. When it comes to reporting a crime several women hesitate in filing a report, fearing social backlash, family dishonor, or insensitive law officials. This naturally awards a sense of impunity to sexual offenders, who are tempted to go even further next time. Wherever possible, therefore, it’s important to arm women with the laws and rights at our disposal. For instance, the Zero FIR ruling by the Supreme Court states that a rape victim can register her complaint from any police station (and not necessarily the one closet to where the incident occurred) . Women can also file this report online or through registered post. In fact, the police are bound to record a rape FIR whenever the victim chooses to come forward, even weeks or months after the incident has taken place. The issue is that women should be clear about their rights. That will encourage women to step forward, report crime, and gradually break the vicious circle of shame, impunity, and repeated offences. There shall be a direction to not to report such cases to the media, all case related proceedings to be in camera and the media exposure to be totally banned.

14.07. Blame, shame, and backlash are the main reasons why most women hesitate to press assault charges. Shaming the women for her clothes, her lifestyle, or simply the place she happened to be at the time of the crime is a knee-jerk reaction with damaging repercussions. “She deserved it because she’s a sex worker” or “She was hanging out with boys and wearing shorts” are convenient narratives spun by a patriarchal society, which aim to shift blame from the perpetrator to the victim. This lies at the heart of rape culture, and is by far the biggest way we fail those brave enough to report a crime. It goes without saying that we must end this toxic and dangerous practice of victim blaming if we’re to make this a safer, saner, and more respectable society for women.

14.08. Women – irrespective of age- should have talk with their family. This is particularly crucial when we consider that over 90% of rapes reported in India are committed by people familiar to the victim, including relatives, neighbors, and employers. 118

To create an equal as well as a safer space for women, it’s important to drive change right from an early age. Children, after all, follow by example. When a boy finds that the rules meant for his sister do not apply for him, it conditions him to believe that there’s a lot he can get away with that girls cannot. Similarly, we instruct our daughters to watch out for dangers on the road, but often forget to teach our sons something as basic as consent and accountability. As a consequence, we raise girls who lack confidence and boys who think they can get away with anything- a recipe for disaster if there was ever one. All have to question the common saying that “boys will be boys”.

14.09. In spite of widespread attacks on women, nobody is projecting actual solutions. From chowmein and cell phones to hostel curfews, politicians over the past several years have found many innovative things to blame for the high incidence of crimes against women. While we may laugh over them, these statements ultimately reflect that authorities have neither learnt to take these crimes seriously nor handle them sensitively. To make things worse, these ridiculous notions often distract us from the larger picture – from outraging over a rape, we merely move on to outraging over stupidity. Rather than shake our heads and carry on , next time point out how all this nonsense prevents us from rectifying the sorry state of women’s safety in India. Women ( and men also) have to retaliate with demands like safer public transport, well-lit community spaces, faster processing of cases, higher conviction rates, and sensitive handling of victims by concerned authorities.

14.10. We have to legally stop the forwarding of rape jokes or the photos and news about violence against women through all communication systems, print, electronic, public, private and even confidential communications. We often see issues like gender inequality take a backseat because the problem seems too large and complex for any one individual to tackle. However, there is one thing you can personally do to make sure that things don’t get worse- and that is to stop forwarding, creating, or share insensitive content among others. Rape jokes are not funny. Do not forward them even for a laugh, and definitely reprimand those who do. The same logic holds for sexist jokes and forwards passed round on family groups, as well as Bollywood chartbusters that celebrate harassment as love. Point out how such jokes, songs, and ideas create a culture of misogyny and objectification, ultimately creating a world where men presume that ‘no’ only means they must try their luck again.

14.11. What Indians (Malayalees also) do is reacting after a crime which is only natural. However, with crimes against women being rampant as they are, perhaps it’s time to concede that reactions alone cannot change the status quo. Instead, what might work as smaller, practical steps that are less exciting than a candlelight march but infinitely more useful in the long run is to be tried.

14.12. UK has laws restricting reporting of cases and court proceedings where women and children are involved. Section 45 of the Youth Justice and Criminal Evidence Act 1999 provides that reporting restrictions can be 119 put into place to prohibit the identity of any person (including the defendant) who is aged under 18 at the time when the proceedings commenced in any criminal court except the Youth Court. The new reforms give a victim or witness in criminal proceedings in any criminal court , who is under the age of 18 at the time the proceedings commenced, lifetime anonymity. It is important to note that orders of this nature cannot be made in relation to defendents . Magistrates have been given the power to impose unlimited fines in cases where reporting restrictions have been breached. Previously such fines were capped at 5,000 pounds.

14.13. In UK victims of sexual offences are given lifetime anonymity under the Sexual Offences (Amendment) Act 1992. The offences to which the prohibition applies are set out in Sec 2 of the 1992 Act and include rape, indecent assault, indecency towards children and the vast majority of other sexual offences. The prohibition imposed by Sec 1 applies to “any publication” and therefore includes traditional media as well as online media and individual users of social media websites, who have been prosecuted and convicted under this provision”. There is no power under the 1992 Act to restrict the naming of a defendant in a sex case. Complainants enjoy the protection provided by Sec 1 of the 1992 Act and it is for the media to form its own judgment as to whether the naming of a defendant in a sex case would of itself be likely to identify the victim of the offence. There are 3 main exceptions to the anonymity rule. First, a complainant must waive the entitlement to anonymity by giving written consent to be identified (if they are 16 or older). The second exception caters for the situation where a complainant in a sexual offences case is subsequently prosecuted for perjury or wasting police time in separate proceedings. Thirdly the court may lift the restriction where the court is satisfied that it is in public interest that the restriction be lifted.

14.14. What is urgently required is a total ban on the direct or indirect reporting of all types sexual offences cases by any publication and the meaning of a publication should be the same as that in the UK Act. The night “crime serials” by the news channels are the major source of exposure of crime stories related to sexual and child harassment in Kerala . As already discussed in detail, though there are so many laws in India against violence against women and children, there is a need to streamline all the laws to increase the seriousness of the crime and 100% punishment for all accused . At the same time as stated in the exemptions to the anonymity rules referred in the earlier paragraph, appropriate laws should be enacted that fake women complainants are also punished heavily.

14.15. Instead of punishing the culprits, it is better that violence against women is reduced to the minimum and avoided totally at a later stage. Step by step small but effective action plan need to be designed. In a survey undertaken by Tata Global Beverages, to understand public standpoints on violence against women, gender equality etc, 93% affirmed that “raising 120 gender-sensitive children will lead to creating a safer society . 74% of the people in India feel crimes against women are increasing day-to-day. 80% believes that the society plays a key role in creating a safer environment for women. 41% feel that lack of respect towards women is the root cause of increase in crime rates. 93% said teaching young girls and boys to respect the other gender will make things safer for women. Teaching children about gender and sex is detailed in a separate chapter.

14.16. Data on the crime wise incidents against women also indicate “Torture stands first followed by Molestation, kidnapping and abduction and Rape are the most common crimes against women and the available data from 2005 to 2009 indicates increasing trends in crimes against women.

Table 24 Various Crimes against women 2005-2009 Crime Head 2005 2006 2007 2008 2009 Torture (Sec 498 A – IPC) 58,319 63,128 75,930 81,344 89,546 Molestation (Sec 354 IPC) 34,175 36,617 38,734 40,413 38,711 Kidnapping & Abduction 15,750 17,414 20,416 22,939 25,741 Sec 363 to 373 IPC Rape (Sec 376 IPC) 18,359 19,348 20,737 21,467 21,397 Sexual Harassment (Sec 509 of IPC) 9,984 9,966 10,950 12,214 11,009 Dowry Death(Sec 302/304 IPC) 6,787 7,618 8,093 8,173 8,383 Immoral Traffic (Prevention) Act 1956 5,908 4,541 3,568 2,659 2.474 Dowry Prohibition Act 1961 3,204 4,504 5,623 5,555 5,650 Indecent Representation of 2,917 1,562 1,200 1,025 845 Women(Prohibition) Act, 1986 Source: National Crime Records Bureau

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Chapter 15 Women in Kerala

15.01. Kerala is very well known for its achievements in the area of social development . Its Human Development Indicators (HDI) have remained much higher compared to other states in India. Kerala is one of the few states in India which has a POSITIVE SEX 122

RATIO. The overall sex ratio of Kerala is 1084 females per 1000 males. It has gone up from 1058 in 2001. At 92 percent, the female literacy rate in Kerala is the highest among Indian States. However, the male literacy rate in Kerala is still higher at 96 percent. Most of the health indicators are highly favorable to women. Health indicators of women in Kerala are much better than their counterparts in the country as well as their male counterparts in the State. Life Expectancy at birth of Women in Kerala at 76.9 years is the highest in India compared to the all India average of 67.7 years.

15.02. There were no gender related or family surveys in Kerala. During 2006, Kerala Sasthra Sahithya Parishat had conducted a Kerala Survey, in which one part was a survey on the present socio, economic situation of women in Kerala. The Survey results provide some indications about the state of affairs of gender inequality in Kerala. Though Kerala is well known for its social achievements, it had not resulted in employability or social status of women in general in Kerala. Behind the politically propagated “Kerala Model” and “High” social development rankings, Kerala is far behind in several critical women equality or empowerment issues.

15.03. Several studies have equated Kerala’s achievements in the Education and Health areas with that of the developed countries. According to the data of the Registrar General of India, Kerala has the best demographic indicators

Table 26 Major Health Indicators India Kerala Male Female Male Female Infant Mortality Rate 35 39 10 13 Death Rate 6.9 6.1 7.6 5.7 Mean age at Effective 23.2 20 27.3 21.4 marriage Expectancy of life at birth 62.6 67.7 71.4 76.9 Knowledge of contraceptives 94.5 50.2 97.3 58.7 By married women Source: Economic Review 2016

15.04. In the case of education, enrolment is universal at the primary level and gender parity has been achieved; girl students constitute 49.4 percent of the total student enrolment in schools. But girls outnumbered boys in terms of enrolment in higher secondary education at 52.34 percent. Dropout rates are minimal for boys and girls. At the graduation and Post Graduation levels girls outnumber boys . Girls constitute 71.54 percent of total enrolment for degree courses in various Arts and Science Colleges under the four general universities in Kerala. In post Graduation, girls constitute 72.61 percent of the intake.

Table 27 Students Enrolment Gender wise Kerala 2015-16 Category Boys Girls Total Percent of girls 123

School 18,69,255 18,32,322 37,01,577 49.50 Education Higher 1,82,826 2,00,756 3,83,582 52.34 Secondary Graduation 65,564 1,64,783 2,30,347 71.54 Post Graduation 9,056 24,008 33,064 72.61 Source: Economic Review 2016

15.05. Political representation is taken as an important dimension to measure gender position in many of the indices currently being used like proportion of parliamentary seats occupied by women. The Global Gender Gap Report measures political empowerment, economic participation and opportunity, educational attainment and health and survival. In the Local Self Governments (LSG) – panchayats, municipalities, Corporations – 50 percent of the seats are reserved for women including the higher positions like President, Chairperson and Mayors .

15.06. Women empowerment and women issues in the state of Kerala are handled by the Department of Social Justice. The women empowerment programmes of the department cover welfare and support services, training for employment and income generation, awareness generation and gender sensitization. The Government of Kerala has approved a women policy as per GO(MS) 13/09 SWD dated 17.02.2009. The then Minister for Social Welfare Smt P K Sreemathi Teacher announced that Kerala will be declared as a state that is free of offences against women in the next five years ie by 2014. It was further informed that a committee with a majority of lawyers will be formed to examine loopholes in the laws meant to protect women and to submit its recommendations.

15.07. In spite of all the positive indicators in basic entitlements, it did not resulted in improving women’s position in society. It is being argued that the much lower gender gap in basic capabilities in Kerala need not necessarily suggest a “high Status” for women in Kerala. The Gender Development Index places Kerala on the top of the list.

15.08. If we measure the empowerment or autonomy in terms of the extent to which women are able to use their basic capabilities to acquire economic and political decision-making powers, including household decision making , mobility, access to/control over money, Kerala is much behind Punjab, Haryana, Gujarat, Goa, Himachal Pradesh and several other north eastern states. Most of these states have much lower levels of literacy and is behind Kerala in other development indicators. This was the case on most other areas of household decision making which questions the much glorified straightforward relationship between literacy and women’s autonomy . 124

15.09. In countries with better Human Development Index, the share of economically active women seems to be high. Labour Participation Rates (LPR) of women in the 10 highest HDI countries is around 60 percent and that of man is 70 percent. Female LPR is much higher in our neighboring countries whose HDI is lower than that of India. Female LPR of Cambodia is 78.9, in Bhutan it is 66.4, Bangladesh ( 57.3) Nepal (54.3) etc. Less women in labour force indicates under- utilization of human resources that holds back productivity and growth.

15.10. Kerala Women out perform their male counterparts in many developmental indicators including graduation and Post Graduation studies. But in the case of “Economically Active Persons” (EAP) or Labour Participation Rates (LPR) Kerala is last in the ranking. The reasons for such a situation need a detailed study. Kerala stands last in the Labour Participation Rates (LPR) of women in various States as per 2001 census . North Eastern states are the best in LPR . State wise LPR of various states as per 2001 census are as under

Table 28 Labour Participation Rates of Women in various States (2001 census) Rank State Women LPR % 01 Mizoram 47.5 02 Himachal Pradesh 43.7 03 Chathighat 40.0 04 Manipur 39.0 05 Sikkim 38.6 06 Nagaland 38.1 07 Arunachal Pradesh 36.5 08 Mehalaya 35.1 09 Andhra Pradesh 35.1 10 Rajasthan 33.5 11 Madhya Pradesh 33.2 12 Karnataka 32.0 13 Tamil Nadu 31.5 14 Maharastra 30.8 15 Gujrat 27.9 16 Uttaranchal 27.3 17 Hariyana 27.2 18 Jharkhand 26.4 19 Orissa 24.7 20 Jammu Kashmir 22.5 21 Goa 22.4 22 Tripura 21.1 23 Assam 20.7 24 Punjab 19.1 25 Bihar 18.8 26 West Bengal 18.3 27 Uttar Pradesh 16.5 28 Kerala (Census) 15.4 Kerala ( KSSP) 13.1 125

All India Average 25.6

15.11. There are so many paradoxes in the Kerala women’s achievements. Though Kerala have high Scores on education – most importantly graduation and post graduation- and in health, Labour Participation Rates (LPR) are one of the lowest . While the state average LPR as per the 68th Round of NSSO is 40.3 percent, female LPR (per 100 persons) in Kerala is 24.8 percent and that of male is 57.8 percent. It was 15.4 in the 2001 Census. The difference between male and female LPR in Kerala is very high. Himachal Pradesh with a female workforce participation rate of 49.8 percent is the best performer. Even North Eastern states like Nagaland, Sikkim, Manipur, Mizoram, Arunachal Pradesh and Meghalaya have higher female LPRs than Kerala.

15.12. According to State Planning Board, Labour Participation Rates of women in Rural Kerala is low compared to urban areas. LPR of women in rural areas is less than that of India. A comparison of LPR of males and females in Kerala ( PS+SS = Principal Status plus subsidiary status) indicates that the gender gap is widening over the period.

Table 29 Labour Force Participation Rate 1987-2012 Rural Urban Kerala India Kerala India Male Female Male Female Male Female Male Female 1987- 55.8 33.6 54.9 33.1 59.0 26.1 53.4 12.9 88 1993- 56.8 26.4 56.1 33.0 59.9 25.0 54.3 16.5 94 1999- 58.7 27.3 54.0 30.2 59.1 25.4 54.2 14.7 00 2004- 58.9 32.1 55.5 33.3 58.3 30.1 57.0 17.8 05 2009- 58.3 26.0 55.6 26.0 56.4 23.3 55.9 14.6 10 2011- 58.3 25.8 55.3 25.8 56.7 22.2 56.3 15.5 12 Source: Various Reports of NSSO

15.13. The Gender Gap in the Work Participation Rates (WPR) are also increasing. The WPR of females in Kerala had come down from 31.6 percent in 1987- 88 to 22.1 percent in 2011-12 in riural areas and it had come down from 21.8 to 19.1 in urban areas during the same period. The overall picture is of declining female workforce participation rates in Kerala which is a negative aspect of gender gap.

Table 30 Work Participation Rates Rural Urban Kerala India Kerala India Male Female Male Female Male Female Male Female 126

1987- 56.7 31.6 53.9 32.3 59.2 21.8 50.6 15.2 88 1993- 53.7 23.8 55.3 32.8 56.0 20.3 52.0 15.4 94 1999- 55.3 23.8 53.1 29.9 55.8 20.3 51.8 13.9 00 2004- 55.9 25.6 54.6 32.7 54.7 20.0 54.9 16.6 05 2009- 56.4 21.8 54.7 26.1 54.7 19.4 54.3 13.8 10 2011- 56.5 22.1 54.3 24.8 55.2 19.1 54.6 14.7 12 Source: Various Reports of NSSO

15.14. Workforce Participation Rates (WPR) are the lowest in the districts of Kannur, Kozhikode, Malappuram and Pathanamthitta which is lower than the state average. The Performance of Malappuram and Kozhikode are the worst. Two districts, Idukki and Wayanad, have Female WPR which is higher than the all-India rate. Idukki has the highest FWPR in the state as the women in the rural sector of the agrarian district are more economically active. The district wise WPR is as under

Table 31 District wise WPR in Kerala 2001 & 2011 District Male Female 2001 2011 2001 2011 Thiruvananthapuram 51.4 54.6 15.4 18.2 Kollam 48.4 51.7 16.8 19.3 Pathanamthitta 47.5 50.2 13.4 17.5 Alapuzha 49.4 53.0 20.3 24.0 Kottayam 52.2 54.8 14.0 20.4 Idukki 58.1 60.0 28.1 33.2 Ernakulam 55.1 56.4 17.2 20.2 Thrisoor 50.6 53.3 15.2 18.7 Palakkad 52.0 54.9 21.2 20.4 Malappuram 42.8 45.8 6.6 7.6 Kozhikode 48.7 51.1 8.2 12.2 Wayanad 55.8 56.9 23.2 26.8 Kannur 49.9 51.6 15.3 16.0 Kasargode 49.1 51.7 21.0 20.3 Kerala 50.2 52.7 15.4 18.2 Source: Census of India 2001, 2011

15.15. The paradox is that the district which has the maximum female population is having the lowest WPR in Kerala ie Malappuram. The low Workforce Participation Rate in Kerala is due to the perception of women about work and job.

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15.16. There is strong preference among Kerala Women for a “job” as opposed to “work” even if it implies a low level of earnings. The accent seems to be on regularity of income, social status and work environment. Casual work involves mostly manual work under fairly harsh conditions, whereas a job in an establishment offers a different, if not necessarily better, work environment.

15.17. Details of the type wise jobs of women are as under

Table 32 -Women Participation in the highest salary job sectors Job/Work Monthly Salary (2004) Women Participation % Doctor Modern Medicine 22,400 25.0 Business Owner 18,676 07.1 University Teacher 16,700 16.7 Engineer 12,483 11.9 College/HS teacher 11,887 39.4 Officer 11,790 14.9 Supervisor Factory 10,250 11.8 Office Supervisor 9,384 22.0 Army Officer 7,000 00.0 Advocate 6,800 31.0 Police Officer 6,525 00.0 School Teacher 6,218 66.9 Computer Operator 6,074 07.1 Office Clerk 6,073 31.5 Source: Kerala Study , Sept 2006 by Kerala Sastra Sahithya Parishath

15.18. Following are lowest salary paying works

Table 33 Lowest salary paying works/jobs and the women LPR (2004) Job Category Monthly Salary Women LPR % Housework 907 96.9 Washing 1,000 66.7 Anganwadi/Nursery 1,856 100.0 Nursery Assistant 1,158 100.0 Cleaner (Bus) 1,471 00.0 STD Booth 1,523 40.0 Agriculture Worker 1,583 24.6 Conventional Industrial 1,587 52.6 Labor Religious Teacher 1,645 12.9 Shop Cleaner 1,733 24.0 Ironsmith 1,800 00.0 Worship place worker 1,801 17.1 Other Teachers 1,843 53.1 Tailors 1,856 47.8 Parallel College Teachers 1,980 60.0 Source: Kerala Study , Sept 2006 by Kerala Sastra Sahithya Parishath

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15.19. Following are the wage disparity between Women and men

Table 34 Wage disparity between Women and Men in various sectors Income Women Men W as % M Street Vending 500 2137 23.4 Skilled Construction worker 1000 3202 31.2 Conventional Industrial labour 826 2452 33.7 S T D Booth 650 1850 35.1 Tailoring 931 2608 35.7 Cooking 800 2165 37.0 Para Medical 3004 7973 37.7 Sales man/girls 1104 2901 38.0 Modern Industrial Labour 2177 5217 41.7 Agriculture Worker 947 1791 52.9 Business _ Field Work 2323 4356 53.3 Attender-Sweeper 2220 4145 53.5 Animal rearing 1999 3583 55.8 Industrial Supervisor 3200 5703 56.1 Construction worker 1412 2386 59.2 Shop Cleaning 1167 1932 60.4 Officer 8292 12332 67.2 Religious work 1317 1905 69.1 Washing 860 1233 69.7 Parallel College Teachers 1713 2338 73.3 Business Clerk 2000 2622 76.3 Office Clerk 5384 6391 84,3 Police 5000 5704 87.7 Higher Seconary/College Teachers 11000 12463 88.3 School Teacher 6001 6655 90.2 Office Supervisor 9551 9339 102.3 Advocate 7000 6722 104.1 Engineer 13438 12333 109.0 Artist 3100 2600 119.2 Source: Kerala Study , Sept 2006 by Kerala Sastra Sahithya Parishath

15.20. Following are the data of the job seeking women and housewives.

Table 35- Job Seeking Women and Housewives aged between 18-35 years (%) Category Employed Housewives Job Seekers All 19.1 43.1 37.8 Economic Group I 22.8 51.3 25.9 II 17.9 48.7 33.4 III 17.8 36.6 45.7 IV 27.1 22.0 50.9 Religion Hindu 24.0 35.5 40.5 Muslim 7.5 60.7 31.8 Christian 26.6 32.4 41.0 129

Caste Backward 21.1 35.6 43.3 Forward 24.8 28.8 46.4 Scheduled Caste 31.0 40.6 28.4 Scheduled Tribe 35.3 39.2 25.5 Educational Standards Illeterate 43.8 50.0 06.3 Informal Education 27.3 63.6 09.1 Primary School 21.3 68.9 09.8 Secondary 14.0 60.6 25.4 Plus 2 15.5 08.0 76.6 Technical 47.8 02.6 49.6 Graduate 27.0 05.7 67.3 Post Graduate 41.3 03.3 55.4 Professional 60.0 00.0 40.0 Source: Kerala Study , Sept 2006 by Kerala Sastra Sahithya Parishath

15.21. Women in Kerala had perceived the following issues as the major issues connected with gender equality

Table 36 Opinion on the Major issues connected with Gender equality in Kerala No Disturb Mixed Common Men as Men safety ance @ Schools Seats in co Participation Public Bus workers in Domestic Place in Work Cooking All 50.4 62.1 69.0 36.3 37.1 61.5 Economic Group I 42.7 51.1 55.7 28.9 34.9 56.0 II 47.0 58.9 63.3 33.2 33.9 57.5 III 54.0 66.3 73.6 38.4 38.9 64.1 IV 55.6 69.7 84.4 45.9 42.0 71.0 Religion Hindu 49.9 61.4 72.3 39.0 38.2 63.6 Muslim 50.6 60.3 54.6 25.1 26.9 48.9 Christians 51.2 66.5 75.1 41.2 44.8 69.3 Geography South 52.3 63.3 68.7 39.9 42.3 66.5 Central 51.2 63.0 75.2 36.4 39.8 64.3 North 48.5 60.6 64.5 33.8 31.6 56.1 Caste Backward 49.5 61.3 72.6 38.7 35.1 61.7 Forward 52.7 62.7 76.3 43.8 42.5 68.0 Scheduled Caste 47.2 57.5 65.0 32.8 40.7 62.0 Scheduled Tribe 36.5 58.2 53.8 22.2 44.4 66.0 Political Affiliation LDF 49.8 63.7 71.4 37.2 38.0 62.8 UDF 48.9 61.6 66.9 35.5 36.1 58.5 BJP 48.3 56.1 74.1 36.3 43.2 65.6 Source: Kerala Study , Sept 2006 by Kerala Sastra Sahithya Parishath

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15.22. Women had identified the following reasons for their attacks by men.

Table 37 Major reasons for attack against Women in Kerala More Attractive Media Attitude Others/ women in Dressing Cinema of Man more than public Influence one place reason ALL 3.8 17.7 20.4 23.7 34.4 Economic Group I 5.2 19.4 15.4 24.3 35.7 II 3.9 18.1 21.7 24.3 31.9 III 3.4 17.9 21.5 23.0 34.2 IV 3.8 13.9 19.3 25.8 37.2 Religion Hindu 3.1 16.0 22.1 23.5 35.3 Muslim 6,3 24.6 17.7 19.8 31.5 Christian 3.3 15.4 18.7 27.9 34.7 Region South 3.6 16.9 21.8 24.5 33.4 Central 2.6 19.4 17.6 25.9 34.6 North 5.0 17.1 21.7 21.4 34.9 Caste Backward 3.2 14.9 22.9 22.6 36.5 Forward 2.7 17.9 21.0 25.2 33.3 Scheduled Caste 4.0 21.9 19.1 21.9 33.1 Scheduled Tribe 0.0 6.5 19.4 22.6 51.6 Political LDF 3.2 17.5 21.6 21.9 35.8 UDF 4.0 18.9 19.5 25.7 31.8 BJP 2.4 16.5 27.1 21.2 32.9 Source: Kerala Study , Sept 2006 by Kerala Sastra Sahithya Parishath

15.23. Gender wise district wise population of Kerala is as under.

Table 38 Gender wise, District wise Population of Kerala District Male Female Total Thiruvananthapuram 15,81,678 17,19,794 33,01,427 Kollam 12,46,968 13,88,407 26,35,375 Pathanamthitta 5,61,716 6,35,696 11,97,412 Alapuzha 10,13,142 11,14,647 21,27,789 Kottayam 9,68,289 10,06,262 19,74,551 Idukki 5,52,808 5,56,166 11,08,974 Ernakulam 16,19,557 16,62,831 32,82,388 Thrisoor 14,80,763 16,40,437 31,21,200 Palakkad 13,59,478 14,50,456 28,09,934 Malappuram 19,60,328 21,52,592 41,12,920 Kozhikode 14,70,942 16,15,351 30,86,293 Wayanad 4,01,684 4,15,736 8,17,420 Kannur 11,81,446 13,41,557 25,23,003 Kasargoe 6,28,613 6,78,762 13,07,375 131

Kerala 1,60,27,412 1,73,78,649 3,34,06,061 Source: Census 2011

15.24 . Kerala Women avoid low paid and low status manual work, wherever possible. Women in poorly paid cashew work went to considerable lengths to see their daughters married to men who would provide for them as housewives. Where they were involved in such manual work on the household compound or for relatives, women were often reluctant to reveal this, fearing loss of social status. Reflecting social norms regarding women’s employment, women also display stronger preferences regarding the kind of employment they are willing to take up. Nearly three fourths of the unemployed women reported that they were unemployed because they had not been able to find jobs of their preference. Out of the factors constituting preference, social status and proximity to home were the most important.

15.25. The ever increasing level of alcohol consumption in the state is directly related to the increasing crimes against women and children. The cause for worry is the spread of consumption among the younger age groups. The per capita consumption of alcohol for India is 4 litres where as the per capita consumption of alcohol in Kerala is 8.3 litres- the highest in the country. Fifteen percent of the population consumes alcohol. Over the years, the age at which youngsters begin to consume liquor has come down to 14 years in Kerala from 19 years in 1986.

15.26. High rates of literacy and impressive levels of female education did not translate into rapid growth of paid employment of women nor into upward occupational mobility . Against this the State of Kerala is witnessing downtrends in women’s property rights, rapid growth and spread of dowry and high levels of gender-based violence, particularly domestic violence, even as the level of education continue to rise. In Kerala new questions are being raised about the conventional indicators of well being – education, health and employment to the new indicators like crime against women, mental health, property rights, alcoholism, political participation etc.

15.27. The new social reforms introduced in the state during the nineteenth and early –mid twentieth century like the shifting of the MATRILINEAL – property inheritance through daughters to the PATRILINEAL – property inheritance through sons, has really affected the rights of women. The Orthodox, male dominated leaders and agencies in Kerala questioned the matrilineal family inheritance quoting it as the ‘unusual’ sexual and property practices that it enforced – prominently that husbands did not gain rights over women’s property and sexuality. If the Nairs were matrilineal throughout Kerala, Ezhavas, Tiyas, Brahmins, Pulayas, Christians and Muslims practiced matrilineal descent in specific regions. Crucially, matrilineal women had permanent rights to property and residence in their natal tharavads. However, “Social Reform” identified patriliny as a key factor in human/individual enterprise, turning the moral criticism against matriliny 132 into an economic rationale. The matrilineal family was seen as flouting ‘man’s natural’ instincts towards his wife and children. In the early twentieth century, a series of regional laws gave recognition to partrilineal inheritance among the matrilineal social groups, eventually abolishing matriliny in 1976. Combined with pervasive female disadvantage in access to earned incomes through employment, they constrain women’s ability to claim ownership and exercise control over property even in the face of equitable laws .

15.28. The latest decision of the Government to issue Ration Cards in the name of the Senior Most Women of the family again raises the issue of matrilineal descent again . This being the most important issue concerning women empowerment, this issue is detailed as a separate chapter .

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Chapter 16 Women’s Property Rights

16.01. Under the ancient Hindu Society, a woman was considered to be of low social status and treated as a dependent with barely any rights. As per the text of Baudhayana, women has no place in the Hindu scheme of inheritance and “Females were devoid of powers and incompetent to inherit”. But by virtue of special texts specified female heirs were given the right to inherit.

16.02. Sometimes the laws themselves discriminated against women. This was particularly true in the sphere of family laws in India which are “Personal Laws” ,that is the law applicable to a person o the basis of his/her religion. Some of these personal laws exhibit strong features of discrimination against women.

16.03. During the British Period social reform movements raised the issue of amelioration of women’s position in society. The initial law on inheritance was Hindu Law of Inheritance Act, 1929 followed by Hindu women’s Right to Property Act XVIII of 1937. A daughter had virtually no inheritance rights at all. Both enactments largely left untouched the basic features of discrimination against women and were subsequently repealed.

16.04. The framers of our Constitution were aware of the low position of a women in society and they took special care to ensure that the state takes positive steps to give her equal status. Article 14, 15(2) and (3) and 16 of the Constitution of India not only inhibit discrimination against women but in appropriate circumstances provide a free hand to the state to provide protective discrimination in favour of women. These provisions are part of the Fundamental Rights guaranteed by the Constitution.

16.05. Part IV of the Constitution contains the Directive Principles which are no less fundamental in the governance of the State to ensure equality between men and women such as equal pay for work. Despite these provisions for ensuring equal status, unfortunately a women is still not only neglected in her own natal family but also the family she marries into because of certain laws and attitudes.

16.06. After the advent of the Constitution, the first law made at the central level pertaining to property and inheritance concerning Hindus was the Hindu Succession Act 1596 (HSA 956) . Under this Act daughters were also granted property rights in their father’s estate , but still there existed discrimination against women.

16.07. The attempt to being about reforms and a comprehensive codification of Hindu Law was resisted by the Orthodox sections of the Hindus. However, the then Prime Minister Pt Jawahar Lal Nehru who was unequivocally committed to carry out these reforms suggested, in order to blunt the edge of opposition, that piecemeal legislation be undertaken to substantially remove the disparities and disabilities suffered by the Hindu women. Consequently it was possible to bring into force, the Hindu Marriage Act, 1955; The Hindu Adoptions and Maintenance Act 1956, the Hindu Minority and Guardianship Act 1956; and the Hindu Succession Act, 1956. 135

16.08. The Law Commission of India in its 174th Report on “Property Rights of Women: Proposed Reforms under the Hindu Law” during May 2000 found that despite constitutional guarantee for not only ensuring equality to women, in the spheres of property rights granted to Hindu women as wives/widows and daughters , there are still many discriminatory aspects in the law. Women meet discriminatory treatment by the members of her own natal family.

16.09. In Hindu system, ancestral property has traditionally been held by a joint Hindu family consisting of male coparceners. Coparcenary is a narrower body of persons within a joint family and consists of father, son’s son and son’s son’s son. A coparcenary can consist of a grandfather and grandson, or brothers, or an uncle and naphew and so on. Thus ancestral property continues to be governed by a wholly patrilineal regime, wherein the property descends only through the male line as only the male members of a joint Hindu family have an interest by birth in the joint or coparcenary property. Since women could not be coparceners they were not entitled to any share in the ancestral property by birth. A son’s share in the property of his intestate father would be in addition to the share he acquired at the time of birth wheras the share of a daughter/mother/wife, would only be out of the interest the deceased had in a coparcenary on his death.

16.10. The law by excluding the daughters from participating in coparcenary ownership ( merely by reason of their sex) not only contributed to discrimination against females but has led to the oppression and negation of her fundamental rights guaranteed by the Constitution. It is law that can contribute to overcoming this oppression by creating a legal order that vtreats females on equal footing. Legislation that on the face of it discriminates between a male and a female must be made gender neutral. The Law Commission in 2000 itself made clear that radical reforms of the Mitakshara law of coparcenary is required so that there should be equal distribution of property not only with respect of the separate or self acquired property of the deceased male but also with respect to his undivided interest in the coparcenary property. This should be distributed equally among his male and female heirs, particularly his son and daughter. This will go a long way in eradicating the evils of the dowry system prevailing in our society and award a status of honour and dignity to a daughter at least in her family of birth.

16.11. Five states in India namely Kerala, Tamil Nadu, Karnataka, Andhra Pradesh and Maharastra have taken cognizance of the fact that social justice requires a woman should be equally treated both in the economic and social sphere. Consequently these states being of the view that the exclusion of daughters from participating in coparcenary ownership merely by reason of their sex was unjust, brought about a change in respect of Mitakshara coparcenary property and extended the right by birth in coparcenary property to the daughter also. Improving their economic conditions and social status by giving them right by birth equal to that of sons was a long felt social need as it would eradicate the baneful system of dowry by positive measures.

16.12. As per the law passed by four of the states , (Kerala law being different) in a Joint Hindu Family governed by Mitakshara Law, the daughter of the coparcener by birth becomes a coparcener in herown right in the same manner as the son and has the same rights in the coparcenary property as she would have had if she had been a son, inclusive of the right to claim survivorship, and is subject to the same liabilities and disabilities in respect thereto as the son. Of course, this change in the law is prospective and daughters married prior to the coming into force of the law have been excluded. 136

16.13. But the Kerala Joint Hindu Family System (abolition) Act 1975 abolished the right of birth of males under the Mitakshara as well as the Marumakkattayam law, following the report of the Hindu Committee in connection with the Hindu Code Bill. Section 3 of the Kerala Act states that after its commencement, a right to claim any interest in any property of an ancestor, during his or her life time founded on the mere fact that the claimant was born in the family of the ancestor, shall not be recognized. Thus the Kerala Act is wholly prospective and fails to confirm rights of daughters in the existing coparcenary property unlike the Andhra model legislation. The major drawback in the legislation is that it fails to protect the share of the daughter from being defeated by the making of a testamentary or other disposition. The approach of the other State Legislature is strikingly different. It elevates a daughter to the position of a coparcener in a Mitakshara coparcenary i. e. succession by survivorship.

16.14. It is noteworthy, that there is hardly a case of a daughter claiming equal rights to property in the parental family, even though her dowry may not be equal to the son’s share. This is due mainly to overweighing consideration of modesty and desire for amity and the fear of social disapproval.

16.15. In view of the limited assertion of equal rights to property by women, it is necessary to understand that if equality exists only as a phenomenon outside the awareness and approval of the majority of the people, it cannot be realized by a section of women socialized in traditions of inequality. Thus there is a need for social awareness and to educate people to change their attitude towards the concept of gender equality.

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Chapter 17 Sex Education in Schools

17.01. News items like “two year girls raped and killed”, “seven year old girl raped by a close relative” e etc now appear on a daily basis and it is informed that 42% of the girls are being raped before they turn 19. It’s not only girls who are facing these unfortunate and horrific cases; one in two boys in India is a victim of sexual abuse. We personally feel that this type of news had not hit the conscience of the people as they remain silent. Suryanelli, Kaviyoor, Solar – all are celebrated and enjoyed but no serious introspection on the causes of it or to suggest corrective steps. In between the fate of the child who was raped and killed went unnoticed.

17.02. “Rape and Abuse against Women news” becomes news if it has a beautiful women or a celebrity behind it so that the news channels can show it as pornography minded film. We are clearly failing to protect our children, to educate them about how to stay safe. It should not be the responsibility of “Victims to Prevent the Abuse” (VPA), but it should be the responsibility of the “Communities” to stop it from happening. What is lacking is the absence of a sex education programme at homes or in schools. A time has come where we can no longer postpone the issue of sex education for the child, whether it is done by the parents, schools or religious institutions.

17.03. People around the world believe that our schools teach our children everything they need to know to succeed. Schools equip our children for intensive classes, entrance examinations, even IQ exams and everything under the Sun. Our girls become nature at the age of 12 to 14 and her menstrual period start by that time. But these girls get little or no information on her menstrual cycle and she feels so confused and embarrassed every month of her period. She does not know how to manage these periods at the school, in the bus and at public places. The onset of the menstrual cycle creates “shock and shame” in girls. The greatest irony is that menstruation is absolutely essential for survival and perpetuation of humankind, but most societies don’t want to deal with the fact that women bleed every month.

17.04. It wasn’t until the mid-18th century that menstruation was known to be related to ovulation. Scientific experiments to test the factor of “impurity” in menstrual blood were not 139

undertaken until 1920s. It is then understandable that some of the myths our ancestors lived by came to be because of the lack of information regarding what exactly was going on inside our bodies. Despite having known that menstrual fluid is nothing but a harmless mixture of blood, tissues and small amounts of hormones for about a century now, the culture of silence around the subject keeps menstrual myths unquestioned and inviolable. Even in this advances society, nobody is supposed to talk about this subject in the open.

17.05. Similar is the case of boys also. Now days, boys are usually consuming a lot of pornography, shaping his perception about girls and women including teachers. Adolescents – boys and girls- these days are actually battling deep insecurities, facing challenging social situations with no easy answers, and getting a flood of vulgar, sexist, and misleading information from the media, which is usually their only source of information at present.

17.06. How does modern society combat this to create young adults who are confident in who they are, understand how to interact with each other in healthy and respectable ways and are staying safe. It is hard to have these conversations with kids because we do not know exactly what to say to them. This is exactly what sex education is.

17.07. Sex Education is not about teaching children how to have sex – it is about informing the boys and girls about what is happening in their bodies and also teaching them to make safe, healthy choices as they grow up. It is also about helping them understand that the message that they are getting from Bolly wood (Cinema) pornography are not realistic and can be harmful. Instead, it is about helping them come to their own conclusions about what it means to be a successful, interesting boy or girl.

17.08. Who will provide the sex education to the children ? is a very hot subject even in the highly advanced countries like UK, USA etc. A news item dated 28th Feb 2017 in the “The Telegraph” of UK is titled as “Sex Education in Schools: Parents are always the best guide for what’s appropriate for children”. This was the response to the move of the UK Govt to implement sex education is all schools compulsory. Till Feb 2017, independent and religious schools in UK are not forced to provide sex education. Only local-authority controlled secondary schools are required to teach children about sex in biology classes, not academies or free schools. There has been a long campaign by teacher’s union , sex education groups and Labour MPs to end these exemptions, but it has been resisted by successive governments. In Feb 2017, Department of Education (DfE) had made sex education compulsory in all schools in England

17.09. The Department of Education, Govt of UK was of the opinion that children are now exposed to sexual images in a way they never used to be on the internet and through texting. With the coming of easy mobiles and unlimited down load of text messages, even school children used to enjoy pornography during night. Though this is 140

undoubtedly true; whether it is sufficient to override parental objections to their children being taught about these matters is another question raised from several quarters. UK was the most prominent nation which introduced sex education at schools.

17.10. Sex education has long had a place in schools. But the principal guides for children on this subject, and on relationships in general, should be parents not teachers. The UK Government’s decision to make sex education compulsory in all schools has been taken with the best motives. After all, sex and relationship education for children aged 11 and over is sensible and many parents are relieved that the responsibility is moved to schools. A situation has come where there is a requirement to teach children as young as four about “modern relationships”.

17.11.The real problem about sex education is not equipping children with knowledge that will prepare them for adolescence and beyond. The real issue is the way this subject is taught. The question is whether there will be any moral or judgmental component to such teaching?. Many parents feel unable any longer to propound a view on what constitutes a “safe and healthy” relationship.

17.12. According to UK Education Secretary Justine Greening all children from the age of four will be taught about safe and healthy relationships and children will also be taught , at an appropriate age, about sex. According to the Education Secretary parents will still have the right to withdraw their children from these classes. The UK national curriculum obliges to teach “Sex and Relationship Education” (SRE). Vast majority of the schools teach the subject now. Age-appropriate lessons will have particular emphasis on what constitutes healthy relationships, as well as the danger of sexing, online pornography and sexual harassment. In the primary schools in UK, the focus is on building healthy relationships and staying safe while in secondary school it would focus on sex as well as relationships

17.13. Ms Greening’s comments during February 2017 are very relevant. According to her many schools in UK teach sex and relationships education. But that is not mandatory, and, therefore, for many children, they are not coming out of the UK schools equipped to deal with the modern world or indeed be safe and protected from some of the very modern challenges that young people face on cyber bullying and sexting. What UK is introducing is mandatory relationships and sex education in all secondary schools, but also mandatory relationships education in primary schools as well. In all cases, parents have a right to withdraw their children from sex education.

17.14. According to Izzi Seccombe – Chairman of the UK Local Government Association’s Community Wellbeing Board, “ The lack of compulsory SRE in secondary academies and free schools is storing up problems for later on in life , creating a ticking sexual health time bomb, as we are seeing in those who have recently left school. We believe that making SRE compulsory in all secondary schools , not just council- maintained schools , could make a real difference in 141

reversing this trend, by preparing pupils for adulthood and enabling them to better take care of themselves and future partners”.

17.15. At the same time there are critics who fear that the UK Governments announcement of compulsory sex education in schools will weaken the influence of parents. The “Christian Concern” and its Chief executive Andrea Williams are in the forefront of the opposition. According to Andrea “Children need to be protected, and certainly when they’re still at primary school, we need to be guarding their innocence. We need to be protecting children from things , working with parents to ensure that what they might need to know – which will be different for every child and different in every context across the country – is properly looked at. But this is something that should be individualized, not that something the state can deliver wholesale”.

17.16. If the response to the compulsory sex education in schools in UK is an indication, it will be easy to assess the response which can come from a highly orthodox society in Kerala irrespective of caste creed or education. So before indicating the levels of information to be passed on to girls and boys of age 11+ regarding sex education, it will be informative to go through the sex education scenario in the United States

17.17. Sex education in the US helps people gain the information, skills and motivation to make healthy decisions about sex and sexuality. Planned Parenthood is the nation’s largest provider of sex education reaching 1.5 million people a year.

17.18. Sex education in the US is a high quality teaching and learning exercise with a broad variety of topics related to sex and sexuality , exploring values and beliefs about those topics and gaining the skills that are needed to navigate relationships and manage one’s own sexual health.

17.19. Sex Education in the US takes place in schools, in community settings, or online. Comprehensive sexuality education refers to K-12 programmes in US that cover a broad range of topics related to

1. Human Development including reproduction, puberty, sexual orientation and gender identity 2. Relationships including families, friendships, romantic relationship and dating 3. Personal Skills including communication, negotiation and decision making 4. Sexual Behavior including abstinence and sexuality throughout life 5. Sexual Health including sexually transmitted diseases , contraception and pregnancy 6. Society and Culture including gender roles, diversity and sexuality in the media

17.20. US has created several important resources to guide comprehensive sexuality education which includes institutions/programmes like 142

1. SIECUS – the Sexuality Information and Education Council of the United States of Amercica. SIECUS had developed detailed guidelines for comprehensive sexuality education which was developed by a national task force of experts in the field of adolescent development, health care and education. This provides a framework of the key concepts, topics, and messages that all sexuality education programmes would ideally include 2. FoSE – The Future of Sex Education Initiative which seeks to create a national dialogue about the future of sex education and to promote the institutionalization of comprehensive sexuality education in public schools. FoSe have developed the first-ever National Sexuality Education Standrads, National Teacher Preparation Standards and several such toolkits and materials to strengthen comprehensive sexuality education implementation and professional development .

17.21. Planned Parenthood believes that parents play a critical and central role in providing sex education . Planned Parenthood education staff reach 1.5 million individuals every year, and 64 % of those individuals are middle class and high school aged youth. Planned Parenthood Education Department in the US provides a wide range of programming options like

1. Evidence-based education programs for young people, adults and priority populations 2. Peer Education Programs 3. Promoters Programs and other community-driven , culturally relevant health education programs 4. Parent/Family Education Programs 5. LGBTQ-focused Programs for LGBTQ youth and their parents/care givers 6. Training of professionals, including educators and school-staff, community based organization staff faith based leaders 7. Outreach and Single Sessions Workshops

17.22. US has developed many Sex Education resources, most of which are available on line like the following

1. Advocates for Youth 2. Answer 3. Bedsider - operated by The National Campaign to Prevent Teen and Unplanned Pregnancy 4. ETR Associates 5. Guttmacher Institute 6. Future of Sex Education (FoSE) 7. MTV’s It’s Your Sex Life 8. National Campaign to Prevent Teen and Unplanned Pregnancy 9. Office of Adolescent Health Teen Pregnancy Prevention Program 10. Sexuality Information and Education Council of the United states

17.23. Nobody has the courage to demand sex education in schools. But everybody agrees that sex education in schools can help the children. Everybody is speaking of the positive sides of “ One World One Nation”, Globalisation, Liberalisation, Boundary less world, 143

All free for all, unregulated freedom etc. but is not aware of its negative effects or side effects. We should have the mechanisms to counter the side effects of the new political, social and economic situations. Rape, violence against woman etc are all such side effects .

17.24. There are so many ways in which sex education can help the child grow up happier and healthier like

1. Boys and girls understand that the changes they are going through during puberty are normal and natural 2. Girls and boys know how to speak up when they face sexual abuse and harassment. 3. Girls and boys know the risks involved in having sex, amid growing peer pressure to engage in it 4. Girls and boys learn about the facts of life from an accurate, supportive source, instead of from pornography. 5. Most of all, girls and boys gain a lot of confidence by knowing the facts.

17.25. Sex Education in Schools have started at various parts of the country and Bangalore is one such place where PASAND – a social enterprise based at Bangalore - conducts regular workshops for GENDER SENSITISATION ( and not sex education !) . Sharmada Shastry , a social worker from the Pasand narrates the situation the following way “ We aren’t told about some very important things from a young age. For example: your mother would tell you not to go out or you will be raped, but she will never tell you what rape really is. Parents will ask where their daughters are going but not questions their sons. This leads to many children not understanding the gravity of something like abuse or rape. Children are curious and if they are shamed by adults for their questions, they look it up on the internet, making them even more vulnerable. It is important for someone with proper knowledge and an approachable attitude to inform the children about their rights, body changes, and how to stay safe. This is where Gender Sensitization workshops step into help”

17.26. The reactions to the Gender Sensitization workshops in the schools in Bangalore vary from school to school and also the socio-economic background of the children. At first, the children giggle, and are shy or uncomfortable. However, once the trainers get into the session their curiosity takes over any shyness. They ask many questions and understand that it is a serious topic for their own benefit. No one has ever spoken to them about sex or anything related to it before, whatever they knew is usually from the media or internet. When children can learn that their body changes are normal and natural, but that everybody is different, their reaction is a big sigh of relief and a smile. 90-95% of the female students who were trained for gender sensitization do not have much knowledge about their private parts. The trainer has to make children feel more comfortable. For that trainers/facilitators use ice- breakers, as well as personal stories and humor.

17.27. As Gender Sensitization or sex education is a sensitive topic, the response to the programme needs to be assessed without bias. The program has been great as revealed from the part of the students. The facilitators conducted pre and post survey to track how much they have learnt. The students tell that they have found more clarity on a particular topic. One example given by the Bangalore facilitator is more than enough. When they started off the class, girls don’t know much about menstruation and once the facilitators explained to the girls about the different taboos and gave them the information, they understood that it is not 144

shameful but a normal process of their body. With the boys the facilitator explained them about the pain their mother went through while giving birth, this in-turn leads them to respect woman and see them as equals.

17.28. Reactions from the parents are more of a mixed nature. Most parents are lacking critical information and they are not in a position to teach their children the subject. Engaging parents especially mother more effectively in the subject is a big task. Until and unless mother knows the subject thoroughly, how can she teacher her daughter about gender discrimination and child sex.

17.29. The conclusion is that sex need to be taught at schools before the age of 12, parents are not competent to teach their daughters the subject as they themselves do not know the subject . At the same time through collective efforts of the people, organizations and likeminded individuals and institutions, we can hope to keep our children safe by keeping them informed .

17.30. The woman organizations, the woman social, cultural or religious institutions have an important role to play in this vital subject.

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Co ordinator 2 classes

Supreme Court sets alimony benchmark: 25% of ex-husband’s net salary – Times on India dated 21st April 2017

SC directs Bengal resident , earning Rs 95,527 , to pay monthly alimony of Rs 20,000 to ex-wife and son . The supreme court bench consisting of Justice R Banumathi and M M Santanagoudar said the alimony nust be sufficient to ensure that women lived with diginity after separating from her husband

Sept 11/2012, Times Of india

Government considering salary for housewives from husbands

The government is seriously mulling a proposal to make it mandatory for men to share a certain percentage of their income with their wives, if the latter should stay at home and do household chores. Women and Child Development minister Krishna Tirath wants to quantify and calculate the value of work that housebound wives do for their families, and ensure they are paid this amount by their husbands. The intention behind such an absurd proposal might be a noble one – to financially empower women who stay at home. The problem, however, is that it can only be implemented by an Orwellian bureaucracy that pries into every aspect of family relationship and control all financial transactions taking place within. This is surely impossible to achieve, even if we don’t question its desirability. The idea comes from proposals by Western feminists to menetise household labour. But the cost of such labour 147 is high in the West, unlike in India. If the government is proposing to correct gender inequality by making husbands pay their wives the wages that maids might be paid for domestic labour, that could equally plausibly disempower as empower women within the family. It’s noteworthy that even in western countries , the sheer impracticality of such a scheme has kept it out of statute books anywhere.

Consider, after all, what it would take. There can be a myriad jobs undertaken to keep a household running, some even performed disproportionately by men, The government would have to draw up a list and devise a pay scale for each conceivable job. Then it would have to set up a gargantuan inspector raj to ensure its enforcement by each family. The sheer absurdity of this boggles the mind. The government can do far more for women by ensuring total female literacy, and enforcing existing laws against rape and domestic violence.

Meghna Roy – For decades feminists have been demanding wages for household work. Given the gender imbalance in all walks of life, it’s hardly surprising that women have ended up being the invisible nurturers and home makers, while men can go out and earn a living. But that’s not all. Even when women do the same professional jobs as men, often earning more than them, they still end up doing all the household work – cooking, cleaning, washing etc. Such work is considered lowly and beneath the dignity of men, even though they share the same household.

But by now acknowledging the need to monetise domestic work, the ministry of women and child development is doing the right thing. The proposal has also set into motion the much-needed debate about what constitutes work and whether that alone should signify activities outside the four walls of your home. At the heart of this debate are domestic women workers. Let’s remember one important factor: women’s low socio-economic status is linked directly to 148 society’s lack of recognition of domestic work. Ironically, it’s women’s hard labour, a lot of it nothing but sheer drudgery, which ensures the smooth running of a household , enabling men to carry on with their engagements and interactions with the outside world. Besides, keeping a household is not just about washing clothes and cleaning dishes. It also involves raising children, which is mostly done by women,

It’s puerile to argue that real gender equality lies in getting women out to work, and not paying for their domestic labour. Pushing for their right to choose, women are today reclaiming the traditional homemaker’s space, unlike in the 70s when it was unfashionable for women to want to stay at home. It’s high time that the Indian government made it mandatory to pay women for the routine household work that they do.