Professional Documents
Culture Documents
A RESOURCE DIRECTORY
RUPANTAR
A-26, Surya Apartments, Katora Talab, Civil Lines,
Raipur, C.G. 492001, Chhattisgarh
In
Collaboration With
UNIFEM
August, 2003
Resource for Women A Directory ACKNOWLEDGEMENT
This directory is a direct response to the need for a The preparation of this directory owes a great deal to many
comprehensive guide on the resources available for women in individuals or organisations.
crisis situations in Chhattisgarh.
We are grateful to the government and non-government agencies
Organisations working with women need information on who shared their experiences, materials, data and contacts with us.
the availability of support services such as councelling, legal aid, A special thank you is also due to the individuals working on this
alternative shelters etc. in order to help them in a hostile issue who have enriched this directory with the experience and in-
fashion. Although a large number of Organisations in Chhattisgarh formation.
provide some or all of these support services. Most women and
organisations working with women are not aware of their It is also important to note that all the information of the direcotry are
existance because informations on them has not been duly based on the informations provided by the relevant organisations.
collected and disseminated. This resource directory has been
compiled in order to fill this gap. The directory provides details of Our special thanks to UNIFEM, New Delhi and ZONTA INTERNA-
over a hundred government, semi-government and TIONAL for financial support and encouragement for the resource
non-government organisation working with women in the area of directory.
councelling, legal aid, alternative shelters, skill training
,marketing and credit. Published simultaneously in Hindi as well Within Rupantar, many people have contributed to the completion
as in English, it is hoped that the directory will be useful to of this work. In particular I would like to thank Ms. Ambika Nair, Ms.
individual woman seeking help, activists, policy makers, de- Sandhya Khare, Shri Madan Yadav and Shri Chinta Ram Sahu .
velopment planners, government officials as well as groups Thanks are also due to Shri Vijay Banthia who advised and helped
working in gender violence. us to complete this publication, for his dedicated effort.
Map of Chhattisgarh Contents
Analytical Articles
Like the neighboring state of Jharkhand, Chhattisgarh is also a resource rich
VIOLENCE AGAINST WOMEN: THE CASE OF CHHATTISGARH state. It consists of three natural regions that are rich in minerals, forest produce
as well as fertile alluvial plains. Rice as well other millet based cereal crops
ILINA SEN , are grown. The region is known as the rice bowl of India, and there is a
rich heritage of seed germplasm of indigenous parentage that are adapted
Violence against women takes many forms in Chhattisgarh. The exact to the many micro eco systems that the region contains.
nature of the problem, as well as the underlying causes, need to be Unfortunately, mainstream developmental policy has downplayed the contri-
analysed in some detail, before we can begin to strategise about bution of these indigenous seeds as well as indigenous farm practices,
possible ways of intervention to confront and overcome the problem. and has pushed an aggressive policy of agricultural modernization that
have given preference to mechanization and hybrid seeds.
The Context
Chhattisgarh is extremely rich in mineral resources, and in forests. In 1994-95,
The context of the discussion, is provided by Chhattisgarh, but perhaps the the seven districts of Chhattisgarh contributed over 70% of the mineral royalties
arguments could be extended to other areas with a similar developmental his- of the state of Madhya Pradesh, and over
tory. 40 % of the forest revenues. This rich re-
source base has been instrumental in ush- In Chhattisgarh, we have the
The Chhattisgarh region is an area that is an ecologically, linguistically, and ering in a period of rapid, heavy industrial- unique experiences of living
culturally distinctive region. Administratively it comprises of 16 districts, carved ization along the railway main line that several centuries of
out of the original seven , viz., Raipur, Durg, Rajnandgaon,Bilaspur, Surguja, traverses the Mahanadi valley en route from existence at the same time...
Raigarh and Bastar.The last three districts lie on the fringes of the region and Bombay to Calcutta.The industrialization
are considerably influenced by the culture and ecology of the areas they border, began with the commissioning of the Bhilai Steel Plant in 1957, and today is
Mirzapur, Ranchi, Gumla, Gadchiroli, and the Telengana districts of Andhra concentrated in the mega project called Raipur Industrial Development Area
Pradesh.The Chhattisgarh region, has a large area under forest cover, rich min- (RIDA), with growth nodes at Jamul (Bhilai), Urla (Raipur), Tedesara
eral reserves (limestone,quartzite, iron ore, bauxite alexandrite), and a large (Rajnandgaon),Siltara (Raipur), Borai (Durg) and Sirgitti (Bilaspur).The state in-
tribal population.The river Mahanadi flows through the central part of the region, dustrial policy of 1994 has , through a series of concessions and incentives,
and the plains areas in the river valley are famous for rice cultivation, with input accelerated the growth of this industrial belt.This has led to massive inmigration
intensive HYVs having replaced traditional seeds in much of this region. Along into the urban industrial nodes; however, today, (1999), with the industrial reces-
the railway, that passes through the valley centre , there has sprung up over the sion, many of these units, and their employees are in deep crisis.Since the
last twenty years, an industrial belt with three large cement plants,steel rolling cities were not designed for this kind of immigration, there have been a host of
and re-rolling mills,and a large mixed industrial estate. other existential and social problems.The industrial climate is characterized by
extreme insecurity of employment, vast extent of the contractual system,non
The population is mixed around this industrial and urban belt. In the rural areas payment of minimum wages and denial of basic statutory rights of workers,
of the Mahanadi valley, OBCs like the Sahus and the Kurmis dominate agricul- rampant discrimination among different categories of workers, and a strong re-
ture, and the Satnamis constitute a major scheduled caste component. sistance on the part of the employers to workers’ rights to organize
Chhattisgarh has approximately 34% Scheduled Tribe population, 12% Sched- themselves.The forest wealth of the region is similarly being rapidly exploited
uled Caste population, and more than 50% Other Backward Classes. While the by commercial interests,and the traditional mixed forestry of the central Indian
process of modernization seems to be apparent in the valley areas, the situa- jungles is being replaced by monocultures.
tion in the forest and hill areas on the periphery of the district is quite different.
Although being affected more and more by invasive forest and mineral exploita- Violence against Women.
tion, traditional lifestyles and population compositions have survived to a far
greater extent here. Some of these areas, dominated by the Gond, Halba and The violence that women face in today’s society in Chhattisgarh has to
Kamar/Bhujia and Oraon tribes, have recently been covered under the Exten- be seen against this backdrop.Although the various manifestations of
sion of Panchayati Raj to Scheduled Areas (PESA).
patriarchy are interconnected and ultimately traceable to patriarchal ideol- eighties and prior to 1991, women were employed as unskilled workers to do
ogy, the exact forms that this violence takes depends upon the context heavy load-lifting and cartage operations.
in a number of ways.
Women in the UIA are predominantly employed through contractors. In the 14
In Chhattisgarh, we can identify the following major kinds of violence units studied, there was no women company worker in any unit, although
against women. women worked as contractual workers in all of them. The 109 company work-
ers in these units were thus all male, and of the 243 contract workers, 118
The violence of economic liberalization. were women. When we disaggregate the data for regular, contractual and re-
trenched workers according to gender, we have the following picture:
In the climate of economic liberalization that the country is going through
today, a region like Male Female
Chhattisgarh, without a strong Protest by Women Regular workers 109 -
preexisting industrial base and
Under Chekri village (Ambikapur) area,
lacking strong organizational Contract workers 125 118
beat-guards of forest department were in-
base among industrial workers
volved in illegal business of selling wood. Retrenched workers 244 230
is vulnerable in many ways. A
When the people of Chekri village went to
case study of the Urla Indus- Total 478 348
the forest for callecting dry wood available
trial Area (UIA) near Raipur
on the graund they were with an aim to con-
shows that in the post liberal-
struct root top of houses, beat-guard started
ization era, industrial employ- Among the discriminated sections, that is, contractual workers and retrenched
troubling villagers.
ment is characterized by ex- workers, women are found in almost the same numbers as men, in fact more
treme insecurity of employ- women are contractual workers or have been laid off in proportion to their total
The people protested on the ground that
ment, non payment of minimum numbers than men.
government does not prohibit collection of
wages, rampant discrimination
dry wood fallen an ground and beat-guard
among different kinds of work- Women at Urla also appear to be the selective victims of modernization and
was terrorising them for the same cause.
ers, and vast extent of the reorganization in industry in response to economic liberalization. As an ex-
On being challenged beat-guard misbe-
contractual system. In this con- ample, we quote the example of Usha Industries, a small unit functioning on
haved with women folk in village by using
text women are particularly the outskirts of Raipur town since 1980.
abusing language. The women informed
vulnerable.
Amulya Bai a member of Mahila Shakti
The major product of Usha Industries used to be glucose bottles for intrave-
Sangh about the incident to. Amulya Bai
Women form about half the nous injections, and the unit functioned from a small shed with 45 women
along with sixteen women approached the
workforce at Urla. One might have workers and 3 men who were in a supervisory position. The women were paid
beat-guard to convince him about the
expected that they would be seen a monthly wage of Rs. 500 and worked with fairly simple manual technology.
women’s case. The Beat-guard in return
in the small-scale sector; only The management periodically informed them that they (that is, the manage-
went to with village women with twelve po-
however, they are also visible in ment) were putting money aside for them in a private provident fund. Since
lice men from Van Parishad office. Police-
the medium-scale Ferro alloy and none of the women was educated, and because they trusted the manage-
men when overlooked by the women lodged
other units. In the really large- ment, no one enquired into the veracity of this claim. In 1993, Usha Industries
FIR against them. For violating law. Many
scale industries like Simplex, secured a plot in UIA and decided to mechanize and increase its production.
against whom FIR was lodged were false
Khetawat and BEC, women work- The employees were suddenly informed that the unit would be closing down
names. One of the women whose name was
ers are no longer found, although as it was running at a loss. Upon enquiry about their “fund” , the women were
listed underwent delivery the day back
many workers recall that during told that the losses had in fact accumulated over several years, and that the
while another was old women eighty years
the construction and expansion management had used up the fund money to cover the losses. The women
old handicapped woman. The court case
phases of these units in the late organized themselves and sat in Dharna outside the factory gate, and during
against them still continues.
this period, they came to know the real reasons for the unit’s closure: Usha and worked on the assembly line. Yet they were penalized for minor lapses at
was planning to convert itself into a pharmaceutical unit. Although the agita- work. Lachni from the ayurvedic factory told us of a time when she and two
tion continued into 1995, the management finally managed to negotiate a peace- colleagues dropped a gunny bag full of medicine bottles and broke the contents.
ful end by paying each of the women Rs. 5,000. For this all three women were denied two day’s wages, that is, six women days
of work were extracted and not paid for.
The case of BK Hygiene was very similar: 53 women workers in the glove-
making unit were laid off because a new conveyor belt was being introduced The precise nature of violation of the legal rights of women workers can be seen
that would make their jobs redundant. The case of the women was taken up by in the case of Chandrasheela, a worker at the Gyan Rerolling Mills.
the PESS, and at the time of writing, the case is sub- judice.
Women workers in UIA have long working hours, and the women who were Chandrasheela’s experience, the law and the reality, are as follows:
interviewed spoke without exception about having to work more than the stipu-
lated eight hours at times when their company or contractor was under pres- Her experience The legal position
sure to fulfill a production target. No overtime wages were paid on such occa-
sions. Wage levels were also variable: the lowest wage recorded was that of She has been working as a The law forbids contract
Puni Bai, a worker in the ayurvedic medicine unit of Manish Plastics. Puni Bai contract worker for the labour if the
reported that she was being paid a daily wage of Rs 16 after two years of last three years. job is of a permanent or
service. She had begun work at the same daily wage. In her company the perennial nature.
senior women workers were paid up to Rs. 20 daily, whereas the men were
paid Rs. 25. Although employed for The factories Act (1948)
civil work, she often has to forbid work,
With the basics of the employer-employee contract (hours and wages) at this carry heavy, hot iron which may be injurious to
level, it is no wonder that the Urla women do not have the basic facilities chunks on her head. health.
stipulated as their due under the Factories Act. Kamla from Bhalotia Plywood
reported that there were not separate toilets for women in her workplace, and No safety equipment is Violates Factories Act.
the common toilets were without water. Several of the women in Bhalotia said provided.
that the women were followed to the door of the common toilet by the male
supervisor to make sure that they did not loiter there. This, they said, was Wages are Rs. 14 per day. Violates Minimum Wage Act.
done in order to humiliate them and keep them submissive.
Night shifts are frequent. Night shifts are forbidden
Maternity leave and benefits are given in some units and are not provided in for women
some others. However, maternity leave is invariably without pay. The women Working hours go up to Statutory working day twelve hours
of Classic Umbrellas and Monet Ferro Alloys reported that their companies a day. should not exceed eight
did allow three months off to women employees at childbirth, but did not pay hours.
them wages for this absence, so basically they were on leave without pay
during this period, although their right to return to work was protected. Some No identity card or appoin- This is legally requiredment letter
other companies like Gujarat Timber and Bhalotia Plywood did not even guar- is issued. within three days of
antee this and women worker who took time off at maternity had to negotiate appointment.
her re-entry.
Wages are not paid during Violates Maternity
In terms of jobs actually performed in a unit, women performed a wide range maternity period. Benefits Act of 1961.
of tasks. They lifted heavy loads, filled in gaps in timber and wood, sorted
Common toilets for men Violates Factories Act.
finished products, ground and packaged medicines, organized scrap metal,
and women.
No creche for children Statutory requirement in The violence of distorted development has many facets, and many of the
any unit employing more than twenty women. kinds of cultural violence that women face are connected with it.
The facts about women workers in the UIA speak for themselves. In conclusion The violence of tradition.
we can only comment on the obvious trends.
Chhattisgarh has a favourable gender ratio (w/mx10000).In India, it is above
Economic liberalization in the context of UIA seems to be only for the investors, the national average, and second only to that of Kerala.This gives us an
and only in terms of securing infrastructural assistance in a more liberal manner. illusion that the situation of women in Chhattisgarh is better than that in
The workers, and the women workers in particular, are not working in a liberated many parts of the country. However, on examination, we find this situation
atmosphere in any sense of the term, and the constitutional guarantees and to be only partially true.
statutory rights that are supposed to protect them are flouted with impunity.
While it is true that women here are engaged in public production and are
The conditions of employment and wages are unstable, as is the availability of free from the culture of seclusion,traditional social values and practices
work. The instability affects women more than men, because in the UIA none of display a violence that is subtle. Customary laws in Chhattisgarh relating
the women’s special requirements at work is met. While we must insist on women’s to marriage, divorce and child custody are heavily biased in favour of the
equal rights to participate in public production, we must also compensate them male partner. While, men and women in Chhattisgarh (barring a few upper castes)
socially for the special responsibilities they undertake of bearing and rearing are free according to customary law to terminate unsuccessful marriages and
children. It has to be the responsibility of the state to insist on this, but today we enter into other relationship in all cases where parents are separated, child cus-
see a retreat of the welfare state and a return of the laissez-faire economy in tody rests traditionally with the father. Early and pre-pubertal marriages still take
which structures of security and protection for workers built up painstakingly place frequently, and average age of commencement of childbirth is also low.
over a century are being abandoned. Many of the practices connected with childbirth and pregnancy are also ex-
tremely determental to women’s health and well being. For example according
We have focused our attention in this paper on women as workers. It must be to tradition, the mother is not given food or water for three days immediately
added that working class women who may not be directly in the production after delivery on the misinformed logic that this will make her secretion of breast
process are also affected by the insecurity and instability that mark the working milk indigestible for the new born infant. In certain tribal communities, women
environment of the UIA. are sent out to the forest to deliver their babies alone and unaided, and only
allowed to return after a stipulated period of “uncleanliness” is over.
In the area of agriculture, women are similarly vulnerable today. While Over large parts of Chhattisgarh, in tribal and non tribal populations, belief
women played a major part in the traditional farming systems of the state, in female witchcraft leads to large numbers of women being persecuted as
today’s developmental policies systematically marginalize them. Women are ‘tonhis’, (witches)and unlike Jharkhand, we do not have a special law to
rapidly losing their productive role in agriculture, their role as the deal with violence against women in this form.
managers of post harvest storage and seed keeping managers, as well as
their role as managers of household food security. Chhattisgarh today Domestic and physical violence
displays the clichéd but horrific picture of ‘packed godowns and starving
people’ to an extent unknown ever before. In the year 2001, hunger deaths As in many other parts of the country, domestic violence is also common
have been reported from Surguja, Bastar and Mahasamund. Distorted in Chhattisgarh.The belief system on which this is based is that of the
development policies have affected the food security of many of our authority of the patriarchal, patrilocal marriage system in which the author-
forest communities; although we do not have quantitative data, one can ity of the husband and his family have precedence.This is of course a
argue that women are among the most adversely affected by this kind of serious issue, but what is more serious is the fact that the breakdown of
phenomenon. traditional social bonding and dysfunctional social change the people are
experiencing has led to crimes against women on a scale never before
seen in our recent history. Rape, child rape, female molestation and other able for both sexes, it is customary law with regard to custody of the children
forms of violence against women are common occurrences in our cities that acts as a control mechanism in women’s otherwise total freedom to end
today where they were once unknown. Raipur city ranked fourth in the heterosexual relationships. For it considered that the father and his family
matter of crimes against women in the year 2000-2001 among the cities have a primary claim to the custody of the children and the male children have
of the country. a right to his property. In practice, all kinds of complex custodial arrangements
are worked out, because the fact is that fathers are often unable and unwilling
Conclusion Increasing Crime in Society to care for the children but are keen to exercise their ‘rightful ‘ claim. Such
cases are generally settled by arbitration through community elders. Although
The position of women Two Youths Sanju Mishra and Mohan women in Chhattisgarh enjoy many freedoms denied to their sisters elsewhere
in Chhattisgarh is very Dubey are alleged to have misbehaved with Brinda in the country, this is not in any way to suggest that the ideology of female
different in many ways Bai at Newai Dam near Bhilai (Durg) on March 18, subservience does not exist here. On the contrary, even in this situation the
than the pattern prevail- 2003 (Holi Day) 10:00 a.m. when she had gone male authority and dominance is quite clearly to be seen in social and cultural
ing over much of the there far a bath. Brindabai from Newai Kundra para life. Wife beating is common. Women lack political representation and are not
rest of Madhya Pradesh. (Durg) was beaten up and paraded naked by the sufficiently integrated in the decision making mechanisms at community level.In
Unlike women in north- duo at the same time .When she reported the mat- Chhattisgarh, the popular consciousness is a mixture of gender equity and
ern M.P.where the cul- ter to police she was again attacked by the youths female subservience and it is upto us to highlight the positive aspects and
ture of exclusion and at her house in the night at about 8 :00 p.m. Brinda downplay the negative ones.
seclusion seems to pre- had been married in Mungeli (Bilaspur), but was
vail, women in staying with her mother in Nevai for the past sev- The recently adapted state policy on women makes an effort to take into
Chhattisgarh are articu- eral months.. According to Brindabai the purpose account the specificities of the situation of women in the state. However,
late, visible, and play a of the youths had been to dishonour her. Mohan the mechanisms whereby the realities of multi faceted violence being
major role in public pro- Dubey’s brother Mahesh Dubey was often pub- faced by women in the state, the political and economic changes that are
duction. This is one of licly disreptful towards her, and about three affecting the fabric of our society are to be mediated through instruments
the few regions in the months back had even forcefully entered the of state policy is not clearly spelt out.The role of civil society, women’s
country, indeed the house. Brindabai lodged a complaint against organizations and theoreticians in this context is extremely important, as
world, where women use Mahesh under section 354 IPC, of misbehavior. is the role of larger political struggles. It is only through the concerted
the plough.They play a The incident at the dam had been in revenge for efforts of all sections of society that the situation for the large majority
central role in rice culti- this complaint. Sanju Mishra & Mohan Dubey were of the women in Chhattisgarh will change for the better.
vation, the major agri- arrested but Sanju Mishra was released an bail an
cultural activity in the March 26, 2003. n
region, and are to be
seen in most kinds of After his release he started to publicly threaten
wage labour Brinda that he would kill her and her mother. The
today.While derogatory duo who were daily wage workers, stoped work
practices like witch out of fear. Denied police protection, they have
hunting (Tonhi pratha) been moving from place to place for shelter.
exist, women enjoy
certain freedoms and social spaces in terms of relationships and normative
behaviour. The image of the strong woman is not historically or sociologically
unfamiliar in Chhattisgarh.
The State of
Chhattisgarh may be fast
moving towards a better No Women is a Witch
tomorrow but there are
still many practices that The concept of Tonhi (Witch) is one of
remind us of medieval the main superstition in the state of Chhattisgarh.
era. The Tonhi (Witch) A women is declared Tonhi and is accused of
scourge is one such bar- spreading disease and bringing disaster to the
baric and inhuman prac- village by performing Jadu-Tona (Witch craft).
tice, which is very com- These women are insulted and humiliated pub-
mon in Chhattisgarh vil- licly. Often it is accompanied by physical tor-
lages. It is in fact one of ture and they are ostracised from the commu-
the most commonly pre- nity. In many cases the torture is so severe that
vailing superstition in the they suffer from the wounds for months. Within
State. The way a women the village it is not possible to get treatment.
is declared a Tonhi and The psychological wounds due to public insult
subsequently subjected and dishonor stay for life. The influence of the
to some of the most in- powerful groups in the village is so great that the
human tortures points to news does not reach the cities and the women
the fact that women’s lib- and her family live a hallish life. In some cases
eration is a distant dream the women commit suicide.
as far as rural
Chhattisgarh is con- In witch hunting cases the village repre-
cerned. sentatives and the government officials does not
come forward. So the news does not reach out-
Cases of torture side the village and the rule of the socked Baigas
on women are reported (Witch Doctors) gets established. These Baigas
mainly from villages and declare all disasters in the village due to Jadu-
semi-urban settlements. Tona. They charge any amount for catching a
It is a matter of shame Tonhi, branding her and dringing the whole vil-
for educated society lage under his protection ( Gaon Bandhava) .
that women fall prey to They also declare any poor innocent women
incidences of supersti- Tonhi and leave her to suffer. These Baigas de-
tion. mand impossible tests from these women to
prove that they are not Tonhi. When the whole
Any children village is against the Tonhi, it is impossible for
falling ill in rural areas, her to prove herself innocent.
complains of stomach pain, loss of appetite, crying during night, are not only physically tortured to great extremes but are also publicly
sleeplessness, any problems with crop yield, animals falling ill or not humiliated and ostracized from the society. Many women cannot get over the
giving milk, death of animals etc. are triggers for allegations of witchcraft. trauma for a long time and their social ostracism creates horde of problems for
Usually, a male witch doctor (baiga)is called who identifies a village woman their future life, he said. Usually the perpetrators are either influential people of
as a witch and the entire village is then united against her.Usually a tonhi the village or are in majority due to which the remaining few can hardly protest
(witch) is an adult woman, often issueless or a widow, and very often in against the atrocity, said Dr.
property or custody dis- In village Jamirra of Sukhapara Mishra. Due to this very few po-
pute with individuals or lice complaints are registered by
families in the village.
Following the death of a women named G r a m P a n c h a y a t n e a r the victim or any other person
Kumari Bai in Jaresar village under Dharsiwa Dharamjaigarh, a seventy years old against the tortures. Many times
Dr. Mishra feels Development Block in Raipur District,her widow Matibai committed suicide. the treatment meted out is so hor-
that only a total change in husband Paramanand levelled allegations of The villagers in trouble over natural rible that the victim is completely
social perspective can help Witchcraft on old village women named calamities consulted a witch doctor terrorized and loses all hope. The
in solving this problem.
“Though we have entered
Laxmi Bai. Plunged in superstitous belief, Samaru Ram. On whose advise some victims have no recourse but to
Parmanand left the dead body of his wife end their lives in desperation,
the 21 st century, we still women in villagers were identified pointed Dr. Mishra.
at the house of Laxmi Bai and asked her to
carry the beliefs and prac- return Kumari Bai to life. The entire vil- as Witches. Witch doctor said that
tices of 18 th century, said Dr. this women by their art of Witchcraft Dr. Mishra was also very
lage kept torturing Laxmi Bai terming her
Mishra and added that it is has spelled trouble on village people. critical of the role of the
imperative to develop vil-
Witch and she was turned out of the vil- administration in addressing this is-
lage. Those innocent women were then
lages and bring about an sue. Even the administrative offic-
overall change in the think- subjected to torture. Under extreme ers as well as the public repre-
ing of the people. “ only then can we think about progress’’, said Dr. Mishra who pressure, beating and dishonor one sentatives turn a blind eye to the
is of firm opinion that without an open mind, education is a farce. of the three Jajobai jumped into the problem, feels Dr. Mishra. Due to
well to end her life. this, 99 percent of the cases re-
Pointing at the dismal record of the state in this matter, Dr. Mishra said main unsolved and the hapless vic-
that in the last one year, Chhattisgarh has witnessed series of cases in which tims fail to get justice.
rural women were subjected to extreme humiliation time and again. “As long as
people do not have an open mind and treat fellow humans with compassion, real Talking about the methodology of branding a women, Dr. Mishra said, it
development and progress would remain a distant dream’’ said Dr. Mishra. is the Baigas who dictate the rules and brand the victims as Tonhi. These people
are also one of the most feared and influential people of the village. They first
Blaming a women for any natural or mandate calamities that befell a chose a certain women, then accuse her of being a tonhi. Later they lay certain
village shows the ignorance and superstition of the people, said Dr. Mishra and conditions before the women to absolve her of the charge. But usually these
added “It proves that people are still as uneducated and illiterates as they were conditions are impossible for her or any other women to meet and the whole
hundreds of year ago. “ We have to fight against these beliefs and without the village then brands her a Tonhi. The influence of the Baigas rises from the
help of entire society, it is a daunting task, said the champion of women’s ignorance and illiteracy of the villagers, said Dr. Mishra.
emancipation.
The villagers fail to see that these women are to weak too defend them-
According to Dr. Mishra the Tonhi menace is no longer restricted to a selves and incapable to do any harm to the entire village. Dr. Mishra feels that
particular village or caste, but is social problem and hence, has to be addressed it is necessary to provide education to the people to liberate them from such
through collective efforts. superstition and dogmatism, otherwise the overall development of the state
would remain a distant dream. “To make it a reality, to entire state
Expressing outrage over the condition of women, Dr. Mishra said, women administration, Non Government Organisations, and societies of the state must
work unitedly towards the goal,” said Dr. Mishra.
Darkness before coming to world ....
The business of sex pre-selection at Birth in Chhattisgarh
(adapted from Rajendra Soni)
State government under the new rule has been trying to cre-
ate awareness against killing of foetus and an attempt has been
made to check it. A provision has been kept for fine of one thou-
sand rupees for doctors found to be involved in illegal practice along
with three years of imprisonment. On being found involved for sec-
ond time fine may rise to fifty thousand and five years jail, informed
Dr. V. Jaiprakash In charge Officer PNDT after a meeting in this
regard.
Crimes Against Women
(1995 to 1999)
Section 1
S r. N o . State/District 1995 1996 1997 1998 1999
The T a b l e s t h a t f o l l o w a r e b a s e d o n D a t a p r e s e n t e d
by Centre for Women’s Development Studies in a publica- 1. Bastar 254 1 1 10 132 129
tion on Crimes Against Women, 2002. Please note that the 2. Bilaspur 702 159 177 254 307
data refers to seven districts as against the present num- 3. Dantewada 80 9 0 55 61
ber of 16 districts. 4. Durg 482 81 87 521 579
5. Raigarh 295 50 31 181 146
6. Raipur 713 98 58 584 370
In 2001 the seven districts existing up to that time 7. Rajnandgaon 285 16 32 231 264
in the area that later formed the state of Chhattisgarh, were 8. Sarguja 523 58 62 474 503
broken up as follows:
1. Raipur - R a i p u r, M a h a s a m u n d ,
Dhamtari
Total Congnizable Crimes
2. Durg - Durg (1995 to 1999)
3. Rajnandgaon - Rajnandgaon, Kawardha
S r. N o . State/District 1995 1996 1997 1998 1999
4. Bastar - B a s t a r, D a n t e w a d a , K a n k e r
5. Bilaspur - B i l a s p u r, C h a m p a - J a n j g i r, 1. Bastar 2877 2613 2448 1987 1987
Korba
2. Bilaspur 8555 8445 9161 4063 4060
6. Sarguja - Sarguja, Koriya 3. Dantewada 1210 1116 1138 991 923
7. Raigarh - Raigarh, Jashpur 4. Durg 5978 6225 7203 7040 6906
5. Raigarh 2607 2903 2545 2118 1619
The later tables in this section follow the current 6. Raipur 9350 7772 7427 7143 5282
division of districts. 7. Rajnandgaon 2763 3019 2916 2605 2508
8. Sarguja 4020 3825 4101 3392 3102
Rape
(1995 to 1999) Dowry Deaths (1995 to 1999)
S r. N o . State/District 1995 1996 1997 1998 1999 S r. N o . State/District 1995 1996 1997 1998 1999
1. Bastar 74 61 67 50 47 1. Bastar 3 0 1 0 1
2. Bilaspur 120 129 138 65 58 2. Bilaspur 17 17 24 16 15
3. Dantewada 28 35 29 20 22 3. Dantewada 0 0 0 0 0
4. Durg 118 165 155 166 129 4. Durg 1 1 17 7 0 12
5. Raigarh 74 80 59 50 35 5. Raigarh 2 5 6 3 10
6. Raipur 177 173 161 171 101 6. Raipur 7 5 7 0 0
7. Rajnandgaon 69 72 105 64 80 7. Rajnandgaon 1 1 6 0 0 3
8. Sarguja 147 148 131 170 146 8. Sarguja 1 4 2 5 3
S r. N o . State/District 1995 1996 1997 1998 1999 S r. N o . State/District 1995 1996 1997 1998 1999
1. Bastar 22 1 1 10 9 12
2. Bilaspur 209 159 177 54 82
3. Dantewada 2 9 0 2 4 Section 2
4. Durg 65 81 87 70 118
5. Raigarh 20 50 31 27 16
6. Raipur 131 98 58 69 38 This data refers to the Police Districts
7. Rajnandgaon 32 16 32 31 45
in the New State of Chhattisgarh. By
8. Sarguja 69 58 62 51 61
and large the police districts conform
S r. N o . State/District 1995 1996 1997 1998 1999 only districts from the point of view of
1 Murder 19 34 25 1 Murder 9 6 6
4 Hurt 63 92 78 4 Hurt 23 35 28
7 Kidnapping 18 21 45
7 Kidnapping 3 6 0
8 Rape 112 104 148
8 Rape 27 34 31
Total 406 546 580
Total 154 163 146
Note : The columns with no figures indicate information not available. Note : The columns with no figures indicate information not available.
Source: State Crimes Record Bureau. Source: State Crimes Record Bureau.
These Crime figures (tentative ) are based on MAC These Crime figures (tentative ) are based on MAC
Statistics on cases reported on Crimes against Statistics on cases reported on Crimes against
women in Dhamtari District women in Durg District
1. Murder 7 7 5
1. Murder 1 1 23 19
2. Attempt to murder 0 2 2
2. Attempt to murder 12 9 18
4. Hurt 7 9 15
4. Hurt 78 49 44
5. Grievous Hurt 3 7 3
5. Grievous Hurt 23 21 24
6. Molestation 51 48 54
6. Molestation 261 306 294
7. Kidnapping 4 4 2
7. Kidnapping 28 31 3
8. Rape 20 27 21
8. Rape 136 144 132
Sr. No. Particular 2000 2001 2002 Sr. No. Particular 2000 2001 2002
1. Murder 10 1 1 13 1. Murder 25 23 16
7. Kidnapping 7 2 0 7. Kidnapping 21 19 14
8. Rape 63 58 60 8. Rape 54 69 72
Note : The columns with no figures indicate information not available. Note : The columns with no figures indicate information not available.
Source: State Crimes Record Bureau. Source: State Crimes Record Bureau.
These Crime figures (tentative ) are based on MAC These Crime figures (tentative ) are based on MAC
Statistics on cases reported on Crimes against Statistics on cases reported on Crimes against
women in Kawardha District women in Janjgir District
Sr. No. Particular 2000 2001 2002 Sr. No. Particular 2000 2001 2002
1. Murder 16 14 1 1
1. Murder 10 6 9
2. Attempt to murder 2 3 2
2. Attempt to murder 4 0 1
Sr. No. Particular 2000 2001 2002 Sr. No. Particular 2000 2001 2002
1. Murder 14 15 14 1. Murder 31 49 45
4. Hurt 38 31 27 4. Hurt 9 14 18
7. Kidnapping 5 6 0 7. Kidnapping 31 12 0
Note : The columns with no figures indicate information not available. Note : The columns with no figures indicate information not available.
Source: State Crimes Record Bureau. Source: State Crimes Record Bureau.
These Crime figures (tentative ) are based on MAC These Crime figures (tentative ) are based on MAC
Statistics on cases reported on Crimes against
Statistics on cases reported on Crimes against women in Jashpur District
women in Raigarh District
Sr. No. Particular 2000 2001 2002
Sr. No. Particular 2000 2001 2002
1. Murder 14 14 23
1. Murder 18 18 10
2. Attempt to murder 2 5 6
2. Attempt to murder 4 3 3
3. Murder for Dowry by
3. Murder for Dowry by
burning and by other means - - -
burning and by other means - - -
4. Hurt 15 13 7
4. Hurt 18 27 14
5. Grievous Hurt 9 12 12
5. Grievous Hurt 6 16 10
6. Molestation 43 44 43
6. Molestation 83 85 127
7. Kidnapping 9 2 0
7. Kidnapping 6 8 12
8. Rape 42 35 35
8. Rape 50 46 30
Total 134 125 126
Total 185 203 206
Sr. No. Particular 2000 2001 2002 Sr. No. Particular 2000 2001 2002
1. Murder 9 12 6 1. Murder 1 1 9 5
4. Hurt 27 26 35 4. Hurt 16 4 3
7. Kidnapping 7 8 10 7. Kidnapping 2 1 0
8. Rape 38 32 52 8. Rape 23 39 35
Note : The columns with no figures indicate information not available. Note : The columns with no figures indicate information not available.
Source: State Crimes Record Bureau. Source: State Crimes Record Bureau.
These Crime figures (tentative ) are based on MAC These Crime figures (tentative ) are based on MAC
Statistics on cases reported on Crimes against Statistics on cases reported on Crimes against
women in Jagdalpur District women in Dantewara District
Sr. No. Particular 2000 2001 2002 Sr. No. Particular 2000 2001 2002
1. Murder 1 7 1 7 1 1 1. Murder 23 15 7
4. Hurt 32 35 20 4. Hurt 10 4 4
6. Molestation 60 51 57 6. Molestation 21 18 19
7. Kidnapping 14 4 0 7. Kidnapping 2 7 1
8. Rape 66 59 46 8. Rape 15 19 9
Sr. No. Particular 2000 2001 2002 Sr. No. Particular 2000 2001 2002
1. Murder 1 0 1 1. Murder - 7 7
4. Hurt 5 0 1
4. Hurt - 5 6
5. Grievous Hurt 0 0 0
5. Grievous Hurt - 2 1
6. Molestation 8 4 3
6. Molestation - 20 36
7. Kidnapping 1 0 0
7. Kidnapping - 0 0
8. Rape 0 0 5
8. Rape - 12 32
Total 15 4 1 1
Total - 46 83
1. Murder - 0 1
2. Attempt to murder - 0 0
8. Rape - 3 8
Total - 4 21
n Encourage inclusion of women’s prespectives in planning n Examine the customary practices and belief systems and
of housing and provision of shelter in rural and urban take steps to mitigate the negative and unacceptable
areas so as to ensure that the benefits of housing, elements that degrade women through education, penal
essential services and community facilities are directed to action, etc. Efforts would be made to make the customary
women in general. laws more rational and logical through education.
n Preferential allotment of plots and houses to women by n Evolve special programmes for women victims of
public agencies. systematic cultural and social violence such as for women
persecuted as “Tonhis”
n Set up homes and rehabilitation centres and orphanages
with provision for medical, psychological and economic n Discourage domestic violence through media and
rehabilitation for women victims of marital violence, so- awareness campaigns and make it a legally culpable
cietal callousness, etc. The government will encourage offence.
NGOs across the State in setting up and running these
centres and provide other financial and infrastructural n Effective implementation of “Nashabandi Karyakram” to
discourage alcoholism among males, which bears a large
share of responsibility for the domestic violence perpetrated
on women. Rights for closure of the sale outlet would vest
with the Gram Sabha as per the State Excise Policy.
n
Supportive Structures for Women Including Women in
Distress and Victims of Violence in the State
MAHASAMUND DISTRICT
Section - II Name
Address
-
-
Pariwar Paramarshdatri
Mahasamund , C.G.
President - Collector
Member - Shri Arun Shukla
District wise listing of supportive Member - Smt. Anita Rawte Phone- 222453
structures and services offered Member - Smt. Alka Khatti, (Social Worker)
Phone- 222539
by State Agencies, Non Member - Mira Das (Social Worker ) Ph. 222288
Government Organisations, Trade Member - Smt. Sarita Tiwari, Phone- 222467
Member - Smt. Pramila Shukla, Phone- 222266
Unions and Mass Organisations
N G O s
N G O s
Hostel
N G O s
N G O s
Trade Unions and Mass Organisations Name - Mahila Utpidan Nivaran Samiti
Department of Distt. Women and Child
Name - Chattisgarh Chemical Mazdoor Development
Sangh (CMM) Address - Kawardha, Chhattisgarh
Address - Shaheed Nagar, Birgaon, Phone - (07741) 232886
Raipur, Chhattisgarh, President - Collector
Phone - (0771) 562488 Block President - S D O
Member - Health Workers & Advocates
Name - Pragatisheel Engineering Shramik Director - P. Salam Distt. W.C.D.
Sangh Project Officer - Smt. Indu Thakur,
Address - Shaheed Nagar, Birgaon, Raipur, Phone- (07741) 233169
Chhattisgarh
N G O s
N G O s
Name - Adivasi Harijan Kalyan Samiti
Name - Chhattisgarh Mahila Jagriti Sangathan
Address - Post - Chhindgarh,
Address - Village - Chhotasipat, Malkharoda,
District Dantewara, Chhattisgarh
District- Champa - Janjgir, Chhattisgarh
Hostel
IG 07782-222752 222753
SP 07782-222336 222303
Kotwali Police Station 07782-222350 228899
Bodhghat Police Station 07782-222448
Parpa 07782-222237
Nagarnar 07782-265232 SP (KRA) 07836-232223
Lohandimud 07782-288240 SP (BLR) 07831-273800
Kondagaon 07782-242239
SDOP Kondagaon 07782-242310 242309 Police Station Raipur
Keshkal
· To demand that your bodily search be carried out only by another female in
a decent manner
· To search any police women before she searches you
DOMESTIC VIOLENCE
n the complaint must contain all the facts and brief narration of the
events-both the past and the immediate cause just before filling
of the complaint.
n Offences under sec. 498-A are cognizable i.e., the police officer
can arrest without a warrant and non-bailable i.e., the police them- SECTIONS IN THE INDIAN PENAL CODE RELATING TO VIOLENCE
selves cannot grant bail, and the same has to be obtained in the
Court.
Section Offence Punishment
(Torture both mental and physical come under Sec. 498-A IPC)
302 Murder Death or imprisonment for
life and f i n e
CIVIL REMEDY
323 Voluntarily causing hurt-if a man Imprisonment for 1 years,
has beaten or threatened to beat fine of Rs. 1000 or both.
n Women can file suit under order VII Rule 1 of the Code of Civil
Procedure in the Family Court, where there is no Family Court
in a Civil Court against the husband or relatives who are ha- 324 Voluntarily causing hurt by dangerous Imprisonment for 3 years or
rassing the women to seek any of the following orders:- weapons or means fine or both.
n That the spouse or/and his relatives are restrained from oust-
ing the women and her children from the marital home/Matri- 325 Voluntarily causing grievous hurt by Imprisonment for 7 year and
monial home. dangerous weapons or means fine
341 Wrongfully restraining any persons Simple imprisonment for 1 n Till such transfers are made the man holds the property as a trustee
month or fine or Rs. 500/- or for the benefit of the women. Failure to transfer within 3 months in
both. punishable.
342 Wrongfully confining any person Imprisonment for 1 year or n The property received by a women at the time of marriage is her
fine of Rs. 1000/- or both. “Stridhan” and belongs exclusively to her and the same is to be re-
tained by her notwithstanding from whom she got the property or valu-
343 Wrongfully confining for 3 or 4 days Imprisonment for 2 years or ables.
fine or both.
n The offences under this Act are cognizable, non-bailable and non-
344 Wrongfully confining for 10 or more Imprisonment for 3 years days compoundable.
and fine
n Complaint for dowry harassment may be lodged by the aggrieved party,
347 Wrongful confinement for the Imprisonment for 3 years her parents, or by any recognized welfare institution or by the court on
purpose of extorting property or and fine. its own knowledge (suo motto)
constraining to do an illegal act, etc.
n The presumption of guilt is fastened on the person persecuted unless
355 Assault or use of criminal force with Imprisonment for 2 year or he proves otherwise.
an intent to dishonor a person fine of Rs. 1000/- or both
otherwise than on a grave provocation. n Section 304-B of IPC :- If a women dies within 7 years of her marriage
and she had been subjected just before her death to cruelty or harass-
357 Assault or use of criminal force for Imprisonment for 1 year or ment by her husband or his relative, that such cruelty or harassment
wrongful confinement fine of Rs. 1000/- or both. was in connection with any demand for dowry and that the death is
caused by burns, bodily injuries, or accurred otherwise than under
THE DOWRY PROHIBITION ACT, 1961 normal circumstance, then the husband or relative shall be deemed to
have caused the death and is punishable with imprisonment of not
n Any property agreed to be given in connection with marriage before or less than 7 years which may extend for life.
after the marriage amounts to Dowry.
n If a complaint is being filed under Section 304-B, care should be taken
n Demanding property in connection with marriage is a crime and pun- to narrate the events that took place immediately before her death.
ishable.
n Section 498-A of IPC :- If the husband or the relative of the husband a
n Giving and taking dowry is prohibited and is punishable. women subjects her to harassment with a view to coerce/force her or
n Advertising offering property or money as consideration for the mar- any other person related to her to meet unlawful demands for any
riage is punishable. property or money etc., then the husband or the relative shall be pun-
ishable with imprisonment that may extend up to three years and fine.
n Giving persent to the bride or bridegroom is not considered dowry
provided they are entered in a list to be maintained by both the par-
ties.
SEXUAL HARASSMENT IN WORK PLACE l Notify, publish and circulate-acts prohibited.
n Any unwelcome sexually determined behaviour - direct or implicit viz. l Provide optional transfer, if the victim feels necessary.
Such Acts committed amounts to sexual harassment: l Facilitate discussions in employee-employer meetings.
n When the victim has a reasonable apprehension l Create awareness among women about sexual harassment.
-That such conduct is humiliating
II Duty to Provide Procedure for Resolution Complaint Mechanism
-Constitutes health and safety problem. headed by women.
n When the victim has a reasonable ground to believe that her objections to III Duties of the committee :- provide counselling, medical aid, legal aid,
such acts would disadvantage, would prejudice her in connection with work, maintain Confidentiality and time bound inquiry.
recruitment, promotion, creates an hostile work atmosphere.
RAPE
n When non-consent/objections to such acts entails adverse consequences.
l Rape is an offence not against the individual but like all crimes in the
Indian Penal Code it is a crime against the State
DUTIES AND OBLIGATIONS AS PER JUDGEMENT
l Once the incident occurs, it has to be reported immediately without any
I. Duty to Prevent Commission Acts of Sexual Harassment delay to the jurisdiction police station. As far as possible the complaint
must be given in writing containing all relevant facts in order to avoid ma-
l Identify the acts that constitute sexual harassment
nipulation. Then the police will investigate the matter and file charge sheet.
l Prohibit acts of sexual harassment - workplace/precincts/residence.
l The information, i.e., the person filling the complaint is entitled to a copy of
the First Information Report (FIR).
l Penalize commission of acts of sexual harassment.
l The victim must undergo medical examination
l Abetment to be defined to include non action of the official concerned.
II Persons may be charged with the following sections in a rape case
l The trial is conducted in a court of sessions and not a magistrate court, by
the public prosecutor. 511 Attempt to commit rape Imprisonment for life or
imprisonment half the period
l Like all criminal matters the victim cannot have an independent lawyer, meant for rape
unless she makes an application for appointing a special prosecutor. Any
advocate with 10 years of practice can be appointed as a Special Public 109 Aiding and abetting rape Imprisonment for life & fine.
P r o s e c u t o r.
34 Common intention (gang rape) Imprisonment for life or fine or
PROVISIONS RELATING TO SEXUAL OFFENCES both.
IN THE INDIAN PENAL CODE
201 Suppressing evidence/false
information Imprisonment for 7 yearsand
fine.
Section Offence Punishment
I Rape 342 Wrongful confinement Imprisonment for 1 year/
375 Sexual intercourse by a man with Minimum imprisonment for 7 fine/both.
a women & against her will without years up to life imprisonment 363 Kidnapping Imprisonment for 7 years
her consent or Consent obtained and fine and fine
fraudulently.
417 Cheating Imprisonment for 1 year/
376 Intercourse with his wife who is fine/both
below 12 years of age. Imprisonment for 2 years.
458 House trespass or house breaking
376 A Intercourse by a man with his wife Imprisonment for 2 years by night after preparation for causing
during separation and fine. hurt 14 years and fine
376 B Intercourse by a public servant with Imprisonment for 5 years 354 Assault or criminal force to women Imprisonment for 2 years or
women In his custody. and fine. with an intention to outrage fine or both
her modesty.
376 C Intercourse by Superintendent of Jail, Imprisonment for 5 years
remand Home and fine 509 Outraging the modesty of women Simple Imprisonment for 1
p h y s i c a l l y / v e r b a l l y / g e s t u r e s / e x h i b i t s . year or fine or both
376 D Intercourse by members of Imprisonment for 5 years
management, or staff of a hospital and fine. 499 Defamation Imprisonment for Upto 2
with any women in the hospital years with fine or both
377 Unnatural offence : Voluntary carnal Imprisonment for 10 years 366 Kidnapping, Abducting: with intention Imprisonment for 10 years to
intercourse against the order of nature and fine. compel the women to marry and fine.
with any women i.e., oral or and sex, against her will.
man or animal. In order that she may be forced or
seduced to Illicit Intercourse.
Or knowing that she is likely to be
compelled into marriage or forced into l Prevention of sexual exploitation of persons for commercial purposes.
illicit intercourse or seduction.
l Soliciting and/or seduction in public places is a crime (Sec. 7 & 8)
366 A Procuring a girl below 18 years with Imprisonment for 10 Years
intention of or knowledge of the and fine. l Offences involving children/minor-stringent punishment.
intention to force or seduce to illicit
intercourse. l Does not address the health concerns of the persons trafficked.
366 B Importation of girls below 21 years Imprisonment for 10 years l Provides for Rescue and Regabilitation of the prostituted women (Sec.
with intention or knowledge of the and fine. 10 - A, 16 & 17, 21)
intention to force or seduce to
illicit intercourse l. Voluntary rehabilitation (Sec. 19)
367 Kidnapping or abducting with Imprisonment for 10 years l Removal of Prostitutes from any place - on complaint (Sec. 20)
intention of or knowledge of the and fine.
intention to subject a person to l Special enforcement mechanism. (Sec-13-15).
grievous hurt, slavery or to the
unnatural lust of any person. l This does not focus on persons who are voluntarily in this field.
372 Selling a minor person below 18 Imprisonment for 10 years l Provides for mandatory testing for STD (Sec. 15 (5-A).
years for purpose of prostitution or and fine.
for illicit intercourse or for any unlawful OFFENCES :-
and immoral purpose or knowledge of
such intention. X Keeping brothel or allowing the premises to be kept as a brothel.
373 Buying a minor person below 10 Imprisonment for 10 years X Leasing/using a premises for brothel. (landlord/tenant, lessor/lessee)
years for prostitution or for illicit and fine.
intercourse or for any unlawful and X Living on the earnings of prostitution (Sec. 4)
immoral purpose or knowledge of such
intention. X Procuring, inducing, taking a person for the sake of prostitution.
IMMORAL TRAFFIC (PREVENTION) ACT, 1956 X Detaining persons in the brothel/premises where prostitution is carried
on, with an intention to have sexual intercourse with a person who is
l In India prostitution is tolerated and regulated. not a spouse.
l Prostitution is per se not a crime. Prostitution is not abolished/prohib- X Enhanced punishment for subsequent offence.
ited/banned
X Stringent punishment for the above said offence where the person
l The Act intends to criminalize and penalize the Institutions/Industry involved is a child/minor.
(brothel, brothel keepers, procurers, pimps, touts, middleman, land-
lords etc. ). But actually ends up criminalising and penalizing women. X Special Courts are to be set up for trial of cases under this act.
l Trafficking of persons- male/female is prohibited. X An offence under this Act is cognizable i.e., a police officer can arrest
with out a warrant. contraventions of the Act.
X Special police officer (SPO), not below the rank of Inspector to be X The Indian penal code penalises obscenity.
specified by the State Govt. to deal with matters under this Act. Traf-
ficking police officers to be appointed by Central Govt. to deal with PROVISIONS IN INDIAN PENAL CODE REGARDING OBSCENITY
interstate trafficking.
1. Section 292 Sale of Obscene Books Imprisonment for 2
X Non-official advisory body consisting of not less than 5 leading social years with fine
welfare workers of that area, including women social welfare workers 2. Section 292-A Printing of gross indecent Imprisonment for
to advice on questions of general importance regarding working of the sor scurrilous matter 2 years/fine/both
Act. or matter intended for
blackmail
THE INDECENT REPRESENTATION OF WOMEN 3. Section 293 Sale of obscene Imprisonment 3 years
(PROHIBITION) ACT, 1986 objects to for young with fine
person
X The act prohibits depiction in any manner the figure of women, body 4. Section 294 Obscene Songs Imprisonment for
or any part thereof, in such a way that has the effect of being indecent 3 months
or derogatory to or denigrating women.
THE COMMISSION OF SATI PREVENTION ACT, 1987
X It intends to prevent women being depicted as sex objects in the
media for commercial gain or prevent the commodification of women. X This Act intends to prevent commission of Sati by any one.
X This Act intends to prohibit indecent representations of women in writ- X Any person who commits Sati or does any act towards such commission
ings, paintings, figures or in any manner that is likely to deprave, is punishable with imprisonment that may extend to one year or fine or with
corrupt or injure the public morality or morals. both.
X It penalizes persons who publishes or aranges or takes part in the X Person abets the commission of such Sati, either directly or indirectly,
publication or exhibition of any advertisement which contain indecent shall be punishable with life imprisonment and fine .
representation of women in any form.
X Abetment includes:
X It penalises pesons who sell, hire, distribute, circulate or send by
posts any books, pamphlet paper, slide, film, writings, drawings, paint- X Inducing a woman to commit Sati;
ings, photograph figures or representation which contains indecent
representation of women in any form. X Making the woman believe that the commission of Sati would result in
some spiritual benefit to her or to the deceased husband’s family;
X The punishment is imprisonment for a term which may extend to 2
years with fine up to Rs. 2000/- X Encouraging a woman to remain fixed in her resolve to commit Sati and
thus instigating her to commit Sati.
X However certain exceptions are made in favour of religion, art, learn-
ing and ancient monuments. X Being present at the place where Sati is committed.
X The Act empowers Gazetted officers authorised by the State Govern- X Preventing or obstructing a woman from saving herself from being burnt or
ment to enter and search premises, seize articles and examine records buried alive.
or materials which he has reasons to believe to be in the nature of
X Obstructing or interfering with the police in discharge of their duties of l Termination of pregnancy shall be made only in the hospital established or
taking steps to prevent the commission of Sati. maintained by the government or such other places as approved by the
government.
X Glorification of Sati is punishable with imprisonment for not less than one
year which may extend up to 7 years and fine of Rs. 5,000 to Rs. THE PRE-NATAL DIAGNOSTIC TECHNIQUES
30,000/-. (REGULATION AND PREVENTION OF MISUSE) ACT, 1994
X The Government has power to remove the temple or any other structure l The Act prohibits misuse of pre-natal diagnostic techniques for determi-
which has been in existence for not less than 20 years, where any form of nation of sex of foetus leading to female foeticide.
worship or the performance of any ceremony is carried on with a view to
perpetuate the honour or preserve the memory of the person in respect of l It prohibits advertisement of pre-natal diagnostic techniques for detection
who such Sati has been committed. of sex of the child.
The Collector or the District Magistrate has powers to seize properties or l The Act permits and regulates use of pre-natal diagnostic techniques for
funds that has been acquired or collected for the purpose of glorification the purpose of detection of specific genetic abnormalities or disorders.
of the commission of Sati.
l The Act permits use of pre-natal diagnostic techniques only under certain
THE MEDICAL TERMINATION OF PREGNANCY ACT, 1971 conditions by registered institutions.
l Abortion in India has been legalized since the year 1971. l The conditions are :-
- The age of pregnant woman is above thirty five years
l The medical practitioners under the following circumstances could per- - The pregnant woman has undergone 2 or more spontaneous abortions
form abortion up to 20 weeks of gestation. or foetal loss.
- The pregnant woman has a family history of mental retardation or physi-
l If the doctor is of the opinion that continuance of the pregnancy would cal deformities such as spasticity or any other genetic disorder.
involve a risk to the life of the pregnant woman or would cause grave - The pregnant woman must consent in writing to undergo such proce-
injury to her physical or mental health. dure.
- The pregnant woman must be explained all known side effects of such
l If the continuation of pregnancy causes substantial risk that if the child procedure.
were born in would suffer such physical or mental abnormalities as to be
seriously handicapped. l the medical practitioner who offers such services and the person who
seeks such persons are liable for punishment of imprisonment up to 3
l If the pregnancy caused by rape and the anguish caused by such preg- years and fine which may extend up to ten thousand. In addition action
nancy is presumed to constitute a grave injury to the mental health of the can be taken by the Medical Council of India to remove the name of such
pregnant woman. doctors who has been convicted for such an offence for a period of 2
years.
l If the pregnancy occurs as a result of failure of family planning device, the
anguish caused by such unwanted pregnancy may be presumed to con- l It provides for a Central Supervisory Board consisting of Minister of Fam-
stitute a grave injury to the mental health of the pregnant woman. ily Welfare, as the Chairperson, Secretary to Government of India is charge
of Department of Family Welfare, as its Vice Chairperson, and others to
l No pregnancy shall be terminated without the consent of the pregnant advice the government on policy matters relating to use of pre-natal diag-
woman. nostic techniques, to review implementation of the Act, to creat public
awareness against the practice of pre-natal determination of sex and fe- X Which has the effect of causing or generating a sense of shame or embar-
male foeticide, to lay down code of conduct to be observed by persons rassment so as to adversely affect the physique or psyche or a fresher or
working in Genetic Counselling centres, laboratories and clinics. junior student.
l The Act empowers the central governments to appointment appropriate DUTIES OF THE EDUCATIONAL INSTITUTIONS AS PER
authorities for the union territories and state government to appoint appro- THE SUPREME COURT JUDGEMENT
priate committees to enforce standards prescribed for the genetic coun-
selling laboratories, counselling centers and clinic, monitor registration for X The prospectus issued at the time of admission must mention clearly that
such centers, to investigate complaints of breach of the provisions of the ragging is banned in the institution and that any one who indulges in raging
Act, etc., is likely to be punished.
l Since this law was not implemented, a Public Interest Litigation has been X The punishment may be expulsion from such institution, suspension from
filed in the Supreme Court and the Supreme Court has issued certain the institution or class for a limited period or fine or public apology,
guidelines for effective implementation of the Act, Viz., Centre for enqiry withholdings of scholarship, debarring from representation in events,
into Health & Allied Themes (CEHA) and others (2001) 5 Supreme Court withholdings results, suspension or expulsion from hostel, mess etc.
Cases 577.
X The application form shall have printed undertaking to be filled up and
RAGGING signed by the student and the parents/guardians.
X There is no central enactment to deal with ragging. X Students who are already studying in the institution and their parents/
guardian shall also give such an undertaking before the commencement
X Some States have enacted special law to deal with the menace of rag- of the next educational year/session.
ging, which is crime. However they have not been effective in curbing the
menace of ragging. X The management, the principal, the teaching staff should interact with
freshers and take them in confidence by appraising them of their rights as
X Therefore the Supreme Court has laid down certain guidelines in Vishwa well as obligations to fight against ragging and to generate confidence in
Jagriti Mission-vs-Central Government {(2001) 6 Supreme Court Cases their mind that they should report any incidence of ragging.
page 577} wherein the educational institution in which the student is studying
is empowered to be the disciplinary authority and that the police action X The institutions should constitute proctorial committee to keep a watch
should not be resorted unless it is unavoidable. and vigil over ragging so as to prevent its occurrence and recurrence.
Ragging is defined as:- X The students must be made aware of the dehumanizing effect of ragging.
Any disorderly conduct by words spoken or written or by an act X Migration certificate issued by the institutions should have an entry whether
X That has the effect of teasing, treating or handling with rudeness any the student had participated in ragging and the punishment.
other student
X If individual committing or abetting ragging is not identified, then collec-
Indulging in rowdy or undisciplined activities tive punishment could be resorted to act as deterrent punishment and to
X Which causes or is likely to cause annoyance, hardship, or psychological ensure collective pressure on the potential reggers.
harm or to aise fear or apprehension in fresher of a junior student;
X Failure to prevent ragging shall be construed as an act of negligence in
Asking the students to do any act or perform something which such stu- maintaining discipline in the institutions on the part of the management,
dent will not do in the ordinary course the principal and the hostel wardens/ superintendents.
X If the institution fails to curb ragging, UGC/Funding agency may consider
stoppage of financial assistance to such an institution.
Crimes Against Women
(A Select Bibliography)
Reference Sources
n Mukherjee, Chandan, Preet Rustagi and N. Krishnaji. “Crimes n India. Law Commission . O n e h u n d r e d a n d s e v e n t y s e c o n d r e p o r t
against women in India : analysis of official statistics’’. Economic on review of rape laws. New Delhi : The Commission. 2000.
and Political Weekly . 36(43); 27 October- 2 November, 2 0 0 1 .
Sexual Harassment
Domestic Violence
Dowry