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Half Yearly Report Delhi Commission For Women

Achievements Of The Delhi Commission For Women:

The Delhi Commission For Women has achieved significant milestones in multiple verticals,
as highlighted below:

Police Reforms

Rates of Crimes Against Women:


The DCW wrote to the Delhi police to obtain data related to crimes against women
from 2012-2015, including details of FIRs filed, number of chargesheets as well as
convictions.
It was revealed that despite a high number if FIRs, chargsheets are low and
convictions have remained extremely low of nearly 11,000 FIRs in 2014, only
approximately 3500 were chargesheeted and only 9 were convicted
DCW is working on increasing accountability of the police to ensure the quick
resolution of crimes against women.
The above is ensured by maintaining constant lines of communication with the police,
writing to SHOs when required, seeking status reports as well as issuing notices and
summons.
The DCW has recently sought the cooperation of Delhi Police in data sharing and
conducting research in all areas relevant to crimes against women so as to bolster the
systems response towards the same.
The above was accomplished after summoning the Delhi Commissioner of Police
regarding data sharing with the DCW.

Filing of Chargesheets New Software For Monitoring Chargesheets


The DCW has taken cognizance of many cases of non-filing of chargesheets within
the stipulated 90-day period after the filing of FIRs.
The Delhi Commissioner of Police, Mr. B.S. Bassi, has been given a notice by the
DCW regarding the same.
In response to our notice, the Delhi Police has announced the creation of a new
software to monitor chargesheet filing.

Thana-Level Committees

The DCW has written to the Hon. Lt. Governor of Delhi for the constitution of Thana-
Level committees.
These Thana Level Committees are constituted in Delhi in each Police Station by
notification from Honble Lieutenant Governor.
Each Thana Level Committee is headed by the Honble Member of Legislative
Assembly of the area and consists of Members of MCD/NDMC/Cantonment Board
having jurisdiction of Police Station concerned, SDM, ACP, SHO of the area,
representatives from Residential Welfare Association, Trade/Industry Associations (if
any), Educational Institutions, Womens Organizations, and representatives of
Students and Labour community.
The said committees have not been constituted in Delhi despite heightened number of
crimes being reported, especially against women.

Sex Workers Health and Rehabilitation:


The DCW has focused on mitigating the flesh trade and rehabilitating the victims of human
trafficking and exploitative sex work.
The Chairperson of DCW visited GB Road, Delhis infamous red-light area on
multiple occasions to understand the concerns of sex workers.
It was highlighted in one such visited that condoms, provided by NACO, were in
short supply in the area. No condoms were distributed from May 2015 October
2015.
The Commission immediately requested a report from NACO and met the WCD
Minister, Government of Delhi who promised to buy 4 lakh condoms for sex workers.
In November 2015, the Chairperson of DCW, Ms. Samantha Powers, US Ambassador
to the UN; and Mr. Richard Verma, US Ambassador to India, visited GB road.
They interacted with sex workers in the area and promised quick resolution of their
issues.
The DCW is also planning to partner with CII to train and rehabilitate sex workers on
a pilot basis.

Human Trafficking Prevention, Rescue, Rehabilitation


The current DCW, since its re-constitution on the 28 th of July 2015, has been fighting for the
prevention of human trafficking and the rescue and rehabilitation of victims of human
trafficking.

Constitution of State-Level Coordination Committee:


The state-level coordination committee to combat trafficking and rehabilitate sex
workers was constituted as per the Supreme Court orders in 2012.
However, the committee meeting has not been convened even once in the last three
years.
The Commission wrote to the Delhi Government and The WCD Ministry,
Government of India to reconstitute this committee on a priority bases and succeeded
in calling regular meetings of this committee.

Rescue and rehabilitation of victims of human trafficking:

The case of Farah:


Farah was trafficked from Andhra Pradesh to GB Road and her daughter was forcibly
taken away from her by someone within the brothel-based establishment
Farah approached the DCW and filed a petition there for her child to be found and
returned to her.
The child has been found and a case arguing for Farahs custody over her child is
pending in the court.

In coordination with a local NGO and with assistance from the anti human trafficking unit of
the Delhi Police, the DCW has rescued and rehabilitated a total of 20 victims of human
trafficking (see Annexure _)
Rescued 5 women, one of whom was a minor girl held forcefully by a placement
agency in September 2015
Rescued 4 girls, two of whom were minors, from brothels in GB Road in October
2015. They were hidden in tunnels when the team arrived for rescue.
Two girls were rescued from bonded labour and abusive employment conditions in
Vasant Kunj in November 2015

DCW has also visited the shelter homes where women who are rescued from trafficking are
placed, and wrote a report on the same, described them as a living hell and sought for the
revamping of the same from Delhi Government. (See section on Shelter Homes Nari
Niektan)

Delhi Private Placement Agencies (Regulation) Bill, 2015:


The Commission has taken a firm stance against the high amount of unregulated private
placement agencies, which often double as human trafficking fronts for sex trafficking as
well as bonded labour.
In pursuance of a Delhi High Court Order in 2014, the Delhi Commission for Women
has been working with the Labour Department, Government of Delhi, to formulate a
comprehensive legislation to regulate and license placement agencies so they do not
engage in human trafficking.

Juvenile Justice: Legal Reforms

Approached Hon. Supreme Court Against Release of Juvenile Accused in Nirbhaya Case:
The imminent release of the juvenile accused in the gory gang rape of Nirbhaya on the 16 th of
December 2013, sparked off a series of initiatives by the Delhi Commission For Women, to
address the lack of reformation by juveniles within the ambit of the Juvenile Justice (Care
and Protection) Act, 2015.
The DCW approached the Supreme Court of India around midnight of the day before
his release in order to request an assessment of his status of reformation.
The Hon. Delhi High Court, in response to a PIL filed by Mr. Subramaniya Swami
had clearly stated that the factum of reformation undergone by the juvenile remains
un-assessed.
Amidst a heated trial, the Hon. Judges of the Supreme Court repeatedly stated that
they shared the concerns of the DCW but that their hands were tied by the law.

Amendments to the Juvenile Justice (Care and Protection Act):


Following the judgment of the Hon. Supreme Court regarding petition filed by the DCW, the
Chairperson of the DCW realized that the change has to be parliamentary.
The DCW decided to lobby for the tabling of the Amendment bill for the Juvenile
Justice Act, which had been pending in the Rajya Sabha for the past eight months.
The Chairperson of the DCW immediately had met with the Hon. Vice President and
Chairman of the Rajya Sabha who assured her that the bill will be tabled.
The Commission also wrote letters to the leader of the house, opposition and other
party leaders.
As a testament to the consensus-building exercise undertaken by the DCW, the bill was
passed in the Rajya Sabha the very next day.
Justice For Victims

The Delhi Commission For Women has taken cognizance of many instances of non-filing of
FIRs in cases of crimes related to women.
In December 2015, a woman knocked on the doors of the commission to complain of
the non-filing of an FIR in a dowry harassment case, where she was engaged to a man
who demanded more money as dowry.
The DCW wrote to the Delhi Government to bring job quotas for physically diabled
persons, especially women after receiving a representation from a group.
The Commission sent its Mobile-Helpline to ensure the filing of FIR and the
repayment by the groom to-be of all expenses incurred on the side of the complainant
in the engagement and wedding planning.
After the murder of Meenakshi in Anand Parbat, by two youth from the
neighborhood, DCW met the Commissioner of Police and secured immediate
compensation for her family as well as speedy justice.
Compensation for victims of rape, gang rape, acid attack and child rape has been
increased in the Delhi Victim Compensation Scheme 2015 based on DCWs

Shelter Homes For Women Nari Niketan and Night Shelters

The Chairperson, along with a Member of the Commission, visited the Nari Niketan women
shelter home in the Nirmal Chaya Complex on four different occasions and spent a night in
the facility to inspect the living conditions there.
In a report that followed suit, the DCW described the complex as a living hell where
even basic sanitation and medical facilities were not provided for women in much
need of the same.
In addition, it was found that women in need of legal aid had extreme long waits for
the same and that women needing psychiatric attention got none if it because the
center had only one psychiatrist, that too part-time.
Four officers were suspended immediately for negligence and the WCD Ministry,
Government of Delhi promised quick action in revamping the facilities at the Nari
Niketan.
The DCW is currently looking into ways in which women housed in these shelter
homes can also be provided skills training to ensure livelihood sustainability.

On World Homeless Day on 10th October 2015, DCW visited three night shelters run by
DUSIB (Delhi Urban Shelter Improvement Board) and found that they were completely
unsafe for women.
There was only one female staff in the facility and men kept visiting the facility for
women
Women were found sleeping in the open and there were hardly any toilet facilities.
DCW has written a notice to DUSIB to explain its lapses.

Acid Attack Victim Compensation, Treatment and Rehabilitation

In accordance with the Hon. Supreme Courts judgment in Laxmi Vs. Union of India in 2013,
the Commission has worked on a series of arms related to victim rehabilitation, livelihood
guarantee, treatment financing and compensation.
After consulting with various stakeholders and acid attack victims themselves, the
DCW worked to persuade the Delhi Government to provide free treatment guarantees
to all acid attack victims that were in need of the same.
The DCW worked with the Delhi Government to increase the quantum of
compensation to acid attack victims, from Rs.3 lakh to Rs.12 lakh and for time-bound
disbursement of these funds.
The DCW has also lobbied for job guarantee to acid attack victims, a plea that the
Delhi Government has promised to implement on a priority basis.
The DCW has personally seen to the treatment of acid attack victims who were
refused the same from prominent hospitals in the city.
A 16 year-old acid attack survivor girl whose brother serves in the Indian Navy,
traveled from Bihar to seek treatment at the Army Hospital in Delhi but was refused
the same. She was then made to wait for hours in Apollo hospital, till the DCW came
to hear of the case. The Commission ensured that she was immediately treated and
was recognized by the Indian Navy for its efforts towards her treatment.
A 30 year old acid attack victim who was attacked more than 18 years ago, was given
free treatment in Max Hospital, Delhi after she approached the DCW.

Central and State Level Cooperation Initiatives

The DCW requested for a special session in the Delhi Assembly on the 28 th of July to
discuss issues pertaining to womens safety.
DCW Chairperson met the Hon. Home Minister, Government of India in October
2015 to recommend greater coordination between the center and state regarding
womens safety.
In order to ensure center-state coordination between the various bodies tasked with
womens safety, the DCW has written to the Home Minister, Government of India for
forum where the Honble Minister, MHA, Honble LG, Honble Chief Minister of
Delhi and the Delhi Commission for Women should meet at least twice a month to
monitor the progress of the measures being taken for improving the safety and
security of women in Delhi.
In addition, the DCW has requested the Hon. Home Minister to set aside a day every
week to look into issues associated with womens safety in Delhi.

University-Level Initiatives For Womens Safety and Gender Equality:

Sexual Harrassment at Workplace Act (2013)


The Delhi Commission for Women requisitioned data from 23 Universities in Delhi
regarding the status of implementation of the Sexual Harassment at Workplace Act,
2013.
It was found that 6 of these 22 Universities reported no cases of sexual harassment,
JNU reported 51 complaints, AIIMS reported 10 IGNOU, 9 and DU did not submit
any data.
Apart from JNU, the Commission noticed that the universities had a tendency to quell
complaints.
The DCW is currently working on formulating a uniform set of guidelines after
interactions with students and teachers.
Womens Safety
The DCW has organized interactions with the Vice Chancellors of Jawaharlal Nehru
University, Delhi University and Indraprastha University to address issues regarding
womens safety in their campuses.
Indraprastha University complained of a lack of bus facilities for women and the
DCW, upon writing to the Transport Minister of Delhi, has succeeded in creating a
bus facility in Indraprastha University.
The DCW also wrote a letter to Jamia Millia Islamia University regarding their hostel
timings for girls being different from boys.
The female students of the nursing faculty in Bada Hindu Rao Hospital complained of
the non-existence of a boundary wall surrounding their hostel premises, because of
which there were major threats to safety, including an attempt to rape and murder. In
addition, the hostel did not have a mess, forcing women to leave at unsafe hours in
search of food.
The DCW took cognizance of the same and now the hostel is equipped with a
boundary wall, CCTV cameras and a mess within its premises.

Forensic Science Laboratories Accountability and Timeliness

Forensic delays have been responsible for large pendencies in court cases, especially in fast
track courts that are designed for cases of crimes against women.
DCW issued a letter to the Director, Forensic Sciences Laboratory to ask for details of
cases pending with FSL and found that more than 1500 samples had expired.
The DCW also issued a notice to the Home Secretary regarding the causes for
samples expiring, many of which could be those of sexual assault victims.
After a meeting to discuss the DCWs notice, the Home Secretary has issued a
declaration that forensic labs will now be issuing reports within 30 days as well as
outsourcing its capacity.

Courtroom Activism

Shahnavaz Custodial Death Case:


Shahnavaz Chaudhry was allegedly asphyxiated when he was taken to Nand Nagri Police
Station after he intervened in a neighbourhood dispute.
His wife Rabiya, took the DCWs support for filing and fighting her case in the court.
She was intimidated by the police even while being summoned to the police station
after the incident.
Rabiya also claimed that her husband was illegally detained overnight by the police.
With the DCWs help, Rabiya filed a plea in the High Court and after a heated trial,
the Delhi High Court ruled in favour of Rabiya and directed the transfer of the case to
the CBI.

Welfare and Rights-Based Initiatives

Access to healthcare and treatment:


The DCW has embarked upon a series of welfare and rights-based initiatives. Other than
livelihood initiatives for victims mentioned above, the DCW is committed to access to
healthcare and treatment for all.
We have reacted strongly to the denial of treatment to women who are victims of rape
and other such violence.
The DCW, in December 2015, issued a notice to AIIMS for not admitting a 7 year old
rape victim in their facility and also succeeded in admitting her.
AIIMS has taken cognizance of its lapse.

Shakurbasti slum demolition:


The DCW believes that everyone deserves a roof over their head. The same was suddenly
taken away by the Railways, in their demolition of the Shakurbasti slum.
The DCW Chairperson and her team immediately visited the area and arranged for
temporary rehabilitation facility for the slum inhabitants, especially the women and
children.
The DCW then issued a notice to the Railways in order to understand whether any
advance notice was issued to these inhabitants before their homes were snatched away
from them and is awaiting a response.

Blood Donation Camps:


When Dengue was at its peak in November and October 2015, the DCW organized blood
donation drives in Jawaharlal Nehru University and Indraprastha University in order to
address the shortage of blood there.

Nirbhaya Fund

The Delhi Commission For Women has repeatedly highlighted the issue of non-utilization of
Nirbhaya Fund, earmarked by the Government of India for utilization towards the safety of
women.
DCW wrote to the Prime Minister of India regarding non-usage of Nirbhaya Funds in
September 2015.
The WCD Ministry, GoI is the nodal ministry for the disbursement of the Nirbhaya
Fund.
Despite a corpus of nearly Rs. 3000 crores, the funds remain largely unutilized. Since
October 2014, The Transport Department, Govt. of Delhi, has been preparing
proposals for soliciting Nirbhaya funds for installing CCTV cameras in 6655 busses
of DTC and cluster busses (plus all relevant associated expenditure) for a total cost of
Rs.306 crores.
The Chairperson has written to the WCD Ministry, Govt. of India, the nodal ministry
for the utilization of the Nirbhaya Fund towards the above proposal.
The WCD Ministry, Government of India has returned these files stating that the
proposal was not gender-sensitive and the DCW has challenged this statement along
with the Ministry of Home Affairs, Government of India.

Daily functioning of the DCW

Rape Handling
The DCW believes in utmost sensitivity in the handling of rape and sexual assault
victims. In order to do so, we have formulated comprehensive guidelines to be
followed by all NGOs affiliated to us.
Upon receiving information of a rape or sexual assault incident, the concerned SHO is
mandated to inform the local NGO affiliated with DCW as per a judgment of the
Honble High Court in the case W.P. (CRL) 696/2008, which has ordered that the duty
officer, immediately, upon receipt of the complaint/ information intimate the same to
the Rape Crisis Cell of the DCW.
Trained counselors from various local NGOs who have undergone training with the
DCW then arrive at the police station and help the victim in all subsequent steps
including the registration of the offence, deposition, handling of questions and
medical examinations.
In cases of child rapes and child sexual assault, the DCW chairperson personally visits
the hospital or home of the victim to ensure speedy handling as well as victim
compensation.
The victim is then provided a legal counselor for the preparation of her court case,
whose responsibility it is to be as sensitive as possible to the needs of the victim and
to ensure a friendly trial.
The Counselors also follow-up to ensure that the victim gets adequate victim
compensation from the Government.
The victim is informed of her rights and her consent is obtained before all the above
steps.

Helpdesk
The Helpdesk of the DCW is a point of first contact for any victim, with the
Commission.
Complaints are carefully listened to by trained staff and then triaged based on their
severity in accordance with a detailed complaint handling process.
The Helpdesk was created in September 2015, to ensure that all victims had a chance
to be heard and to systematize the complaint handling process.
The Helpdesk ensures that every complainant is heard, represented and registered
with the DCWs system.
When needed, the Helpdesk also prepares references of cases for free legal aid to the
Delhi State Legal Services Authority.

Envisioned New Undertakings:

The DCW is constantly undertaking new endeavors, based on the evidence it gathers
in its daily activities.
Upon an assessment of the nature of complaints received by the commission and after
undertaking various rescue and rehabilitation operations against human trafficking,
the DCW has decided to create a unique program called the Anti Human Trafficking
(AHT) Program
The AHT program envisions to comprehensively tackle all the dimensions of human
trafficking including prevention, rescue, rehabilitation and social integration.
In order to do so, the Commission will be working with all relevant stakeholders and
conducting detailed research on all relevant subjects.
The DCW will also be launching a program to handle all policies, compensation and
grievances associated with acid attacks in Delhi. In addition, this program aims to
work closely with law enforcement to ensure that all relevant laws related to the sale
of acid, punishment of perpetrators and compensation to the victims are closely
adhered to.

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