MADHYA PRADESH

HUMAN RIGHT COMMISSION

BHOPAL (M.P)

RESEARCH STUDY

RIGHTS OF WOMEN LIVING IN SHELTER HOME,

JAIL, BALIKA GRAH AND SLUMS

1
 TABLE OF CONTENT
1. DECLARATION
2. OBJECTIVE OF THE STUDY
3. MEMBERS OF THE STUDY TEAM
4. ACKNOWLEDGEMENT
5. ABSTRACT
6. INTRODUCTION
7. METHODOLOGY OF THE STUDY
8. HISTORICAL PERSPECTIVE OF HUMAN RIGHTS
 INTERNATIONAL PERSPECTIVE OF HUMAN
RIGHTS
 THE UNIVERSAL DECLARATION OF
HUMAN RIGHTS (1948)
 NATIONAL PERSPECTIVE OF HUMAN RIGHTS
9. GLOBAL COMMITMENTS
 CEDAW
 BEJING DECLARATION
10. HUMAN RIGHTS OF WOMEN
11. INDIAN SCENARIO
 CONSTITUTIONAL RIGHTS OF WOMEN
 LEGAL RIGHTS OF WOMEN
12. WOMEN LIVING IN CRITICAL CIRCUMSTANCES
WOMEN LIVING IN SHELTER HOMES
WOMEN PRISONERS AND UNDER TRIAL
BALIKA GRAH
WOMEN LIVING BELOW POVERTY LINE AND
WORKING IN UNORGANISED SECTOR
13. ANALYSIS
 SHELTER HOME
 WOMEN PRISONERS AND UNDER TRAILS

2
  BALIKA GRAH
 WOMEN LIVING IN SLUM
14. CONCLUSION
15. SUGGESTIONS ON THE BASIS OF ANALYSIS
16. CASE LAWS
 VISHAKHA V. STATE OF RAJASTHAN
 BUDHA DEV KARMASKAR V. STATE OF WEST
BENGAL
 LILLU @ RAJESH & ANR V. STATE OF HARYANA
 LAXMI V. UNION OF INDIA
 ABC V. THE STATE(NCT OF DELHI)
 DHANNULAL AND ORS. V. GANESHRAM AND ORS.
17. ABOUT MADHYA PRADESH HUMAN RIGHT
COMMISSION
18. CONCLUSION
19. ANNEXURE
20. PHOTO CLIPING
21. BIBLIOGRAPHY

3
 DECLARATION
We hereby declare that the project work entitled:
“Rights of women living in shelter home, jail, balika grah
and slums”
To study the protection status human rights for women living in
shelter home, jail, balika grah and slums. In this study we
interviewed the women living in shelter homes, under trial and
women prisoners in jail, girls living in girl child home, and
women financially deprived and socially marginalised living in
critical circumstances. We have also incorporated the women
working in unorganised sector. We visited and interviewed the
women living in following places.
 NIRBHAYA WOMEN SHELTER HOME, WARD NO.6 TAJ MAHAL GATE
SHAHJHANBAD BHOPAL
 WOMEN SHORT STAY HOME, INDUS COLONY KOLAR ROAD BHOPAL
 GAURAVI ,JAY PRAKASH HOSPITAL 1250 ,TULSI NAGAR BHOPAL
 BALIKA GHAR ,KOTRA SULTANABAD,NEHRU NAGAR , BHOPAL
 CENTRAL JAIL, BHOPAL
 SLUMS OF RAHUL NAGAR NEAR M.A.N.I.T ISHWAR NAGAR, ARERA
COLONY E-6
 SLUMS NEAR KAMLA NAGAR THANA, NEHRU NAGAR ROAD BHOPAL.
 BAJPAI NAGAR SLUMS IDGAH HILLS NEAR CANCER HOSPITAL
 SLUMS NEAR KAROND, RAILWAY LINE.

4
 OBJECTIVE OF THE STUDY
 To identify the areas of violation of human rights for
women living in critical circumstances and to create
awareness about the human rights.
 To study the financial, social status of women.
 To identify the problems and circumstances of women
living in critical circumstances and find out the solutions.

METHODOLOGY
The methodology of the study is based on data collection
interviews, primary and secondary source, question answer with
women. The study is based on the visit of shelter homes, short
stay homes, women prisoners living in central jail, Balika grah
bases in Bhopal. We have interviewed 178 women. We have
also used the method of data analysis and data interpretation.

5
 MEMBERS OF THE STUDY TEAM

1. SHIKHA NEMA
Rajiv Gandhi Law College, Barkatullah University Bhopal

2. SHRADHA VYAS
Rajiv Gandhi Law College, Barkatullah University Bhopal

3. DIVYANSHU RATNEEL
University of petroleum and Energy studies, Dehradun (UPES)

4. PRIYAN SINGH
University of petroleum and energy studies, Dehradun (UPES)

5. AASTHA SINGH RAJPUT

Chanakya National Law University, Patna (CNLU)

6
 ACKNOWLEGDEMENT

This is indeed a great pleasure and a moment of immense

satisfaction for us to express our sense of profound gratitude and
respect towards the members for expressing their trust in us as well
as by co-operation for this project.
We would like to extent our deepest gratitude towards acting
Chairperson HON’BLE SHRI VIRENDRA MOHAN KANWAR &
officers of Madhya Pradesh Human Right Commission for their
guidance and valuable inputs, for our research study on RIGHTS OF
WOMEN LIVING IN SHELTER HOME, JAIL, BALIKA GRAH AND
SLUMS.
We would also like to extent our gratitude to all the authorities,
officers and personnel to whom we have interacted and completed
our work in jail, Balika Grah, shelter homes and slums.
We would also like to thank SHRI J P RAO, HONOURABLE REGISTRAR
(LAW) and PRATHIBA RAJGOPAL (subject specialist on human rights)
for completion and her valuable guidance for our research study.
We would also like to thank SHRI SANJAY VHISHWAKARMA
(Research officer) and SHRI VIKRAM SINGH PATEL (Assistant
librarian) and all other people who helped us and gave their support
during completion of this project.

7
 ABSTRACT
Human rights are the basic rights and freedoms that belong to every
person in the world, from birth until death .They apply regardless of
where you are from, what you believe or how you choose to live your life.
They can never be taken away , although they can sometimes be restricted
– for example if a person breaks the law, or in the interests of national
security . These basic rights are based on values like dignity, fairness,
equality, respect and independence. But human rights are not just abstract
concepts-they are defined and protected by law. In Britain our human
rights are protected by the Human Rights Act 1998.
Women are entitled to enjoy the same human rights and fundamental
freedoms as other individuals. International human rights treaties require
State parties to take proactive steps to ensure that law respects women’s
human rights and to eliminate discrimination, inequalities, and practices
that negatively affect women’s rights. Under international human rights
law, women may also be entitled to specific additional rights such as
those concerning reproductive healthcare.
Women living in CRITICAL circumstances have special status and
protection within the United Nations and regional human rights systems.
International human rights treaties prohibit discrimination on the basis of
gender Every right of women is human right but most of the women
living in the society are living in CRITICAL circumstances like because
of the circumstantial crime and also because of the gender based
discrimination.
In this study, we tried to identify the areas of violation of human rights of
women living in CRITICAL circumstances and to create awareness about
their financial and social status
We also incorporated in this research study the conclusion and analysis
and find out the solutions.
However, government bodies are continuously trying to empower women
to enjoy their various walks of life through policies schemes and projects
but still we need miles to go.
8
 6. INTRODUCTION
In Madhya Pradesh Women make 50% of the population and contribute
to the economy of the state in a significant manner. Despite of their
contribution the women are suffering from various kinds of deprivations.
The position of women in the society is result of typical social milieu.
The stylized role assigned to her in the families puts woman to certain
disadvantages in life due to which they are not able to realize their
potential in life1. Although they are fifty per cent of the population their
contribution to themselves and to the society is not satisfactory. They
deeply suffer from intra family neglect ion and poverty and leg behind
male population on almost all the socio-economic indices. They have
poor access to all essential services like health, education, decision
making, security, drinking water and sanitation which makes their life
critical. The government of India and state government continuously
trying to empower women by:

 Providing all women with basic entitlements;

 Prioritizing economic empowerment;
 Environment free of violence against women;
 Representation at the highest level of policy making;
 Strengthening institutional mechanisms for gender main-streaming
and effective policy implementation2;
Most of the women in Madhya Pradesh from deprived section are
living in critical circumstances, like living in slums, below poverty line,
because of any crime in jail or are under trails. Women who are socially
deprived, victim of domestic violence or any other crime are staying in
short stay home, shelter home and balika grah. These women are not
enjoying basic human rights and also they have no awareness about it.

1
http://www.globalissues.org/article/166/womens-rights
2
http://www.globalissues.org/article/166/womens-rights#Genderdiscriminationthroughoutalifetime
9
7. HISTORICAL PERSPECTIVE OF HUMAN

RIGHTS
 INTERNATIONAL PERSPECTIVE OF HUMAN RIGHTS

Originally, people had rights only because of their membership in a

group, such as a family. Then, in 539 BC, Cyrus the Great, after
conquering the city of Babylon, did something totally unexpected—he
freed all slaves to return home. Moreover, he declared people should
choose their own religion. The Cyrus Cylinder, a clay tablet containing
his statements, is the first human rights declaration in history3.

The idea of human rights spread quickly to India, Greece and eventually
Rome. The most important advances since then have included:

1215: The Magna Carta—gave people new rights and made the king
subject to the law.

1628: The Petition of Right—set out the rights of the people.4

1776: The United States Declaration of Independence—proclaimed the

right to life, liberty and the pursuit of happiness.

1789: The Declaration of the Rights of Man and of the Citizen—a

document of France, stating that all citizens are equal under the law.

1948: The Universal Declaration of Human Rights—the first document

listing the 30 rights to which everyone is entitled.5
3
http://www.globalissues.org/article/166/womens-rights
4
Ibid
5
Ibid
10
  The Universal Declaration of Human Rights (1948) 
By 1948, the United Nations’ new Human Rights Commission had
captured the world’s attention. Under the dynamic chairmanship of
Eleanor Roosevelt—President Franklin Roosevelt’s widow, a human
rights champion in her own right and the United States delegate to the UN
—the Commission set out to draft the document that became the
Universal Declaration of Human Rights. Roosevelt, credited with its
inspiration, referred to the Declaration as the international Magna Carta
for all humankind. The United Nations adopted it on December 10, 1948.6

In its preamble and in Article 1, the Declaration unequivocally proclaims

the inherent rights of all human beings: “Disregard and contempt for
human rights have resulted in barbarous acts which have outraged the
conscience of mankind, and the advent of a world in which human beings
shall enjoy freedom of speech and belief and freedom from fear and want
has been proclaimed as the highest aspiration of the common people...All
human beings are born free and equal in dignity and rights.”

The Member States of the United Nations pledged to work together to

promote the thirty Articles of human rights that, for the first time in
history, had been assembled and codified into a single document. In
consequence, many of these rights, in various forms, are today part of the
constitutional laws of democratic nations7.

6
http://www.un.org/en/universal-declaration-human-rights/
7
Ibid
11
United Nations representatives from all regions of the world formally
adopted the Universal Declaration of Human Rights on December 10,
1948.8

1. We Are All Born Free & Equal. We are all born free. We all have our
own thoughts and ideas. We should all be treated in the same way.

2. Don’t Discriminate. These rights belong to everybody, whatever our

differences.

3. The Right to Life. We all have the right to life, and to live in freedom
and safety. 

4. No Slavery. Nobody has any right to make us a slave. We cannot make

anyone our slave. 

5. No Torture. Nobody has any right to hurt us or to torture us. 

6. You Have Rights No Matter Where You Go. I am a person just like
you! 

7. We’re All Equal Before the Law. The law is the same for everyone. It
must treat us all fairly. 

8. Your Human Rights Are Protected by Law. We can all ask for the
law to help us when we are not treated fairly. 9

8
Ibid
9
Ibid
12
9. No Unfair Detainment. Nobody has the right to put us in prison
without good reason and keep us there, or to send us away from our
country. 10

10. The Right to Trial. If we are put on trial this should be in public. The
people who try us should not let anyone tell them what to do. 

11. We’re Always Innocent Till Proven Guilty. Nobody should be

blamed for doing something until it is proven. When people say we did a
bad thing we have the right to show it is not true. 

12. The Right to Privacy. Nobody should try to harm our good name.
Nobody has the right to come into our home, open our letters, or bother us
or our family without a good reason. 

13. Freedom to Move. We all have the right to go where we want in our
own country and to travel as we wish. 

14. The Right to Seek a Safe Place to Live. If we are frightened of being
badly treated in our own country, we all have the right to run away to
another country to be safe. 

15. Right to a Nationality. We all have the right to belong to a country.

16. Marriage and Family. Every grown-up has the right to marry and
have a family if they want to. Men and women have the same rights when
they are married, and when they are separated.11

10
Ibid
11
Ibid
13
17. The Right to Your Own Things. Everyone has the right to own
things or share them. Nobody should take our things from us without a
good reason.12

18. Freedom of Thought. We all have the right to believe in what we

want to believe, to have a religion, or to change it if we want. 

19. Freedom of Expression. We all have the right to make up our own
minds, to think what we like, to say what we think, and to share our ideas
with other people. 

20. The Right to Public Assembly. We all have the right to meet our
friends and to work together in peace to defend our rights. Nobody can
make us join a group if we don’t want to.

21. The Right to Democracy. We all have the right to take part in the
government of our country. Every grown-up should be allowed to choose
their own leaders. 

22. Social Security. We all have the right to affordable housing,

medicine, education, and childcare, enough money to live on and medical
help if we are ill or old. 

23. Workers’ Rights. Every grown-up has the right to do a job, to a fair

wage for their work, and to join a trade union. 13

12
Ibid

13
Ibid
14
24. The Right to Play. We all have the right to rest from work and to
relax. 14

25. Food and Shelter for All. We all have the right to a good life.
Mothers and children, people who are old, unemployed or disabled, and
all people have the right to be cared for. 

26. The Right to Education. Education is a right. Primary school should

be free. We should learn about the United Nations and how to get on with
others. Our parents can choose what we learn. 

27. Copyright. Copyright is a special law that protects one’s own artistic

creations and writings; others cannot make copies without permission.
We all have the right to our own way of life and to enjoy the good things
that art, science and learning bring. 

28. A Fair and Free World. There must be proper order so we can all
enjoy rights and freedoms in our own country and all over the world. 

29. Responsibility. We have a duty to other people, and we should

protect their rights and freedoms. 

30. No One Can Take Away Your Human Rights.15

14
Ibid
15
ibid
15
  NATIONAL PERSPECTIVE OF HUMAN
RIGHTS
The historical account of ancient Bharat proves beyond doubt that human
rights were as muck manifest in the ancient Hindu and Islamic
civilizations as in the European Christian civilizations. Ashoka, the
prophet Mohammed and Akbar cannot be excluded from the genealogy of
human rights. There are many references in the Vedas, which throw light
on the existence of human rights in ancient India. The modern version of
human rights jurisprudence may be said to have taken birth in India at tile
time of the British rule. When the British ruled India, resistance to foreign
rule manifested itself in the form of demand for fundamental freedoms
and the civil and political rights of the people, Indians were humiliated
and discriminated against by the Britishers16.

India was a signatory to the Universal Declaration of Human Rights. A

number of fundamental rights guaranteed ta the individuals in Part III of
the Indian Constitution are similar to the provisions of the Universal
Declaration of Human Rights.17

The Protection of Human Rights Act, 1993 was enforced on 28th January
1993.  The National Human Rights Commission in India is an
autonomous public body constituted on 12 October 1993 under the
Protection of Human Rights Ordinance of 28 September 1993. An Act to

16
The Concept of Human Rights: National and International Perspectives

17
ibid
16
provide for the constitution of a National Human Rights Commission,
State Human Rights Commission in States and Human Rights Courts for
better protection of human rights and for matters connected therewith or
incidental thereto “Human Rights” means the rights relating to life,
liberty, equality and dignity of the individual guaranteed by the
constitution or embodied in the International covenants and enforceable
by courts in India.  The National Human Rights Commission is in New
Delhi.18

“WOMEN RIGHTS ARE HUMAN RIGHTS”

Numerous international and regional instruments have drawn attention to
gender-related dimensions of human rights issues, the most important
being the UN Convention on the Elimination of All Forms of
Discrimination against Women (CEDAW), adopted in 1979

In 1993, 45 years after the Universal Declaration of Human Rights was

adopted, and eight years after CEDAW entered into force, the UN World
Conference on Human Rights in Vienna confirmed that women’s rights
were human rights. That this statement was seven necessary is striking –
women’s status as human beings entitled to rights should have never been
in doubt. And yet this was a step forward in recognizing the rightful
claims of one half of humanity, in identifying neglect of women’s rights
as a human rights violation and in drawing attention to the relationship
between gender and human rights violations.19

18
The Concept of Human Rights: National and International Perspectives

19
Ibid
17
 9. GLOBAL COMMITMENTS

 CEDAW
The United Nations (UN) Convention on the Elimination of
Discrimination against Women (CEDAW) is the most comprehensive
treaty on the rights of women. It condemns any form of discrimination
against women and reaffirms the importance of guaranteeing equal
political, economic, social, cultural and civil rights to women and
men. . As of May 2014, 188 States are party to CEDAW, out of 193 UN
Member States.20
CEDAW provides that there should be equal political, economic, social,
cultural and civil rights for women regardless of their marital status and
requires States to enact national legislation banning discrimination
(articles 1, 2 and 3). It permits States to take temporary special measures
to accelerate the achievement of equality in practice between men and
women (Article 4), and to take actions to modify social and cultural
patterns that perpetuate discrimination (Article 5).
States parties agree that contracts and other private instruments that
restrict the legal capacity of women “shall be deemed null and void”
(Article 15).
The Convention also addresses the need for equal access to education
(Article 10).
CEDAW requires States to take appropriate measures to eliminate
discrimination in matters relating to marriage and family and underlines
the equal responsibilities of men and women in the context of family
life (Article 16).21
The Convention also emphasizes the need for childcare facilities and
other social services to help women satisfy family obligations along with
work responsibilities and participation in public life (Article 11).

20
http://www.unfpa.org/resources/human-rights-women
21
Ibid
18
 CEDAW calls for non-discriminatory health services for women,
including family planning services (Article 12). Special attention is given
to the problems faced by rural women (Article 14), sexual trafficking of
women, and other sexual exploitation of women (Article 6).22
States have made numerous reservations to CEDAW, purporting to limit
the treaty’s domestic application. Most of the reservations are designed to
preserve the authority of national or religious law that may contradict
CEDAW, or to withdraw the State from the arbitration provision found in
Article 29. Nonetheless, CEDAW remains the most widely applicable
human rights treaty dedicated to women’s rights.23

 BEIJING DECLARATION AND PLATFORM FOR ACTION

Adopted during the Fourth World Conference on Women in September 1995,
the Beijing Declaration and Platform for Action focused on 12 areas
concerning the implementation of women’s human rights and set out an
agenda for women’s empowerment. It builds on the results of the previous
three world conferences on women, but is considered a significant
achievement in explicitly articulating women’s rights as human rights. The
Platform for Action includes a series of strategic objectives to eliminate
discrimination against women and achieve equality between women and
men. It involves political and legal strategies on a global scale based on a
human rights framework. The Platform for Action is the most comprehensive
expression of States’ commitments to the human rights of women.
Subsequent reviews of the implementation of the Beijing Declaration and
Platform for Action have revealed that although significant progress has been
made in some areas of women’s human rights, “discriminatory legislation as
well as harmful traditional and customary practices and negative stereotyping
of women and men still persist” particularly in family, civil, penal, labour
and commercial laws or codes, or administrative rules and regulations.7 Both
the 2005 and the 2010 reviews of the Platform concluded that de jure and de
facto equality had not been achieved in any country in the world and the
22
Ibid
23
Ibid
19
2010 review recognized that even where legal reforms had taken place, they
were often ineffectively enforced.

10. HUMAN RIGHTS OF WOMEN

These rights are internationally recognized legal rights for women:

 Right to equal pay

 Right against harassment at work
 Right to anonymity
 Right against domestic violence
 Right to maternity related benefits
 Right against female foeticide
 Right to free legal aid
 Right not to be arrested at night
 Right to dignity and decency
 Right to property
 Right to equality
 Right to freedom
 Right against exploitation
 Right to freedom of religion
 Cultural and educational rights

11. INDIAN SCENERIO OF HUMAN

20
 RIGHTS
CONSTITUTIONAL RIGHTS
LEGAL RIGHTS OF WOMEN
The rights available to woman in India can be classified into two
categories, namely as constitutional rights and legal rights. The
constitutional rights are those which are provided in the various provisions
of the constitution. The legal rights, on the other hand, are those which are
provided in the various laws (acts) of the Parliament and the State
Legislatures.

The rights and safeguards enshrined in the constitution for women in

India are listed below:

1. The state shall not discriminate against any citizen of India on the
ground of sex [Article 15(1)].
2. The state is empowered to make any special provision for women.
In other words, this provision enables the state to make affirmative
discrimination in favour of women [Article 15(3)].
3. No citizen shall be discriminated against or be ineligible for any
employment or office under the state on the ground of sex [Article
16(2)].
4. Traffic in human beings and forced labour are prohibited [Article
23(1)].
5. The state to secure for men and women equally the right to an
adequate means of livelihood [Article 39(a)].
6. The state to secure equal pay for equal work for both Indian men
and women [Article 39(d)].
7. The state is required to ensure that the health and strength of women
workers are not abused and that they are not forced by economic
necessity to enter avocations unsuited to their strength [Article
39(e)].
8. The state shall make provision for securing just and humane
conditions of work and maternity relief [Article 42].
21
 9. It shall be the duty of every citizen of India to renounce practices
derogatory to the dignity of women [Article 51-A(e)].
10. One-third of the total number of seats to be filled by direct
election in every Panchayat shall be reserved for women [Article
243-D(3)].
11. One-third of the total number of offices of chairpersons in the
Panchayats at each level shall be reserved for women [Article 243-
D(4)].
12. One-third of the total number of seats to be filled by direct
election in every Municipality shall be reserved for women [Article
243-T (3)].
13. The offices of chairpersons in the Municipalities shall be
reserved for women in such manner as the State Legislature may
provide [Article 243-T (4)].

Legal Rights to Women:

The following various legislation’s contain several rights and safeguards

for women:

1. Protection of Women from Domestic Violence Act(2005) is a

comprehensive legislation to protect women in India from all forms
of domestic violence. It also covers women who have been/are in a
relationship with the abuser and are subjected to violence of any
kind—physical, sexual, mental, verbal or emotional.
2. Immoral Traffic (Prevention) Act (1956) is the premier legislation
for prevention of trafficking for commercial sexual exploitation. In
other words, it prevents trafficking in women and girls for the
purpose of prostitution as an organised means of living.
3. Indecent Representation of Women (Prohibition) Act (1986)
prohibits indecent representation of women through advertisements
or in publications, writings, paintings, figures or in any other
manner.
4. Commission of Sati (Prevention) Act (1987)provides for the more
effective prevention of the commission of sati and its glorification
on women.

22
 Dowry Prohibition Act (1961) prohibits the giving or taking of
5.
dowry at or before or any time after the marriage from women.
6. Maternity Benefit Act (1961) regulates the employment of women
in certain establishments for certain period before and after child-
birth and provides for maternity benefit and certain other benefits.
7. Medical Termination of Pregnancy Act (1971) provides for the
termination of certain pregnancies by registered medical
practitioners on humanitarian and medical grounds.
8. Pre-Conception and Pre-Natal Diagnostic Techniques
(Prohibition of Sex Selection) Act (1994) prohibits sex selection
before or after conception and prevents the misuse of pre-
natal diagnostic techniques for sex determination leading to female
foeticide.
9. Equal Remuneration Act (1976) provides for payment of equal
remuneration to both men and women workers for same work or
work of a similar nature. It also prevents discrimination on the
ground of sex, against women in recruitment and service conditions.
10. Dissolution of Muslim Marriages Act (1939) grants a Muslim wife
the right to seek the dissolution of her marriage.
11. Muslim Women (Protection of Rights on Divorce) Act
(1986) protects the rights of Muslim women who have been divorced
by or have obtained divorce from their husbands.

12. Family Courts Act (1984) provides for the establishment of Family
Courts for speedy settlement of family disputes.
13. Indian Penal Code (1860) contains provisions to protect Indian
women from dowry death, rape, kidnapping, cruelty and other offences.
14. Code of Criminal Procedure (1973) has certain safeguards for
women like obligation of a person to maintain his wife, arrest of
woman by female police and so on.
15. Indian Christian Marriage Act (1872) contain provisions relating to
marriage and divorce among the Christian community.
16.Legal Services Authorities Act (1987) provides for free legal services
to Indian women.

23
17. Hindu Marriage Act (1955) introduced monogamy and allowed
divorce on certain specified grounds. It provided equal rights to Indian
man and woman in respect of marriage and divorce.
18. Hindu Succession Act (1956) recognizes the right of women to
inherit parental property equally with men.
19. Minimum Wages Act (1948) does not allow discrimination
between male and female workers or different minimum wages for
them.
20. Mines Act (1952) and Factories Act (1948) prohibits the
employment of women between 7 P.M. to 6 A.M. in mines and
factories and provides for their safety and welfare.

The following other legislation’s also contain certain rights and

safeguards for women:

 Employees’ State Insurance Act (1948)

 Plantation Labour Act (1951)
 Bonded Labour System (Abolition) Act (1976)
 Legal Practitioners (Women) Act (1923)
 Indian Succession Act (1925)
 Indian Divorce Act (1869)
 Parsi Marriage and Divorce Act (1936)
 Special Marriage Act (1954)
 Foreign Marriage Act (1969)
 Indian Evidence Act (1872)
 Hindu Adoptions and Maintenance Act (1956).

21. National Commission for Women Act (1990)provided for the

establishment of a National Commission for Women to study and
monitor all matters relating to the constitutional and legal rights and
safeguards of women.

22. Sexual Harassment of Women at Workplace (Prevention,

Prohibition and Redressal). Act (2013)provides protection to women
from sexual harassment at all workplaces both in public and private
sector, whether organised or unorganized.
24
12. WOMEN LIVING IN CRITICAL
CIRCUMSTANCES
SHELTER HOME
Women in difficult circumstances are often rendered homeless due to
reasons such as family violence, social ostracism, human trafficking and
alike. After being rescued from such stressful situations, the women are
often transferred to institutions such as government-run shelter homes.
Their transition into such institutions is not easy and they face numerous
physical, psychological and social problems. Often, the staff is also not
prepared to provide the required quality care because of the large number
of residents and the lack of adequate human resources. They may not
have the required capacity or the necessary inputs to fully understand and
address the psychosocial needs of the women. This adds to the woes of
the women in such CRITICAL situations and affects their overall
development. The psychosocial rehabilitation of women in institutions is
key to help them rebuild a meaningful life after being institutionalized.
To improve the quality of care provided to women in shelter homes,
UNODC, in collaboration with the Ministry of Women and Child
Development, Government of India and the National Institute of Mental
Health and Nero Sciences (NIMHANS), a renowned mental health
institution in Bangalore, India had initiated a capacity building
programme for caregivers in Government-run shelter homes for women.
Implemented during 2010 in the South Indian states of Karnataka, Tamil
Nadu and Andhra Pradesh, a series of trainings were conducted which
aimed to educate and sensitize caregivers about the importance of care
and support for women residing in these homes. First, top level
Government officials from the three states were sensitized, who in turn
selected officials like superintendents and probation officers to be trained
as trainers to further provide training to the personnel working in the

25
shelter homes - like caregivers, counsellors, medical officers, NGO staff
and security guards.

WOMEN PRISONERS AND UNDER TRIALS

All prisoners are deeply affected by the conditions of their detention, from
the amount of light they get to the quality of the food and cleanliness of
cells. Yet just as some conditions or deprivations can be more common
among particular groups, others experience the same conditions in
different ways. Such is the case for women.

In 2008, the UN’s independent expert on torture raised the bar for women
by asserting that, in the context of detention, poor conditions can affect
them more adversely, compared to men. Throughout 2013, research
among women in prisons and prison communities in five very different
countries found many examples of this (and particularly in the many
squalid and unsafe police cells used to detain women on arrest) to harmful
if not devastating effect.

Women in prison are less likely than men to have access to funds of their
own, yet they tend to be supported less by outsiders too, unless NGOs and
other help groups fill in. Yet none of the prisons visited provided regular
free supplies of sanitary towels, leaving some women using rags, others
needing to source them wherever possible.

Women told us of their fear, guilt and helplessness at failing to keep

accompanying children clean, healthy and fed. In some prisons, such
children do not receive their own food rations, and mothers must share. 

BALIKA GRAH
Balika Grah is a home for destitute girls of age 6-18 who are orphan or
have a conflict with law. Our main activities are- giving them home-like
atmosphere, education and train them in various courses like stitching,
26
 computer operating, beauty culture, embroidery, Candle making, dance,
yoga, painting, cooking etc. to make them self-reliable once they set foot
in the outer world.

Achievements:
 Education: Girls now have started taking their education more
seriously, getting better in decision making for future and are beginning
to p
 Pursue higher education in fields like nursing, hotel management
and fashion designing.
 More than hundreds of lost girls’ homes have been found and they
have been reunited to their families.
 Earlier, clothes for the inmates were bought by the government,
but later after training them, they have been stitching their own
clothes and the money they earn is deposited in the girl’s personal bank
account by the government.
 Now every girl is given receptivity by the members of SMILE so
that they can open up their hearts, and share their problems without any
hesitation and get help.

WOMEN LIVING IN SLUMS

BELOW POVERTY LINE AND WORKING IN UNORGANISED SECTOR

Women labour constitutes a significant portion of the total labour force.

However, labour market does not play fair to them. Their labour does not
receive expected attention and sometimes, becomes marginalised in the
process of development. Generally, they have no equal access to the
labour market. They are predominantly employed in the labour intensive
unskilled jobs with less security of tenure and lower wages, while their
male counterparts have access to capital-intensive jobs with greater
stability, higher wages and better career prospects.
There are various societal restrictions that are placed on women or
women workers and the consequences they have in causing a segmented
27
labour market. Low income level compels women to join labour market.
Since, she, generally, has no required skill to join high yielding, secure
and lucrative jobs she joins inferior jobs.
Women’s poverty must combine a range of decent employment
opportunities with a network of social services that support healthy
families, such as quality health care, child care, and housing support.
Policy objectives must also recognize the multiple barriers to economic
security women face based on their race, ethnicity, immigration status,
sexuality, physical ability, and health status. These approaches must
promote the equal social and economic status of all women by expanding
their opportunities to balance work and family life.

13. ANALYSIS
WOMEN LIVING IN SHELTER HOME, JAIL, BALIKA
GRAH AND IN SLUM
Research group studied the 178 women living in critical circumstances
in shelter homes, jail (under trail and sentenced), balika grah, women
of below poverty line in slums.

28
SHELTER HOME

29
1. Educational qualification?
S.NO. EDUCATIONAL QUALIFICATION TOTAL

1. 1ST- 5TH CLASS 2

2. 6TH- 8TH CLASS 1

3. 9TH- 10TH CLASS 2

4. UNEDUCATED 4

EDUCATIONAL QUALIFICATION

22%

44% 1st- 5th CLASS

6th- 8th CLASS
9th- 10th CLASS
11% UNEDUCATED

22%

45% of women living in shelter home are uneducated.44% of women are

educated up to 5th and 10th class. The analysis shows that 89% of the
women are uneducated or they have very little education. Proper illiteracy
is the main problem about the unawareness of human rights.

30
 2. Reasons of living in shelter homes
Case-1 Husband died and she has no support from in laws, so
her brother sends her in nirbhaya shelter home.
Case-2 Husband died and she is having two married
daughters, she got no support from her in-laws so she came to
nirbhaya shelter home.
Case-3 Husband died and in-laws thrown her out of the house,
so she filed complaint and police send her to nirbhaya shelter
home.
Case-4 She was found roaming in the streets by the police, so
they left her to nirbhaya shelter home.
Case-5 Don’t want to disclose.
Case-6 She is dumb and mentally handicap, she also have a
child, she was found roaming in the streets so child line
organisation left her to nirbhaya women shelter home.
Case-7 Basically she is from Bangladesh, she was sold to
someone in India but she ran away from there. She has no
contact with her family; police brought her here.
Case-8 Mother died and her father abused her; she filed a
complaint and brought to shelter home.
Case-9 Don’t want to disclose.
31
3. Who recommended you to come in shelter home?
S.NO. RECOMMENDED/BROUGHT BY TOTAL
WHOM
1. FAMILY 1

2. POLICE 5

3. SOCIAL WORKERS/ NGO 2

4. BY HERSELF 1

RECOMMENDED/ BROUGHT BY WHOM

11% 11%
22%
FAMILY
POLICE
SOCIAL WORKER/
NGO
56% BY HERSELF

Most no. of women are brought by police in shelter home and others
are by social worker, family or by their self because of
circumstances.

32
4. What problems you are facing in shelter home?
S.NO. PROBLEMS IN SHELTER HOME TOTAL

1. PROBLEM 0

2. NO PROBLEM 9

PROBLEMS IN SHELTER HOME

100% PROBLEM
NO PROBLEM

Identification of Problems 100% women reported no problem but it was

33
5. What all facilities you are getting in shelter home?
S.NO. FACILITIES IN SHELTER HOME TOTAL

1. TRAINING 9

2. FOOD/ CLOTHING 9

3. ENTERTAINMENT 9

4. OTHERS 9

FACILITIES IN SHELTER HOMES

100%
90%
80%
70%
60%
50%
40%
30% FACILITIES IN
20% SHELTER
10%
0%
HOMES

34
6. Are you aware of your rights?
S.NO. AWARENESS OF RGHTS TOTAL

1. YES 3

2. NO 6

AWARENESS OF RIGHTS
33%

YES
NO
67%

67% women are not aware about their human and basic rights and 33%
women are told that they know about their rights but we asked about details
they were unable to reply anything.
33% women who replied yes know the following rights:

 Right to freedom
 Right to education
 Right to speak
 Right to information.
35
36
8. Are you getting support from your family/
society/organisation?
S.NO. SUPPORT FROM TOTAL

1. FAMILY 1

2. ORGANISATION 9

SUPPORT FROM
10
9
8
7
6
SUPPORT FROM
5
4
3
2
1
0
FAMILY ORGANISATION

In reference to family and institutional support 90% women told that their
institution is giving full support, only 10% on family support.

37
9. What do you think about your future?
S.NO. FUTURE OF WOMEN TOTAL

1. DECIDED 5

2. NOT DECIDED 4

FUTURE OF WOMEN

44%

56%

DECIDED NOT DECIDED

56% of women were interested in their future an replied like that-

 Try to stand on own feet

 Want to do some work on her own to earn
 Want to work
 Want to study further
44% of the total women
38 not replied anything and their attitude
was pessimistic.
10. Do you feel secure in shelter home?
S.NO. SECURITY IN SHELTER HOME TOTAL

1. YES 9

2. NO 0

SECURITY IN SHELTER HOME

100%

YES NO

39
11. Do you get proper health/medical facilities in shelter
home?
S.NO. MEDICAL FACILITIES TOTAL

1. YES 9

2. NO 0

MEDICAL FACILITIES

YES
NO

100%

100% women replied in shelter home that they are availing medical
facilities but the situations are most like that most of women were looking
40
12. Behaviour of organisation and others toward you?
S.NO. ORGANISATIONAL BEHAVIOUR TOTAL

1. FRIENDLY/ SUPPORTIVE 9

2. NOT GOOD 0

BEHAVIOUR OF ORGANISATION AND OTHERS

100%

FRIENDLY AND SUPPORTIVE NOT GOOD

100% of the total women replied in shelter home that the behaviour of
the Organisation and the concerned person is very good, loving and
gentle. This situation is very satisfactory with the deserted from home
and society most of the women
41 are victims of family violence.
WOMEN
PRISONERS
AND
UNDER TRAILS

42
 1. How long have you been in prison?
S.NO. Duration TOTAL

1. LESS THAN 1 MONTH 2

2. 1-6 MONTH 5

3. 7-12 MONTH 2

4. 13-24 MONTH 5

5. MORE THAN 2 YEARS 4

DURATION
22% 11%

LESS THAN 1 MONTH

28% 1-6 MONTHS
7-12 MONTHS
13-24 MONTHS
MORE THAN 2 YEARS

28% 11%

28% women are in jail from 13-24 months and the same 28%are from
1-6 months. 22% women are living in jail since 2 years and 11% are in
jail from 7-12 months.
43
 2. Is this your first time in prison?
S.NO FIRST TIME IN PRISON TOTAL
.
1. YES 18

2. NO 0

FIRST TIME IN PRISON

YE
S
NO
100%

100% replied that they came first time in jail and it shows that they are not
habitual criminals.

44
 3. What is your current status?
S.NO. PRISON STATUS TOTAL

1. REMAND/UNDER TRIAL 8

2. CONVICTED BUT NOT SENTENCED 0

3. SENTENCED 10

CURRENT STATUS

44%
REMAND/ UNTRIED
CONVICTED BUT NOT YET
SENTENCED
56% SENTENCED

56% are sentenced in jail after punishment and 44% are under trial.
No one was convicted but not sentenced.

45
4. What is your main day time activity?
S.NO DAILY ACTIVITY TOTAL
.
1. EDUCATION AND WORK 4

2. LABOUR WORK 5

3. SICK (NO WORK) 2

4. HAVE NO WORK 7

MAIN DAY TIME ACTIVITY

22%
39% EDUCATION AND
WORK
WORK ONLY
SICK(NO WORK)
UNEMPLOYED
11% 28%

39% women in prison have no work. 5% of women are doing labour work.
22% are working for education activity and 11% are sick so that they are
not doing any work. The proper distribution of labour work and activities

46
5. Do you usually spend most of the day time (That is 6
or more hours a day between 9 A.M. – 6 P.M. Monday
to Friday) in your cell?
S.NO. SPEND MOST OF THE TIME IN TOTAL
CELL
1. YES 0

2. NO 18

SPEND MOST OF THE TIME IN CELL

YES

NO

100%

100% women reported that they are not full time living in cell.
Sometimes they are out for activities.

47
6. Have you ever experienced the use of tortured and
abuse treatment with you by officers and other
functionaries in jail?
S.NO. ABOUT TORTOURED AND ABUSE TOTAL
BEHAVIOUR
1. YES 0

2. NO 18

ABOUT TORTURED AND ABUSE BEHAVIOUR

YES

NO
100%

100% women replied that they are properly treated without any abuse and
torture behaviour. This was the plus point of jail behaviour.

48
7. Are you any time depressed and in distress?
S.NO. DEPRESSION AND DISTRESS TOTAL

s1. NEVER 17

2. YES, BEFORE COMING IN JAIL 1

3. YES, IN PRISON 0

DEPRESSION AND DISTRESS

6%

94%

NEVER YES, BEFORE COMING IN JAIL

YES, IN PRISON

94% of women in jail replied that they were never in state of depression
or distress and only 1 woman was distressed and depressed.

49
8. Are you getting any healthcare and medical aid
in jail?
S.NO. HEALTH CARE AND MEDICAL TOTAL
AID
1. YES 15

2. NO 3

SERVICES OF HEALTH CARE DEPARTMENT

17%

YE
S
NO

83%

83% of the total women reported that they are getting proper health
and medical aid in jail and 17% complained that they are not getting
proper medical support.

50
 9. Do you receive visits of your family members in
prison?
S.NO. VISITS OF FAMILY MEMBERS TOTAL

1. YES 10

2. NO 8

VISITS OF FAMILY MEMBERS

44%

56%
YES
NO

Family members of 56% of total women are used to come and 44% are
not getting any family meetings. This is general practice that women is
in jail family will not support her because of gender based attitude.

51
10. For what offence you are in jail?
S.NO. OFFENCES DONE BY WOMEN TOTAL
PRISONERS
1. FOR MURDER 10

2. FOR THEFT 3

3. FRAUD 2
4. UNDER DOWRY PROHIBITION ACT 3

OFFENCES DONE BY WOMEN PRISONERS

17%
MURDER
FRAUD
17% THEFT
56% UNDER DOWRY ACT

11%

55% of women in jail are because of offence of murder.17% are for theft
17% convicted under dowry prohibition act and 11% of the women are
due to fraud but general reply of all women was that they are fraudly
involved in case, may be murder cases were situational.
52
53
11. How institution is treating you?
S.NO. INSTITUTIONAL BEHAVIOUR TOTAL

1. VERY GOOD 3

2. GOOD 14

3. BAD 1

BEHAVIOUR OF ORGANISATION
6% 17%

VERY GOOD
GOOD
BAD

78%

78% women reported that the behaviour of jail is good. 17% replied very
good behaviour but 1 was not satisfied. It was observed that they were not
clear about organisational behaviour.

54
 12. Are you aware of your rights?
S.NO. AWARENESS OF HUMAN RIGHTS TOTAL

1. YES 7

2. NO 11

AWARENESS OF HUMAN RIGHTS

39%

YES
NO
61%

61% of the total women were not aware of their basic rights and human
rights but 39% were known about Human Rights.

55
S.NO. AWARENESS ABOUT RIGHTS TOTAL

1. RIGHT TO FREEDOM 3

2. RIGHT TO EDUCATION 2

3. RIGHT TO PERSONAL LIBERTY 1

4. DON’T KNOW 11

AWARENESS ABOUT RIGHTS

18%

12%
RIGHT TO FREEDOM

RIGHT TO EDUCATION
65% 6% RIGHT TO PERSONAL
LIBERTY

DON'T KNOW

From the above data:

 65% don’t know the name of the rights.

 6% of women know about the right to personal liberty.
 12% of women know about the right to education.

56
S.NO AWARENESS OF BASIC RIGHTS TOTAL
.
1. RIGHT TO KNOW THE OFFENCE 2

2. RIGHT TO HEALTH AID 2

3. RIGHT TO LEGAL AID 5

4. RIGHT TO WORK 1

AWARENESS OF BASIC RIGHTS

10% 20%

RIGHT TO KNOW THE

OFFENCE
RIGHT TO HEALTH AID
RIGHT TO LEGAL AID
20% RIGHT TO WORK

50%

Women living in jail are aware of the following Basic Rights:

 50% of women know Right to Legal Aid.

 20% of women know Right to Health care.
 20% of women know Right to Know the offence.
 10% of women know Right to information.
It was found that they were very conscious about their legal right.

57
 13. Have got any legal aid?
S.NO LEGAL AID TOTAL
.
1. YES 5

2. NO 13

LEGAL AID
28%

YE
S

NO
72%

72% of women in jail are not reported that they are not getting any legal
aid or they may have no information about it but 28% were aware of
their legal aid.

58
 14. Are you getting proper sanitation facilities in this
prison?
S.NO. SANITATION FACILITIES TOTAL

1. YES 18

2. NO 0

SANITATION FACILITIES

YES
NO

100%

100% of women were happy with sanitation system and they have no
complaint.

59
 15. Are you getting proper food in this prison?
S.NO. PROPER FOOD TOTAL

1. YES 14

2. NO 4

PROPER FOOD
22%

78%

YES NO

78% of women were satisfied with their food in jail and 22%are not happy
with food, they have many complaints about it. Though some women told
that they are getting fruits also and extra diet is provided to pregnant
women.

60
16. Do you have any child?
S.NO. CHILDREN TOTAL

1. GIRL 2

2. BOY 5

3. BOTH 6

4. NO CHILD 5

CHILDREN
28% 11%

GIRL
28% BOY
BOTH
NO CHILD

33%

33% of women have both a female and a male child.28% of women

reported that they have male child. 28% of women reported that they do
not have any child. 11% of women reported that they have a female child.

61
 16(A) If yes, who is taking care of your children?
S.NO. CHILDREN ARE TAKEN CARE BY TOTAL
WHOM
1. FAMILY 9

2. PRISON 1

3. DON’T KNOW 3

4. NO CHILD 5

CHILDREN ARE TAKEN CARE BY WHOM

28%

50% FAMILY
PRISON
DON'T
KNOW
17% 6%
NO
CHILD

50% of the women prisoners are in their family (house). 28% have no
child. 17% have no information where there child are living.
1 woman is having her child with her in another jail. He is also
a criminal.
62
63
 17. Are you getting any support from your
family/society/ Organisation/ relatives?
S.NO. SUPPORT FROM TOTAL

1. FAMILY 11

2. RELATIVES 4

3. ORGANISATION 5

4. NO SUPPORT 7

SUPPORT FROM
26%
41%

FAMILY

RELATIVES

ORGANISATIO
19% 15% N

NO SUPPORT

41% of women are supported by family and 26% are not getting any
support from their family, society and institution. 18% replied that they
have only organisational support and 15% have support from relatives.

64
 18. What is your future plan after jail?
S.NO. FUTURE PLANS OF WOMEN TOTAL
PRISONERS
1. DECIDED 13

2. NOT DECIDED 4

3. REVENGFUL WITH CRIMINAL 1

TENDENCY

FUTURE OF WOMEN PRISONERS

6%
22%

DECIDED

NOT DECIDED

REVENGFUL WITH
72% CRIMINAL TENDENCY

72% are ambitious and decided about their future plans but 22% of the
total women have not decided their future plan in jail.
6% are revengeful for the persons who are involved to send them in jail.

65
BALIKA GRAH

66
1. Educational Qualification?
S.NO EDUCATIONAL QUALIFICATION TOTAL
.
1. 1ST-5TH CLASS 4

2. 6TH-8TH CLASS 10

3. 9TH-10TH CLASS 8

4. 11TH-12TH CLASS 3

5. UNEDUCATED 1

EDUCATIONAL QUALIFICATION
12
10
8
6
EDUCATIONAL
4 QUALIFICATION
2
0

Out of total number of girls interviewed, 4 girls are educated up to 5 th class, 10

girls are educated up to 8th class, 3 girls are educated up to 12th class and 1 girl is
uneducated. It shows that average numbers of girls are educated in balika grah.
67
2. For what reasons you are in balika grah?
S.NO REASONS OF LIVING IN BALIKA GRAH
1. ORDER OF COURT

2. ABSENCE OF PARENTS

3. TORTURED BY FAMILY

4. SOCIAL WORKER/NGO

5. OTHER

REASONS OF LIVING IN BALIKA GRAH

15% 19%

12%

23%

31%

ORDER OF COURT ABSENCE OF PARENTS TORTURED BY FAMILY

SOCIAL WORKER/NGO OTHER

According to analysis:

 31% of girls are tortured by family because of gender bias

attitude.
 23% of girls living
68
in balika grah because of the parents
death.
 19% of girls living in balika grah because of court orders.
 3. Who brought you in balika grah?
S.NO BROUGHT BY WHOM IN BALIKA GRAH TOTAL
.
1. BY POLICE 13

2. BY FAMILY 6

3. SOCIAL WORKER/NGO 3

4. OTHERS 4

BROUGHT BY WHOM
13% 5%

56%
26%

BY POLICE BY FAMILY
SOCIAL WORKERS/NGO OTHERS

In balika grah 56% of girls brought by police, by the court orders or 26%

of girls brought by family and 17% of girls brought by social worker and

others.
69
4. What problems you are facing in balika grah?
S.NO. PROBLEMS IN BALIKA GRAH TOTAL

1. PROBLEM 0

2. NO PROBLEM 26

PROBLEMS IN BALIKA GRAH

100%

PROBLEM NO PROBLEM

100% of girls replied that they have no problem in balika grah but it was
observed that it was not a clear picture; their reply was in some pressure.

70
 5. What all facilities are you getting in balika grah?
S.NO FACILITIES IN BALIKA GRAH
.
1. EDUCATION

2. FOOD/CLOTHINGS

3 ENTERTAINMENT

4. OTHERS

FACILITIES IN BALIKA GARH

100%
90%
80%
70%
60%
50% FACILITIES IN
40% BALIKA GARH
30%
20%
10%
0%
EDUCATION FOOD/CLOTHING ENTERTAINMENT OTHERS

In reference to facilities that

71 are provided in balika grah are education,

food/clothing, entertainment and other; 100% girls not reported any

72
7. Are you getting proper legal aid?
S.NO. LEGAL AID TOTAL

1. KNOWN 12

2. NOT KNOWN 14

LEGAL AID

46%

54%

KNOWN NOT KNOWN

54% of girls have no information about legal aid but 46% of girls are
known about it.

73
 8. Are you getting support from your family/
organisation?
S.NO. SUPPORT FROM TOTAL

1. FAMILY 2

2. ORGANISATION 26

30

25

20

15
26
10

0 2
FAMILY ORGANISATION

SUPPORT FROM

26 girls reported that they are getting full support from

organisation.2 is getting support from family also.
Family support is very little, it was observed because of the gender
based discrimination. 74
 9. What do you think about your future?
S.NO. FUTURE GOALS TOTAL
1. EDUCATION 5
2. TEACHER 7
3. DOCTOR 6
4. POLICE OFFICER 2
5. JUDGE 1
6. ENGINEER 2
7. CHARTERED ACCOUNTANT 1
8. OTHER 1
9. NOT DECIDED 1

FUTURE GOALS
8
7
6
5
4
3 FUTURE GOALS
2
1
0

Out of total number of girls we interviewed:

 7 want to become teacher.

 6 want to become doctor.
 5 want to do further education.
 2 want to become police officer and other 2want to do engineering
 1 want to become judge and another 1 want to become C A.
Others have not decided anything
75 but its shows a positive thing that no. of girls are
trying to move in their lives with dignity

.
 10. Do you feel secure in balika grah?
S.NO SECURITY IN BALIKA GRAH TOTAL
.
1. YES 26
2. NO 0

SECURITY IN BALIKA GRAH

100%

YES NO

100% girls replied that they feel secure in balika grah.

76
11. Do you get proper medical /health facilities in
balika grah?
S.NO. MEDICAL FCILITIES TOTAL

1. YES 26

2. NO 0

MEDICAL FACILITIES

YES
NO
100%

77
12. Behaviour of organisation and others towards you?
S.NO. BEHAVIOUR TOTAL

1. SUPPORTIVE/FRIENDLY 26

2. NOT GOOD 0

BEHAVIOUR OF ORGANISATION AND OTHERS

100%

SUPPORTIVE/ FRIENDLY NOT GOOD

100% reported satisfactory and supportive nature of the

organisation and others towards them but their replies were under
pressure.

78
WOMEN LIVING
IN SLUM

79
1. Educational qualification of women living in
slum?
S.NO EDUCATIONAL TOTAL
QUALIFICATION
1. UNEDUCATED 25
2. 1ST TO 5TH 04
3. 5TH TO 8TH 21
4. 8TH TO 12TH 72
5. GRADUATION 03
125

EDUCATIONAL QUAIFICATION

2% 20%
UNEDUCATED
3% 1st-5th CLASS
5th-8th CLASS
8th-12th CLASS
GRADUATION
58% 17%

20% of the total women interviewed are uneducated and 58%

are only 8thinspite of that 80most of the women’s not aware of their
basic human rights.
81
 3. Is this house yours or on rental basis?

S.NO LIVING HOUSE STATUS TOTA

. L
1. OWN HOUSE 90

2. RENTED HOUSE 35

LIVING HOUSE STATUS

3%

OWN HOUSE

RENTED
HOUSE
97%

97% of the women living juggies in unauthorised places, according to

latest government policies now they are shifted into small houses of
Multi-layer building at very nominal price and 3% have no houses and
they are living in small rental accommodation.

82
4. What is the nature of work done by women living in
slum areas?
S.NO NATURE OF WORK

1. HOUSEWIFE

2. LABOURER

3. MAID

4. OTHERS

NATURE OF WORK

6%
26%
HOUSEWIFE
LABOURER
MAID
60% OTHERS

7%

60% of total women interviewed have told that they are housewife but they are
working partly in houses like altering clothes, pot cleaning, house cleaning,
washing clothes cooking in very small wages.26% were maid and they gives 4-6
hours to domestic work in various houses.7% women’s belong to labour class and

83
5. What is the behaviour of family and neighbours
towards you?
BEHAVIOUR OF FAMILY AND
S.NO. NEIGHBOURS
1. GOOD

2. VERY GOOD

3. BAD

4. HELPING

BEHAVIOUR OF FAMILY AND NEIGHBOURS

9% 10%

GOOD
56% VERY GOOD
26% BAD
HELPING

56% of total women interviewed have told in spite of living poor and in
critical condition the behaviour of the family members and other is good
and supportive.26% behaviour is very good, 9% of the total women
living in are helping. This may be because of pressure of family and

84
6. What do you think how will be your future?
FUTURE EXPECTATION
S.NO. TOTAL
1. MORE EARNINGS 72

2. SATISFACTORY 2

3. NOT KNOWN 51

4. BETTER FUTURE 0

FUTURE EXPECTATION

41% MORE EARNING

SATISFACTORY

58% NOT KNOWN

BETTER FUTURE

2%

58% of the total women interviewed were ambitious for more earning
and better future and quality of life but 41% of women have no

85
7. What problems do you face in slum?
PROBLRMS OF WOMEN LIVING IN CRITICAL TOTAL
S.NO. CIRCUMSTANCES
1. CLEANLINESS AND DRAINAGE 98

2. SECURITY 52

3. WATER AND ELECTRICITY 19

4. NIL 13

PROBLEMS OF WOMEN LIVING IN CRITICAL

CIRCUMSTANCES

10% 7%
CLEANLINES
S AND
DRAINAGE
54%
SECURITY
29%
WATER AND
ELECTRICITY

NIL

54% of total women have complaint about the sanitation and draining
problems in their areas but 29% women have problem of their own
security by social element. 10% women told that water is not daily
available in their areas and also problem of electricity is there. 7% of

86
8. Awareness of Human Rights?
AWARENESS OF HUMAN RIGHTS TOTAL
S.NO
.
1. YES 52
2. NO 73

AWARENESS OF HUMAN RIGHTS

42%

58%
YE
S
NO

The above pie chart shows that only 42% of women interviewed were
aware of their Human Rights and rest 58% were not.

87
 (a) Name of Human Rights known to women’s.
S.NO AWARENESS OF HUMAN RIGHTS TOTAL
1. RIGHT TO LIFE 5
2. RIGHT TO WORK 14
3. NOT KNOWN 95

AWARENESS OF HUMAN RIGHTS

4%
12%

RIGHT TO LIFE
RIGHT TO
WORK
83% NOT KNOWN

On the basis on our findings the awareness of following Human Right

by women living in slum are as follows:

 12% women were aware of Right to Work and

 5% were aware of Right to Life.

88
(b) Which human rights are known to women’s living
in slum?
S.NO. AWARENESS ABOUT HUMAN RIGHTS TOTAL

1. RIGHT TO EDUCATION 34

2. RIGHT TO INFORMATION 45

3. RIGHT TO VOTE 47

4. RIGHT TO SPEAK 5

AWARENESS ABOUT HUMAN RIGHTS

4% 26%
36%

RIGHT TO EDUCATION
RIGHT TO INFORMATION
34% RIGHT TO VOTE
RIGHT TO SPEAK

Our findings clearly show that:

 36% of total women interviewed were aware of Right to Vote;

 34% know the Right to Information;

89
 9. Do you get proper medical facilities when you go
to the hospital?
S.NO. AVAILABLE MEDICAL TOTAL
FACILITIES
1. YES 118
2. NO 8

AVAILABLE MEDICAL FACILITIES

6%

YE
94% S
NO

The above pie chart shows that 94% of the women get proper medical
facilities when they go to hospitals (Government and Private

90
10. Are you aware of running Government Policies
and Schemes?
S.NO. AWARENESS OF GOVERNMENT TOTAL
POICIES AND SCHEMES
1. YES 68

2. NO 46

3. THROUGH MEDIA 11

AWARENESS OF GOVERNMENT POICIES AND SCHEMES

9%

37% 54%

YES NO THROUGH MEDIA

Out of total women interviewed only 54% and 9% of women are aware of
Government Policies and Schemes and get aware through media respectively.
Remaining 37% women out of total are not aware of any of the Government

91
14. CONCLUSIONS
To identify the problems of human rights enforcement and violation of
human rights of the women living in CRITICAL circumstances. We
interviewed 178 women on various aspects that in which circumstances
they are living and about the status of the violation of their human
rights and about their financial and social status. We interviewed all
those women who are living in shelter home, balika grah, jail (under
trails and sentenced) and women living in slum areas.

SHELTER HOMES
1. All the women living in shelter home are the victim of domestic
violence they are unaware of their own rights and uneducated living
in critical, social and in financial circumstances.
2. Most of the women are sent in shelter home by police. After FIR
registered some have come with the help of social worker or by
themselves. Therefore need of protection from domestic violence
under Domestic Violence Act 2005 should be effectively enforced
to save their rights and security.
3. Women living in shelter home had not reported any problem. They
might be under pressure of organisations we observed that they have
not express their problems because of no support from family and
society. Need to aware them about awareness of right to personal
liberty, right to life, right to freedom of expression, legal assistance.
4. Women living in shelter home replied that all facilities are available
here. It was observed that because of organisational pressure they
are bound not to reply any complaint. Computers are not working in
shelter home and cleanliness was not there. As it was told by
women that they are getting 100% facilities of food, health,
education, clothing and entertainment.

92
 “No problem” is issue of close monitoring, we need to find out
the reason that why they are not telling anything.
5. 67% of the total women have no awareness of their human rights,
which is the main violation of their human rights. Only few have
information about their rights like right to freedom, right to speak,
right to information but they are not aware of how to implement
these rights.
Felt need is that to educate women living in shelter home about their
constitutional and legal right.
6. In Universal Declaration Of Human Rights there is a provision of
all are equal before law, right to trail and right to free legal aid
for needy women. In India The Legal Service Authority Act, 1987
has provided legal assistance and free legal aid, but in shelter home
situations were totally different women suffering from social
violence had no information about legal rights and assistance.
Therefore, it is essential to provide legal aid, legal education and
information to women living in shelter homes.
7. Only one woman is getting support from family and organisation
both in shelter home but 100% are getting full support from
organisation. Though organisational support is mandatory and
attitude of family and society is gender biased.
In conclusion we can say there are need of intensive gender based
sensitisation for family and civil society through training awareness
and various sources of media towards women.
8. 44% women replied that they have not decided about their future
because they have no right of decision making for their own life.
Those 56% who told about their future that they want to earn or
study further are also depending on their male partner. Therefore,
we found that there is a need of attitudinal change of women
towards decision making and quality of life.
9. 100% women reported that they are feeling safe in shelter home it
means they had no security in family and society. Even in Universal
93
 Declaration Of Human Right there is provision that women has a
human right about her security.
In Beijing conference, also it was decided that state can intervene
for the issue related to women and it is the responsibility of the civil
society. A woman has legal right to take security from police and
other government organisation. But we found that women are safe
in shelter home and we need to train them and empower them for
their own security .There is need of attitudinal change, awareness
generation, gender sensitisation for women security, today there is
acute problem in our society for enforcement of law related to
women security .
10. 100% of the women reported that they are getting all medical
facility. It can be possible but there is one doubt that when common
man is not getting proper facilities in government institution and
women who are coming to shelter home may be coming with some
physical injuries because of family violence and are sick, they need
proper medical facilities. So this is very positive point.
Nevertheless, mental illness like depression, distress is not properly
addressed so counselling is needed for every victim by psychologist.
11. Deserted women living in shelter home needs proper sensitive
behaviour and all women living in Nirbhaya Shelter Home reported that
the behaviour of the organisation is friendly and supportive. This is the
plus point but in need of close monitoring for the behaviour of
organisation. Where they are staying, so that the victim women can
establish their own identity again in the society with dignity. There is
need of moral support from every agency by police and legal institution.

94
 BALIKA GRAH

1. Most of the girls living in balika grah are educated from 6th- 12th
class and others are up to primary or are not educated.
They have no exposure of life skills, security and social problems.
Though they are going to school from balika grah but for them
attitude of teachers and society is different so it is essential to
provide them special dimensions of behavioural aspects like
motivation, confidence and life skills for empowerment and
physical security.
2. Most of the girls living in balika grah are because of the absence of
parents, torture by family and gender based attitude of family. On
other hand some girls are victim and involved in legal process and
send in balika grah by court order, social worker and police.
Sex ratio in our state is very low. So for saving our girls we need to
provide them qualitative life. Close monitoring of facilities is
essential in some cases girls have tried to abscond from the balika
grah. For proper monitoring of avaibility of facilities and sensitive
behaviour, inspection of officers is necessary.
3. 82% of the girls are in balika grah are sent by various units of police
and through court order to balika grah Bhopal, and others by social
worker but the balika grah is controlled by the government. The
functionaries of balika grah should be sensitize on the basis of
gender sensitivity and by so many news told by the media and
person working here so need of proper quality of behaviour is
expected from balika grah need of close monitoring and orientation
of skills and attitude is necessary.
4. No girl of total 26 has reported any problem in balika grah. This is
observed that they are supposed to be in pressure so need of close
monitoring and proper identification of problems and their solution.

95
5. Girls are not aware of their basic human rights so need to orient
them about the human right protection measures in practice.
6. Legal education should be provided to girls because they don’t have
any information about laws and protection of human rights. It can be
possible by small capsule of orientation.
7. Organisation is giving full support but families are unsupportive
because of gender based discrimination. Intensive gender
sensitisation for families and civil society by a special campaign is
needed to identify the gender gaps.
8. 100% girls reported that medical facilities are available in balika
grah but on other hand media have reported about so many
problems .It was observed that100% availability of medical facilities
reported was under high pressure.
9. 100% positive behaviour reported by girls was also seen under
pressure of organisation.

96
 WOMEN PRISONERS AND UNDER TRAILS

1. Women of under trial category are living for long time in jail because
of long judicial process and convicted women are also their so that
they need proper physical and mental health care. Many women are
found in distress because of their child, they need proper medical care
and counselling.
2. Most of the women living in jail are victim of circumstantial crime,
and they are mother of children, facing trauma of children welfare so
they need counselling and behavioural support from jail functionaries
is an important issue. This is natural that women living in jail are
sufferers of distress and depression only proper counselling can solve
this problem.
3. Proper care of children for women living in jail is observed needful.
4. There is a need of speedy judicial process and proper legal assistance
to women.
5. Skill development training is the part of their daily activity and equal
division of work is needed.
6. 100% women reported that there is no torture and abused in the jail,
but continuous monitoring is required on this issue.
7. Proper medical care and appointment of gynaecologist is important
for the proper treatment of women related disease.
8. 44% of the total women have no family support this is general
practise, need of attitudinal change of civil society on the basis of
gender.
9. Most of the women are in jail because of crime of murder, while
others are because of theft but the offence of the women are situational
so there is need of proper investigation and role of police is important.
10. Only 5% women have reported ill and abusive behaviour and there
is need of behavioural training.

97
11. This was found that women are not aware of their rights because of
the lack of education and exposure so that need of human rights
education and protection measures for awareness.
11.1 Those women who have some information about their
rights is only right to freedom, education and personal
liberty but they cannot avail them in their own life because
of no proper orientation they can’t protect their life.
11.2 Most of the women are aware of health care facilities, legal
aid, but how to avail these rights in not known by them. So
the orientation of legal right, how to get support of health
care system and information is to be given properly.
12. 72% have no information about legal assistance so legal education
and proper legal information should be given by appropriate persons
for legal assistance and basic knowledge.
13. We found in jail no cleanliness of sitting area of women prisoners
all though they reported 100% positive about cleanliness and sanitation
system. Though the real situation was not like this, there was leakage
in septic tank and water was flowing and foul smell was coming which
polluted the environment.
14. Most of the women are not getting support by their family and
relatives. They have only organisational support and we strongly felt
the need for change in attitude of civil society.
15. Most of women have decided their future plans but they have no
exposure. Skill training for women empowerment and awareness of
basic rights should be planned so that they can live a respectful and
dignified life after jail.

98
 WOMEN LIVING IN SLUM
1. Women living in critical circumstances in society are generally
labourers, maid working in house domestic fronts and deserted by family
and not properly educated. There is need of economically productive
education for their identity, independence and empowerment so they can
lead their life with dignity.
2. Women reported herself dependent but they are not totally dependent
as they are working in household, childcare, small shops but they have no
skills. We concluded that special skill development programs can be
organised in slum areas for women living in critical circumstances so that
they can increase their source of income for quality of life.
3. Total interviewed women reported proper and very good behaviour by
neighbours and family but on the other hand people consuming alcohol
possess threat to the security of women living in slum and there is need
for more security.
4. About future plan more than 50% of women were ambitious about their
future earning and future plans. But they have no knowledge and
exposure for future planning. So there is need of skill development and
economically productive educational plan of action.
5. 83% of the total women are facing problems of cleanliness and
drainage system and security. These problems can only be solved by
awareness about the issues related to cleanliness, health and security.
9. More than half of the women in slum area are not aware of
basic human rights. This the reason behind their sufferings and
violation of their rights. This problem can only be solved by
making them aware of their basic human rights.
Those women who are aware of their right are mainly aware of
right to work and right to life. Some women have information of

99
right to information and right to education and because of political
interference they are aware of their right to vote.

10. Availability of medical facilities – 94% reported about

the proper medical facility that they are getting proper medical
facility this is positive point of management.
11. Policies, programmes and Schemes –women living in
critical circumstances, most of them have no information
about programme policy and scheme of their benefit.
But because of lack of education, and facility they are not able to
avail them.

100
15.SUGGESATIONS AND RECOMMENDATIONS
SHELTER HOMES
1. Need of human rights education for families and society,
especially for women living in shelter homes and persons
concerned to shelter home.
2. Protection of human rights and security for women in family
and civil society.
3. Effective implementation of act Protection of Women from
Domestic Violence 2005, and awareness about rights given in
this act.
4. Identification of problems of women living in shelter homes
and tries to find out their solution.
5. Awareness for the protection of basic human right for women.
6. Close monitoring of shelter homes through inspection, review and
evaluation.
7. Gender sensitisation for shelter home functionaries and concerned
functionaries.
8. Encouragement of women for decision making, provide proper
legal assistance to women.
9. Need of attitudinal change for all concerned person about women
10. Need of sensitive behaviour, counselling and care of infants.

BALIKA GRAH
101
1. Attitudinal change of teachers, managers and other functionaries
of balika grah towards girls. Gender sensitisation training for
attitudinal change for teachers, managers of balika grah.
2. Close monitoring of facilities provided to girls like medical aid,
food and sanitation.
3. Provide family environment with psychological aspect for
proper environment.
4. Focus on the quality of life with motivation.
5. Need to develop life skills and physical training for security.
6. Identification of girl problem and need to find out solutions.
7. Counselling for empowerment of girl child.
8. Provide Value based education.

102
 ABOUT WOMEM LIVING IN JAIL
(UNDERTRAIL AND SENTENCED)

1. Women living for long time as under trail in jail. for them
counselling and medical care should be provided.
2. Need of speedy judicial process in court.
3. Most of the women are the victim of circumstantial crime so
they need proper medical assistance for this purpose legal
education is necessary.
4. Need of skill development and training and in daily activity
and equal division of work is essential.
5. Proper medical care and appointment of gynaecologist is
important for the proper treatment of women related disease.
6. Gender sensitisation training of jail staff and concerned
functionary.
7. Close monitoring of behaviour with prisoners.
8. Need to focus on cleanliness, sanitation and other women
related issues.
9. Organisational support for the care of children of women
living in jail for education and development.
10. Human right education for women living in jail so that they
can plan their life after jail with dignity.

103
 ABOUT WOMEN LIVING IN SLUMS

1. Need of economically productive education and training for

their independence and quality of life.
2. Skill development to increase source of income and economic
empowerment
3. Sensitive behaviour from various stake holders and comfortable
environment in working place for their dignity.
4. Governmental and social control over alcoholic problems.
5. Gender sensitisation training for gender based discrimination
towards girl child.
6. Need of Human rights education, legal rights education for
empowerment and free legal assistance towards women.
7. Need to promote intervention of various governmental, non-
governmental agencies and also international agencies for the
upliftment of women in development.
8. Sustainable programme to promote role of self-help group for
the empowerment of women.
9. Human rights education to aware them on basic human rights
because every women right is human right.
10. Identification of the problems of women living in slums for
their education, health, cleanliness and other social issues.
11. Proper control for domestic violence and social violence.
12. Information and awareness about government policies
programmes and schemes and there effective implementation.
13. Role of activist and NGO working on slum should be
promoted.

104
 16. CASE LAWS

India being a developing country in order to develop needs the tool of women
empowerment more than anything. According to World Bank, around 48.3% of
our country consists of female24 and there is no denying to the fact that since
ancient times when women have been compared to goddesses in our country,
ironically, they have been treated like rags. Although there is a huge difference
the way women were looked at 50 years ago and today. But, the crimes against
women are still rising rampantly and they still are deprived of certain rights which
they deserve as men. However, judiciary has always tried its best to empower the
females of country, be it by giving landmark judgments like of Shah Bano Begum
or Daniel Latifi, Vishakha v. State of Rajasthan.

http://www.tradingeconomics.com/india/population-female-percent-of-total-wb-
24

data.html; http://search.worldbank.org/all?
qterm=female+population+in+india&op=  last accessed on 9th July, 2015
105
 1. Vishaka & Ors. V. State of Rajasthan & Ors,25
As Zia Mody says in her book, Ten Judgements that Changed India, “Judicial
activism reached its pinnacle in Vishakha Vs. State of Rajasthan.”
The Bench, comprising of Chief Justice Verma, Justice Sujatha Manohar and Justice
B.N. Kirpal issued Guidelines to prevent sexual harassment against women in
work places. All complaints of sexual harassment by any woman employee would
be directed to this committee. This is significant because an immediate supervisor
may also be the perpetrator. The committee advises the victim on further course of
action and recommends to the management the course of action against the man
accused of harassment. This verdict was superseded by the Sexual Harassment of
Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013
2. What if she is a prostitute, she is a woman and human being too: Budhadev
Karmaskar State of West Bengal26

In this case, a sex worker was brutally murdered by appellant Buddhadev. The
appellant Budhadev kicked her with fists and legs, and she fell down on the floor.
The appellant then caught her by her hair and banged her head against the floor and
the wall several times which left the victim bleeding from her ear, nose and head.
The incident was witnessed by four persons, Abida, Maya, Asha and Parvati.27

The Apex Court in its division bench headed by Markandey Katju, J and Gyan
Sudha Mishra, J stated: ‘we strongly feel that the Central and the State Governments
through Social Welfare Boards should prepare schemes for rehabilitation all over the
country for physically and sexually abused women commonly known as prostitutes
as we are of the view that the prostitutes also have a right to live with dignity
under Article 21 of the Constitution of India since they are also human beings and
their problems also need to be addressed.’

25
 (1997) 6 SCC 241
26
 LC-2011-SC-CRL-Feb 14
27
Ibid
106
Not only this, but the bench acted quite actively and gave the directions to Central
and State government to prepare schemes for giving technical/vocational training to
sex workers and sexually abused women in all cities in India.

Generally, our society views prostitutes as women of low character but, refuse to
look at their situation from their perspective. The bench in this case must be
appreciated not just for recognizing their right under Article 21 and directing the
state and central governments to act for their welfare but also, to understand their
perspective and impoverished situation. Even, they have cited the novels of Bengali
writer Suresh Chandra Chattopadhya where many prostitutes have been shown to be
women of high character. So, it sends a great message to society to not to look down
upon on sex workers and give them a humane treatment always.

They are equally woman and equally human. It is that it was obvious that appellant
would be punished because the eyewitnesses were there but, the message and
directions it gave truly are an account of judicial activism.

3. Two finger test, it’s like getting raped once again: Lillu @ Rajesh & Anr
vs. State Of Haryana.28

For the first time, the Supreme Court in this case realized the agony and trauma of a
rape victim who had to go through two finger test give her character certification
and after analysing through various precedents, held that it is violation of victim’s
right to privacy and dignity.

It held: “In view of International Covenant on Economic, Social, and Cultural

Rights 1966; United Nations Declaration of Basic Principles of Justice for Victims
of Crime and Abuse of Power 1985, rape survivors are entitled to legal recourse
that does not retraumatize them or violate their physical or mental integrity and
dignity. They are also entitled to medical procedures conducted in a manner that
respects their right to consent. Medical procedures should not be carried out in a
manner that constitutes cruel, inhuman, or degrading treatment and health should
be of paramount consideration while dealing with gender-based violence. The State
is under an obligation to make such services available to survivors of sexual
28
on 11 April, 2013; Bench: B.S. Chauhan, J and Fakkir Mohamed Kalifulla, J
107
violence. Proper measures should be taken to ensure their safety and there should
be no arbitrary or unlawful interference with his privacy. Thus, in view of the above,
undoubtedly, the two finger test and its interpretation violate the right of rape
survivors to privacy, physical and mental integrity and dignity. Thus, this test, even
if the report is affirmative, cannot ipso facto, be given rise to presumption of
consent.”

The decision is definitely applaud able as it gave a sense of confidence and security
to the rape victims. It did not grant any new right because women have already been
conferred right to privacy by our Constitution but, it stopped the violation of their
right to privacy and dignity which was going on from years and years and that too
was of no use in the investigation. The Supreme Court very objectively and
scientifically determined if it was helpful or not and even if it could be helpful, there
can be nothing that can be kept on a pedestal higher than a woman’s dignity, that too
an already traumatized woman. In my opinion, it was the repetition of the same
crime against women behind the veil of legal medical procedures.

4. Stop Acid attacks, regulate and restrict the sale of acid: Laxmi v. Union of
India.29

On account of increase in number of acid attacks on women in the past few years,
Supreme Court in order to curb these gave directions to Home Secretary, Ministry of
Home Affairs associating the Secretary, Ministry of Chemical & Fertilizers to
convene a meeting of the Chief Secretaries/concerned Secretaries of the State
Governments and the Administrators of the Union Territories to curb and restrict the
sale of acid throughout the country.

Acid attacks on women and girls in 2013 and 2014 have been 56 and 47 in number
respectively as per the statistics of acid survivors’ organization. 30Acid attack on a
women is equal to taking away her identity from her and such rampant increase in
this heinous crime was leading to terror amongst women and Supreme Court took a
vital step and certainly led to the empowerment of women to an extent and was an

29
 (2014) 4 SCC 427
30
www.acidsurvivors.org/Statistics/2 last accessed on 8th July, 2015
108
important step towards the safety of women in country.

5. Unwed mothers need not name the child’s father: ABC v. The State (NCT
of Delhi)31

Supreme Court in this latest and landmark judgment declared that now, an unwed
mother is not bound to disclose the name of child’s father and also, she would have
all the rights as a guardian to child under guardianships rights. She need not take
father’s consent for guardianship rights.  Not only it was necessary to protect the
child from social stigma but, also to protect mother’s fundamental right. It was
certainly an avant-garde verdict on gender quality.

The Court emphasized that Section 6(b) of the Hindu Minority and Guardianship
Act, 1956 makes specific provisions with respect to natural guardians of illegitimate

SLP (Civil) No. 28367 of 2011, DB: Vikramajit Sen,J; Abhay Manohar Sapre,J on
31

6 July, 2015
109
children, and in this regard gives primacy to the mother over the father.
Mohammedan law too accords the custody of illegitimate children to the mother and
her relations. Name of father is always a myth while it is only mother whose name
the person can always be sure of because she gave birth to him/her. This is one of
the reasons why a mother should be given primacy or at least equality to exercise
guardianship rights over the child. This judgment is evident of the fact that the
highest court of land is deeply indulged in empowering women because it is the key
to Nation’s development.

6. Living under the same roof, you are married under law: Dhannulal and
ors. V. Ganesh ram and ors.32

In this case, it was held by the division bench that continuous cohabitation of
a couple together that is, ‘live-in relationship’ would raise the presumption of
marriage unless otherwise proven. This was a case regarding the dispute for
the property that their grandfather possessed would also be inherited by the
woman with whom he lived for 20 years or not as she was not his legally
wedded wife. The appellants referred to her as his ‘mistress’ but, not wife. The
woman clearly failed to prove that she was the legally wedded wife of
deceased but, the bench still held that she was eligible to inherit the property.

Generally, our society views the woman who lives with a man without getting
married as his ‘keep’ or ‘mistress’ and looks down upon her which clearly means
that she is deprived of her right to choose whether to marry or not. While it is also
the societal fact that man doing this will never be condemned, the woman is seen as
characterless and does not gets the rights of legally-wedded wife whereas she does
all her duties of a wife. Supreme Court in this case decided to take a step to change
such orthodox notions and gave women their right to choose whether to marry or
not.

32
8 April, 2015; Bench: M.Y. Eqbal,J and Amitava Roy,J
110
 17. MADHYA PRADESH HUMAN RIGHT
COMMISSION
With a view to provide easy and close access to the needy victims of human
rights violations, the State Human Rights Commission was constituted in the
state of Madhya Pradesh in September 1995. Madhya Pradesh was amongst
the first few States to constitute this Commission. The Madhya Pradesh
Human Rights Commission is an expression of the concern for the protection
and promotion of human rights. 
The Commission derives its autonomous status inter-alia, from the method of
appointing its members, their fixity of tenure and statutory guarantees
thereto, the status they have been accorded and the manner in which the
staff responsibility to the commission including its investigative agency will
be appointed and conduct themselves. The financial autonomy of the
commission is spelt out in section 33 of the Act.
The Chairperson and members of the commission are appointed by the
Governor on the basis or recommendations of a committee comprising the
chief minister as the chairperson, the speaker of the legislative assembly, the
minister- in- charge of the home department and the leader of opposition in
the legislative assembly as members.

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ANNEXURE

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 QUESTIONNAIRE ON WOMEN LIVING
IN SHELTER HOMES

INSTITUTION

CONTACT

ADDRESS

1) CASE NO.

2) EDUCATIONAL QUALIFICATION

3) FOR WHAT REASON YOU ARE HERE?

4) WHO RECOMMENDED YOU TO COME HERE?

5) WHAT PROBLEMS YOU ARE FACING HERE?

6) WHAT ALL FACILITIES ARE YOU GETTING HERE?

7) ARE YOU AWARE OF YOUR RIGHTS?

8) ARE YOU GETTING PROPER LEGAL AID?

9) ARE YOU GETTING SUPPORT FROM YOUR FAMILY/

FRIENDS/ ORGANISATIONS?

10) WHAT DO YOU THINK ABOUT YOUR FUTURE?

11) DO YOU FEEL SECURE HERE?

12) DO YOU GET PROPER HEALTH FACILITIES HERE?

13) BEHAVIOUR OF ORGANISATION AND OTHERS TOWARDS

YOU?

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 QUESTIONNAIRE ON WOMEN LIVING IN PRISON
1) How Long Have You Been In This Prison? Less than 1 Month □
1 – 6 Months □
7 – 12 Months □
13 – 24 Months □
More than 2 Years □

2) Did You Begin Your Current Sentence Or Period Of Remand In This Prison?
YES □

NO □

3) Is This Your First Time In Prison?

YES □

NO □

4) What Is Your Current Status?

Remand/Untried □
Convicted But Not Yet Sentenced □
Sentenced □

5) What Is Your Main Daytime Activity?

Education Only □
Education & Work □
Work Only □
Induction Course □
Sick (No Work) □
Unemployed □
Retired □

6) Do You Usually Spend Most Of The Daytime Period (That Is 6 Or More Hours A Day Between 9 A.M. –
6 P.M. Monday-Friday) In Your Cell? YES □

NO □

7) Have You Ever Experienced The Use Of Control & Restraint Procedures By Officers In This Prison?
YES □
NO □
8) Have You Ever Attempted Suicide?
No, Never Attempted Suicide □
Yes, Outside Of Prison Only □
Yes, In Prison Only □
Yes, Outside and In Prison □

9) Have You Ever Used The Services Of The Healthcare Department In This Prison?
YES □
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 NO □

10) Do You Receive Visits Of Your Family Members In This Prison?

YES □
NO □

11) Are You In Regular Contact By Telephone With Your Family Members Whilst You Are In This
Prison?
YES □
NO □
12) WHAT OFFENCE YOU HAVE DONE?

13) HOW INSTITUTION IS TREATING YOU?

14) ARE YOU AWARE OF YOUR RIGHTS?

YES □

No □

15) HAVE YOU GOT ANY LEGAL AIDS?

16) ARE YOU GETTING PROPER SANITATION FACILITIES?

17) ARE GETTING PROPER FOOD?

18) ARE YOU GETTING PROPER MEDICAL FACILITY?

19) WHAT IS THE BEHAVIOUR OF THE PEOPLE OR THE OFFICERS TOWARDS YOU?

20) DO OFFICERS SOMETIMES USE FOUL LANGUAGE WITH YOU?

21) DO YOU HAVE ANY CHILD?

A) IF YES WHOS IS TAKING CARE OF YOUR CHILDREN

B) IS HE RECEIVING PROPER EDUCATION

22) ARE YOU GETTING ANY SUPPORT FROM YOUR FAMILY/ FRIENDS /ORGANISATION/RELATIVES?

23) HOW THEY BEHAVE WHEN THEY MEET YOU?

A) FAMILY

B) CHILDREN

C) SOCIETY

D) OTHERS

24) WHAT DO YOU THINK OF YOUR FUTURE WHEN YOU WILL BE RELEASED?

115
 QUESTIONNAIRE ON GIRLS LIVING
IN BALIKA GRAH

INSTITUTION

CONTACT

ADDRESS

1) CASE NO.

2) EDUCATIONAL QUALIFICATION

3) FOR WHAT REASON YOU ARE HERE?

4) WHO BROUGHT YOU HERE?

5) WHAT PROBLEMS YOU ARE FACING HERE?

6) WHAT ALL FACILITIES ARE YOU GETTING HERE?

7) ARE YOU AWARE OF YOUR RIGHTS?

8) ARE YOU GETTING PROPER LEGAL AID?

9) ARE YOU GETTING SUPPORT FROM YOUR FAMILY/

FRIENDS/ ORGANISATIONS?

10) WHAT DO YOU THINK ABOUT YOUR FUTURE?

11) DO YOU FEEL SECURE HERE?

12) DO YOU GET PROPER HEALTH FACILITIES HERE?

13) BEHAVIOUR OF ORGANISATION AND OTHERS TOWARDS YOU?

116
 QUESTIONNAIRE ON WOMENS LIVING IN SLUM
1) NAME OF THE SLUM

2) DATE

3) NAME OF THE WOMEN

4) AGE

5) NO. OF FAMILY MEMBERS

MALE- FEMALE-

6) EDUCATIONAL QUALIFICATION

7) LOCATION OF THE SLUM

8) IN WHAT CIRCUMSTANCES YOU COME HERE

9) IS THIS PLACE IS YOURS OR ON RENT

10) WHAT IS YOUR SOUCRE OF INCOME

11) WHAT IS YOUR ECONOMICAL SITUATION

12) WHAT DO YOU WORK

13) DID YOU GET PROPER PAYMENT OF YOUR WORK

14) WHAT IS THE BEHABVIOUR OF YOUR FAMILY AND NEIGHBOURS TOWARD

YOU

15) WHAT DO YOU THINK HOW WILL BE YOUR FUTURE

16) HOW YOU ARE TREATED ON YOUR WORKPLACE

17) WHAT PROBLEMS DO YOU FACE HERE

18) ARE AWARE OF YOUR RIGHTS?

IF YES, WHICH RIGHTS

19) DO YOU GET PROPER MEDICAL FACILITIES WHEN YOU GO TO THE HOSPITALS

20) ARE YOU AWARE ABOUT RUNNING GOVERNMENT POLICIES AND SCHEMES
117
21) DO YOU FEEL SECURE LIVING HERE
19.PHOTO CLIPINGS DURING FIELD VISIT

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