Where after all do universal human rights begin?

in a small place close to home….

Eleanor Roosevelt
 Gender based violence

Violence is perpetrated because of woman’s gender

Gender based violence(GBV) is sanctioned explicitly or
implicitly by most norms of ‘civilized’ behaviour.
GBV has naturalized into acceptable social practice
There is conspiracy of silence around the issue saying
that it is “private”
 Gender based violence - India

Sex-selection, female feticide and infanticide, forced

pregnancy, domestic violence, dowry related violence,
against widows, violence in conflicts
(caste/communal/armed) sexual harassment and
assault, forced prostitution and honor killings

…….and many more

 Impact of gender based violence

Right to life, health, bodily integrity,

privacy,access to public space,political
expression, shelter and food
 UN Declaration on the Elimination of Violence
against women

Any act of gender based violence that results in

or is likely to result in physical,sexual, or
psychological harm or suffering to women,
including threats of such acts, coercion or
arbitrary deprivation of liberty, whether occcuring
in public or private life
 Factors that perpetuate gender based violence

Cultural – Gender specific socialisation

Cultural definition of appropirate sex
roles
Expectation of roles in relationships
 GBV factors

Economic
Women’s economic dependence of men
Limited access to cash and credit
limited access to employment
 GBV factors

Legal
Lesser legal status of women
legal definitions of rape
low levels of legal literacy
treatment of women/girls by police and
judiciary
 GBV factors

Political

Under representation of women in power

and politics
GBV is not a serious issue
Notions of family being private, beyond `
control of state
 Gender based violence – GOI response

Constitutional rights
Art.14 - Right to Equality
Art. 15 – No discrimination on the basis of
caste, religion, race, place of birth,sex
Art .16 - Equal opportunities in govt. jobs
Art .21 – Right to life and liberty
 Laws in relation to women’s rights

Prevention of child marriage act – 1949

Special Marriage Act – 1954
Prevention of Dowry Act – 1961
Medical Termination of Pregnancy
Prevention of dowry (amended) Act 1984, 1986
Prevention of Sati Act (1987)
PNDT Act -1994
Sexual harassment at work places - 1997
 GBV – GOI response

Department of Social Welfare, Family Welfare

Women &Child Welfare Department – Cabinet
rank 1990’s
1992 – National Commission for Women
Counseling Centres, Short Stay homes, All
women Police Stations
 IPC-498 A, 304 B- history

Late 1970’s and early 80’s – series of stove burn

cases across Delhi and India
Saheli – Study of 370 women who died in North
India
Lack of police response, most of the deaths
being reported as ‘suicides”
Women’s movement making it a major issue
 498 A

Whoever, being the husband or relative of the

husband of a woman, subjects such woman to
cruelty shall be punished with imprisonment for a
term which may extend to three years and shall
also be liable to fine
 498 A – cruelty means

Any wilful conduct which is of such a nature as

is likely to drive the woman to commit suicide or
to cause grave injury or danger to life, limb or
health 9(whether mental or physical) of the
woman; or
Harassment of the woman where such
harassment is with a view to coercing or any
person related to her to meet any lawful demand
 498 A

For any property or valuable security is on

account of failure by her or any person related to
her to meet such demand
 Child Sex Ratio

Major cities 1991 2001

Delhi 904 850
Mumbai 898 942
Pune 943 906
Amritsar 861 783
Patiala 871 770
Ambala 784 888
Ahmedabad 896 814
Vadodara 934 873
Rajkot 914 844
Jaipur 925 897
All India 945 927
 Crime in India 2007

Crime head 2001

Rape 19348
Kidnapping and Abduction 23991
Dowry death 7618
Cruelty 63128
Molestation 36617
Sexual harassment 9746
Importation of Girls 114
 Domestic Violence in India

International Centre for Research on Women (ICRW)

Conducted study in 9938 households in 7 cities on Domestic
Violence
50 percent of the respondents reported experiencing either
physical or psychological violence
50 percent of those experienced physical violence said that they
faced it even during pregnancy.
 Protection of women from DV Act, 2005

A comprehensive definition of DV
Civil Law
Approach any institution – Police, Judiciary
( Court, Protection officer (WCD), NGO/Civil
society
Case to be resolved in 60 days
Protection orders, right to residency