28
With Home and Legal Departments 20th June, 2008 Ahmedabad Management Association (AMA), Ahmedabad Organized by Gender Resource Centre Block No 1, Polytechnic Campus, Ambavadi, Ahmedabad- 380015 Tel No: (079) 26301043, 65128397 Email: [email protected] Website: www.grcgujarat.org

Taking Forward Nari Gaurav Niti

Embed Size (px)

Citation preview

Page 1: Taking Forward Nari Gaurav Niti

With Home and Legal Departments

20th June, 2008

Ahmedabad Management Association (AMA), Ahmedabad

Organized by

Gender Resource Centre

Block No 1, Polytechnic Campus,

Ambavadi, Ahmedabad- 380015

Tel No: (079) 26301043, 65128397

Email: [email protected]

Website: www.grcgujarat.org

Page 2: Taking Forward Nari Gaurav Niti

1

BACKGROUND AND OBJECTIVES OF WORKSHOP

Background

The State of Gujarat has enacted the State policy for gender equity – the Nari Gaurav Niti

in 2006. Department of Women and Child Development (DWCD) is the nodal department

for coordinating the efforts made by all departments under the same.

GRC has been providing technical support to the Department of Women and Child

Development as well as other concerned departments, for the implementation of the Nari

Gaurav Niti. Various initiatives have been taken in this regard. In the course of discussing

the action points proposed under Nari Gaurav Niti with various departments, it became

evident that those who have the responsibility to implement the policy within the

department need more support about the possible actions. Requests have been made by

them to organize department wise workshop/meeting in order to have in-depth

discussions on action areas of the concerned department.

To facilitate the process of implementation by the departments, GRC has been in the

process of organizing a series of meetings; wherein the experts and senior government

officers would finalize the roadmap to effective implementation of the Nari Gaurav Niti.

GRC has already organized two such workshops earlier; one with Health and Family

Welfare Department on action area of Health and Nutrition

and another with Department of Women and Child

Development.

This was the third workshop organized to have a dialogue

between the Home and Legal Department and various

NGOs working with women. The workshop began with a

warm welcome to all participants by Ms. Urmilaben D.

Patel, Director, GRC.

Page 3: Taking Forward Nari Gaurav Niti

2

The proceedings begun with a presentation by Ms. Jigyasa, Gender Data, Documentation

and Media Officer, GRC on the background of the Nari Gaurav Niti (sometimes also

referred to as GEP). She briefed the participants on the formulation process, other

important aspects of the policy, various stakeholders, implementation mechanisms and

the achievable from the policy. The major highlights of the presentation were:

Objectives of Nari Gaurav Niti

� Women need power, capacities and capabilities to change their own lives, improve

their own communities and influence their own destiny.

� To ensure that these objectives are met the state government felt the need to have a

gender equity policy.

Goals of Nari Gaurav Niti

Creating an enabling environment for enjoyment of all human rights and fundamental

freedom by women on equal basis with men in all spheres-personal, political, economic,

social, cultural and civil. This includes right to life, right to health care and quality life,

right to quality education, right to employment, equal remuneration, social security and

right to decision making.

a) Shared responsibility for children and the home.

b) Mainstreaming gender perspective in the development processes, policies, programs.

c) Strengthening participation of civil society, in particular women’s groups, networks and

organisations.

d) Eradicate all forms of violence against women and girl child.

e) Strengthening legal systems to eliminate all forms of discrimination against women.

f) Eliminate, step by step, prejudices as well as customary and other practices that are

gender discriminatory by active participation of and involvement of both men and

women.

Page 4: Taking Forward Nari Gaurav Niti

3

Institutional Mechanisms

• A policy review committee has been formed to access the progress of policy

implementation and provide guidance with Hon’ble Chief Minister of Gujarat as

Chairperson and Minister of WCD and Secretaries of all related departments as

Members.

• Concerned departments to implement and submit reports every three months to

responsible department and every six months to nodal department (DWCD).

• DWCD would be the nodal department.

• Gender Resource Centre (GRC) to provide technical support.

Operational Strategies

The State Government shall:

• Address cross cutting issues that are common to all the departments.

• Promote inter sectoral partnerships and coalitions between various departments,

state institutes, professional bodies, national and international agencies, and

voluntary organizations so as to mainstream gender concerns into all

programs/schemes, capacity building and awareness generation.

• Adopt decentralized and innovative approaches from a gender perspective for

changing the mindsets of the people and the system.

• Promote a gender analysis of proposed or existing programs/schemes and ensure

that gender issues are considered at all stages of the program cycle.

• Support various departments and stakeholders in their effort to implement

commitments made by the National Policy for Empowerment of Women 2001 and

state Gender Equity Policy

Page 5: Taking Forward Nari Gaurav Niti

4

Individual Departments shall:

• Prepare a detailed plan for mainstreaming gender issues in their

programs/schemes

• Coordinate with DWCD and convergence wherever necessary

• Ensure equal representation of both women and men in all departmental policy

making committees and decision-making management boards as envisaged in the

policy

• Maintain beneficiary database for all programs contributing towards women’s

development

Proposed Action Points for Home Department

• Intensive gender sensitization of stakeholders.

• More accountable mechanisms for investigating unnatural deaths of women.

• Devise a system of monitoring of charge sheets under sections 302,304-b, 306 and

498-A.

• Prohibit influencing of complainant by police. • Study socio-economic changes in society in context of violence and unnatural

deaths.

• Study time frame & number of adjournments for cases under sec 498 of IPC and

make recommendations.

• Provision of pre-registration counseling & free Legal Aid Clinics to women.

• Sec 498A: Mandatory counseling provision for complainants & for granting bail.

• New formats for Post Mortum examination and injuries in rape cases as per NHRC

recommendations.

• Streamlining recording of victim’s statements in rape cases.

• All-Women Police Stations (AWPS) at district HQ.

• Awareness on issues of sexual crimes, behavior of criminals, consequences of

female foeticide, sex determination tests and declining sex ratio.

• Link between job selection criteria and sensitivity to gender issues.

• Device system to provide legal assistance to Women prisoners in custody.

• Provision of Committee against Sexual harassment in all work places

Page 6: Taking Forward Nari Gaurav Niti

5

Monitoring Indicators for Home Department

• Gender based violence cases including un-natural deaths.

• Amendments of acts and rules.

• Coverage of gender trainings- department functionaries.

• Proportion of women in Advisory boards, Empowered bodies

• Advocacy efforts made by state.

Objectives of Workshop:

The workshop with Home and Legal Departments aimed at

• Deliberation on issues related to violence against women with specific reference to

o Status of Crime against women and,

o Institutional Mechanisms to address the same

• Sharing of progress made under Nari Gaurav Niti

• Coming up with recommendations for Home and Legal Departments for taking

forward the Nari Gaurav Niti

Page 7: Taking Forward Nari Gaurav Niti

6

Technical Session 1

Chair: Ms. Meera Ramnivas, Dy IGP, Women’s Wing, Gujarat;

Presenter: Ms. Dharmistha Chauhan, Research and Policy Analyst Officer, GRC

A presentation was made by Ms. Dharmistha Chauhan, Research and Policy Analyst

Officer, GRC on the Status of Crime against Women in Gujarat. The major inferences

emerging from the presentation were;

Sexual Violence:

� Cases of Rape are increasing compared to

Molestation or Eve Teasing. This indicates highly

towards the need for taking stricter measures to

prevent rape.

� Data on Sexual Harassment at Workplace are not

available. It shows that there is a

o Need to have a separate monitoring mechanism to ensure implementation

of Supreme Court Guidelines in the State

o Need to focus on issue of girl child labourers.

� 29% of the Rape victims are minors

o Rehabilitation needs to be monitored more

� Baroda and Rajkot amount for almost 50% of the rape cases.

o We need to take one of these to establish a model based on what has been

suggested in the Nari Gaurav Niti

� Data on conviction rate needs to be available at regular basis

Domestic Violence:

� 28% of married women in Gujarat are facing physical violence as per NFHS-III.

There is also an increase in number of cases of 498A registered but awareness on

PWDVA 2005 is a major concern. Women need to be told about the option to go

avail of relief under PWDVA, before going for 498A. There is the need to create

more awareness on this among Police Officials and at Police Stations.

Page 8: Taking Forward Nari Gaurav Niti

7

� The year 2004 had high number of Dowry Deaths, and Cases under 498A

registered, but the same year had a low number of unnatural deaths (lowest

suicides in last 8 years). This hints to a direct correlation between the two.

� Junagadh again accounts for maximum cases

o More than double the number of suicides than in any other range

� Societal Justification of Domestic Violence is very High

o State needs to play a more pro-active role

Implementation of Special Acts:

� PC-PNDT

o 146 USGs have been sealed

o Legal actions has been taken against 79 institutions/ doctors

o 16 Cases are pending in Hon’ble High Court

o Thousands of missing girls

� Most other Acts are currently implemented through SDOs (Social Defence

Department). But there are hardly one or two cases registered every year. This

needs special focus and monitoring mechanisms.

� Accountability mechanisms need to be put in place (apart from social, these are

also issues of law and order in the State)

� Proper orientation of Police on their role and that of others is essential.

Taking Forward the Nari Gaurav Niti :

� Suggestions in the Policy need immediate attention and action

� The state may take up a model project in one range with GRC and one NGO to

facilitate the process

� Stricter monitoring of action taken and results is required

� A regular forum meeting quarterly to discuss the data/ progress for timely action

at least at state level is needed

� Need for collaborative action of various departments: DWCD, Social Defence,

Home, Industries, Health (Common monitoring system linked with SCW)

Page 9: Taking Forward Nari Gaurav Niti

8

The next presentation was made by Ms. Meera Ramnivas, Dy IGP, Women’s Wing,

Gujarat on the Mechanisms to deal with crime against women and Monitoring of the

same. The major inferences emerging from the presentation were;

� The need for the Nari Gaurav Niti has emerged from the various Constitutional

and International Mandates to Gender equity which we have retified. Reducing

crime against women is one of the major goals of all these.

� There is a research which says that crime is increasing; Every 3 minutes there is

a crime committed against women; Every 29 minutes there is an incident of

Rape. As concerns crime against women the cases of domestic violence are

maximum, followed by sexual violence and lastly economic violence.

� 498A was brought in to deal with Domestic violence. However, it was not

enough, hence the Protection of Women from Domestic Violence Act has been

enacted.

� Since last 5 years, Immoral Trafficking is also emerging as a major concern.

Earlier there was SITA which targeted only prostitution; hence a new ITP Act

was brought in which targets all types of forced migration for physical, sexual

or economic exploitation. It includes bonded labourers.

� Currently Human trafficking and Domestic Violence are the main problems

and the Government is taking major steps to prevent them. This includes;

o Mandatory free registration for all citizens.

o All Women Police Stations: Currently in Gujarat there are six all women

police stations. Due to lack of staff it has not been possible to take this to

all districts and hence a woman cell is created in other districts.

o In all cases of suicides, there is a circular that a police officer of rank of

Dy. S.P. has to investigate the cases and file a charge sheet within 30

days.

o Pre-Counseling services are also provided for cases of Domestic

Violence. There is a Mahila Suraksha Shakha which calls both sides and

tries to get into a compromise or else go in for filing FIR under 498 A.

There is also a circular to involve NGOs, MSW students, legal experts or

teachers in the same. GoI has also made a provision for free counseling

centres at Mahila Police Station.

Page 10: Taking Forward Nari Gaurav Niti

9

o In the cases like rape and kidnapping immediate relief is to be provided

to the victim.

� However, what is more essential is creating awareness on these Acts. Like after

the Vishakha Judgement Sexual Harassment has been recognized as a crime

and according to Supreme Court Guidelines there has to be a Sexual

Harassment Prevention Committee in every office. However, mostly we only

get nil reports under this. When working women are not able to raise their

concerns how do we expect the same for children or victims of domestic

violence? There is also the need to create more awareness on PC-PNDT.

� The department was also planning to organize refresher courses and ToTs on

Human Trafficking and they would take up the issue of Domestic Violence also

under the same. The Home Department would also have workshops on

Immoral Trafficking and DVA at range level. But there is also the need to

sensitize the Police to deal with Women victims of Violence. She urged to the

Police Department to sympathize with women, provide counseling services,

regular follow up of cases, provide immediate help or relief, and also ensure

that her self esteem should not hurt.

� As for the monitoring mechanisms, every year there is a meeting at National

level wherein all State data is presented and the same is reviewed. There are

also District Women Security Committees but the same need to be rejenuvated.

There is a Women’s Wing which collects data on crime against women

regularly and also conducts researches. This wing is responsible for monitoring

of crime against women at State level. Besides there is also the State Human

Rights Commission. Monitoring is also to be done by the State Commission for

Women (SCW), but there is need to strengthen the commission.

She ended her discourse by appealing to the NGOs that no work with women could be

completed without their support and hence NGOs should come forward to support the

police as well as to create awareness among women. She also suggested that such

workshops should also be held at district or at least regional level.

Page 11: Taking Forward Nari Gaurav Niti

10

OPEN DISCUSSION:

� There was an issue about who does the pre-counseling for women who come

to complain of violence? The same is done by the Police themselves with

preferably a Women PSI. However, as per the Nari Gaurav Niti, there is

specific mention that no counseling should be done by police. There has to be

services availed of a psychiatrist for the same or link with Family Counseling

Centres. There is a study which says that 9% women who have been sent back

after counseling by Police have committed suicide.

� On the other side, there was also a view that counseling has to be done as it is

the requirement of the woman herself also. Police presence in the same is

essential, as without that the accused and his family will not come.

� There were complaints from the field that NGOs were not being allowed

during counseling even when cases came through them.

� Again while registration was supposed to be free of cost, the victims are

directed to lawyers who charge Rs. 250 for one complaint.

� Mahila Police Stations were not properly staffed. There were single women at

night with no vehicle facilities. In fact their security itself is a matter of concern.

� There was a suggestion that instead of District Collector being the chairperson

of the District Mahila Suraksha Samities it should be the Dy.SP and the

responsibility of convening their meetings should be with the Home

department rather than Social Defence Department.

� FIRs are not easily registered especially in Dangs, Gogamba, Devgadh Baria,

Maliya, Rajkot, Panchmahal.

� There are a lot of problems in registration cases of witchcraft allegations.

� In Rapar NGOs were not allowed inside the Police Station, or during

counseling and there are allegations that NGOs are breaking families.

� In Mehsana, FIRs are not registered easily even in rape cases.

� There was also a contention that why there was so much focus on counseling

and avoidance of court procedures in only cases wherein women are victims of

violence, when the same is no where in cases of murder or theft. And why the

counseling is always to women.

Page 12: Taking Forward Nari Gaurav Niti

11

� It was also added that the women’s wish needs to be considered here and since

now we have the PWDVAct 2005, the Police can provide more options to

women. There has to be a training of Police on the Act, Posters and IEC

material in Police Stations on the Act, so that the woman can take an informed

decision. We need to follow the Andhra Model. (A brief note on Andhra

Pradesh “Police Model” on PWDVA is attached herewith for reference).

� Ms. Meera also shared that the State had accepted the idea of having separate

information/counseling centres in the Police Stations for Women Victims of

Violence.

Page 13: Taking Forward Nari Gaurav Niti

12

Technical Session 2

Presenters: Ms. Amee Yagnik, Advocate, High Court of Gujarat;

Ms. Sofia Khan, Director, Safar;

Dr. Dilipbhai Mewada, Professor Law, Siddharth Law College.

The first presentation was made by Ms. Amee Yagnik, Advocate, High Court of Gujarat

on the Investigation processes in cases of crime against women- issues of concern and

changes required. The major inferences emerging from the presentation were;

� She emphasized on convergence among

five agencies, creating a partnership

among them to prevent the blame game,

which has become a very usual process.

These agencies include; Police

Department; Social Defense

Department; Health Department;

Judiciary and NGOs. All these five

agencies need to partner to get things in

place. A separate agency is required to

coordinate these five agencies.

� The other issue is that in India no social security provided for women, for them

to be able to avail of these provisions of the law. In most western countries

where such laws are prevalent, women are at least economically secure. A

social security net has to be created in India also. In case of women victims of

rape, or domestic violence (& death too) the agency needs to provide both

Rehabilitation and Compensation. Government should also have a mechanism

to provide employment to the victim of violence.

� Besides we need other basic infrastructure especially at the Police Stations. The

status is too poor at present, a person concerned should have a proper place to

sit and keep her / his documents. Police station infrastructure needs to be in

place and properly facilitated. Necessary stationary to police station is

required. To speed up the process all the police stations should be

Page 14: Taking Forward Nari Gaurav Niti

13

computerized. Police also needs to have a list of organizations providing

various services; Counselors, Service Providers (Shelter Homes), Medical

Facilities.

� We also need to have a basic manual which should be with all concerned, in

place of different rule books with each department and person concerned that

leads to discrepancy in understanding as well as interpretation while dealing

with clients. There should also be a new set of procedures/guidelines issued to

take up such cases. These may include;

o Police has to give a copy of FIR to the complainant.

o For conviction, Magistrates needs records like dying declaration are

necessary but they need to be provided with a Doctors Certificate

stating the level of consciousness of the woman. Without this often the

case is disqualified. For this training of Doctors is also essential.

o There should be a minimum of three signatures on Dying Declaration.

o Doctors should be required to submit the post mortem report in 3 days.

o One of the major processes to be carried out in investigation of cases

against women is getting more number of statements from different

people. Most convictions do not happen as statements of important

persons like close neighbours, friends are not recorded. There is the

need to emphasize on recording statements of important witnesses.

o Pre- Counselling services are also essential, but this can be provided

only by a qualified counselor or NGO. Police should not do pre-

counseling.

� Legal Dept. should establish a legal cell at internal level which bring all

feedback of FIR from all police stations that how many charge sheets came and

how many checked and what is the status of inquiry, for that a group of

prosecutors to be made who can focus on such issues and they need not to go

to court. The Home Department also needs to get regular feedback on FIRs,

Chargesheets and Investigation Processes.

� A campaign is required, for the protection of a victim. NGOs can take stand

and support this cause.

Page 15: Taking Forward Nari Gaurav Niti

14

� Training is required to be imparted to all stakeholders. It is very much

necessary that these agencies get trained by experts from other fields. If judges

get trained by senior judges and Police officials from their senior, it becomes

difficult to develop/get a theoretical perspective. Training of Magistrates and

lawyers appointed under Legal Aid Services is also extremely essential.

Government should try to create a group of women sensitive lawyers and

should make them aware of the Domestic Violence Act and Protection Officers.

She ended her presentation by emphasizing on the fact that we needed to work towards

creating a violence free society rather than getting more say 2000 or 5000 cases registered.

The next presentation was made by Ms. Sofia Khan, Director, Safar; on the Facilitating

women victims of violence- Legal provisions in place and Role of home department,

GSLSA and DWCD. The major inferences emerging from the presentation were;

� Interactive sessions and knowledge exchange

assemblies needs to be organized.

� Qualitative Monitoring and assessment of Multi

Purpose Women Welfare Centres to be done.

� Media research to be done.

� Legal guidelines should be issued by the state

government, which should be compiled in the

form of the book.

� A fund to be raised from the corporate sector for the IEC of govt. schemes &

laws for women on the back of the state transport buses.

� Instead of opening the mahila police stations, sensitized people to be put in the

common police stations.

� Crimes against women monitoring cell to be formed at state as well as district

level.

� Evaluation of services of welfare centres.

� India committed to Gender equity through its constitution as well as through

ratifications of various international treaties like CEDAW.

Page 16: Taking Forward Nari Gaurav Niti

15

� The two major landmarks in the history of women’s movement against

violence have been the 1980 Mathura Case and the adoption of PWDV Act in

2005. Both these have been eye openers and recognition by the State that

violence and particularly domestic violence against women does exist in India.

� Infact in India almost two-third women face domestic violence.

� She shared the crime clock of NCRB (see this box).

� Data says that one act of violence makes a woman lose 7 working days. Effects

productivity in economic sphere.

� A big setback for the social and legal institutional mechanisms

� Violence against women is a question of human rights and development. It is

an infringement of a woman’s human rights.

� The State’s adoption of Nari Garav Niti is thus a step ahead in this direction, an

acceptance of the fact that there exists a problem. This needs changes in

mindsets and behaviour. This is not an internal matter but a criminal offence.

There is the need to promote an institutional system of investigating agencies

and judiciary which can empathize with the woman victims and are sensitive

towards them.

The following actions may be taken for the same;

� Promoting an integrated approach addressing violence against women.

Crime Clock

� 1 Crime Committed Against Women Every 3 Minutes

� 1 Crime Committed Against SCs every 20 Minutes

� 1 Crime Committed Against STs every 95 Minutes

� 1 Crime Committed Against Children every 36 Minutes

� 1 Molestation cases every 15 Minutes

� 1 Sexual Harassment case every 53 Minutes

� 1 Cruelty By Husband and Relatives case every 9 Minutes

� 1 Rape case every 29 Minutes

� 1 Dowry Death case every 75 Minutes

� 1 C.H. not Amounting to Murder case every 2 hours

Page 17: Taking Forward Nari Gaurav Niti

16

� Having interactive sessions between Police, Bar Council, Judiciary and

Women’s groups.

� Knowledge exchange assemblies for Police, Judiciary, Medical Officers and

NGOs.

� A comprehensive standard training module for Police and Judiciary on the

issue.

� Analytical legal trainings for Organizational workers working on women’s

issues.

� Linkage with Corporate sector on the issue of awareness generation and

support for Hon’ble Supreme Court and Home departments.

� Instead of a separate women’s police station; there should be separate section

in regular police stations to deal with crime against women.

� Gender awareness should be a compulsory eligibility criterion for all

government recruitments and promotion.

� Creation of a cell for monitoring of crime against women which meets every

three months at district level and every six months at state level.

� Instead of district level, Protection Officers to be appointed on basis of

population along with proper facilities with immediate effect.

� Have a study of cases on unnatural deaths of women registered as suicide or

accident with social and psychological perspective, so that such cases are not

filed in as summary sheet but result in charge sheet.

� At all workplaces there should be sexual harassment committee formed whose

reports should be made public. Work towards making the Bill into an Act.

� Propose an Act or guidelines for Protection of Victims and Witnesses. Such a

step will provide assurance to the women that the State is committed to

providing justice to women.

� Instead of free legal aid it should be compulsory legal aid services, to reduce

the negative attitude attached with the quality of “free” services. This should

be accompanied by proper honorarium for such services.

� This scheme should be with involvement of Police and Law Colleges so that

people are well aware of the availability of such services right from the filing of

complaint and can avail of their guidance.

Page 18: Taking Forward Nari Gaurav Niti

17

� A comprehensive assessment of impact and utilization of the Free Legal Aid

Services at state level.

� More research on the execution process of S 125 of Cr. PC. Under this Section, it

has been left to the Magistrate to decide whether the maintenance would be

available since date of application or date of judgments. This dilemma should

be removed and all maintenance to be made payable from date of application.

To sum up, she shared the following;

� There needs to be a think tank at State level to deal with Violence against

Women with an integrated approach. This Forum should be responsible for

conducting studies, assessments, dissemination of information, maintaining a

database and preparing training modules.

� There should be more opportunities for dialogue between Government

Departments and NGOs.

� We have to be prepared with an open mind for critical analysis and

suggestions.

This was followed by a presentation by Dr. Dilipbhai Mewada; on Promoting Human

Rights Approach within Police Department – In context of Women Victims of Violence.

The major inferences emerging from the presentation were;

� He emphasized that Gender Based Violence is a

violation of Human Rights.

� Police & Home dept.s are very important part of

the administration. It is their duty to protect the

constitutional rights of the people.

� They are given special responsibility of welfare of

the people, protection of their life and property and

protection of weaker section of society. They have

responsibility especially for women and children.

� Yet there are complaints against them that they do not take complaints, there is late

registration of complaints, use of obscene language with women, asking for bribe,

weakness in investigation procedures etc. In addition to this rough and inhuman

Page 19: Taking Forward Nari Gaurav Niti

18

behaviour with different groups and least interest in their problems have also the

issues of concerns.

� Almost all the problems of women are socio legal; therefore a different approach is

required. In this reference a role of women police is can not be neglected.

� He further added that police friends need to understand that without protecting

women’s human rights, the principle of social justice can not be achieved.

� For this, it is necessary to provide complete and updated recent information to

police officers through trainings/ orientations on laws for the special sections of

the society as they are the direct implementers.

� A change should be brought in approach and behaviour in dealing with women

victims of violence. It should be made very clear that sensitivity towards women

victim is her right and it must be put in practice.

� Police has to find out the reasons of violence and register the offense, police should

not try to influence women to go for compromise

� They should find out the effective mechanism to expedite the process of

investigation

� There should be added criteria for measuring performance for promotion of

officials for sensitive handling of cases of violence against women.

Page 20: Taking Forward Nari Gaurav Niti

19

Conclusion and Way Ahead

Chair: Ms. Ilaben Pathak, Director, AWAG;

Panelist: Shri H. M. Dholakia, Joint Secretary, Legal Department;

Shri Mukeshbhai Raval, Law Officer; Home Department

Ms Ilaben Pathak:

She suggested the following:

� The responsible department for Violence

Action Points is Home department; instead

of that it should be both Home and Legal

department in Nari Gaurav Niti.

� She also suggested that rather than a

separate mahila police stations, it is better

to include the aspect of gender sensitization

during the selection process itself. She

suggested that not only police but exams

for appointment of text book writers, teachers and state legal authority

appointments should include this component. They should necessarily be

tested for their approach towards gender.

� Formation of sexual harassment committee in institutions can be taken up by

the home department and NGOs can play an active role in the process.

� There should be provision of free legal aid to women who are in jail.

� As per the policy, an officer as special Dy. SP should be appointed in a taluka,

where there are more than 100 cases of dowry deaths are being registered.

� There is a need to monitor the registration of charge sheets

� In any condition, no police officer should carry out counseling of the victim

� Looking at the data of accidental death - there is a need to review/study the

process of registration of death and what defines accidental death

� There should be a separate place allocated for provision of legal services to

women

Page 21: Taking Forward Nari Gaurav Niti

20

� There is an immediate need for gender sensitization of the officers of mahila

police stations/cells

� In professional curriculums there should be a chapter on gender equality

� Gender sensitization of lawyers working under GSLSA needs to be done on

regular basis

� In Refresher courses also Gender trainings needs to be included.

� There has to be gender training of all Doctors, Lawyers and Judiciary; as also a

legal training of social workers.

� Legal Department should get the Chief Justice to write to all Judges fixing a

time limit of 6 months for 498 -A cases.

� GRC needs to get a change in Nari Gaurav Niti, adding Legal Department also

as a responsible agency in all issues along with home department.

� Before granting bail to the husband under 498A, he should be referred to

psychiatrist for counseling. This issue should be taken up by home department

with health department.

� NHRC guidelines for medical investigation of rape cases need to be followed

and the Legal/Home Departments should issue a circular for the same.

Training of doctors on the same should be organized in coordination with

health department. It should also include providing proper medical certificate

to injured labour women.

� Video or Audio recording of Rape Victim’s first narration of the incident

should be arranged. This should be considered as the Statement as the same

intensity and emotions can’t be had in subsequent narrations.

� There has to be a rehabilitation fund for rape victims. Currently they are given

a bond, but the need is often for immediate support.

� Women Police in Mahila Police Stations also need to be sensitized on gender

issues and training for the same should be organized.

� Female Foeticide is an increasing crime in Gujarat and stricter actions should

be taken for that.

� There should be a written examination on Gender understanding in all

recruitments.

Page 22: Taking Forward Nari Gaurav Niti

21

� While the Centre is trying, Gujarat should bring in its own Prevention of

Sexual harassment at Workplace.

� There should also be an FIR Act and proper complaint registration and

monitoring mechanism in place.

Joint Secretary (Legal)

� Mentioned that the above suggestions are good, but it is also important that the

same are provided in writing to the department to take action.

Legal Expert (Home)

� Said that it was a fruitful discussion and lot of learning’s for the department,

but he had a suggestion that there should be more dissemination of

information on NGOs working for women, so that they can be contacted in

case of distress.

� People should be made aware about the NGO of their area.

A lot of ideas had emerged from the workshop, both in context with the Nari Gaurav Niti

as well as with the overall issue of violence against women. Some of the major

recommendations which need to be taken forward in a definite time frame include;

� There needs to be immediate action taken on key actions highlighted under the

Policy.

Page 23: Taking Forward Nari Gaurav Niti

22

� Setting up of a separate body/cell of all partners to guide and monitor the

process.

� There needs to be more focus on training and capacity building of the

departments of Police, Judiciary and Lawyers (including legal aid centres)

� Support services provided to women needs to be strengthened.

� There needs to be more focus on awareness generation among women and for

that the State needs to play a pro-active role in the same.

Director, GRC, then thanked all the participants and Resource persons. The workshop

ended with vote of thanks.

Page 24: Taking Forward Nari Gaurav Niti

23

List of Participants: Sr. No Name Designation Place Contact No.

1 Shri V. H. Kalasava PSI Mahila Police Station, Karanj, Bhadra, A'bad

25507967

2 Shri K. H. Acharya PSI Mahila Police Station, Karanj, Bhadra, A'bad

25507967

3 Shri M. L. Ninama Dy. S. P. S. P. Office, G'nagar 9978406063 4 Shri K. J. Rohit Dy. S. P. S. P. Office, G'nagar 9327095942 5 Shri J. T. Chudasama PI S. P. Office, G'nagar 9327095942 6 Shri A. D. Chaudhari PI S. P. Office, G'nagar 9327095942 7 Shri A. R. Modiya PSI S. P. Office, G'nagar 9925887766 8 Shri A. R. Parmar PSI S. P. Office, G'nagar 9925887766

9 Shri C. N. Chaudhari I/c. PI Mahila Police Station, Gandhinagar

9824134175

10 Shri N.L. Desai PI S. P. Office, G'nagar 9925139014

11 Ms. Rashmika A. Patel CRP Mahila Samakhya, Vadodara

9809448339

12 Ms. Itchhaben Kanjibhai Parmar

Member Nari Adalat, Mahila Samakhya, Vadodara

9809448339

13 Ms. Asha Dalal President Jagrut Mahila Sangathan, Anand

9825571805

14 Ms. Pravina Mahida Social Worker Jagrut Mahila Sangathan, Anand

02692 243218 / 266045

15 Mr. Dhiraj Dervalia Sanchalak Savaraj, Vinchhiya, Rajkot

9426986283

16 Ms. Deval D. Dave Kendra Sanchalak

Gujarat Stree Kelvani Mandal

26576405

17 Ms. Sangita G. Dave Sanchalak K. K. Memorial Trust 9825921533 18 Ms. Sumitra Thakkar Director ANANDI, Rajkot 9427563717

19 Ms. Dolar Kapasi Secretary Shri Bhagini Mitra Mandal, Palitana

9426455920

20 Ms. Neha M. Joshi Social Worker Jyoti Sangh, Bhimjipura, Ahmedabad.

27643760

21 Ms. Advaita Maratha PO Gender Oxfam, Ahmedabad

22 Ms. A. G. Dave Deputy Director Social Defence Dept., Sachivalaya, G'nagar

23 Mr. V. B. Nayak Social Defence Officer

Surendranagar 02752 285552

24 Mr. H. B. Jadhav Welfare Officer Gujarat State Social Welfare Board, Ahmedabad

26620364

Page 25: Taking Forward Nari Gaurav Niti

24

25 Ms. Sonal P. Rawal Dowry Prohibition Officer

Ahmedabad 25461313

26 Ms. Pallavika Dave Social worker Gujarat State Crime Prevention Trust

27558744

27 Ms. Rosina Admin & Account SAFAR 9824447739

28 Ms. Reezvana Qureshi helpline coordinator

AMWA', Ahmedabad 26827468 / 9428078061

29 Mr. Dinesh Project Associate B.S.C., A'bad 26304928

30 Dr. Chandrika Rawal Reader Sociology, Gujarat University

[email protected]

31 Ms. Nupur Sinha E. D. Centre for Social Justice

[email protected]

32 Mr. Gaurang Jani Lecturer Sociology, Gujarat University

33 Ms. Poonam Kathuria E. S. SWATI, A'bad. 9825084601

34 Ms. Sushila PO Action Aid 9427267466 Email Id: [email protected]

35 Shri R. H. Sibdin CO Sarthi

36 Shri Mukesh Rawal Law Officer Home Department, Gandhinagar

232 50540

37 Shri R. P. Patel Section Officer Home Department, Gandhinagar

232 50576

38 Ms. Sonal D. Mevada Part time lecturer Siddharth Law College, G'nagar

39 Ms. Shikha Lakhanpal Program Officer CSJ 40 Ms. Yaguta Contractor Program Officer CSJ

41 Ms. Shailaja V. Pillai Advocate & Prog. Officer

HRLN 27475815 Email Id: [email protected]

Dignitaries & Resource Person

42 Dr. Meera Ramniwas Dy. IGP (Women's Wing)

Police Bhavan, Gandhinagar.

43 Shri H. M. Dholakiya Joint Secretary Legal Department, Sachivalaya, G'nagar 232 50907

44 Dr. Amee Yajnik Senior Advocate High Court of Gujarat 45 Shri Ila Pathak Secretary AWAG, A'bad 46 Ms. Sophia Khan Director SAFAR, A'bad 26820272

47 Dr. Dilip A. Mewada Professor Siddharth Law College, G'nagar

9824314725 / 232 24725

GRC TEAM

48 Smt. U. D. Patel Director Gender Resource Centre, A'bad 65128397

49 Ms. Jigna Surkar Program Officer Gender Resource Centre, A'bad

26301043

Page 26: Taking Forward Nari Gaurav Niti

25

50 Ms. Dharmistha Chauhan

Research & Policy Analyst

Gender Resource Centre, A'bad

26301043

51 Ms. Jigyasa Joshi GDMO Gender Resource Centre, A'bad 26301043

52 Ms. Mita Patel GRO Gender Resource Centre, A'bad

26301043

53 Ms. Shailendrakumari Zala

GRO Gender Resource Centre, A'bad

26301043

54 Mr. Mahendra Makwana GRO

Gender Resource Centre, A'bad 26301043

Page 27: Taking Forward Nari Gaurav Niti

26

ABBREVIATIONS

AWAG - Ahmedabad Women’s Action Group

AWPS - All Women Police Stations

BSC - Behaviour Science Centre

CEDAW - Convention on the Elimination of All forms of Discrimination against

Women

Cr.PC - Criminal Procedure Code

CO - Community Organizer

CSJ - Centre for Social Justice

ED - Executive Director

ES - Executive Secretary

DWCD - Department of Women Child Development

Dy.IGP - Deputy Inspector General of Police

Dy. SP - Deputy Superintendent of Police

DVA - Domestic Violence Act

FIR - First Incident Report

GDMO - Gender Data Bank & Media Officer

GEP - Gender Equity Policy

GOI - Government Of India

GRC - Gender Resource Centre

GRO - Gender Resource Officer

GSLSA - Gujarat State Legal Service Authority

HQ - Head Quarter

HRLN - Human Right Law Network

IEC - Information Education & Communication

IGP - Inspector General of Police

ITPA - Immoral Trafficking Prevention Act

MSW - Master of Social Work

NCRB - National Crime Bureau

NFHS - National Family Health Survey

NHRC - National Human Rights Commission

Page 28: Taking Forward Nari Gaurav Niti

27

NGO - Non Government Organization

PC – PNDT - Pre - Conception and Pre - Natal Diagnostics Techniques

PI - Police Inspector

PO - Programme Officer

PSI - Police Sub Inspector

PWDVA - Protection of Women from Domestic Violence Act

SC - Seduled Caste

ST - Seduled Tribe

SCW - State Commision for Women

SDOs - Social Defense Officers

SITA - Suppression of Immoral Trafficking Act

TOT - Training of Trainers

USG - Ultra Sonography

WCD - Women and Child Development