LEGAL LITERACY TRAINING PROGRAMME FOR COMMUNITY WOMEN

“Legal literacy is empowerment of individuals concerning issues that involve the

law which helps in the promotion of legal consciousness, participation in the formation

of laws & policies and rule of law”.

The principle of gender equality is enshrined in the Indian Constitution in its

Preamble, Fundamental Rights, Fundamental Duties and Directive Principles. The

Constitution not only grants equality to women, but also empowers the State to

adopt measures of positive discrimination in favour of women. Within the framework

of a democratic polity, our laws, development policies, Plans and programmes have

aimed to women’s advancement in different spheres.

Men and women share the common human nature and so the rights and laws

are commonly applicable for them. But there are some special situations which

differentiate women from men and the same situations make women more vulnerable to

adverse circumstances. These special concerns put women in disadvantaged positions

and women are discriminated against men in all walks of life. Though women today

enjoy a lot of opportunities and independence compared to women of yester years,

they need to be constantly reminded of their rights and privileges. They are to be

enabled for a better understanding of the various legal provisions available for them, to

be sensitive to their challenges and to act on it.

In this regard, under the guidance of Dr. Minnie Mathew, Director, the Women’s

Studies Centre of Avinashilingam Institute for Home Science and Higher Education for

Women, Coimbatore organized a series of “Legal Literacy Training Programme for

Community Women” from October 2013 to November 2014. The first programme was

organized in Vadevelampalayam of Alanthurai Block, Coimbatore District from October

2013 to December 2013 and the Second programme was organized in

Nathekoundanpudur of Alanthurai Block, Coimbatore District in the month of November

2014. The Women’s Studies Centre team namely Ms. U.Gowri, Assistant Professor,

Ms. T.Padma Priya and Dr. G.Sheefna, Research Associates and Ms. N.Selvanayaki,

Research Assistant organized the Legal Literacy Training Programmes. Legal experts,

Women Activists and practicing Advocates from District Legal Service Authority,

Coimbatore, were called to take up the sessions on special rights of women, various

supportive and empowerment legislations available for women. They had discussions

on the issues affecting women in their day to day life and the legal mechanisms

available to settle those issues. They had detailed pondering on cases and deep

interactions with the community women to impart knowledge on legal issues and

remedies. Debates and various competitions were also held for the women to have a

better understanding of legal matters.

Outline of the course content on Legal Literacy:

1. Introduction:

The concept of law, Fundamental Rights, Constitutional Remedies (Writs),

Electoral Law, Voting Rights for Women, participation in Panchayats and special

rights of women.

2. Women and Family Law:

Marriage Law, Separation, Divorce, Maintenance, Adoption, Family Laws, Right

to Property and Succession, Guardianship, unmarried mother and Legitimacy of

her children.

3. Criminal Law and Women:

Offences of Dowry, Rape, Molestation, Child Rape and Child Abuse, etc

4. Rights under different laws:

Rights at work place, Equal Remuneration, Minimum Wages, Rights under

Factories Act, Maternity Benefit Act, Equal Remuneration Act, Mines and

Plantation Act, Rules of work, Sexual Harassment at Workplace.

5. Reproductive Health Rights:

Foeticide, Infanticide, Preconception and Prenatal Diagnostic Techniques

(Prohibition of Sex selection) Act 1994, The Medical Termination of Pregnancy

Act.

6. Social Security Legislations:

ESI, PF, Gratuity, Social security for unorganized sectors.

7. Women in Custody:

Arrest, grounds of arrest, kinds of offences (bailable and non-bailable), arrest

warrant, powers of police, rights of arrested persons including the right to bail,

the immediate procedure to be adopted in case of violation of rights available,

etc.

8. Local Issues:

Discussion on the specific local issues like Child Marriages, Child Labour,

Prostitution, Dowry system, Unemployment, Sexual Harassment, Education of

Girl child, etc.

9. Settlement Mechanisms:

Free legal aid to the poor, settlement mechanisms i.e. Lok Adalats, Family

Courts, Mahila Court, Crime Against Women Cells, NCW, NHRC, State

Commissions, etc.

Legal Literacy Training Programme 1:

As the trainees for this programme were the village women, it was felt that they

need to have some broad information about legal provisions and processes. Legal

literacy is the elementary knowledge of law and not an expert knowledge of an

advocate. It is about creating awareness about our political set up and helping them in

seeking legal remedies against exploitation and injustice. It was thought that these

kinds of trainings will make women aware of several laws which have been enacted for

the welfare, protection and security of them. On the other hand absence of legal

literacy may lead to the perpetuity of exploitation and victimization in many fields.

Before the start of the training programme, a base line survey was conducted to

understand the background of these women. It was observed that many of them are

from agricultural background; they work in their own piece of agricultural land or work as

landless agricultural labours. Most of them are seasonal workers. They live in nuclear

families (It can be noted here that rural India is slowly loosing the strength of joint family

system). Caste and community plays a dominant role in daily lives. They send their

children to the nearby government schools for education. In the concerned villages and

the nearby villages where we conducted the legal training programmes, social evils like

child marriage, female infanticide and female foeticide were not reported in the recent

past. However, the issues of dowry, alcoholism among the male members of the family

and domestic violence are still very common among them. With the understanding of

this socio-economic background, the legal literacy training programme was envisaged in

those villages.

Session I:

On the first day of the

training, around 50 women were

gathered in the community hall of

the Vadivelampalayam Village.

Earlier, all the village women in

the age group of 20 to 60 were

informed about the programme,

the venue and the timings. In the

first session,

Mrs. Vennila, President, Women

Advocates Association, Coimbatore interacted with the community. She highlighted five

important social issues concerning women namely Dowry, Medical Termination of

Pregnancy, Female Infanticide and Foeticide, Domestic Violence and Marriage

Registration. She took up these issues one by one and explained the nature of these

problems, the legislations available to prohibit and the punishments given to people who

are involved in it.

Dowry Prohibition Act (1961):

The Act defines dowry as “any property or valuable security given or agreed to be given

either directly or indirectly by one party to a marriage to the other party to the marriage

(or by the parents of one party or any other person to the other party or any other

person), basically in the form of cash, property or valuable security as a precondition to

the marriage”. Therefore if any person gives or takes or abets the giving or taking of

dowry, he shall be punishable with imprisonment for a term of not less than five years,

and with the fine not less than fifteen thousand rupees or the amount of the value of

such dowry, whichever is more. If any person demands directly or indirectly, from the

parents or other relatives or guardian of a bride or bridegroom, any dowry, he shall be

punishable with imprisonment for a term of not less than six months to two years and

with fine up to ten thousand rupees.

To stop the offences of cruelty by husband or his relatives on wife, Section 498-A

has been added in the Indian Penal Code, and Section 198-A has been added in the

Criminal Procedure Code since the year 1983. In the case of suicide by a married

woman, within 7 years from the date of her marriage, the Court may presume that such

suicide has been abetted, encouraged by her husband or his relatives.

Sec.304-B is incorporated in the Indian Penal Code in 1983. It deals with Dowry

Death. It states that where the death of a woman is caused by any burns or bodily

injury or occurs otherwise than under normal circumstances within seven years of her

marriage and it is shown that soon before her death she was subjected to cruelty or

harassment by her husband or any relative of her husband for, or in connection with,

any demand for dowry, such death shall be called “dowry death” and such husband or

relative shall be deemed to have caused her death. Whoever commits dowry death

shall be punished with imprisonment for a term not less than seven years but which may

extend to imprisonment for life.

Medical Termination of Pregnancy Act (1971):

This Act legalizes abortions under certain specific conditions. It states that pregnancy

may be terminated Where the length of the pregnancy does not exceed 12 weeks

under the medical supervision of at least one registered medical practitioner or where

the length of the pregnancy exceeds 12 weeks but does not exceed 20 weeks under the

medical supervision of at least two registered medical practitioners if they are of the

opinion that :

1. The continuance of the pregnancy would involve a risk to the life of the pregnant

women; or

2. A risk of grave injury to the her physical or mental health ;or

3. If the pregnancy is caused by rape; or

4. There exist a substantial risk that, if the child were born it would suffer from some

physical or mental abnormalities so as to be seriously handicapped; or

5. Failure of any device or method used by the married couple for the purpose of

limiting the number of children; or

6. Risk to the health of the pregnant woman by the reason of her actual or

reasonably foreseeable environment.

The Act does not permit termination of pregnancy after 20 weeks.

Female Infanticide and Feticide:

Unfortunate decline in the male-female sex ratio has brought in stringent

measures. Severe action is being taken against all the erring radiologists/ sonologists/

gynecologists under The Pre Conception and Pre Natal Diagnostic Tests (Regulation

and Prevention of Misuse) Act which was amended in 2003 intends to prohibit prenatal

diagnostic techniques for determination of the sex of the fetus leading to female feticide.

That is to say the preliminary object was to put a check on female feticide.

Importance of Registration of Births and Marriages:

Registration of Births:

With regard to registration of births and marriages, the Advocate insisted on the

importance of birth registration which is a permanent and official record of a child’s

existence. The child whose birth is not registered is always in danger of being denied of

her right to an official identity, a recognized name and a nationality. In India, an

estimated 26 million children are born every year of which about 10 million go

unregistered.

“The child shall be registered immediately after birth and shall have the right from

birth to a name, the right to acquire a nationality and as far as possible, the right

to know and be cared for by his or her parents.” (Article 7 of the 1989 U.N. Convention

on the Rights of the Child (CRC))

Unregistered children are generally the children of the poor and the excluded. An

unregistered child will be a more attractive target for a child trafficker and does not have

even the minimal protection that a birth certificate provides against early marriage, child

labour, or detention and persecution as an adult. In later life, the unregistered child may

be unable to apply for a passport or formal job, open a bank account, and get a driving

license or a marriage certificate.

Registration of Marriages:

The Advocate also reiterated the importance of registration of marriages by

stating that the Supreme Court of India suggests that the marriages must be registered

under either the Hindu Marriage Act 1955 or the Special Marriage Act 1954. The

unregistered weddings are not considered as illegitimate, but the Indians need to

compulsorily register their marriages.

Marriage registration brings in a number of benefits, which include:

Easy legal proceedings in case of succession of property to the spouse.

After dissolution of first marriage, a person is able to enter the matrimonial

alliance for the second time.

For the transfer of property or the custody of kids in case of legal separation, the

court requires a certificate of marriage to be produced in the family court.

In case one of the spouses is working abroad and wants to take along his/her

partner then he/she will require the marriage certificate to obtain the work permit

from the country’s consulate. The foreign embassies do not issue the work permit

in the absence of a valid marriage certificate in these cases.

Session II:

In session II Advocate

Mr. Rangasamy and Advocate

Mr. Sathish Kumar addressed the

women on the following issues:

Compulsory education

Child abuse

Property inheritance

Right to Information

Advocate Mr. Rangasamy insisted on compulsory education to all children.

Children in the age group of 6-14 years have the right to free and compulsory education

under the Right to Education Act, 2010. Education is a fundamental right now and

every child in India is entitled for it.

Child Abuse:

According to UNICEF violence against children can be "physical and mental

abuse and injury, neglect or negligent treatment, exploitation and sexual abuse.

Violence may take place in homes, schools, orphanages, residential care facilities, on

the streets, in the workplace, in prisons and in places of detention." Such violence can

affect the normal development of a child impairing their mental, physical and social

being. In extreme cases abuse of a child can result in death.

“Child abuse has many forms: physical, emotional, sexual, neglect, and

exploitation. Any of these that are potentially or actually harmful to a child's health,

survival, dignity and development are abuse”. (W.H.O.). Therefore the parents and the

children are to be informed enough and they need to be aware of the method of

reporting various child abuses like Rape, Outraging the modesty of woman, Unnatural

offences or attempt to commit offences, etc under the sections of Indian Penal

Code(IPC).

Property Inheritance:

As the elderly population of India is growing day by day due to increased life

expectancy rates, the needs and challenges of the elderly are also increasing. Elderly

people have physical, emotional, psychological, social and financial challenges.

Advocate Mr. Rangasamy spoke about the problems of the elderly and the importance

of retaining their property with them till their end without sharing it with their children.

Because in reality, both in rural and urban areas the elderly people are compelled to

transfer their properties in the name of their children and later they are neglected of their

maintenance. He insisted that elders should hold or retain the properties in their names

and share only a part of their property to their children, so that the problem of

maintenance will not arise.

Women and Property Rights:

In India, women’s access and rights of ownership over family property (both

moveable and immoveable), in the absence of a will, is governed by succession laws

based on religion. Under Hindu law prior to 1937, a woman did not have the right to own

any property at all, except what she received from her parents at the time of her

wedding. The Hindu Succession Act, 1956 was a breakthrough in terms of giving Hindu

women a full and equal share of their husbands’ property as the children; yet, the male

bias persisted. An amendment to this Act in 2005 took the progressive step of making

daughters coparceners at par with sons, such that they receive an equal birthright to a

share in the parents’ property.

Session III:

Right to Information:

The third session was handled by Advocate Mr. Sathish Kumar. He explained

about “Right to Information Act (RTE), 2005 which provides the right to information for

citizens to secure access to information under the control of public authorities. The act

aims at empowering the citizens, promoting transparency and accountability in the

working of the Government, contain corruption, and make our democracy work for the

people in real sense. It goes without saying that an informed citizen is better equipped

to keep necessary vigil on the instruments of governance and make the government

more accountable to the governed.

Legal Literacy Training Programme 2:

The Legal Literacy Training Programme 2

was organized by the Women’s Studies

Centre on November 11th and 12th 2014

at Nathekoundanpudur of Alanthurai

Block, Coimbatore District. Mrs. Vennila, Advocate explained about the legal issues

involved in Domestic Violence Act, 2005 and the usage of Paternity test.

Domestic Violence Act:

This is an Act to provide for more effective protection of the rights of women

guaranteed under the Constitution who are victims of violence of any kind occurring

within the family and for matters connected therewith or incidental thereto. This Act may

be called the Protection of Women from Domestic Violence Act, 2005.

For the purposes of this Act, any act, omission or commission or conduct of the

respondent shall constitute domestic violence in case it - (a) harms or injures or

endangers the health, safety, life, limb or well-being, whether mental or physical, of the

aggrieved person or tends to do so and includes causing physical abuse, sexual abuse,

verbal and emotional abuse and economic abuse; or (b) harasses, harms, injures or

endangers the aggrieved person with a view to coerce her or any other person related

to her to meet any unlawful demand for any dowry or other property or valuable

security; or (c) has the effect of threatening the aggrieved person or any person related

to her by any conduct mentioned in clause (a) or clause (b); or (d) otherwise injures or

causes harm, whether physical or mental, to the aggrieved person.

Paternity Test:

Mrs. Vennila also talked about

Paternity test and such tests are done

in divorce cases where the paternity is

challenged by the husband, after the

wife seeks maintenance of the child.

Under section 125 of the CrPC, section

26 of the Hindu Marriage Act, Section

20 of Hindu Adoptions and

Maintenance Act, as well as under the provision of Domestic Violence Act, a minor child

is entitled to get maintenance from the father, with or without divorce.

“When the husband or father challenges the paternity of the child, alleging that

he is not his biological child, the wife has to prove that the husband is indeed the child's

father. Therefore, matters may be referred for a paternity test. Hence in many cases,

courts direct that a paternity test be conducted," she added. There are also other

circumstances when a paternity suit can be sought. A husband may have suspicions

about his wife committing adultery and he may have some indirect evidence to support

his view. In order to prove his point or suspicion, he would go for a paternity test, for

which he would not need the court's permission, said the Advocate. The tests are also

done in cases involving a lost-and-found child. Both parents have to prove to the police

that the child is theirs. They often resort to paternity tests to confirm this.

The legal literacy training programmes were very useful and highly informative to

the village / rural women. All the participants were deeply involved in these sessions

and were keen to clarify their doubts with regard to various legal issues pertaining to

them. It was also told to them that free legal aid is available and they can approach the

legal aid cell for any further clarifications and help.