Handbook on Protection of Women Against Domestic Violence

Assessment of questions on domestic

violence in the Parliament

The Protection of Women from Domestic

Violence Act, 2005

International legal and policy instruments

and jurisprudence

Role of Judiciary

PWDVA

• Summary of the Act

• Definitions, role of the protection officers

• What is working in the law and what is not working in the law

Role of Judiciary

• Landmark judgments of the Supreme Court and High Courts

• Judgments that strengthen and substantiate the Act

• Reliefs granted to women in such cases

International instruments

• CEDAW

• General recommendations by the Committee on the Elimination of Discrimination against Women

• General comments Human Rights Committee

• International Convention on Civil and Political Rights

continued..

International Treaties and Conventions:

In addition to the international human rights treaties, other international instruments create obligations for States parties to enact legislation addressing violence against women. – The Protocol to Prevent, Suppress and Punish Trafficking in Persons,

Especially Women and Children – United Nations Convention against Transnational Organized Crime (the

Palermo Protocol), – The Rome Statute – Declarations and resolutions adopted by United Nations bodies – Reports by the United Nations Special Rapporteur on violence against

women

In South Asia, the South Asian Association for Regional

Cooperation (SAARC) has adopted the Convention on Preventing and Combating the Trafficking in Women and Children for Prostitution.

International instruments

Analysis of Questions regarding PWDVA in Indian Parliament

United Nations Declaration

“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 deprivations of liberty, whether occurring in public or private life (United Nations, 1993)”

Violence against women includes:

Common types of Domestic Violence (worldwide)

Domestic Violence

Physical

Emotional

Sexual

Source:http://www.who.int/gender/violence/womenfirtseng.pdf

Heise et al, 1999

PWDVA

Domestic Violence Physical

Emotional

Sexual

Mental

Economical

This Act recognizes the following

Gender-Motivated Violence – you can be a Victim too!!

• Domestic Violence is not limited to a certain social or economic groups.

• There are no standard profiles for the abuser or the abused.

• “From the ivy league to a gun at my head” - Leslie Morgan Steiner, author of ‘Crazy Love’, a book based on a dark story of her relationship and surviving domestic violence. – Credentials: BA English, Harvard College

MBA, Wharton School of Business

Methodology

Duration – 1 month Focus – PWDVA Miscellaneous – researched attached

annexures

The Hunt –26th Oct, 2006 – 22nd

March, 2013

Relevant Department –

WCD

Parliamentary Angle – starred & unstarred

Analysis of questions on PWDVA raised till date in Parliament

Source: •http://164.100.47.132/LssNew/psearch/qsearch15.aspx •http://164.100.47.132/LssNew/psearch/qsearch14.aspx, •http://164.100.47.5/qsearch/qsearch.aspx

Questions by Parliamentarians

10%

90%

Starred Unstarred

14%

86%

Female Male

20%

80%

Starred Unstarred

26%

74%

Female Male

Lok Sabha Total questions – 30 3 starred & 27 unstarred

Total MPs – 43 Male – 37 Female – 6

Rajya Sabha Total questions – 35 7 starred & 28 unstarred

Total MPs – 27 Male – 20 Female – 7

Lok Sabha Rajya Sabha

Active Participants

Questions by MPs - LS

Active Participants

2 1

11

2 1

5 4

9

1 1 1

4

1 2

1

15

2 1

6 4

8

1 1 1

4

1

0

5

10

15

20

AIFB AITC BJP BJD BSP CPI CPI - M INC JVM (P) RSP RJD Shiv Sena SP

Members Questions

1

6

3

6 6

3 3

2

0

1

2

3

4

5

6

7

2006 2007 2008 2009 2010 2011 2012 2013

Number of Questions / Year

BJP has been the most active party, with one-third of total questions

The ruling party is the second most dominant party in raising questions related to PWDVA

Questions by MPs - RS

BJP, INC & CPI-M have been the most active

INC has maximum member participation

Active Participants

1

5

1

4

5

6

1 1 1

2

1

8

1

5

6

7

3

1 1

2

0

2

4

6

8

10

BJD BJP BSP CPI CPI - M INC IND SAD SP TDP

Members Questions

1

6

5

3

5

4

7

4

0

1

2

3

4

5

6

7

8

2006 2007 2008 2009 2010 2011 2012 2013

Number of Questions / Year

Educational Qualification of MPs

Most of the MPs asking the questions are well educated to bring the agenda to the table

In Lok Sabha, almost 80% - graduates and post graduates.

In Rajya Sabha, over 85% are graduates.

2

5

1

21

14

0

5

10

15

20

25

Intermediate SSC Pre University

Graduate Post Graduate

3

1

13

6

4

0

5

10

15

20

25

SSC Pre University

Graduate Post Graduate

Doctorate

Lok Sabha Rajya Sabha

BREAKING THE MYTH!

State

Number of Questions

Andhra Pradesh 4

Assam 1

Bihar 1

Goa 1

Jharkhand 3

Kerela 4

Maharashtra 3

Madhya Pradesh 1

Odisha 1

Punjab 1

Rajasthan 9

Tamil Nadu 3

Tripura 1

Uttar Pradesh 3

West Bengal 3

Questions by MPs state-wise - RS

Active States Inactive States

Happy Hour

effective measures for

implementation

budgetary allocation

came into effect

Timely disposal Amendments

/review

achievements

Questions often asked in both the houses

misuse of Act

Appointment of POs

increase/ decrease in number of cases

Protection Officers

Section 8 of the PWDVA,2005 states : “State government shall by notification appoint such number of Protection Officers in each district as it may consider necessary and shall also notify the area radius within which the PO shall exercise the power and perform the duties conferred on him by the Act.”

Duties

Inform the Aggrieved Person

of Her Legal Rights and Remedies

to Comply with the Orders of the

Court

Facilitate access to Support

Services and to take Protective

Measures

Protection Officer’s Duties

Receive Complaints

Facilitate an Aggrieved

Person’s Access to Court

Protection Officers

Requirement

• Rule 3 provides that POs may be recruited from either the government or from members of non-governmental organisations (NGOs).

• Tenure : 3 years

Qualification

• POs can be either qualified or experienced in social work, law, social sciences, psychology, counselling, etc.

Preference

• preference shall be given to women to be appointed as POs.

• It obligates the State Government to provide the necessary office assistance to POs for the efficient discharge of their duties

Independent

Additional

5 states – Bihar, Haryana, Kerala, Tamil Nadu, West Bengal 1 UT - Delhi

22 states J&K – Act NA 6 UTs

Child labour

Child marriage Restriction Act

Persons with Disability Act

Dowry Prohibition Act

All social welfare schemes to SC / ST

Persons with Disabilities

Widows

Senior Citizens

Additional POs overburdened with -

Every Crime has a Cost

Absence

of

clear guidelines

No

separate

budget

Areas

neglected

Unsatisfactory

Allocation

few Ministries/Departments have clear guidelines for earmarking funds for women

States like Bihar and Rajasthan have no separate budget for PWDVA. They meet expenses through existing welfare schemes.

For providing funds, the union ministry of Women and Child Development has not set a minimum benchmark. States normally pick and choose what they decide to focus on

‘Gender Budgeting Statement’ 2011-12, only 11 out of 60 schemes had allocations exceeding Rs. 100 crore

Why budget allocation for DV cases?

Cost of Domestic Violence

Cost

Criminal Justice System

Healthcare

Social Service

Housing

Economic Output losses

• Domestic Violence cases involve Human and Emotional costs, borne by individual victims (Source: http://www.devon.gov.uk/cost_of_dv_report_sept04.pdf)

• Various countries have made attempts to fund domestic violence like Australia, Canada, Chile, the Netherlands, Nicaragua, Spain, Switzerland, the USA and the UK (Heise et al 1994; Laing & Bobic 2002)

Canada

Netherlands

Spain

United Kingdom

United States

Australia

Nicaragua

Chile

Switzerland

Conclusion

• Repeated questions – is it a sign of lack of research?

• Qualified parliamentarians no result oriented goals no concrete actions

• Contribution by women MPs – insignificant?

• Current total women MPs - LS: 61 / 545

RS: 27 / 244

• Opposition BJP – most active; INC – close follower

• 54% states have been active with PWDVA questions.

Women Representation Lok Sabha Rajya Sabha

% women MPs 11% 11%

% questions PWDVA 14% 26%

Encourage Research

Focus on rural and urban trends of domestic violence. Updating of NCRB statistics to have a smooth understanding of current trend.

Understanding Culture

The nature and culture of the women of the affected area has to be studied. Routine inquiry of the victim, match case design, treatment for both physical and mental health.

Prevention

Prevention is better than cure Greater focus on root cause of the issue rather than tackling complications of aftermath.

Adopt Strategic Crime Prevention

Methods

Situational Crime Prevention Method: within the ‘academic’ and ‘political discourses’ on crime control (Clarke, 1997) Police programmes: visible police controls in high crime areas (Linden, 2007)

Recommendations

THE END

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