Unit III Women Issues and Challenges

3.1 Female Infanticide

The phenomenon of female infanticide is as old as many cultures, and has likely
accounted for millions of gender-selective deaths throughout history. It remains a critical
concern in a number of "Third World" countries today, notably the two most populous
countries on earth, China and India. In all cases, specifically female infanticide reflects the
low status accorded to women in most parts of the world; it is arguably the most brutal and
destructive manifestation of the anti-female bias that pervades "patriarchal" societies. It is
closely linked to the phenomena of sex-selective abortion, which targets female fetuses
almost exclusively, and neglect of girl children.

3.1.1 Background
"Female infanticide is the intentional killing of baby girls due to the preference for
male babies and from the low value associated with the birth of females." It should be seen as
a subset of the broader phenomenon of infanticide, which has also targeted the physically or
mentally handicapped, and infant males (alongside infant females or, occasionally, on a
gender-selective basis). As with maternal mortality, some would dispute the assigning of
infanticide or female infanticide to the category of "genocide" or, as here, "gendercide."
Nonetheless, the argument advanced in the maternal mortality case-study holds true in this
case as well: governments and other actors can be just as guilty of mass killing by neglect or
tacit encouragement, as by direct murder. R.J. Rummel buttresses this view, referring to
infanticide as another type of government killing whose victims may total millions . In many
cultures, government permitted, if not encouraged, the killing of handicapped or female
infants or otherwise unwanted children. In the Greece of 200 B.C., for example, the murder
of female infants was so common that among 6,000 families living in Delphi no more than 1
percent had two daughters. Among 79 families, nearly as many had one child or two. Among
all there were only 28 daughters to 118 sons. But classical Greece was not unusual. In eightyfour societies spanning the Renaissance to our time, "defective" children have been killed in
one-third of them. In India, for example, because of Hindu beliefs and the rigid caste system,
young girls were murdered as a matter of course. When demographic statistics were first
collected in the nineteenth century, it was discovered that in "some villages, no girl babies
were found at all; in a total of thirty others, there were 343 boys to 54 girls and in Bombay,
the number of girls alive in 1834 was 603."
Rummel adds: "Instances of infanticide ... are usually singular events; they do not
happen en masse. But the accumulation of such officially sanctioned or demanded murders
comprises, in effect, serial massacre. Since such practices were so pervasive in some cultures,
I suspect that the death toll from infanticide must exceed that from mass sacrifice and perhaps
even outright mass murder."

3.1.2 India Scenario

As John-Thor Dahlburg points out, "in rural India, the centuries-old practice of female
infanticide can still be considered a wise course of action." According to census statistics,
"From 972 females for every 1,000 males in 1901, the gender imbalance has tilted to 929
females per 1,000 males. ... In the nearly 300 poor hamlets of the Usilampatti area of Tamil
Nadu [state], as many as 196 girls died under suspicious circumstances [in 1993]. Some were

fed dry, unhulled rice that punctured their windpipes, or were made to swallow poisonous
powdered fertilizer. Others were smothered with a wet towel, strangled or allowed to starve to
death." Dahlburg profiles one disturbing case from Tamil Nadu:
Lakshmi already had one daughter, so when she gave birth to a second girl, she killed
her. For the three days of her second child's short life, Lakshmi admits, she refused to nurse
her. To silence the infant's famished cries, the impoverished village woman squeezed the
milky sap from an oleander shrub, mixed it with castor oil, and forced the poisonous potion
down the newborn's throat. The baby bled from the nose, then died soon afterward. Female
neighbors buried her in a small hole near Lakshmi's square thatched hut of sunbaked mud.
They sympathized with Lakshmi, and in the same circumstances, some would probably have
done what she did. For despite the risk of execution by hanging and about 16 months of a
much-ballyhooed government scheme to assist families with daughters, in some hamlets of
Tamil Nadu, murdering girls is still sometimes believed to be a wiser course than raising
them. "A daughter is always liabilities. How can I bring up a second?" Lakshmi, 28,
answered firmly when asked by a visitor how she could have taken her own child's life eight
years ago. "Instead of her suffering the way I do, I thought it was better to get rid of her." (All
quotes from Dahlburg, "Where killing baby girls 'is no big sin'.")
A study of Tamil Nadu by the Community Service Guild of Madras similarly found
that "female infanticide is rampant" in the state, though only among Hindu (rather than
Moslem or Christian) families. "Of the 1,250 families covered by the study, 740 had only one
girl child and 249 agreed directly that they had done away with the unwanted girl child. More
than 213 of the families had more than one male child whereas half the respondents had only
one daughter."
The bias against females in India is related to the fact that "Sons are called upon to
provide the income; they are the ones who do most of the work in the fields. In this way sons
are looked to as a type of insurance. With this perspective, it becomes clearer that the high
value given to males decreases the value given to females." The problem is also intimately
tied to the institution of dowry, in which the family of a prospective bride must pay enormous
sums of money to the family in which the woman will live after marriage. Though formally
outlawed, the institution is still pervasive. "The combination of dowry and wedding expenses
usually add up to more than a million rupees ([US] $35,000). In India the average civil
servant earns about 100,000 rupees ($3,500) a year. Given these figures combined with the
low status of women, it seems not so illogical that the poorer Indian families would want only
male children."Women whose families are deemed to have paid insufficient dowry have
become increasingly common, and receive separate case-study treatment.
India is also the heartland of sex-selective abortion. Amniocentesis was introduced in
1974 "to ascertain birth defects in a sample population," but "was quickly appropriated by
medical entrepreneurs. A spate of sex-selective abortions followed." Karlekar points out that
"those women who undergo sex determination tests and abort on knowing that the foetus is
female are actively taking a decision against equality and the right to life for girls. In many
cases, of course, the women are not independent agents but merely victims of a dominant
family ideology based on preference for male children."
Dahlburg notes that "In Jaipur, capital of the western state of Rajasthan, prenatal sex
determination tests result in an estimated 3,500 abortions of female fetuses annually,"
according to a medical-college study. Most strikingly, according to UNICEF, "A report from

Bombay in 1984 on abortions after prenatal sex determination stated that 7,999 out of 8,000
of the aborted fetuses were females. Sex determination has become a lucrative business."
Deficits in nutrition and health-care also overwhelmingly target female children.
Karlekar cites research indicating a definite bias in feeding boys milk and milk products and
eggs . In Rajasthan and Uttar Pradesh [states], it is usual for girls and women to eat less than
men and boys and to have their meal after the men and boys had finished eating. Greater
mobility outside the home provides boys with the opportunity to eat sweets and fruit from
saved-up pocket money or from money given to buy articles for food consumption. In case of
illness, it is usually boys who have preference in health care. More is spent on clothing for
boys than for girls, which also affects morbidity.
Sunita Kishor reports "another disturbing finding," namely "that, despite the increased
ability to command essential food and medical resources associated with development,
female children [in India] do not improve their survival chances relative to male children with
gains in development. Relatively high levels of agricultural development decrease the life
chances of females while leaving males' life chances unaffected; urbanization increases the
life chances of males more than females. ... Clearly, gender-based discrimination in the
allocation of resources persists and even increases, even when availability of resources is not
a constraint."
Indian state governments have sometimes taken measures to diminish the slaughter of
infant girls and abortions of female fetuses. "The leaders of Tamil Nadu are holding out a
tempting carrot to couples in the state with one or two daughters and no sons: if one parent
undergoes sterilization, the government will give the family [U.S.] \\$160 in aid per child.

3.1.3 Situation in China

"A tradition of infanticide and abandonment, especially of females, existed in China
before the foundation of the People's Republic in 1949,. According to Ansley J. Coale and
Judith Banister, "A missionary (and naturalist) observer in [China in] the late nineteenth
century interviewed 40 women over age 50 who reported having borne 183 sons and 175
daughters, of whom 126 sons but only 53 daughters survived to age 10; by their account, the
women had destroyed 78 of their daughters."
According to Zeng et al., "The practice was largely forsaken in the 1950s, 1960s, and
1970s." (Zeng et al., "Causes and Implications," p. 294.) Coale and Banister likewise
acknowledge a "decline of excess female mortality after the establishment of the People's
Republic assisted by the action of a strong government, which tried to modify this custom as
well as other traditional practices that it viewed as harmful." (Coale and Banister, "Five
Decades," p. 472.) But the number of "missing" women showed a sharp upward trend in the
1980s, linked by almost all scholars to the "one-child policy" introduced by the Chinese
government in 1979 to control spiralling population growth. Couples are penalized by wagecuts and reduced access to social services when children are born "outside the plan."
Johansson and Nygren found that while "sex ratios [were] generally within or fairly near the
expected range of 105 to 106 boys per 100 girls for live births within the plan ... they are, in
contrast, clearly far above normal for children born outside the plan, even as high as 115 to
118 for 1984-87. That the phenomenon of missing girls in China in the 1980s is related to the
government's population policy is thus conclusively shown."

The Chinese government appeared to recognize the linkage by allowing families in

rural areas (where anti-female bias is stronger) a second child if the first was a girl.
Nonetheless, in September 1997, the World Health Organization's Regional Committee for
the Western Pacific issued a report claiming that "more than 50 million women were
estimated to be 'missing' in China because of the institutionalized killing and neglect of girls
due to Beijing's population control program that limits parents to one child.
According to Peter Stockland, "Years of population engineering, including virtual
extermination of 'surplus' baby girls, has created a nightmarish imbalance in China's male and
female populations." In 1999, Jonathan Manthorpe reported a study by the Chinese Academy
of Social Sciences, claiming that "the imbalance between the sexes is now so distorted that
there are 111 million men in China -- more than three times the population of Canada -- who
will not be able to find a wife." As a result, the kidnapping and slave-trading of women has
increased: "Since 1990, say official Chinese figures, 64,000 women -- 8,000 a year on
average -- have been rescued by authorities from forced 'marriages'. The thirst for women is
so acute that the slave trader gangs are even reaching outside China to find merchandise.
There are regular reports of women being abducted in such places as northern Vietnam to
feed the demand in China."
Since the first allegations of widespread female infanticide in China connected to the
government's "one-child" policy, controversy has raged over the number of deaths that can be
ascribed to infanticide as opposed to other causes argued in 1993 that "underreporting of
female births, an increase in prenatal sex identification by ultrasound and other diagnostic
methods for the illegal purpose of gender-specific birth control, and [only] very low-level
incidence of female infanticide are the causes of the increase in the reported sex ratio at birth
in China." They add: "Underreporting of female births accounts for about 43 percent to 75
percent of the difference between the reported sex ratio at birth during the second half of the
1980s and the normal value of the true sex ratio at birth". The authors contended that "sexdifferential underreporting of births and induced abortion after prenatal sex determination
together explain almost all of the increase in the reported sex ratio at birth during the late
1980s," and thus "the omission of victims of female infanticide cannot be a significant
factor." Moreover, "Both the social and administrative structure and the close bond among
neighbours in China make it difficult to conceal a serious crime such as infanticide," while
additionally "Infanticide is not a cost-effective method of sex selection. The psychological
and moral costs are so high that people are unlikely to take such a step except under extreme
circumstances". They stress, however, that "even small numbers of cases of female
infanticide, abandonment, and neglect are a serious violation of the fundamental human rights
of women and children"
In a similar vein, in April 2000, The New York Times reported that "many 'illegal'
children are born in secret, their births never officially registered." And "as more women
move around the country to work, it is increasingly hard to monitor pregnancies
Unannounced spot checks by the State Statistics Bureau have discovered undercounts of up
to 40 percent in some villages, Chinese demographers say."
Johansson and Nygren attracted considerable notice with a somewhat different claim:
"that adoptions (which often go unreported) account for a large proportion of the missing
girls. If adopted children are added to the live births the sex ratio at birth becomes much
closer to normal for most years in the 1980s. Adding the adopted children to live births
reduces the number of missing girls by about half." "That female infanticide does occur on

some scale is evidenced by reports in the Chinese press, but the available statistical evidence
does not help us to determine whether it takes place on a large or a small scale."
Even if millions of Chinese infant girls are unregistered rather than directly murdered,
however, the pattern of discrimination is one that will severely reduce their opportunities in
life. "If parents do hide the birth of a baby girl, she will go unregistered and therefore will not
have any legal existence. The child may have difficulty receiving medical attention, going to
school, and [accessing] other state services."
The phenomenon of neglect of girl children is also dramatically evident in China.
According to the World Health Organization, "In many cases, mothers are more likely to
bring their male children to health centers -- particularly to private physicians -- and they may
be treated at an earlier stage of disease than girls."
The Chinese government has taken some energetic steps to combat the practice of
female infanticide and sex-selective abortion of female fetuses. It "has employed the
Marriage Law and Women's Protection Law which both prohibit female infanticide. The
Women's Protection Law also prohibits discrimination against 'women who give birth to
female babies.' The Maternal Health Care Law of 1994 'strictly prohibits' the use of
technology to identify the gender of a fetus." However, "although the government has
outlawed the use of ultrasound machines, physicians continue to use them to determine the
gender of fetuses, especially in rural areas."

3.1.4 How many die?

Gendercide Watch is aware of no overall statistics on the numbers of girls who die
annually from infanticide. Calculations are further clouded by the unreliability and ambiguity
of much of the data. Nonetheless, a minimum estimate would place the casualties in the
hundreds of thousands, especially when one takes into consideration that the phenomenon is
most prevalent in the world's two most populous countries. Sex-selective abortions likely
account for an even higher number of "missing" girls.

3.1.4 Who is responsible?

As already noted, female infanticide reflects the low status accorded to women in
many societies around the world. The "burden" of taking a woman into the family accounts
for the high dowry rates in India which, in turn, have led to an epidemic female infanticide.
Typical also is China, where culture dictates that when a girl marries she leaves her family
and becomes part of her husband's family. For this reason Chinese peasants have for many
centuries wanted a son to ensure there is someone to look after them in their old age -- having
a boy child is the best pension a Chinese peasant can get. Baby girls are even called "maggots
in the rice"
Infanticide is a crime overwhelmingly committed by women, both in the Third and
First Worlds. In India, according to John-Thor Dahlburg, "many births take place in isolated
villages, with only female friends and the midwife present. If a child dies, the women can
always blame natural causes." In the United States, "every year hundreds of women commit
neonaticide [the killing of newborns]. Prosecutors sometimes don't prosecute; juries rarely
convict; those found guilty almost never go to jail. Barbara Kirwin, a forensic psychologist,
reports that in nearly 300 cases of women charged with neonaticide in the United States and

Britain, no woman spent more than a night in jail." Much of "the leniency shown to
neonaticidal mothers" reflects the fact that they are standardly "young, poor, unmarried and
socially isolated," although it is notable that similar leniency is rarely extended to young,
poor, and socially isolated male murderers.
A number of strategies have been proposed and implemented to try to address the
problem of female infanticide, along with the related phenomena of sex-selective abortion
and abandonment and neglect of girl children. Zeng et al.'s prescriptions for Chinese
policymakers can easily be generalized to other countries where female infanticide is rife:
The principle of equality between men and women should be more widely promoted through
the news media to change the attitude of son preference and improve the awareness of the
general public on this issue; the principle should also be reflected in specific social and
economic policies to protect the basic rights of women and children, especially female
children. ... Government regulations prohibiting the use of prenatal sex identification
techniques for nonmedical purposes should be strictly enforced, and violators should be
punished accordingly. The laws that punish people who commit infanticide, abandonment,
and neglect of female children, and the laws and regulations on the protection of women and
children should be strictly enforced. The campaigns to protect women and children from
being kidnapped or sold into servitude should be effectively strengthened. Family planning
programs should focus on effective public education, good counselling and service delivery,
and the fully voluntary participation of the community and individuals to increase
contraceptive prevalence, reduce unplanned pregnancies, and minimize the need for an
induced abortion.

3.2 Female Feticide

The female sex ratio in rural Madurai is falling again calling for an urgent need to
monitor scan centres in the region, according to an NGO, Campaign against Sex Selective
Abortion (CASSA).
According to M Jeeva, core team member of CASSA statistics of almost all the rural
pockets in Madurai show that the female sex ratio at birth is fast declining at an alarming
level. It is considered to be good if there are 952 females for every 1,000 male infants born
during a specific period, but there was a vast decline in these figures obtained for the year
2010 and 2011 in the district. For 2010, the sex ratio at birth in Kallandiri was just 897 and it
further declined to 839 in 2011. In Usilampatti, which is notorious for female infanticide the
number stood at 919 in 2010 and 878 in 2011. Even statistics pertaining to the Madurai
corporation limits were not encouraging with 965 girls being born for every 1,000 males in
2010 and it further went down to 961 in 2011.
Eligible Jat boys from Haryana travel 3,000 km across the country to find themselves
a bride. With increasingly fewer girls in Haryana, they are seeking brides from as far away as
Kerala as the only way to change their single status. The girls have not vanished overnight.
Decades of sex determination tests and female foeticide that has acquired genocide
proportions are finally catching up with states in India.This is only the tip of the demographic
and social problems confronting India in the coming years. Skewed sex ratios have moved
beyond the states of Punjab, Haryana, Delhi, Gujarat and Himachal Pradesh. With news of
increasing number of female foetuses being aborted from Orissa to Bangalore there is ample
evidence to suggest that the next census will reveal a further fall in child sex ratios
throughout the country. The decline in child sex ratio in India is evident by comparing the

census figures. In 1991, the figure was 947 girls to 1000 boys. Ten years later it had fallen to
927 girls for 1000 boys. Since 1991, 80% of districts in India have recorded a declining sex
ratio with the state of Punjab being the worst. States like Maharashtra, Gujarat, Punjab,
Himachal Pradesh and Haryana have recorded a more than 50 point decline in the child sex
ratio in this period.
Current Sex ratio:
Current Sex Ratio of India 2013

940 females for every 1,000 males

Sex Ratio of India in 2012

940 females for every 1,000 males

Total Male Population in India 2012

628,800,000 (628.8 million)

Total Female Population in India 2012

591,400,000 (591.4 million)

Currently, there are about 51 births in India in 1 minute.

Despite these horrific numbers, foetal sex determination and sex selective abortion by
unethical medical professionals has today grown into a Rs. 1,000 crore industry (US$ 244
million). Social discrimination against women, already entrenched in Indian society, has been
spurred on by technological developments that today allow mobile sex selection clinics to
drive into almost any village or neighbourhood unchecked. The PCPNDT Act 1994
(Preconception and Prenatal Diagnostic Techniques Act) was modified in 2003 to target the
medical profession - the supply side of the practice of sex selection. However non
implementation of the Act has been the biggest failing of the campaign against sex selection .
According to the latest data available till May 2006, as many as 22 out of 35 states in India
had not reported a single case of violation of the act since it came into force. Delhi reported
the largest number of violations 76 out of which 69 were cases of non registration of birth!
Punjab had 67 cases and Gujarat 57 cases.
But the battle rages on.
In a recent landmark judgment the Mumbai High Court upheld an amendment to the
PCPNDT Act banning sex selection treatment. The Court pronounced that pre natal sex
determination would be as good as female foeticide. Pre-conception sex determination
violated a womans right to live and was against the Constitution, it said.
While the boys from Haryana may have found a temporary solution to the problem of
missing brides, experts warn that the demographic crisis will lead to increasing sexual
violence and abuse against women and female children, trafficking, increasing number of
child marriages, increasing maternal deaths due to abortions and early marriages and increase
in practices like polyandry.
There have been only two convictions -- a fine of 300 rupees ($7) and another fine of
4,000 rupees ($98) -- from over 400 cases lodged under the Pre-conception and Pre-natal
Diagnostic Techniques Act.
Bringing about changes in the demand for sex determination is a long process and has
to be tackled through womens education and empowerment including the right to property

and land rights. States in the North East and in Kerala where women have these rights show a
comparatively better sex ratio.
The battle against sex selection has proved to be long drawn out. But some signs are
visible that demonstrate that the fight can be won.
Lakhanpal, a small village in Punjab has turned the tide of male births for the first
time. In a state that has the lowest sex ratio in the country, the village boasts of 1,400 girls for
every 1000 boys.
Arvind Kumar, the collector of Hyderabad district has illustrated the power of the Act.
Hyderabad had the lowest child sex ratio (0-6 years) in Andhra Pradesh. After taking over in
2004 he tracked down all 389 diagnostic clinics in the city and took action. 361 ultrasound
scan centres were issued notices for non compliance with the PNDT Act.Licenses of 91
centres were cancelled. 83 machines were seized and 71 released after an undertaking and
fine. Three suppliers were prosecuted for supplying machines to clinics with no registration
licenses.

3.3 Violence against Women

Violence against Women is perhaps the most shameful human rights
violation. It knows no boundaries of geography, culture or wealth. As
long as it continues, we cannot claim to be making real progress towards
equality, development and peace.
Kofi Annan, United Nations General
Assembly, New York, 5-9 June, 2000.
Variously referred to as Sexual Violence,Gender Violence, or Violence against
Women, this age-old issue and reality has gained urgency only recently because of the
significant work of women advocates and survivors in naming the problem. It includes
domestic violence, rape, trafficking in women and girls, forced prostitution, and violence in
armed conflict, such as murder, systematic rape, sexual slavery and forced pregnancy. It also
includes honour killings, dowry-related violence, female infanticide and prenatal sex
selection in favour of male babies, female genital mutilation, and other harmful practices and
traditions.
These forms show that violence against women may be viewed as a continuum
occurring at various life cycle stages of a womans life. The UN Declaration on the
Elimination of Violence against Women (1993) defines violence against women as, 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 occurring in public and private life.
Violence against women in its various forms is a violation of human rights, the very
nature of which deprives women of their ability to enjoy fundamental freedoms. It is a serious
obstacle to equality between women and men and perpetuates inequality. Violence against
women intersects with multiple forms of discrimination. While violence against women is

universal, its manifestations and womens personal experiences of it are shaped by factors
such as economic status, race, class, religion, etc. Violence against women remains hidden in
the culture of silence.
Advancement in technology has also brought about new forms of violence against
women. Early detection of sex of the child has given rise to increasing instances of female
foeticide. Easy access to new forms of information and communication technologies has
given rise to new forms of harassment and violence such as cyber or phone stalking and
increase in demand for pornography.
The causes and factors of violence against women include entrenched unequal power
relations between men and women that foster violence and its acceptability, aggravated by
cultural and social norms, economic dependency, poverty and alcohol consumption
etc.Violence against women has consequences for womens health and well-being. Health
consequences include poor physical and reproductive health, poorer mental health and social
functioning. Violence has profound effects direct and indirect on a womans reproductive
health. This includes unwanted pregnancies and restricted access to family planning
information and contraceptives, unsafe abortion, sexually transmitted infections, including
HIV,and psychological problems. Victims suffer physical injuries and chronic health
conditions.
Besides, it carries a heavy human and economic cost, hinders development and can
also lead to displacement. Beyond its human and emotional costs, violence against women
has considerable economic and financial costs to survivors, families, communities, and
governments. It has a direct cost on the resources from social services, the justice system and
health-care agencies to treat and support victims and to bring perpetrators of violence to
justice. It costs individual women and their families, communities and nations at many levels,
by reducing the capacity of victims to contribute productivity to the family and the economy.
Ratification of the Convention on the Elimination of All Forms of Discrimination against
Women (CEDAW) means that India is bound to take all necessary measures to prevent and
combat violence against women and girls. Existing statutory and customary laws should be
reviewed in their entirety to resolve contradictions and fill loopholes. A strong and
comprehensive framework should include preventive and protective measures, support for
survivors and children, redress for victims and holding perpetrators to account, measures on
enforcement and monitoring mechanisms, and provisions for adequate and regular funding.
Even the best legislation cannot stand on its own. Effective implementation requires
educational and sensitisation work in the community, a functional judiciary and law
enforcement system, the adequate training of law enforcement officials, and heightened
awareness among the medical community of the special requirements tied to the treatment
and handling of survivors of violence.

There is need to break the silence and ensure that violence against women is not just a
womans issue but primarily a political, social, economic and cultural issue that concerns men
as well. While men represent the majority of perpetrators of violence against women, they
have an important role to play in preventing and combating violence against women. Because
of their role models as fathers, husbands, brothers, and sons, men and young boys should be
part of the solution and thus be involved in eliminating violence against women. If men felt
involved, they should help promote changes in attitudes among other men. It is not women or

men working alone to end gender-based violence that yields the best results. It is the
partnership between them that has the greatest impact and reach.
"Violence against women continues to persist as one of the most heinous,
systematic and prevalent human rights abuses in the world. It is a threat
to all women, and an obstacle to all our efforts for development, peace,
and gender equality in all societies. Violence against women is always a
violation of human rights; it is always a crime; and it is always
unacceptable. Let us take this issue with the deadly seriousness that it deserves."

3.4 Domestic Violence

Domestic Violence can be described as when one adult in a relationship misuses
power to control another. It is the establishment of control and fear in a relationship through
violence and other forms of abuse. The violence may involve physical abuse, sexual assault
and threats. Sometimes its more subtle, like making someone feel worthless, not letting them
have any money, or not allowing them to leave the home. Social isolation and emotional
abuse can have long-lasting effects as well as physical violence.
Domestic Violence isn't just hitting, or fighting, or an occasional argument. It's an
abuse of power. The abuser tortures and controls the victim by calculated threats,
intimidation, and physical violence. . Although both men and women can be abused, in most
cases, the victims are women. Children in homes where there is domestic violence are also
abused or neglected. Although the woman is usually the primary target, violence is sometimes
directed toward children, and sometimes toward family members and friends.
Many women in India are the victims of domestic abuse. Domestic violence is a
CRIME and you must seek help.
(Ref http://www.indianchild.com/domestic_violence_in_india.htm)

3.4.1 Forms of Domestic Violence

Domestic violence can take many forms and variations and can happen once in a
while or all at the same time. Domestic violence can be Psychological Abuse, Social Abuse,
Financial Abuse, Physical Assault or Sexual Assault are common form of violence against
women.

3.4.2 Common Forms of violence against Indian women:

Female feticide (selective abortion based on the fetus gender or sex selection of
child), Domestic violence, Dowry death or harassment, Mental and physical torture, Sexual
trafficking, and Public humiliation.

3.4.3. How children can get affected by domestic violence at home:

Effects of domestic violence on children
(i) Children can themselves get physically abused or hurt.
(ii) Witnessing violence actions can be mentally damaging
(iii) Children often try to intervene to protect the adult victim, which puts them in a
dangerous situation

(iv) Children can copy the violent behavior they witness, both as children and as adults
(v) They may develop stress-related problems in health
(vi) They can lose self- confidence, be afraid/angry, and blame themselves for what is
happening or feel guilty.

3.4.4 What specific provisions of law deal with domestic violence?

In 1983, domestic violence was recognised as a specific criminal offence by the
introduction of section 498-A into the Indian Penal Code. This section deals with cruelty by a
husband or his family towards a married woman. Four types of cruelty are dealt with by this
law:
Conduct that is likely to drive a woman to suicide.

Conduct which is likely to cause grave injury to the life, limb or health of the woman.
Harassment with the purpose of forcing the woman or her relatives to give some
property, or

Harassment because the woman or her relatives is unable to yield to demands for
more money or does not give some property.

The punishment is imprisonment for upto three years and a fine. The complaint against
cruelty need not be lodged by the person herself. Any relative may also make the complaint
on her behalf.

3.4.5 What are the forms of "cruelty" recognised by the Courts?

Persistent denial of food.

Constantly locking a woman out of the house.

Denying the woman access to children, thereby causing mental torture.

Physical violence.

Taunting, demoralising and putting down the woman with the intention of causing
mental torture.

Confining the woman at home and not allowing her normal social intercourse.

Abusing children in their mother's presence with the intention of causing her mental
torture.

Denying the paternity of the children with the intention of inflicing mental pain upon
the mother.

Threatening divorce unless dowry is given.

3.4.6. What is a "matrimonial home"? What rights do women have in their

matrimonial home?

The matrimonial home is the household a woman shares with her husband; whether it
is rented, officially provided, or owned by the husband or his relatives. A woman has the right
to remain in the matrimonial home along with her husband as long as she is married, though
there is no definite law regarding this right. If a woman is being pressurised to leave the
matrimonial home, she can ask the Court for an injunction or "restraining order" protecting
her from being thrown out. This can usually be obtained quite easily. It is generally advisable
not to leave the matrimonial home; it is easier to get a court order preventing a woman being
thrown out than to get an order enforcing her right to return to it once she has left or been
thrown out.

3.4.7. What is an 'Injunction' and how does it apply to domestic violence

cases?
An injunction is a court order directing a person to do or not to do something. A
woman has a lot of flexibility regarding what she can request the Court to order. For instance,
if she is being stalked by somebody (including her husband), she can obtain injunctions
against the person coming near her home or place of work, or even telephoning her.

3.4.8. What can be done in the case of dowry-related harassment or dowry

death?
Section 498-A of the Indian Penal Code covers dowry-related harassment. As with
other provisions of criminal law, a woman can use the threat of going to court to deter this
kind of harassment. The Indian Penal Code also addresses dowry deaths in section 304-B. If a
woman dies of "unnatural causes" within seven years of marriage and has been harassed for
dowry before her death, the Courts will assume that it is a case of dowry death. The husband
or in-laws will then have to prove that their harassment was not the cause of her death. A
dowry death is punishable by imprisonment of at least seven years. When filing an FIR (First
Hand Report), in a case where a woman is suspected to have been murdered after a history of
torture due to dowry demands, the complaint should be filed under section 304-B rather than
under section 306, which deals with abetment to suicide. Section 306 should be invoked
when a woman commits suicide because of dowry-related harassment.

3.5 Human Trafficking

Human trafficking is a global problem and one of the world's most shameful crimes,
affecting the lives of millions of people around the world and robbing them of their dignity.
Traffickers deceive women, men and children from all corners of the world and force them
into exploitative situations every day. While the best-known form of human trafficking is for
the purpose of sexual exploitation, hundreds of thousands of victims are trafficked for the
purposes of forced labour, domestic servitude, child begging or the removal of their organs.
Exploitation of human beings can be highly lucrative for organized criminal groups.
Although figures vary, an estimate from the International Labour Organization (ILO) in 2005
indicated that about 2.4 million people are victims of trafficking at any given time, and that
profits from trafficking are about $32 billion per year. [1] Recent research on overall forced

labour trends however would suggest that the scope of the problem is much bigger. [2]
Human trafficking is one of the most lucrative illicit businesses in Europe, with criminal
groups making about $3 billion from it per year, [3] making it a considerable criminal
business that preys on the world's most marginalized persons.
Human traffickers regard people as commodities; items that can be exploited and
traded for profit. In Europe, most convicted traffickers are male, though female offenders are
overrepresented when compared to other crimes, as some gangs consider women to be more
effective in entrapping victims by gaining their trust. [4]

3.5.1 Trafficking and sale of persons

The most common form of human trafficking detected by national authorities is
trafficking for the purpose of sexual exploitation. In 2006, this form accounted for an
estimated 79 per cent of all cases globally. The remaining 21 per cent of victims were thought
to be trafficked for the purpose of forced labour or other forms of exploitation. [10] It should,
however, be noted that these figures are not definitive and may be distorted, given the
prominence and visibility of some forms of exploitation over others. For instance, sex
workers who are victims of human trafficking may be easier to identify than trafficked
labourers on farms or in factories. Additionally, a misperception may exist that men are not
victims of human trafficking, which further distorts ratios. More recent data show an increase
in the detection of trafficking for forced labour and other forms of exploitation.

3.5.2 Gender and age of trafficking victims

Globally, one in five victims of human trafficking are children, although in poorer
regions and sub regions, such as Africa and Greater Mekong, they make up the majority of
trafficked persons. Children are exploited for the purposes of forced begging, child
pornography or sex. Children are sometimes favoured as labourers as their small hands are
deemed better for untangling fishing nets, sewing luxury goods or picking cocoa. Children
are also enslaved as child soldiers in war zones. Women make up two thirds of the world's
human trafficking victims. [11] The vast majority of these female victims are young women
who are lured with false promises of employment and then raped, drugged, imprisoned,
beaten or threatened with violence, have debt imposed on them, have their passport
confiscated and/or are blackmailed.
Men and boys may be victims of human trafficking for the purposes of forced labour,
forced begging and sexual exploitation, and as child soldiers. The percentage of identified
male victims is disproportionately lower than that of women for a number of reasons,
including the fact that for many years anti-human trafficking legislation around the world
tended to focus on trafficking in women and children or trafficking for the purpose of sexual
exploitation, of which most victims are women. There are many different types of human
trafficking mean that there is no single, typical victim profile. Cases are seen in all parts of
the world and victims are targeted irrespective of gender, age or background. Children, for
example, might be trafficked from Eastern to Western Europe for the purpose of begging or
as pickpockets; young girls, for example from Africa, may be deceived with promises of
modelling or au pair jobs only to find themselves trapped in a world of sexual and
pornographic exploitation; women from Asia may be tricked with promises of legitimate

work, which in reality lead to virtual imprisonment and abuse; and men and women alike, for
instance those trafficked from South to North America, may be made to work in gruelling
conditions on farms.

3.5.3. What can be done to prevent human trafficking and sale of persons?
Human trafficking is being tackled through a variety of national and international
means. In 2000, the United Nations Convention against Transnational Organized
Crime(UNODC) and the Protocol to Prevent, Suppress and Punish Trafficking in Persons,
(UNODC) Especially Women and Children, supplementing the United Nations Convention
against Transn\ational Organized Crime, were adopted by the General Assembly and entered
into force at the end of 2003. As the only international legal instrument addressing human
trafficking as a crime, the Protocol is the world's premier tool for preventing and combating
human trafficking, protecting and assisting victims and promoting cooperation among
countries in order to tackle the crime. As of June 2012, there are 150 States parties to the
Protocol but, despite a high level of political commitment, implementation of the Protocol by
States is still very uneven.
At the national level, countries continue to implement the Protocol and work towards
integrating anti-human trafficking legislation into their domestic laws. There are also annual
improvements in the number of countries with specific legislation, as well as those with
special anti-human trafficking police units and national action plans to deal with the issue.
However, despite increasing conviction rates for the crime of human trafficking, the number
of such convictions remains low. In an effort to tackle this, more effective implementation of
the Protocol at the national level and greater degrees of regional and international cooperation
are needed. Fighting human trafficking should not just be seen as the responsibility of the
authorities. Ordinary people can help tackle the crime by being aware of it and by making
sure that the plight of victims does not go unnoticed. There are many ways that you can help
tackle this crime and make a difference:
Be alert: if you see anything that you think might be related to trafficking, tell the
police or telephone your local anti-trafficking helpline, if one is available. These concerns
could relate to your workplace or to your private life - remember, victims are coerced into a
range of areas. If you are unsure, it is better to be mistaken than to let another victim continue
to be enslaved.
Be involved: find out what is being done in your community, see what you can do
and encourage your friends, family and neighbours to be more aware about human
trafficking. Many national authorities and non-governmental organizations are involved in
anti-trafficking work and there is a wealth of information available online through these
channels.
Be aware: you and your friends can join the UNODC-led Blue Heart Campaign
against human trafficking by visiting www.unodc.org/blueheart. This international initiative
works to raise awareness of the plight of victims and build political support to fight the
criminals behind trafficking. The Blue Heart campaign is also on Twitter
(http://twitter.com/BlueHeartHT) and Facebook (www.facebook.com/BlueHeartHT) - "like"
and follow us for updates and news on human trafficking and use these channels to share
information with your contacts.

Be supportive: you can support the United Nations Voluntary Trust Fund for Victims
of Human Trafficking ( www.unodc.org/humantraffickingfund) which does fundraising to
assist grass-roots organizations working with survivors of this crime. One way of raising
funds is to organize an event at your school or in your community. You could also adopt the
Blue Heart and help increase awareness about human trafficking.
Be responsible: make sure that your consumer choices and actions are ethical ones.
While some decisions might be clearer than others, you can pledge not to purchase goods and
services that could be linked directly or indirectly with sexual exploitation, forced labour or
other forms of forced subjugation.

3.6. Right to education

The Constitution (Eighty-sixth Amendment) Act, 2002 inserted Article 21-A in the
Constitution of India to provide free and compulsory education of all children in the age
group of six to fourteen years as a Fundamental Right in such a manner as the State may, by
law, determine. The Right of Children to Free and Compulsory Education (RTE) Act, 2009,
which represents the consequential legislation envisaged under Article 21-A, means that
every child has a right to full time elementary education of satisfactory and equitable quality
in a formal school which satisfies certain essential norms and standards.
Article 21-A and the RTE Act came into effect on 1 April 2010. The title of the RTE
Act incorporates the words free and compulsory. Free education means that no child, other
than a child who has been admitted by his or her parents to a school which is not supported
by the appropriate Government, shall be liable to pay any kind of fee or charges or expenses
which may prevent him or her from pursuing and completing elementary education.
Compulsory education casts an obligation on the appropriate Government and local
authorities to provide and ensure admission, attendance and completion of elementary
education by all children in the 6-14 age group. With this, India has moved forward to a
rights based framework that casts a legal obligation on the Central and State Governments to
implement this fundamental child right as enshrined in the Article 21A of the Constitution, in
accordance with the provisions of the RTE Act.
The RTE Act provides for the:
(i) Right of children to free and compulsory education till completion of elementary
education in a neighbourhood school.
(ii) It clarifies that compulsory education means obligation of the appropriate government to
provide free elementary education and ensure compulsory admission, attendance and
completion of elementary education to every child in the six to fourteen age group. Free
means that no child shall be liable to pay any kind of fee or charges or expenses which
may prevent him or her from pursuing and completing elementary education.
(iii) It makes provisions for a non-admitted child to be admitted to an age appropriate class.
(iv) It specifies the duties and responsibilities of appropriate Governments, local authority
and parents in providing free and compulsory education, and sharing of financial and
other responsibilities between the Central and State Governments.
(v) It lays down the norms and standards relating inter alia to Pupil Teacher Ratios (PTRs),
buildings and infrastructure, school-working days, teacher-working hours.
(vi) It provides for rational deployment of teachers by ensuring that the specified pupil
teacher ratio is maintained for each school, rather than just as an average for the State or

District or Block, thus ensuring that there is no urban-rural imbalance in teacher postings.
It also provides for prohibition of deployment of teachers for non-educational work,
other than decennial census, elections to local authority, state legislatures and
parliament, and disaster relief.
(vii) It provides for appointment of appropriately trained teachers, i.e. teachers with the
requisite entry and academic qualifications.
(viii) It prohibits (a) physical punishment and mental harassment; (b) screening procedures
for admission of children; (c) capitation fee; (d) private tuition by teachers and (e)
running of schools without recognition,
(ix) It provides for development of curriculum in consonance with the values enshrined in the
Constitution, and which would ensure the all-round development of the child, building on
the childs knowledge, potentiality and talent and making the child free of fear, trauma
and anxiety through a system of child friendly and child centred learning.

3.7 Marriage
The most commonly reported relationship problem by far is communication. This
may be one of the broadest and most difficult terms to define with regard to relationships. It
tends to have many different meanings to each of us. For the purposes of this explanation I
define it as "Mis-Understanding".
Literally, this means not understanding the other person's point of view. This is often
more a matter of refusing to allow the existence of the other's view as opposed to not
understanding it! It is an unwillingness to take the time to genuinely listen and care to
understand.
In many relationships the interest seems to lie primarily in getting one's own point of
view heard and understood rather than having an interest in hearing and understanding the
others. There is an irony here worth looking at . . . If people cared to listen to the other
person with as much interest as he or she wished the other would listen to them, both would
end up receiving exactly what they are looking for!
To truly know another, we must be willing to see the world through their eyes, not simply our
own. If we listened as well as we spoke, really connecting would take care of itself . . .
UNRESOLVED BAGGAGE FROM YOUTH
A frequent cause of mis-understanding in relationships is unresolved baggage from
youth. Now I know many of you are thinking, "How could events and experiences from years
ago have any impact on how and what I communicate to my family in the present?" Trust
me . . . it can and it does.
For example, if a person grew up in a loud, violent or abusive environment, that
person's response to conflict, arguing, or confrontation, would be significantly different than a
person whose home environment was skilled and healthy at conflict resolution. As a rule, in
relationships, "like attracts like". So it is common for folks who share poor conflict resolution
skills to find and attract someone who has similarly limited skills (often without any
awareness that this is what they've done). In these relationships there will be plenty of
communication . . . just not the type which leads to any useful resolution!

This is just one simple example of how old baggage can follow us in ways we may
not be conscious of. There are many more including your preconceived ideas and experiences
regarding sexuality, the proper way to raise children, how you relate to and handle money,
and self-esteem issues.
Sometimes when we're in bed with our partner, it can be really crowded with invisible and
unwanted visitors.
UNFULFILLED EXPECTATIONS
One of the saddest set-ups in relationships is entering into them with all kinds of
expectations and then over the years, feeling disappointed again and again that they have not
been met. Part of this issue relates to the childhood baggage I mentioned before. We often
have preconceived expectations of what marriage and relationships are supposed to be like.
This can be derived from many different sources, not the least of which is the
marriage and relationship of our parents. That's the one we lived and breathed 24 hours a day,
7 days a week. That kind of exposure gets absorbed, some on a conscious level, some on an
unconscious one. The biggest problem with expectations in general is that we may know what
our expectations are, but it unlikely that our partner does! Even more insidious and frustrating
is when we have these expectations and even we can't name them, yet we expect our partner
to fulfill them. There is one additional problem . . . contrary to popular opinion, it is not the
other person's responsibility to fulfill you expectations. It is your job to learn to fill yourself
up and then offer all you can to the relationship.
The majority of couples I've worked with have entered into their relationships with
their focus on what the other person had to offer . . . not on what they were bringing to the
party. Again, we are often quite unaware that this is our mindset.
We must be willing to look closely and honestly at ourselves to see if these are truths about
us. Not everyone is willing to do this. To truly understand what you are seeing in another, you
must first hold up a mirror and understand what you are seeing there.
RESENTMENTS
Resentments are the number one killer of all relationships. They are a slow poison,
undermining the love, trust and mutual respect you may have once had with each other. It is
critical in the treatment of relationships to uncover these often unknown or unspoken
resentments. Each person is then responsible for discovering the part they played in the
creation of these resentments along with what they can do to improve themselves. The focus
is not on how the other person needs to change, but rather on what you can do to change
yourself to bring something better to the party. No blaming, just self-responsibility. It's
always a dance of two, never just of one.
Resentments crop up quickly as communication dwindles, expectations are not met
and old hurts (many of them from the early years) begin to get "triggered" by relationship
issues in the present. This is an incredibly common, yet generally unknown source of pain in
marriages. Triggers are current experiences that bear a resemblance to ways in which you've
been hurt, abandoned or treated stemming from the past. They are often not consciously

connected to what's happening in your present relationship, but when they are shown to you,
they are clear to be seen.
An example would be when your partner takes a tone with you that is reminiscent of
an important adult from your childhood, who was responsible for creating pain for you.
Sometimes we have to think long and hard in order to make these connections. A red flag that
this is what's occurring is that you are perceived to be overreacting to whatever is happening
in the present . . . sound familiar?
Resentments often build as a direct result of a person's inability to communicate their
needs and/or take responsibility for them in the first place. Resentments lead directly to loss
of respect for the other person. Loss of respect leads to sexual problems, more bad feelings,
blame and distancing. Isn't it fascinating how all these issues just blend together in one
massive, connected swirl? The truth is, we can never really respect ourselves unless we show
the courage and the willingness to take full responsibility for what belongs to us, which the
other person did not place there! Once the old hurts are neutralized (in addition to all the new
ones we've tacked on over the years) and each person has shown the courage to own their part
in the poisoned well, much healing is possible.
If you've ever been forgiven for your "falls from grace" in life, you know how powerful a
healing experience it is. Much as resentments are poison to a relationship, ownership and
mutual forgiveness are its salvation.
INFIDELITY
Talk about a killer of trust and commitment . . . here is the number one offender. My
view on this deadly behavior is that this activity occurs as a result of the breakdown of the
elationship, rather than being the cause of the breakdown. Do not mistake this as any kind of
condoning of this behavior on my part. No way. I simply want to point out that people who
are content and fulfilled within the marriage, virtually never look outside of it to fill
themselves up. Affairs are often used as a way to lick one's wounds, to escape from the
difficulties of the current relationship, to abandon the responsibility we have to work on the
troubles in our relationships straight-up, rather than behind closed and secretive doors with
someone else. Sorry folks, it doesn't work that way.
If your connection to your partner is missing big pieces, start by looking at what you
are bringing to the party. If you're empty and unfulfilled in your relationship, perhaps it's
because you are not offering all you could be to it! Looking for comfort elsewhere simply
adds more pain and suffering to what was already present. If you are the one who strayed,
you have the responsibility for failing to courageously face the part you played in the
unsatisfying elements of your relationship. If your own relationship was where you put your
energy (rather than with someone else) then your own relationship would have gotten the
benefit of your growth, rather than the pain of your broken vows.
Relationships can heal from this most devastating of betrayals, but full responsibility,
remorse and true commitment to self-development must be the foundation for the healing.
You must be willing to do whatever it takes to rebuild the trust that's been lost. Nothing less
will do. Many do not have the courage or character to take this on. If you do, you have the
chance to create an even deeper, more meaningful relationship . . . "What doesnt kill us
makes us stronger.

 CONCLUSION
Although these are certainly not all of the relationship troubles which can befall us,
they are the most common ones reported to me over the last 20 years. They seem quite
universal. Within each one of these issues lies a wealth of fascinating information one can
learn about oneself, which can open the doors to a quality of relationship you have not
previously known. Make no mistake; it can be a great deal of hard work uncovering the
hidden aspects of yourself which cause you to trip and fall. It is also worth every moment of
the time and energy you put into it. Like anything else you reap what you sow. Personal
growth is no exception. Unfortunately, it seems to be the preference of many to take the easy
route and simply blame others for their relationship woes. This, my friend, is a dead end
street. Been there, done that, doesn't fly. I encourage all of you who so deeply want that
connected, loving and satisfying relationship, to invest yourself in what it takes to have it.
You won't regret it.
Remedial Act related with Women
The National Commission for Women was set up as a statutory body in January 1992
under the National Commission for Women Act, 1990 (Act No. 20 of 1990) of Govt. of India,
to review the Constitutional and legal safeguards for women; recommend remedial legislative
measures, facilitate redressal of grievances and advise the Government on all policy matters
affecting women.
THE MANDATE OF THE COMMISSION: SECTION 10 OF THE ACT

a. Investigate and examine all matters relating to the safeguards provided for women
under the Constitution and other laws;
b. present to the Central Government, annually and at such other items as the
Commission may deem fit, reports upon the working of those safeguards;
c. make in such reports recommendations for the effective implementation of those
safeguards for improving the conditions of women by the Union of any State;
d. review, from time to time, the existing provisions of the Constitution and other laws
affecting women and recommend amendments thereto so as to suggest remedial
legislative measures to meet any lacunae, inadequacies or shortcomings in such
legislations;
e. take up cases of violation of the provisions of the Constitution and of other laws
relating to women with the appropriate authorities;
f. look into complaints and take suo moto notice of matters relating to :i. deprivation of women's rights;
ii. non-implementation of laws enacted to provide protection to women and also to
achieve the objective of equality and development;
iii. non-compliance of policy decisions, guidelines or instructions aimed at
mitigating hardships and ensuring welfare and providing relief to women, and
take up the issues arising out of such matters with appropriate authorities;
g. call for special studies or investigations into specific problems or situations arising out
of discrimination and atrocities against women and identify the constraints so as to
recommend strategies for their removal;

h. undertake promotional and educational research so as to suggest ways of ensuring due

representation of women in all spheres and identify factors responsible for impending
their advancement, such as, lack of access to housing and basic services, inadequate
support services and technologies for reducing drudgery and occupational health
hazards and for increasing their productivity;
i. participate and advise on the planning process of socio-economic development of
women;
j. evaluate the progress of the development of women under the Union and any State;
k. inspect or cause to be inspected a jail, remand home women's institution or other
place of custody where women are kept as prisoners or otherwise, and take up with
the concerned authorities for remedial action, if found necessary;
l. fund legislation involving issues affecting a large body of women;
m. make periodical reports to the Government on any matter pertaining to women and in
particular various difficulties under which women toil;
n. any other matter which may be referred to it by Central Government;

the Central Government shall cause all the reports referred to in clause (b) of subsection (1) to be laid before each House of Parliament along with a memorandum
explaining the action taken or proposed to be taken on the recommendations relating
to the Union and the reasons for the non-acceptance, if any, of any of such
recommendations.

Where any such report or any part thereof relates to any matter with which any State
Government is concerned, the Commission shall forward a copy of such report or part
to such State Government who shall cause it to be laid before the Legislature of the
State along with a memorandum explaining the action taken or proposed to be taken
on the recommendations relating to the State and the reasons for the non-acceptance,
if any, of any of such recommendations.

The Commission shall, while investigating any matter referred to in clause (a) or subclause(I) of clause (f) of sub-section (1), have all the powers of a civil court trying a
suit and, in particular in respect of the following matters, namely:a. summoning and enforcing the attendance of any person room any part of India
and examining him on oath;
b. requiring the discovery and production of any document;
c. receiving evidence on affidavits;
d.

requisitioning any public record or copy thereof from any court or office;

e. issuing commissions for the examination of witnesses and documents; and

f. any other matter which may be prescribed.

REACHING OU COMPLAINTS AND COUNSELLING UNIT

This cell is the "Core" unit of the commission and processes the complaints received oral,
written or suo moto under Section 10 of the NCW Act.
The complaints received relate to domestic violence, harassment, dowry, torture,
desertion, bigamy, rape, refusal to register FIR, cruelty by husband, derivation, gender
discrimination and sexual harassment at work place. During 1999, the Commission
received 4329 complaints related to the above types of crimes against women.
The complaints are tackled as below:Investigations by the police are expedited and monitored.
Disaggregated data are made available to various state authorities to facilitate action.
Family disputes are resolved or compromised through counselling.
As per the 1997 Supreme Court Judgement on Sexual Harassment at Workplace,
(Vishakha Vs. State of Rajasthan) every employer is required to provide for effective
complaints procedures and remedies including awarding of compensation to women
victims. In sexual harassment complaints, the concerned organisations are urged to
expedite cases and the disposal is monitored.
For serious crimes, the Commission constitutes an Inquiry Committee which makes spot
enquiries, examines various witnesses, collects evidence and submits the report with
recommendations. The implementation of the report is monitored by the NCW.
The State Commission, the NGOs and other experts are involved in these efforts.
Between July to December, 1999, the Commission received the following complaints:Dowry Death-232, Rape-93, Murder-69, Harassment-591, Property disputes-132,
Desertion 66, Kidnappig 36.
This gives the trend of crimes against women and suggests systemic changes needed for
The reduction in crimes. The complaints are analysed to understand the gaps in routine
functioning of government in tackling violence against women and to suggest correctional
measures.
The complaints are also used as case studies for sensitization programmes for the police,
judiciary, prosecutors, forensic scientists, defence lawyers and other administrative
functionaries.
EXPERT COMMITTEES [Section 8(1)]
The Commission constitutes Expert Committees for dealing with such special issues as
may be taken up by the Commission from time to time. The Expert Committees
established so far are for :Law and legislation, Political empowerment, Custodial justice for women, Social security,
Panchayati Raj, Women and media, Development of Scheduled Tribe Women,
Development of women of weaker sections, Development of women of minority
communities, Transfer of technology in agriculture for development of women.

NET-WORKING
Women's movement in the country was brought to the fore front by the efforts of the
NGOs. The Commission interacts and networks with the NGOs and the State
Commissions for ensuring gender equality and empowerment of women. The commission
also interacts with the media, social activists and academicians to suggest the ways of
ensuring due representation of women in all spheres.
STATE VISITS
The Commission undertakes state visits to evaluate the progress of development of women
in various states. It has covered the states of Tamil Nadu, Andhra Pradesh, Rajasthan, Uttar
Pradesh, Orissa, Sikkim, Madhya Pradesh, Assam, Tripura and Manipur.
During the visits, discussions are held with the Chief Minister, the Women and Child
Development Minister, the Chief Secretary, the Home Secretary and the Secretaries of
other departments.
SEMINARS, WORKSHOPS AND CONFERENCES
The Commission conducts seminars, workshops and conferences and sponsors such events
by providing financial assistance to research organisations and NGOs. The important areas
so far covered include violence against women, sexual exploitation of women at work
place, educational health and employment aspects, women in agriculture sector, women in
Panchayati Raj, custodial justice, mental health institutions etc.
PUBLIC HEARINGS
The NCW holds public hearings on issues affecting large sections of women such as crime
against women, women in unorganised labour sector, women in agriculture and women of
minority groups. The deposition at these enquiries helps in appreciating and initiating
remedial action.
LEGAL AMENDMENTS/BILLS PROPOSED
Amendment to:
Criminal Procedure Code, 1973.
Indian Penal Code, 1860.
Indian Evidence Act, 1872.
Dowry Prohibition Act, 1961.
Commission of Sati (Prevention) Act, 1987.
Hindu Marriage Act, 1955.
Child Marriage Restraint Act, 1929.
Indecent Representation of Women (Prohibition) Act, 1986.
Immoral Traffic (Prevention) Act, 1956 (for elimination of child
prostitution and devising a comprehensive package for rehabilitation).

 Medial Termination of Pregnancy Act, 1971.

Family Courts Act, 1984.
Foreign Marriage Act, 1969.
Guardians and Wards Act, 1890.
Indian Succession Act, 1925.
Representation of the People Act, 1951.
Bills
The Marriage Bill, 1994.
The Domestic Violence to Women (Prevention) bill, 1994.
The Orphan & Destitute Children (Adoption) Bill, 1994.
The Criminal Laws (Amendment) Bill, 1994 (with reference to child rape).
The Criminal Laws (Amendment) Ordinance, 1996.
The Prevention of Barbarous and Beastly cruelty against Women Bill, 1995.
The Constitution 81st Amendment Bill, 1996.
Important Court Interventions
The National Commission for Women can and it has intervened in some important court
matters.
30. Bhateri gang rape case (Rajasthan):- The Commission suo- moto took up the case
of M. Bhanwari Devi and extended its full support in going for appeal and also
providing security to the victim and appointment of a special public prosecutor to
argue her case.
31. Capital Punishment / Death Penalty (Ramshree's case) : Due to the timely intervention
of the National Commission for Women in the Supreme Court, the order of the death
sentence was temporarily stayed and the Hon'ble Court, later on commuted the death
sentence into life imprisonment.
32.Obscenity cases:1. The Hon'ble High Court of Delhi put an injection on the launching of +21 adult
channel by the Ministry of Information & Broadcasting, Govt. of India.
2. The NCW had moved the Hon'ble High Court of Delhi against Star TV, Zee TV, etc.
for showing obscene pictures on television and other media.
33. Against out dated customs & traditions : Maimon Baskari's Nuh (Haryana) case:
The NCW took up the case of Ms. Maimon Baskari who was allegedly a victim of
torture and rape for marrying a person of her choice. The Supreme Court has united
the couple.
34. Divorced Muslim Women's Entitlement to Maintenance beyond the lddat period: In
the matter of Fakhruddin Mubarak Shaik Vs. Jaitunbi Mubarak Shaik, the NCW has
intervened in the Supreme Court of India to support the stand of Jaitunbi. The case is
pending.

PARIVARIK MAHILA LOK ADALAT (PMLA); An Alternative Justice Delivery System

The National Commission for women has evolved an innovative concept of PMLA for
redressal and speedy disposal of cases under Legal Service Authority Act, 1987, which has
its roots in the traditional Nyaya Panchayats. The essential features of PMLA are amicable
mutual settlement and flexibility in functioning. The NGOs in association with District
Legal Aid and Advisory Boards, activists, advocates and others, organise Parivarik Mahila
Lok Adalats with the Commission's financial assistance. So far, 130 PLMAs have been
held in which about 7500 cases were taken up.
NCW VIDEOCASSETTES
Conference on "Women and Panchayati Raj " New Delhi-October, 1993.
Workshop of Infant Feeding practices and the law-New Delhi, 1994.
Public Enquiry on Crime Against Women- New Delhi, 1995.
Mangalam Project Pondicherry -1995; Justice Delivery by Women for Women.
Parivarik Mahila Lok Adalat (PMLA) at Billur-Karnataka, 1997.
Daughters of Darkness - No Child Prostitution, 1997.
Silver Lining - a documentary on Mental Health of Women - 1998.
"Tomorrow is ours " on-mandate, functions & work of NCW.
Making of a leader -Political empowerment of Women.
HIGHLIGHTS-1999
Organised mass rally in association with the Indian Medical Association and UNICEF
to generate awareness against the practice of Female Feticide.
Surveyed and assessed the disaster of super cyclone in Orissa. Collected and
distributed about ten truck loads of useful relief material such as clothes, blankets,
utensils, medicines and non-perishable items. Initiated follow up programme with the
NGOs.
Collaborated with the Guild of Service, New Delhi to mobilise a nationwide
millennium campaign for women called PEACE, i.e. Peace for empowerment and
Call for Equity.
Intensified lobbying to expedite the passage of the Women's Reservation Bill
pending in Parliament.
The commission's teams visited different parts of the country and enquired into
specific incidents e.g. sexual harassment compliant at DPS, Faridabad, incest case at
Karvi (UP), Anjana Misra rape case (Orissa), alleged act of glorification of "Sati" at
Mohaba (UP), Lalita Oraon case (Ranchi) concerning alleged sexual assault on
LEGAL AWARENESS PROGRAMME
The National Commission for Women regularly extends financial support to NGOs and
educational institutions to conduct Legal Awareness Programmes to enable women and

girls to know their legal rights, to understand the procedure and method of access to the
legal systems. So far 55 Legal Awareness Programmes have been conducted.
MANGLAM: A successful example of NCWs legal awareness programme on the home of
" justice delivery by women for women " in Pondicherry.
RESEARCH STUDIES SPONSORED: Social mobilisation, maintenance and divorcee
women, panchayat raj in action, women labour under contract, gender bias in judicial
decisions, family courts, gender-component in the various Commissions' reports for
women, violence against women, women access to health and education in slums etc. to
help in formulation of NCWs policies for recommendations.
LIBRARY AND PUBLICATIONS
The commission's library has now become a resource centre for research scholars/
activists. There are about 2250 books in the library. It subscribes 25 daily newspapers in
different languages and 35 periodicals/ professional journals. The Library has a regular
system of documenting newspaper clippings on women's issues.
The Commission regularly brings out a monthly newsletter "Rashtra Mahila " in Hindi and
English.
KEY PUBLICATIONS
Impact of Maintenance Laws with special reference to Kerala state.
The Role of Women Members in Panchayati Raj -experience in West Bengal.
Gender Component in various commissions, Report by, NLSU Bangalore.
Women Prisoners in Indian Jails.
Development of Health facilities among Scheduled Tribe Women.
Report on National Debate on codification of Criminal Laws Pertaining to women.
Justice Delivery through Family Courts.
The Gender Issues and Books in India.
Reaching Out - Proceedings of conferences and seminars July, 1996.
The Velvet Blouse : Sexual Exploitation of Children.
Knocking at the male bastion -women in politics.
NCW's Review of Laws : Amendments and New Bills.
For Women to lead ... Ideas and Experiences from Asia.
Report on Tribal Women & Employment.
Code of conduct on Sexual Harassment.
Manual of Mental Health Care for women in Custody.
A Study of mentally Disabled Women.
Project Mangalam - Justice Delivery by Women for Women.
a 19 year old maid by an Indian diplomat in Paris, Chitra rape case (chennai)
and brutal atorcities against harijan women at Sanhauli (Bihar).
Organised
nationwide
workshops
on
Amendment
to
Rape
Laws.
Held Public Hearings on Minority women at Tezpur, Bangalore, Indore, Ahmedabad,
Panipat and Bhadrak, on Women Sarpanches at Ajmer and women in Agriculture at
Dharwad (Karnataka).

 Organised conference or Tribal Women's Development.

Sponsored Research / studies on Dayin Pratha (Bihar), Women prisoners (U.P., M.P.,
Rajasthan, Orissa), Nutrition and Health Care of Adolescent Girls (Orissa), Impact of
Mining on Health of Women (Orissa), Women of weaker sections in hill areas (U.P.)
Interaction with women Parliamentarians was organised.
Organised training programme for counsellors from various states in collaboration with
the British Council.
Conducted Workshops on Penal reform in association with PRI & PRAJA and Crime
Against Women in India with CBI.
Organised a programme in Eluru (A.P.) and Gadhinglaj (Maharahstra) for
rehabilitation of Devadasis and women prone to trafficking.
conducted assessment on the condition of Vrindavan widows and made
recommendations.
Held a series of Workshops on the condition of women in agriculture.
PROGRAMMES FOR 2000
The National Commission for Women has initiated an ambitious programme entitled
"Preparing the Women for Tomorrow " -with awareness campaigns on laws and
legality, media, nutrition and health, consumerism, human rights, sex and sexuality and
programmes to build capacity for management of time, interpersonal relationships,
emotions and develop skill for communication, thinking, negotiations and problem
solving.
Regional meets with State Commission for Women and NGOs.
Seminar on "Empowering Women for Sustained Development Forging Partnership
Urban Local Bodies and Corporates".
Workshop on gender justice - Forging Partnership with Law Enforcing Agencies.
A study on systematic change in custody with mentally ill people-West Bengal.
District wise Socio Economic Gender Disaggregated Data Analysis and district
mapping Maharashtra.
Campaign against sexual harassment at work place -West Bengal.
Nation wide workshops on Amendment to Dowry Prohibition Act 1961 and Immoral
Traffic (prevention) Act 1956.
Follow up action on India First Report on implementation of CEDAW (UN
Convention on the Elimination of All Forms of Discrimination against Women)
Voice of the Voiceless-status of Muslim Women in India (a report).
Rape: A legal study (a report).

References
[1] International Labour Organization, A Global Alliance against Forced Labour: Global
Report under the Follow-up to the ILO Declaration on Fundamental Principles and

Rights at Work (Geneva, ILO, 2005). Available from

www.ilo.org/wcmsp5/groups/public/@ed_norm/@declaration/documents/publication/w
cms_081882.pdf.
[2] International Labour Organization, Global Estimate of Forced Labour 2012: Results and
Methodology (Geneva, ILO, 2012). Available from
http://www.ilo.org/sapfl/Informationresources/ILOPublications/WCMS_182004/lang-en/index.htm.
[3] The Globalization of Crime: A Transnational Organized Crime Threat Assessment
(United Nations publication, Sales No. E.10.IV.6). Available from
www.unodc.org/documents/data-and-nalysis/tocta/TOCTA_Report_2010_low_res.pdf.
[4] Ibid.
[5] International Labour Organization, Global Estimate of Forced Labour 2012: Results and
Methodology.
[6] International Labour Organization, A Global Alliance against Forced Labour.
[7] The Globalization of Crime: A Transnational Organized Crime Threat Assessment.
[8] United Nations Office on Drugs and Crime, Global Report on Trafficking in Persons
(February 2009). Available from www.unodc.org/unodc/en/humantrafficking/globalreport-on-trafficking-in-persons.html.
[9] The Globalization of Crime: A Transnational Organized Crime Threat Assessment.
[10] Global Report on Trafficking in Persons.
[11] United Nations Report referred in various places in this material.