Report of National Consultation On Domestic Violence and its Impact - By Maitri & NCW

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National Consultation On

Domestic Violence and its Impact on the Health and Wellbeing of the Families of the Uniformed Personnel A Public Health Perspective

Proceedings and Way Forward

Organized by : MAITRI, New Delhi Venue: The Institute for Defense Studies and Analyses (IDSA) 1, Development Enclave, (near USI) Rao Tula Ram Marg, New Delhi 110 010. India Date: 1stOctober 2009

Sponsors National Commission of Women 1


INDEX

S.No 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14.

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Topic Why the Consultation? The Seminar Agenda Inaugural Session Q & A Session Response of Wives Welfare Associations and Uniform Services Q & A Session Government Perspective Domestic Violence :Civil Society / UN Agencies Vote of Thanks The Way Ahead Budget Our Speakers List of Participants

Page No. 3-4 5 6-7 8-13 14 15-18 19 20-22 23-26 27 28-


Maitri- Introduction Maitri, NGO, is committed to the welfare and health of women and children. Maitri was born out of a felt need to create a welfare and support group for the Uniformed Personnel and their families. Maitri‟s primary areas of work are Health, Nutrition, Education and Empowerment of Women. Maitri‟s work has involved uniformed personnel and their families, migrant construction workers, rickshaw pullers, women and children in slums of Delhi and school children. Gen Bhopinder Singh, President, Maitri and Winnie Singh, Executive Director, Maitri have extensive experience in all aspects of strategic response, policy making, and are commentators of public health and its security implications. Gen Singh and Winnie Singh initiated the formation of the Assam Rifles AIDS Control Programme to deal with the issue of HIV and AIDS through a multi-pronged and multi-layered strategy. Maitri has the unique distinction of being the only „known‟ NGO in India; and is also possibly one of the few globally committed to working with uniformed personnel and their families. Winnie Singh represents the civil society involved with the families of Uniformed Personnel, while Gen Singh represents the uniformed personnel on the Global Task Force and Regional Task Force of UNAIDS as civil society. Why the Consultation? Maitri has recently expanded its programs to include Domestic Violence amongst the families of the uniformed personnel. While domestic violence is a universal phenomenon, women and girls in association or related with uniformed personnel can suffer wide-ranging consequences of domestic violence due to peculiarities of the uniform lifestyles, training and stressful work conditions. Project Samvedana, aims at understanding the various forms of domestic violence, especially in the context of uniformed families and their vulnerability to contracting diseases which include STIs/ TB & HIV infections. The project explores the patriarchal and cultural norms that accelerates the violence in domestic life and focuses on the attitude of uniformed personnel that encourage exhibition of masculinity, dominating and violent behaviour.

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As part of Maitri‟s work in the area of domestic and sexual violence, Maitri proposed to bring Uniformed Services (Army, Navy, Air Force, Para Military, All State Police Forces) and Wives Welfare Associations, civil society, Government and UN Agencies, on one platform, to a Consultation on „Domestic Violence and its impact on the Health and Wellbeing of the families of the Uniformed Personnel‟ (and its Public health Implications) on 1st October 2009. Maitri proposes to be the support group in making a difference to lives of the Uniformed Personnel and their families.

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The Consultation On 01 October 2009, MAITRI India successfully hosted a Consultation on “Domestic Violence and its Impact on the health and well being of Uniformed Personnel and their families�. The Seminar was addressed and attended by experts from Violence against Women field, panelists and delegates representing uniformed services, Wives Welfare Associations, civil society, diplomats and United Nations Humanitarian Agencies. The seminar sought to create a common platform where multiple stakeholders could engage in a meaningful dialogue on the issue of domestic violence and its impact on the health of families of uniformed personnel and possible solutions. Eminent speakers as Dr. Girija Vyas, Dr. Ulf Kristoffersson, Dr. Ravi Verma, Dr. Kiran Bedi, Mrs Naik, President Air Force Wives Welfare Association, Dr. PMK Nair, IPS, Mr.S M Mardi, IPS and Dr. Joe Thomas amongst others, raised critical questions on certain issues regarding domestic violence in reference to the Uniform, valuable experiences were shared from their sectors. Different perspectives from different uniform services enhanced the understanding of the issue. This report presents the proceedings of the Consultation in chronological order. An attempt has been made to accurately represent the views expressed by the speakers. However, this is not a verbatim translation of their speeches.

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AGENDA

National consultation- Domestic Violence and Uniformed Services: A Public Health Perspective

9:00 - 9.30

9:30 10:15

Inaugural Session Welcome Remarks by Mrs. Winnie Singh, Executive Director, Maitri Dr. GirijaVyas, Chairperson, NCW (Chief guest) Dr Ravi Verma, ICRW - Overall view/ Magnitude/ Determinants - Keynote Address Dr Ulf Kristoffersson (Guest of honor)

10:15 – 10:30

Tea

10:30 12:30

Response of Wives Welfare Associations and Uniform Services ITBP DIG, JAG, Mr G S Virk - Peculiarity of Circumstances of the Uniform Service Himachal Police IGP - Mr. Sita Ram Mardi (Enforcement of Legal provisions in Police pertaining to Domestic Violence) CWC, Nanakpura, Inspector Ms. Pratima Sharma Chair – Lt. Gen. (Retd.) Bhopinder Singh

12:3013:15

Discussion- Mrs. Naik and Dr. Kiran Bedi

13:15 – 14:00

Lunch

14:00 – 15:00

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Registration

Government Perspective Ministry of Home: PMK Nair, IPS Jt Secy, Former Ministry of Woman and Child :Kiran Chadha, IAS Chair: Dr. Ash Pachauri


15:00 – 16:30

16:30– 17:00

Domestic Violence :Civil Society / UN Agencies UNFPA – Amita Pitra UNAIDS Response to Uniformed Families Domestic Violence & Health Issues - Sarita Jadav Gender, Violence and HIV - Nandita Batla, ICRW Chair - Dr. Ulf Kristoffersson Tea

Way Ahead and Conclusion: Dr. Joe Thomas Vote of Thanks Way Ahead/ Vote of Thanks 17:00

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InauguralSession Welcome Address by Mrs. Winnie Singh, Executive Director, Maitri Mrs. Winnie Singh extended a warm welcome to the esteemed speakers and the audience. She elaborated on the need to work with the families of Uniformed personnel. She explained, though Domestic Violence is a universal phenomenon, why, it becomes a matter of concern for the families of the Uniformed personnel is because of the peculiarity of the services conditions, their training and living away from the families for longer periods. She advocated for the need for awareness, recognition of the symptoms of Domestic Violence, and addressing it at the right time to save the marriage, sensitization of the personnel etc. Mrs Singh expressed her desire to be the support group/ system for both women (and men) who are affected by domestic violence. Being “married to the uniformâ€? herself, she said that she had also been a witness to many such instances where the system could have helped save relationships and families from trauma and stress. By highlighting certain characteristics of uniformed services, she drew attention towards the special needs of both men and women in uniformed families. She hoped for this Consultation, which is the first of its kind, would dwell, debate and understand the issues and come up with recommendations which could be shared with all services to make a difference to the lives of the families of the uniformed personnel Mrs Winnie Singh mentioned, that the subject of Domestic Violence in the Uniformed families and its implications on health, was of interest and importance to her and that itâ€&#x;s the subject of her research in PhD. She emphasized her commitment to finding and implementing innovative solutions to the issue. She was hopeful that she would be able to work institutionally to make a difference.

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Dr. Girija Vyas , Chairperson, NCW (Chief Guest) Dr Girija Vyas was appreciative of the issue undertaken and shared examples of atrocities on women in related with domestic violence in contemporary India. Citing a recent case of three girls who were locked up in their house for 7years by their father, she highlighted the extreme nature of suffering faced by women in the Indian society. She quoted from Lata Mangeshkar‟s autobiography, where she says she does not want to be born as a girl again. Dr. Vyas, then, narrated a mythological story to stress the historical prevalence of gendered violence. This story was of the beautiful girl, Effiginia, whose life was sacrificed to get rid of drought in Greece. When the girl was reminded how honorable her position was, she expressed a wish for her sisters in the future to be treated like human beings instead of mere objects. She mentioned Gandhiji‟s dream of an equal India and reminded the audience that women were equal participants in the freedom movement. She then pointed out that the NCW receives at least a hundred cases of violence against women everyday. She further elaborated about two of these cases – (1) Vishakha vs. Government (sexual harassment at work) and (2) Sakshi vs. Union Government (sexual assault). She spoke of the four arms to fight against the increasing numbers of cases – 1. 2. 3. 4.

The Constitution, Indian Penal Code Special laws passes by parliament (domestic violence act, dowry), and Judgments passed by Supreme Court

She described Domestic Violence Act as the woman‟s last weapon. Having been enforced 3 years ago, this act accepts a wide definition of domestic violence (whereby even husbands who come home late can be charged with domestic violence). However, there is a motion in the Parliament to reframe this law. Only 30 cases have been convicted under this section in the past three years. Dr. Vyas pointed out that in spite of these four arms, a large number of women suffer mental and physical torture from the day they get married and the women accept it as a cultural norm. She said that data shows an increase in domestic violence, dowry deaths, rapes and female foeticide. This might

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indicate a need for stronger laws, but she said that a law in itself is not enough. There is a need for sensitization of the police for better execution, awareness camps for encouraging heightened role of civil society, and an enhanced role of media. Highlighting the global nature of domestic violence, she mentioned that 4 out of 10 women in UK are affected by violence at home. However, close familial ties in India, complicate matters and crimes go unreported. Mentioning Simone de Beauvoir‟s „The Second Sex‟, Mrs Vyas claimed that even though we have walked a long way, we are at the same spot from where we started. Lack of shelter homes and protection officers as few reasons for this. Emphasizing on the fact that physical scars can be cured but mental and emotional scars are enduring, she stressed the need for solidarity amongst women. She concluded by highlighting the need for an integrated approach where men, women and the civil society work together to counter this problem and for women to be able to live in totality.

Dr. Ravi Verma, Regional Director, ICRW Overall view/Magnitude/Determinants – Chair and Keynote Address (10.27 am) Dr. Ravi Verma, an expert in the field of violence against women, presented a macro picture of the current situation regarding domestic violence by giving a snapshot of facts and evidence. According to WHO statistics, violence against women worldwide causes more death and disability in the age group of 15-44 than cancer, malaria, traffic and war combined. Rape and domestic violence are significant causes of disability and death among women of reproductive age. The National family health survey shows that 1 out of 3 women in India face domestic violence. Similarly, the Indian network of epidemiologists has shown that 1 in 2 women have suffered during pregnancy. In India, more than 50% of married women 10


face spousal violence, and half of them face abuse during pregnancy. Even in high-literacy states like Kerela, domestic violence holds a lifetime prevalence of 64 percent. The figures are 50-60 percent in other states like Bihar, Rajasthan etc. The Indian average of this figure is 37 percent. Between 1993 and 1995, 16% of deaths in pregnancy were caused by domestic violence. While presenting these statistics, Dr. Verma pointed out that these statistics are largely underestimated. At the same time, differentials are important because they give us insights about causes and help in programmatic implication. Statistics, he said, are important even when they are merely symptomatic. Domestic violence is constant across age groups, and contrary to expectations, nuclear families experience more domestic violence than expanded families. This may be because joint families provide a protective buffer, and because there is more reporting from nuclear families. More educated males are perpetrators of violence, and more working women are on the receiving end than non-working women. Further, he pointed out that domestic violence is not a „one-off incident‟. Of the women reporting physical violence, 63% report a frequency of 3 times or more. Not doing 'chores' or communicating on time has been found to be a typical reason for domestic violence. 68% of domestic violence is in the form of psychological violence and 72% of men use emotional violence (coming home late, isolating the woman) for „controlling‟ women. 50% of violence meted out to women is sexual in nature, and this number doesn‟t decline with age like other forms of violence. Research estimates on the costs of domestic violence show a loss of 95 million disability adjusted life years (DALYS) worldwide. After painting a statistical picture about the nature and extent of domestic violence in India, Dr. Verma ventured deeper into the issue. After mentioning major causal factors like alcohol, dowry, tiffs in the family, etc. he highlighted the importance of bringing men to the center stage for effectively dealing with this issue. This can be done by addressing notions of masculinity and gender norms through working with men and boys on the contemporary gender discourse. Taking the example of men who feel threatened by women adopting unconventional roles at work-places, he emphasizes the importance of understanding how such notions are translated to violence. Further, the role of community based organizations was introduced into this discussion. Since notions about gender are institutionalized at a very early age, effective interventions ought to be in collaboration with teachers, parents, guardians of morality in the society, and peers “within” the school system. It is here that civil society can play an important role by introducing a positive 11


deviance in men through role models. Dr. Verma pointed out very aptly that it is difficult for everyone to relate to a process unless the change agents are “within communities”, and across all age groups. Articulating the need to create alternate spaces for men and women, he pointed towards a study showing that women who have property rights are subject to lesser violence. Steps like these, which create negotiating spaces, were endorsed by him. He also pointed to the undue stress on family preservation in Indian families. This comes at the cost of women and thus, there is a need for alternate systems that strengthen and preserve the rights of women on their own. The key to prevention of domestic violence, according to him, is better implementation of the Domestic Violence Act. This may be done by sensitizing professionals in the police, judiciary and health-care facilities; appointing protection officers and by preventing the dilution of this law. He says that “every law is misused, but this law is brought to question and altered again and again because it‟s related to women”. Talking particularly about domestic violence in uniformed personnel, Dr. Verma pointed out that uniformed personnel are a subset of the society. He said that men are the same everywhere, but they find different manifestations of their masculinity. Militarization in the uniformed services, according to him, reinforces certain notions of masculinity that need to be addressed while dealing with issues of violence against women. Finally, he proposed an integrated response where the perspectives of different stakeholders are taken into consideration.

Dr. Ulf Kristoffersson (Guest of honor) Dr. Kristoffersson provided an international perspective on the issue of gender violence in uniformed personnel. He began by sharing his experiences from different parts of the world to highlight the global nature of this problem. Be it the links between HIV and property rights in Uganda, the use of rape as a method of war in Rwanda, rapes of women from enemy clans in Somalian refugee camps in Kenya, rapes of women from the same clan in Cambodian refugee camps, or the struggle of Latin American countries against domestic violence; gendered violence runs as a common thread all across the world. Even more interestingly, this is not a phenomenon of the „South‟ or the „developing world‟. He pointed out that countries like Sweden and the UK were also struggling to resolve issues of domestic violence. 12


It was pointed out that much legislation has been passed internationally in this regard, but the results are still dismal. He stated that it was a misconception that uniformed men perpetrate more violence against women than civilian men. Linking the issue of domestic violence in uniformed personnel to HIV/AIDS in uniformed personnel, Dr. Kristoffersson provided a historical background about the latter. In1999, AIDS was spreading among rank and file. The US government under Clinton administration framed AIDS as a national, regional and global security threat in the Security Council. This resulted in the drafting of a resolution to address HIV, STIs, and sexual violence. Peacekeepers face the threat of HIV in Western and Central Africa, and UNAIDS was tasked with handling this issue alongside contributing countries. It was very difficult to bring sex-related issues to the conservative Security Council (it took 14 days to prepare a 1.5 page document). India was resistant, and referred it to lesser bodies, feeling that it would raise uncomfortable issues. However, India is the largest contributor to peacekeeping operations, with 40,000 men and women in 20 missions worldwide. In view of this fact, the Indian government has become one of the foremost nations in signing the resolution and tackling this issue. Having provided an international context to the prevention of HIV/AIDS in uniformed personnel, Dr. Kristoffersson pointed out that HIV/AIDS strategy doesnâ€&#x;t need to directly address sexual aspects. Peripheral, yet important, issues like gender and sexual violence need to be addressed for a holistic response. Some steps have already been taken in this direction. Every peacekeeper takes an exam from peer education module and has an AIDS advisor dealing with gender and sexual violence. Other important legislations, 1325 and 1820, were passed 2 years ago. These resolutions deal with gender based violence in conflict zones. There is a need for similar resolutions for domestic violence. Not only women, but younger men are also affected by domestic violence, further affecting their own behavior as grown up men. Similarly, increased prevalence of HIV/AIDS is not only a cost on security but affects the whole spectrum of society. In view of these facts and given the paucity of resources for gender-based issues, Dr. Kristoffersson emphasized the need for a pragmatic approach .He suggested the links between HIV/AIDS & gender-based violence and the international nature of domestic violence can be used as a global tool to tackle this problem.

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Q&ASession (11.20am) The first session was followed by a question and answer session where Lt. Gen. (Retd.) Singh enunciated the links between HIV and security. He mentioned that prevalence rates are between 50-60 percent in military personnel in Southern Africa. These numbers are higher in the police services. The entire security network has been compromised by this disease. The second question was directed to Dr. Verma and was about the methodology used for studies at ICRW. Dr. Verma said that the sensitive nature of the issue created difficulties in data collection. While in-depth ethnographic methods are used, the tools consist of a battery of interviews, indirect methods, focus groups, case studies, work with community organizations, and rigorous triangulation. Work within a cultural context is then extended to develop generic tools (questionnaires) that can be used in other communities.

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Session1 The Plenary sought the perspective of the Police and the Para military services. The session was chaired by Lt. Gen(Retd.) Bhopinder Singh.

Mr G S Virk, ITBP DIG, JAG Peculiarity of Circumstances of the Uniform Service Mr. G S Virk began his address by questioning the novelty of this phenomenon. He described domestic violence as an epidemic affecting every country, community and socio-economic groups. Further, he said that is was the “least reported crime�. Pointing out that uniformed personnel are a subset of society, he said that domestic violence is an occurrence in uniformed personnel at all levels. If violence is an integral part of the socialization process in the family, then it will be manifested sooner or later. He said that this might be the case in lower ranks of uniformed personnel. A systematic pattern of dominance gets entrenched in families such that the consequences of the physiological and psychological trauma spread across multiple generations. Consequences of violence may include physical abuse, emotional trauma and even death. At the same time, it was said that men are not necessarily the perpetrators of domestic violence. An economically secure woman may also perpetrate violence in an attempt to gain more power. Delving further into the causes of domestic violence in uniformed personnel, Mr. Virk mentions alcoholism as one of the major factors. This situation is augmented in the forces, where alcohol is easily accessible. Other reasons include the unpredictable and irregular work timings; need to be subservient to seniors, no scope for mistakes, frequent postings and deployment, long periods of separation from the family, a sense of uncertainty for both the personnel and the family. Taking the perspective of the man, he mentioned that uniformed personnel not only have to cater to the immediate family, but also other relatives in just 60 days of leave per year.

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The issue was deliberated upon in depth, possible solutions were presented. Given, that most number of cases are unreported, Mr. Virk suggested that the Wives Welfare Associations be used as entry points. Finally, he concluded by saying that solutions have to be a part of the “same machinery” as the problems.

Mr. Sita Ram Mardi, IGP, Himachal Police Enforcement of Legal Provisions in Police pertaining to Domestic Violence Mr Sita Ram Mardi began his address by stating that the progress of a nation is depicted by the progress of its women. Referring to Manusmriti, he said that even Gods like to be present where women are respected. He said that affluence and education are not barriers to domestic violence. A study at Yale has shown that a woman suffers at least 35 assaults before reporting the matter to the police. This number, he claimed, is higher in India where matters aren‟t even reported most of the times. Also, the cultural context in India makes the situation even more difficult where a woman is forced to relent because of her children. He narrated the story of a woman who was burned by her husband, but couldn‟t testify against him to protect her children. Using other examples, he highlighted the need to understand these cases in the cultural context, and not just a legal one. Further, he talked about Section 498A in this regard. Mentioning that section 498A is not compoundable, he linked registering cases to adding lime juice to milk. According to him, just as the milk cannot be retrieved from this mixture, a marriage cannot be redeemed once a complain is lodged. He mentions that section 198A was added to CRPC whereby the woman‟s relatives can also lodge complains. However, policemen themselves are still unaware of this amendment made in 1980s. The law is still not compoundable. Section 125 of CRPC also has its limitations; if a woman doesn‟t get maintenance, then she has to file another notice and has to keep fighting the case. This long-drawn 16


procedure is removed by the Domestic Violence Act whereby the respondent is called within 3days, relief is offered within 2months, non-payment of maintenance is a cognizable non-bail-able offence, and security is ensured by protection officers. Bringing in the importance of familial context, Mr. Mardi highlighted the difficulty faced by the woman who has to live in the family in the backdrop of the case and presence of protection officers. In view of these facts, he stressed the importance of pre-trial counseling and the need for in-camera trials to be mandatory. Also, there is a need for able protection officers to be appointed by state governments. He suggested that the woman‟s cell should be equipped with these services as it removes inhibitions of approaching a male-dominated police station. Similarly, there is a need for women complaint division in all departments and work places. Finally, he reinforced the need for sensitization of professionals in the police and the judiciary in order to ensure implementation of the Domestic Violence Act.

Ms. Pratima Sharma, Inspector, CWC, Nanakpura Ms. Sharma began her address by stating that “domestic violence in uniform personnel is twoway – by the uniform and at the uniform”. Using examples from her profession, she presented the perspective of the uniformed personnel. The stressful work-conditions, including irregular and uncertain work schedules, high- risk, lack of time for family etc. augment small tiffs that would otherwise have been sorted by spending time together. Lack of understanding with a spouse or family increases the stresslevels of the uniformed personnel. Further, miscommunication leads to misunderstandings. Mrs. Sharma cited examples from her own life to stress the importance of familial context in this matter. She brought attention to the case of uniformed women who have to play professional and personal roles at the same time. She mentioned that all these conditions necessitated interventions that facilitate the building of understanding and trust in families of uniformed personnel. She recommended longer period of leave for weddings and posting to family stations for at least 3 years. Further, she highlighted the fact that the police services don‟t have a welfare association, especially for families who reside in far-flung rural areas. 17


There is an urgent need to create platforms where women (and men) come together and share their experiences, vent and find solutions. The Counseling and Mitigation Section at the Nanakpura police station works towards these goals with couples who approach them. At this Section, all complaints are heard and then a decision is taken regarding the possibility of reconciliation before a case is filed. If counseling doesnâ€&#x;t help, then the couple is referred to a mediation division where highly qualified advocates from the high court settle matters amicably. She further highlighted the fact that certain kinds of violence cannot be reported, but can be resolved. The Counseling and Mitigation Section is particularly useful for tackling these forms of violence before they take other extreme forms. It is further pointed out that counseling is not just important as an intervention, and that pre-marital counseling is needed to facilitate adjustment of both partners. Using examples of people who have benefitted from the Counseling and Mitigation Section, she concluded by advocating domestic solutions for domestic problems.

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Uniformed Families and the Issues Dr. Kiran Bedi,IPS Ms. Madhubala Naik, President, AFWWA (c) The session was graced by Dr Kiran Bedi and Mrs Madhubala Naik, President Air Force Wives Welfare association with her colleagues. Dr Bedi strongly emphasized the need and importance of knowing and understanding the Domestic Violence Act. Appreciating the intricate detail of the Act, Dr. Bedi facilitated a group discussion of the Act. In this process, she highlighted salient features of the Act and stressed the need for legal training for NGOs. In the discussion, Mrs. Madhubala Naik elaborated upon the nature of services offered by the Air Force Wives Welfare Association to the families. She spoke on the need for understanding and compassion on the part of the superiors in the service. She also emphasized on the need for awareness on the signs of recognition of Domestic Violence not just for women but also for men, to save the relationships. A need for sensitizing the men was also spoken about.

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Session II This session focused on the Government’s perspective on the issue of Domestic Violence. The session was chaired by Dr. Ash Pachauri.

Mr. PMK Nair, IPS Linkages of Domestic Violence to Health including HIV in Uniformed Families Mr. PMK Nair presentation highlighted the dual nature of the issue. He suggested that government and NGOs present two perspectives on this issue. These often become two conflicting sides rather than collaborating sides. This, he pointed out, can undo the efforts made by both in the same direction. Secondly, he highlighted the mutually reinforcing nature of family and work environments. What happens in the family, including domestic violence, affects work and thus can have broad economic consequences for the community. Likewise, disturbances in the workplace can affect the family interfering with interpersonal relationships, growth of children and increasing the stress-levels of all members. In view of these facts, Mr. Nair offered solutions from the perspective of employers and mangers. Giving anecdotes from his professional experiences, he demonstrated the way managers can mitigate stress-levels by creating spaces for officers to interact with their subordinates families (through picnics, movie screenings etc.). Moreover, by being well- aware and sensitive to the family-related needs of their employees, seniors at any work-place can ensure a stress-free work-home balance for their employees, and drastically reduce the occurrences of domestic violence in the process. He said that sensitivity is especially needed for uniformed personnel who have to deal with work-related trauma, strict protocols, and very little time spent with the family.

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Mr. Nair concluded by saying that it was not a matter of family welfare, but family rights; preventing domestic violence is not a welfare obligation but a human rights obligation.

Mrs. Kiran Chadha, IAS, Former Jt Secy Min of Woman and Child Mrs Kiran Chadha highlighted the socialization and normalization of violence in our day- to-day lives. Children are exposed to violence from a young age, whether through video games or instances of road rage. Further, she pointed out that stress-levels, and subsequently instances of domestic violence, are high not just for uniformed personnel but for everyone who has to stay away from home for work. Long periods of separation raise stress-levels for both partners. Enunciating the role of the civil society in dealing with domestic violence, she stated that, acceptance of violence encourages more violence. There is a need for reporting an incident as soon as it occurs. The Domestic Violence Act facilitates this, as anyone, whether a relative or a neighbour can lodge a complaint on behalf of the victim. Given the institutionalization of violence, she also stressed the need for interventions with children. She mentioned that the government is undertaking initiatives in schools to encourage egalitarian values in both the sexes. Also, it should be ensured that a girl is an adult and mature before she is married. Mrs. Chadha mentioned various schemes offered by the government for affirmative action in favor of the girl child. She emphasized that parents should be educated and encouraged to make use of these schemes to enable the girls to stand and speak up for themselves. Further, the importance of economic independence and property rights was discussed. At the same time, however, it was accepted that being ability to earn did not always translate into economic freedoms; decisions regarding land, house, car etc. are taken by men and this power differential reinforces violence. She stressed the importance of solidarity amongst women (eg. Priyadarshini project in UP) and joint efforts by both men and women to overcome this problem. 21


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Session3 Civil Society and UN Agencies Chair: Dr. Ulf Kristoffersson.

Dr Amita Pitre, UNFPA

Dr. Pitre presented the UNFPA‟s perspective on the issue. She said that burns and suicides are the second highest rates of death in women of the reproductive age in India. Women suffer or accept such extremities of violence because there is no other option. Since deep familial ties and cultural bonds eliminate moving away from family as an option, there is a need for creating an alternative. She cites the example of counseling centers in Madhya Pradesh to depict possible entry points. Counseling is offered at spaces „within‟ systems through centers in police stations and hospitals. Social welfare departments also run such centers for women. She highlights the need for institutionalized responses as services provided by NGOs work only where there is expertise. Moreover, the civil society needs to facilitate the socialization of the expectation of rights. Thus, an integrated response that institutionalizes notions of gender equity and the interventions against domestic violence is needed.

Ms. Sarita Jadav, UNAIDS Response to Uniformed Families Domestic Violence & Health Issues Ms. Jadav presented the UNAIDS perspective, especially with respect to uniformed personnel and their families. She informed the audience that they work closely with the Ministry of Home Affairs and with the Armed forces. She presented a statistical snapshot of gender-based violence in India. The lifecycle of violence on women extends from the prenatal stage to old age. 34% of Indian women between the ages 15 and 49 have experienced domestic violence, 56% of these have experienced violence in the 12 months 23


preceding the survey. 83% of women who have experienced only sexual violence have never told any one about it. Between 7-48% of girls and young women age 10-24 years report their first sexual encounter as coerced. Violence and HIV have a critical correlation as coercive sex poses a direct biological risk for HIV infection resulting from trauma and lacerations. Intimate partner violence poses an indirect risk for HIV infection in several ways, including situations where a woman may not be able to negotiate condom use. Childhood sex abuse, coerced sexual initiation, and current partner violence also increases risk of HIV infection.

It was further pointed out that factors like work environment, mobility, young age, and even alcoholism increase the vulnerability of uniformed personnel to HIV.

UNAIDS support efforts for its preventions in the form of Advocacy at all levels for commitment and action on HIV/AIDS. Their strategy is to mainstream interventions as a part of holistic welfare activities. HIV/AIDS is integrated in training curriculum, health record cards and ID card pouch as part of the “kit�; CPFs and State Police are supported to implement HIV programs- policy guidelines and technical support in the form of training tools is provided. Nodal officers are designated for NGO coordination at the State and District level; HIV is integrated in the recruitment and promotional exams syllabus. Furthermore, there is access to detailed information on HIV through counseling, grievance redressal and referral services through toll-free- welfare-help-lines at the CRPF headquarters. Besides HIV, STI, VCT related information, the help line provides information on police welfare schemes, and used for e-SAMMELAN on grievance redressal. Finally, she presented the following opportunities to address domestic violence among uniformed families:

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• Invest in Universal access to comprehensive sexual and reproductive health services such as family planning, pregnancy, delivery care, diagnosis, and treatment of STIs. • Address grievances through Toll-free helpline and Nodal officers at every state and district levels. • Most cost effective and efficient method would be to leverage the command structure of the forces by support to wives welfare associations for their strengthening. • Provide funding and technical support. • Engagement and Integration in various forms for women. Networking of wives welfare associations with other similar organizations. • Provision of training opportunities for counseling services.

Nandita Bhatla, ICRW Gender, Violence and HIV (4.11 pm) Ms. Batla began her address by sharing her assessment of the changes from the first National Health and Family Survey to the third. She said that there had been no real improvement on the gender scenario as displayed in the changes in sex ratio, employment, and economic empowerment. In an attempt to reason this finding, she put forth the point that perhaps the way we look at gender is flawed; gender today is synonymous with women. Further, there is heightened „gender fatigue‟ i.e increased use of jargon leading to a loss of meanings of words. She elaborated that gender is not just about women, but about relationships that affect everyone. Similarly, there is a need for a deeper understanding of violence for effective solutions to curb it. If violence is a way of resolving conflict, then we the need to change the way matters are resolved. This will ensure a deeper relief, not just a symptomatic one. Further, she stressed the need to pay attention to the risk and protective factors. An example of a risk factor is childhood experiences. Exposure to violence as a child spills into adult life. Commenting on the discussion held before her session, she said the tradeoff between prosecuting gender violence and upholding family and preserving society is fallacious and that there is a need to question inequitable norms and behaviors? Since violence from outside one‟s home also spills into the house, there is a need to learn how to disaggregate authority at workplace and at home. This is especially true for uniformed personnel.

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Further, she enunciated some successful responses to violence. These included challenging and changing norms, working with different stakeholders, developing community support mechanisms, and coordinated multi-sectoral responses. More importantly, she stresses the need for evaluating existing solutions like counseling, mitigation, ensuring property rights etc. Many schemes have been introduced in this regard, it is important to monitor them before introducing new ones. Making another observation about violence, she Ms. Batla said that violence in homes is uncomfortable and thus, media attention is lacking. She concludes by saying that for dealing successfully with gender-based violence, we have to get rid of this discomfort, speak up about violence in homes, and that “the personal has to become political�.

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Vote of Thanks Dr. Joe Thomas presented the vote of thanks. He said that the 15 presenters provided a comprehensive overview of violence by covering areas like the causes and determinants of violence, peculiarities of domestic violence in uniform personnel , legal aspects, unique nature of instrument in the Indian context, linkages between violence and health, responses, domestic violence and its impact on children and other socio-economic impacts. He expressed a need for discussing deeper causes of violence in a domestic setting and the empirical issues around violence and its reporting. Finally, he thanked the speakers for their enlightening perspectives and hoped to derive policy prescriptions and ideas for work with uniformed personnel through these discussions.

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The Way Forward

National Consultation on Domestic Violence and its Impact on the Health and Wellbeing of the Families of the Uniformed Services - A Public Health Perspective: Suggestionsâ€&#x; and recommendations. Domestic violence or intimate partner violence is a silent epidemic in Indian society. And the uniformed services are also not immune to this epidemic. This seminar was organized to create a common platform where multiple stakeholders could engage in meaningful discussions about the problem and possible solutions about domestic violence in general and in uniformed services.

The extreme nature of suffering faced by women in the Indian society- particularly the spouses of the uniformed services- due to the violence perpetuated by the intimate partners is seldom publically debated. The conference noticed an increase in domestic violence, dowry deaths, rapes and female foeticide. The presenters and the subsequent discussions provided a comprehensive overview of violence by covering areas like the causes and determinants of violence, peculiarities of domestic violence in uniform personnel , legal aspects, unique nature of instrument in the Indian context, linkages between violence and health, responses, domestic violence and its impact on children and other socioeconomic impacts. However, still there is a need for discussing deeper causes of violence in a domestic setting and the empirical issues around violence and its reporting. According to WHO statistics, violence against women worldwide causes more death and disability in the age group of 15-44 than cancer, malaria, traffic and war combined. Rape and domestic violence are significant causes of disability and death among women of reproductive age. Domestic violence is constant across age groups, and contrary to expectations, nuclear families experience more domestic violence than expanded families. This may be because joint families provide a protective buffer, and because there is more reporting from nuclear families. More educated males are perpetrators of violence, and more working women are on the receiving end than non-working women. Further, he pointed out that 28


domestic violence is not a „one-off incident‟. Of the women reporting physical violence, 63% report a frequency of 3 times or more. Research estimates on the costs of domestic violence show a loss of 95 million disability adjusted life years (DALYS) worldwide.

The conference identified that there are four arms to fight against the he increasing numbers of cases of intimate partner violence. They are: (1) The constitution, (2) Indian Penal Court, (3) Special laws passes by parliament (domestic violence act, dowry), and (4) Judgments passed by Supreme Court. However, to strengthen these provisions a range of policy and program measures needs to be in place. The following are some of the suggestions proposed by the speakers and the participants. 1. Domestic violence or intimate partner violence is not a domestic matter. It has wider social and health implications, hence need wider public education and debate on the issue. 2. There is a need for sensitization of the police for better execution, awareness camps for encouraging heightened role of civil society, and an enhanced role of media. 3. Emphasizing on the fact that physical scars can be cured but mental and emotional scars are enduring, she stressed the need for solidarity amongst women. 4. Need for an integrated approach where men, women and the civil society work together to counter this problem and for women to be able to live with dignity. 5. The importance of bringing men to the center stage for effectively dealing with this issue. This can be done by addressing notions of masculinity and gender norms through working with men and boys on the contemporary gender discourse. 6. Since notions about gender are institutionalized at a very early age, effective interventions ought to be in collaboration with teachers, parents, guardians of morality in the society, and peers “within” the school system. 7. Provisions of women‟s property rights needs to be strengthened as women with property rights are subject to lesser violence. 8. Undue stress on family preservation in Indian families comes at the cost of women 9. Better implementation of the Domestic Violence Act 29

by sensitizing


professionals in the police, judiciary and health-care facilities and appointing protection officers and by preventing the dilution of this law. 10. Emphasis on alcohol abuse among the uniformed services as Domestic violence in uniformed personnel, alcoholism as one of the major factors.

11. Uniformed Wives Welfare Associations should take the issue of domestic violence more seriously and capacity of these associations needs to be strengthedn to address the domestic violence. 12. Interventions that facilitate the building of understanding and trust in families of uniformed personnel needed. 13. Special support programs needs to be developed for the families of the police services as the police services donâ€&#x;t have a family welfare association, especially for families who reside in far-flung rural areas. 14. There is an urgent need to create platforms where women (and men) come together and share their experiences, vent and find solutions. 15. The Counseling and Mitigation Section at the police stations needs to be strengthened and this service needs to be expanded. 16. Domestic violence issues is not a matter of family welfare, but family rights; preventing domestic violence is not a welfare obligation but a human rights obligation. 17. Education departments must encourage egalitarian values in both the sexes.

18. Promoting solidarity amongst women and joint efforts of both men and women to overcome this problem. 19. Women suffer or accept such extremities of violence because there is no other option. Since deep familial ties and cultural bonds eliminate moving away from 20. family as an option, there is a need for creating an alternative. 21. The civil society needs to facilitate the socialization of the expectation of rights. Thus, an integrated response that institutionalizes notions of gender equity and the interventions against domestic violence is needed.

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22. Invest in Universal access to comprehensive sexual and reproductive health services such as family planning, pregnancy, delivery care, diagnosis, and treatment of STIs. 23. Address grievances through Toll-free helpline and Nodal officers at every state and district levels. 24. Most cost effective and efficient method would be to leverage the command structure of the forces by support to wives welfare associations for their strengthening.

25. Provide funding and technical support for programs addressing the causes, consequences and mitigating the impact of domestic violence. 26. Engagement and Integration in various fora for women. Networking of wives welfare associations with other similar organizations. 27. Provision of training opportunities for counseling services.

28. Further need for a deeper understanding of domestic violence for effective solutions to curb it. 29. The need for evaluating existing solutions like counseling, mitigation, ensuring property rights etc. Many schemes have been introduced in this regard, it is important to monitor them before introducing new ones. 30. For dealing successfully with gender-based violence, we have to get rid of the discomfort of speak up about violence in homes, and that “the personal has to become political�.

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Our Speakers Dr. Girija Vyas NCW: Is an Indian politician, poet and author. After obtaining a Doctorate in Philosophy, she taught at the Mohanlal Sukhadia University of Udaipur and the University of Delaware. In 1985, as a candidate of the Indian National Congress party, she was elected as an M.L.A. from Udaipur, Rajasthan and served as a Minister in the Provincial Government of Rajasthan till 1990. In 1991, she was elected to the Indian Parliament, representing Udaipur, Rajasthan in the Lok Sabha and was appointed as a Deputy Minister in the Union Cabinet in the Narsimha Rao government. From 2001-2004, she was also the President, Rajasthan Provincial Congress Committee. Currently, she is Chairperson, Media Department, All India Congress Committee and member, Indo-EU Civil Society. In February 2005, the Government of India nominated her to the position of the Chairperson of the Fifth National Commission for Women, a Constitutional Statutory body, a position she currently continues to hold. Dr. Vyas remains an M.L.A. in Rajasthan. She has written eight books, three of which contain her poetry.

Dr. Ravi Verma ICRW: Regional Director of ARO has over 25 years of programmatic research experience in the area of reproductive health, gender mainstreaming and HIV/AIDS in India and in the countries of Asian region. With a background in Social Sciences and specialization in health education and promotion and social demography, Ravi has worked at the International Institute for Population Sciences (IIPS), an apex demographic institute in Mumbai, India, and provided leadership to the South Asian regional HIV/AIDS 32


operations research program at Population Council prior to joining the ICRW ARO. More recently, Ravi has worked extensively on promoting gender equity working with men and boys. The tools developed in this program were taken up by the Indian National AIDS prevention programs and public school system in three major Indian states are scaling up the program in the school

system. He has been instrumental in creating programs like „GEMS‟ which is with young school children, „IMAGES‟ where men in the age group18-59 years are involved and “Coaching Men and Boys” where young men and boys in the area of sports are involved in the fight against violence against women by spreading awareness about gender equity. Dr. Kiran Bedi: India‟s first and highest ranking woman officer who joined the Indian Police Service in 1972. Her experience and expertise include more than 35 years of tough, innovative and welfare policing. She is the host and judge of popular Hindi Serial “Aapki Kutcheri” which mean „your court‟. She is a learning example for Indian Women for her „Will and Power‟. She is known for her work in Prison Reform, Drug Abuse and Prevention, Child Welfare and Traffic Regulation. She has started two NGO‟s Navjyoti and Indian Vision Foundation which works towards welfare, prevention policies and women, child and prison welfare respectively.

Mrs. Naik President AFWWA:

Ms. Pratima Sharma, Inspector Nankpura:

Ms. Nandita Bhatla ICRW: Researcher with International Center for Research on Women. She is a development specialist with issues related to Gender and HIV/AIDS.

Ms. Sunita Jadav UNAIDS: Currently works in with the Joint United Nations 33


Programme on HIV/AIDS (UNAIDS), India Country Office. Her areas of work include Strategy formulation and Implementation for HIV programming among Uniformed Services, particularly the Central and State Police forces across the country. She is also engaged with networking and capacity building of NGOs. A post graduate in Social work, with a degree in Law, her interests include advocacy, research, training and programme management

especially as they relate to HIV, and Women‟s empowerment. She has been working in the development sector for over ten years on issues of maternal and child health, Gender, and HIV/AIDS. Prior to UNAIDS, she worked in the Gender and HIV unit in the UNIFEM South Asia Regional Office.

Dr Amita Pitre UNFPA: is a Program Officer at the UNFPA, where her focus is on Gender and Reproductive Health. She has a background of Public Health, where her area of expertise is women‟s health.

Dr. Kiran Chadha: She is currently the Joint Secretary, Ministry of Women and Child Development.

Mr. PM Nair, IPS: Has been serving the Indian Police Service (IPS) since 1978. He has held several positions of responsibility in the state of Bihar. Due to his proactive work, being available all the time for public service and the down to earth approach he has endeared himself with the people of Bihar as a friend, guide and care giver for all and anytime. Dr Nair has served CBI (Central Bureau of Investigation) for a decade, handling several crimes of international and national importance. The Government of India has awarded him with many meritorious awards for his service and perseverance. Dr Nair has worked with the National Human Rights Commission (NHRC) as their Nodal Officer and has carried out the Action Research on Trafficking in Women and Children in India. Besides this, Dr Nair has authored two books. “Combating Organized crime” was published in 2002. “The Handbook for Police in Addressing Trafficking of Women and 34


Children”, published in 2005. His next book, titled “Human Trafficking: Dimensions, Challenges and Reponses” is in print and will be launched soon. Presently he is working with CRPF as the Inspector General of Operations and looks after all the operational work of CRPF, the largest para military Force in the world.

Mr. Sita Ram Mardi, IGP, Himachal Police: Mr Mardi, has over two decades of experience in law enforcement. He has served as Superintendent of Police, Kinnaur, Hamirpur and Shimla Districts. Dy. Inspector General of Police, Souther Range, Shimla, Inspector General of Police, Law & Order, Himachal Pradesh for 2 years during which he supervised the functioning of all district superintendents of Police and Range DIGs. Presently, he‟s posted as Inspector General of Police, State Vigiliance and Anti Corruption Bureau, Himachal Pradesh. Thank you Mr. Mardi for speaking at this Consultation on “Enforcement of legal provisions pertaining to Domestic Violence

Dr. Joe Thomas. Asia Regional Advisor Save the Children (UK)

Mr G S Virk, ITBP DIG, JAG:

Dr. Ulf Kristoffersson: Dr Ulf, is a world-renowned expert on international AIDS issues. Since 2000, he has served as director of the Joint United Nations Programme on HIV/AIDS (UNAIDS). Before becoming the director of UNAIDS, he served for more than 20 years in many other important capacities in the United Nations‟ AIDS programs. He spent more than 15 of those years with UNICEF (The United Nations Children's Fund).

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List of Participants

1. Dr. Ash Pachuri

Centre for Human Progress

2. Ms. Bindu Machavi

Breakthrough

3. Ms. Amartya Bagal Rana TARSHI 4. Dr. Intezar Khan

Dept of Social Work, JMI

5. Dr. Archana Dassi

Dept of Social Work, JMI

6. Dr. Neelam Sukhramani

Dept of Social Work, JMI

7. Mr. Arif Khan

Kartavya Foundation

8. Mr. Mausim Chauhan

Kartavya Foundation

9. Mr. Sufian Khan

Kartavya Foundation

10. Mr. Abrar Khan

Kartavya Foundation

11. Dr. Sita Ratna Devi

CARE India

12. Ms. Paroma Ray

Lawyers Collective

13. Smt. Dolly Prasad All India Committee for Eradication of literacy Among Women (AICEIW)

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14. Mrs. Gomathi Nair

All India Women's Conference

15. Mr. Hari Shekar

DNP+

16. Mr. Shibu Cheruvelil

INP+

17. Mr. Hari Singh

Action Aid India

18. Ms. Jameen Kaur

Human Rights Law Network

19. Ms. Keya Advani

Human Rights Law Network

20. Ms. Silky Grewal

MARG

21. Mrs. Meera Ambika Welfare

National Institute of Health and Family

22. Mr. R.C. Sharma

IDSA


23. Ms. Julie

UNAIDS

24. Ms. Shalini Sharma

CREA

25. Ms. Ruchika Bahl

Ashoka Foundation

26. Dolon Sen

Ashoka Foundation

27. Mr. Vijay Albert

Hope Alliance

28. Mr. Nirmal

Hope Alliance

29. Mr. Harun Ahmed

CHP

30. Ms. Reshuta Lakra

Student

31. Mr. Dheeraj Tewani

Student

32. Mr. Puneet Chandra

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Howden Insurance

33. Wg. Cdr. C. K. Lowe

FORESIGHT

34. Major Ashish Sharma

Indian Army

35. Major Ashish Sharma

Indian Army

36. Major KP Sharma

Indian Army

37. Major Davinder

Indian Army

38. Capt. DR Koundal

Indian Army

39. Major Dilcharan

Indian Army

40. Capt. Ashutosh

Indian Army

41. Ms. Nalini Ramasundara

AFWWA

42. Ms. Parneet Randhawa

AFWWA

43. Ms. Sunita

ITBP, TIGRI Camp

44. Ms. Asha

ITBP, TIGRI Camp

45. Ms. Darshini Davi

ITBP, TIGRI Camp

46. Ms. Punam Davi

ITBP, TIGRI Camp

47. Mr. Nagmani

ITBP, TIGRI Camp

48. Mr. S.N Mian

ITBP, TIGRI Camp


49. Mr. Rabir Singh

ITBP, TIGRI

Camp 50. Mr. Vijay Kumar

ITBP, TIGRI Camp

51. Mr. Virendar Yadav

ITBP, TIGRI Camp

52. Mr. Jasbir Singh

ITBP, TIGRI Camp

53. Mr. Ranjeet Singh

ITBP, TIGRI Camp

54. CHM R.S Garg

First Regiment- Indian Army

55. SM. Virendar

First Regiment- Indian Army

56. Mr. Rajesh Kumar

First Regiment- Indian Army

57. SM. Ajay Kumar

First Regiment- Indian Army

58. CHM LS Rawat

First Regiment- Indian Army

59. Subedar. R. Murugan

First Regiment-Indian Army

60. Oprtr. Sanil Kumar

First Regiment-Indian Army

61. Oprtr. Rajeshwar Ram

First Regiment-Indian Army

62. Oprtr. Satha Narain

First Regiment-Indian Army

63. Mr. Shamnu Rao

Alliance

THANK YOU

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The Consultation Organizing Team of MAITRI

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