Violence Against Women Policy Perspectives on Domestic Violence in India Unite to End Violence Against Women and Girls
Proceeding Report April 5, 2012
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Violence Against Women Policy Perspectives on Domestic Violence in India
Table of Contents INTRODUCTION…………………………………………………………………………………….….3 PROCEEDINGS Opening Address…………………………………………………………………………..….4 Session 1……………………………………………………………………………………..…4 Domestic Violence and Advocacy Services- Learning from Southall Black Sisters....….4 Making Links between Health and Violence Against Women…………………………..….7 NRI Women and Legal Recourse……………………………………………………….……11 Session 2…………………………………………………………………………………...…..11 The Domestic Violence Act and the Lacunas………………………………………….……11 Monitoring and Evaluation of Support Services………………………………………..…..12 Facilitating Violence Free Lives for Women: Measurement and Strategy Framework…14 Session 3 ……………………………………………………………………………...……….17 Importance of Individual Narratives and Emotions in advocacy work…………………….17 Concluding Session …………………………………………………………….…………...23
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Introduction The workshop on Violence Against Women: Policy Perspectives on Domestic Violence in India was held at India International Centre, New Delhi, India on 5th April, 2012. This workshop was organized after the International Women’s Day 2012 Conference on - “Connecting Girls, Inspiring Futures.” The purpose of holding this one day workshop was to understand and explore certain significant social determinants of domestic violence that impact women’s so that Maitri could provide appropriate information, assistance and support services to ‘women’ from different backgrounds who have crossed different trajectories. The specific objectives were to:
Discuss policy implications and gaps in the knowledge of domestic violence in an Indian context beyond rural-urban understandings Explore policy and programmes implications of support services and needs for survivors and women suffering from domestic violence Explore migration trends and its impact on violence against women Develop a work plan for the Violence against Women conference to be held on March 7, 2013.
The workshop looked at the larger policy issues involved in domestic violence. Discussions were on the main manifestations, causes and consequences of violence against women in the family, community, violence that is perpetrated or condoned by the State, and violence against women in the private and public spheres. Themes of discussion centered on migration trends and its impact on women’s health and wellbeing- national and international perspectives, gaps in understanding domestic violence in India, and the importance of individuals narratives and emotions in advocacy work. The participants were introduced to the effective models of intervention adopted by Southall Black Sisters. They spent time exploring ways of ensuring ways to promote the need for National Strategy on Violence Against Women. There was an extensive discussion and debate around the shortfalls of the Protection of Women from Domestic Violence Act, 2005, engaging with multi stakeholders and the current scenario of NRI marriages. The workshop combined plenary sessions that included presentations and case studies on the workshop’s main themes followed by question and answer sessions. The idea on developing an eforum on Violence Against Women was introduced, discussed and launched. In its effort to involve men and boys to fight against violence against women in India, Maitri launched its Hero Pledge.
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PROCEEDINGS OF THE WORKSHOP
Opening Address Ms. Winnie Singh, Executive Director, Maitri welcomed the participants to the workshop. She introduced Maitri as an organization committed to facilitate citizenship rights, basic services, dignity and respect to the most vulnerable population with a focus on domestic violence, migrant workers, their families and abandoned and destitute widows. People’s knowledge on gender and violence is limited and therefore, she said, it is essential to promote the understanding of equality from different perspectives. Violence Against Women (VAW) is a complex issue and needs to be studied thoroughly. There is no comprehensive policy on VAW. Connections need to be drawn between social and political agendas. Women’s lived realities should come at the forefront of every agenda. She added that it would be wrong to assume that ‘woman’ is a homogenous category. Intersections of female realities such as socio-economic status, class, education, religions, language, migration patterns, marital status, history need to be considered that affect women’s positions in society that give rise to inequality. She highlighted that there is lack of rigorous research and evidence on VAW in both public and private spaces. The purpose of the workshop is to provide space to facilitate discussions in setting up some political agendas for the same. Furthermore, she stressed on the need for multi-sectoral approach including support from the media. Campaigns should be organized using different social media methods like Facebook, Twitter, etc that would provide a mechanism to generate awareness, education and reduce stigma related to the issues of violence, leading to informal discussion amongst various groups. Previous workshops conducted by Maitri have highlighted the importance of working with men and boys to change their knowledge, attitude, behavior and practices towards gender specific violence. Although money is essential for women’s empowerment, it is not enough. She stressed that empowerment is much more than just economic empowerment. Acceptance of dowry is also considered as a form of VAW. She argued that unless the patriarchal mindset is changed, domestic violence will not be eliminated. Ms. Winnie Singh welcomed the panelist of the session Ms. Pragna Patel, Founder, Southall Black Sisters, Dr. Ritu Mahendru, Gender Expert, and Dr. Joe Thomas, Director, Technical Support Facility (TSF).
Session 1: Migration Trends and its Impact on Women’s Wellbeing: National and International Perspectives Domestic Violence and Advocacy Services- Learning from Southall Black Sisters (SBS) Ms. Pragna Patel, Founder, Southall Black Sisters
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Ms. Pragna Patel expressed her great pleasure to be a part of the workshop and thanked Maitri for giving her an opportunity to discuss some key issues in respect to protecting the rights of one of the most vulnerable groups. She stated that in an age of increasing globalization and movement of people, this workshop is timely and necessary. She introduced Southall Black Sisters (SBS) as an NGO set up in 1979 to meet the needs of minority ethnic women. SBS was born in the heat of anti racist and feminist activity. When SBS was set up, members had consciously adopted a secular feminist identity based on shared history of resisting simultaneously racism and religious patriarchal control. She explained that ‘black’ is not a descriptive term but signifies a political label. ‘Sisters’ signify feminism, need for sisterhood, need to overcome division and the need to understand commonality as well as specificity. She said that SBS recognizes that at some point some struggles become more urgent that others, with the effect that some aspects of our identities momentarily takes on more significance, but such struggles do not translate into creation of hierarchy of struggles. She described that more recently, the very specific fundamentalist and nationalist identities fostered by the rise of Sikhs, Muslim and Hindu religious fundamentalist movements in UK and Indian sub-continent was very challenging. The only space to talk about gender violence was through political context that does not subscribe to a hierarchical notion of oppression. An intersectional perspective was used wherein gender discrimination was seen in a holistic manner. She shared that the early days of SBS involved campaigning around police and state brutality in the immigration system- high point of campaigning around virginity test for example. SBS now operates a specialist centre for women who experience violence and abuse within the family. Whilst the centre was centre was originally set up in 1982 to cater for the specific needs of black women in the locality, in practice it has come to be used by South Asian women from around the country with an age group from 15-70. All the major religions were covered. Findings of Southall Black Sisters:
It was found that domestic violence impacts women across the board, ethnicity, nationalities and culture. Responses to violence and abuse and the coping mechanisms adopted in negotiating violence whilst very similar can however be shaped or influenced by cultural and religious traditions in which women live. The victims suffered from problems such as trauma, depression, post traumatic stress disorder which is often directly related to experiences of abuse. Despite the seriousness of the crime, it was found that women still went back to their husbands and continued to face torture. The inability to psychologically cope with isolation and live independently were the main factors for their return along . Majority of South Asian women have contemplated or at least have attempted suicide at one point in their lives.
Some of the major issues that the centre deals with are domestic violence, rape, sexual abuse, forced marriage and related problems of homelessness, matrimonial issues, poverty and trauma. 5
Effective Models of Intervention adopted by Southall Black Sisters A. Advice and Advocacy on issues of gender related violence and immigration. B. Lobbying and Campaigning for Change- highlighting their stories in the media and involving policy makers and politicians in their campaign.
The aim of these models were to encourage women to report violence and seek assistance and the short term goal and long term goal was to protect them from repeated abuse; overcome experiences of trauma and abuse. The backbone of work adopted by SBS was advice and advocacy which was not just about sign posting or referring women. It was about liaising with relevant agencies to ensure that women can access state protection, ensuring police reports are made, arresting and charging takes place, children are protected, housing and homelessness addresses. Often this meant challenging state response which involved legal challenges at an individual level. Counseling and support work was critical to build self confidence/self esteem/ creating skills that could help in creating self sufficiency. The types of activities involved were English and citizenship classes, art and drama therapy, residential and outings and awareness trainings. In addition, campaigning and lobbying were a major aspect of the work done by SBS with an intention to create shifts and reforms in law, most clearly in helping to shift attitudes in criminal justice system and judiciary, police and social services. She highlighted four major campaigns of SBS: i.
ii. iii. iv.
Forced Marriage Protection Act which means that marrying against a person’s will is a forced marriage and the person can go to the court. The court can attach a power of arrest to those who breaches the order. Domestic Violence Protection Kiran Ahluwalia case- shifting understanding of the context of domestic violence Suicide aggravated by domestic violence should be a punishable crime.
She shared that despite a very hostile climate, wider campaigning for long term changes had achieved spectacular success. One of the achievements of SBS was the Domestic Violence Rule, which took around 20 years to be passed. It recognized the intersection of gender and the fact that immigration produces higher levels of vulnerability and risks. It now enables women to apply to remain in the UK as victims of domestic violence. Furthermore, they would not be destitute, since the UK government would provide them with shelter. Additionally, evidential requirement has relaxed and decisions are being fast tracked.
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Strength of the Holistic Model Caters for all immediate needs Provides critical, life saving and life transforming front line services so that at an individual level, women can life safely Advocacy and support work provides legitimacy to the representatives on behalf of a wider group of women Advocacy provides critical insights which help to develop policy/research on GBV as a continuum of violence experienced and the conditions that are conducive to its occurrence Fundraising can be easier because of providing front line services as the outcomes are tangible
Weakness of the Model Focus can be dissipated The need to provide daily front line services always takes precedence and has to be prioritized Funding can be harder because project is much wider Campaigning and lobbying can be compromised by funding Depends on alternatives sources of housing and welfare and financial support being available- critical for front line services-alternatives must be genuine alternatives
Dr. Ritu Mahendru stressed that internal migration in India can easily put women into difficult situations. A range of intersectional factors such as caste, class, marital status, employment status can affect their lives which should not be ignored. Providing support and care to the migrant community is a major challenge which has to be dealt with meticulously. It is important to understand how the UK model can also be utilized in the Indian context, both in the private and public context. The methods of advice and advocacy as well as campaigning can be replicated in India. Issues of raising funds to support women can also be used. She asserted that women should be brought at the forefront of every agenda. Instead of sweeping cases of violence and harassment under the carpet, there is a need to challenge the obstacles. Further to this, she highlighted the need to campaign for a national policy on VAW.
Making Links between Health and Violence Against Women Dr. Joe Thomas, Director, Technical Support Facility Dr. Joe Thomas spoke about the public health implication on VAW and the economic cost of violence in public health. When it comes to dealing with social issues, the states responds to it from an economic point of view. The trend of the Indian State is to provide an economic solution for all social issues. Indian State is already moving towards Neo Liberal economic state. Therefore, the issue of domestic violence needs to be analyzed from the broader national political context. Second aspect of Indian state is that Indian politics is broadly based on emotional and sentimental issues rather than ideas to deal with domestic violence and gender equity. 7
The focus is mostly on caste, religion and sentimental issues rather than ideology. The notion of ‘statesmanship’ is lost from the Indian political scenario. Issues of domestic violence, equity should be a part of the current political dialogue. Although we talk about Shining India, there are more than two million deaths of children in a year. Statistics around the globe have confirmed the link between violence against women and female infanticide. Therefore, it is necessary to draw link linkages between these issues. The Indian system is currently based on hierarchy which should not be the case. In this context, he shared how these issues can be addressed: Need for a National Policy on VAW: None of the political parties in their political manifesto have included health as an issue. Issues such as gender and domestic violence are far-off. Accountable institutions that are supposed to protect the rights of women have not been effective in promoting women’s interests and are themselves unaware about the basic issues. They still do not have a clear understanding on the same. In this context, it is crucial to highlight the need for a national policy on VAW, particularly in the public and private space. VAW is not an issue between two private individuals but also responsibility of the state. State has a substantial responsibility towards every citizen to ensure support mechanisms, legal aid centers to ensure that safety is ensured. The definition of VAW needs to be understood in a broader context. For example, people from the North East are considered ‘different’ and are still not regarded as Indians thereby, making them more vulnerable to violence. Specific budget for gender issues to reduce the incidences of violence. In the recent Budget, health was not considered a priority. It is important to allocate adequate resources to deal with VAW. The accountable institutions should be aware about the issues of VAW and should have a clear understanding of the magnitude of data. Therefore, it is also important to work with stakeholders working as support groups and creating a network so they VAW can be addressed jointly. Engaging men and boys in preventing violence against women. Evidence has showed that there is a need to shift the focus to primary prevention which starts from school. In a patriarchal society, it is very difficult for men to give up aggression and violence. Therefore, it is essential to work with institutions of school and work on the issues of empowering women to the extent of exploring themselves.
Comments, Questions and Answers 1. The focus in the Ministry of Women and Children is mainly on children than women. Furthermore, only 20% of the budget is allocated for women. Issues like violence need to be focused by Women’s Ministry. As a part of the women’s movement, it is essential to advocate for separate, strong empowered entity for women.
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2. Q. Other countries have centers to provide front line services to victims. However, in the Indian context, setting up shelter homes for women has been problematic. The unspent money with the Ministry should be utilized to set up shelter homes for women which is an urgent need. How can organizations deal with logical issues such as inadequate funding, enormous number of women, sustaining women for an indefinite stay and rehabilitation of women to the next level? A. There is a need for national policies which addresses the gaps and challenges of resources, current policies, shelters, second stage housing. It is not only about raising consciousness since, it involves raising expectations. The question of fulfilling expectations can be challenging. In the context of UK, it has effective zero tolerance campaigns. Health clinics and institutions with posters of zero tolerance were widely circulated. But in order to ensure zero tolerance, resources have to be made available so that women can escape from violence. There is a National Strategy in UK to deal with such issues. The SBS has been developing a strategy so that the UK government incorporates them in the National Strategy. There is a need to build a network of NGOs so as to build a strong body and address the issue collectively. 3. When we talk about policies, it is important to understand how policies are set up. The Government does not usually address these issues on their own unless they are pressurized. The Government was forced to enact the current laws on Rape and Domestic Violence. There is a need to sensitize the young mass at the educational institutions and grassroots level. In institutions such as Amity, there is a Human Rights Value Quarters where discussions on violence on campus are often brought up. Similarly, people from the grassroots level can also be sensitized. 4. In Mauritius, the Ministry of Women and Children campaigned untiringly for preventing domestic violence. They visited schools and hospitals to inform them about what domestic violence was and how they could be identified. The Catholic Church in Mauritius organizes premarital counseling course for those who plan to get married and for newly married couples. Ironically, in India, the focus during marriage is usually on the bride’s attire and wedding preparations. Orientation on the boundaries of domestic violence and how they should deal with them are absent. This huge gap needs to be addressed. There is a dire need to focus more on prevention of domestic violence. 5. Talking about violence against women in hospital, it was highlighted that HIV positive women are further victimized during pregnancy. One of the participants shared a case of a cesarean woman who had to pay extra money because of her HIV positive status. Incidents like these need to be documented and recorded for campaigning. 6. Q. When we talk about policies, it has to be evidence based. Most of the studies on DV are based on secondary analysis. Since India has a huge concept of social acceptability, how is it implemented in UK? A. The standard understanding is that there is a need to create evidence to make policies that are based on values and norms which are set by us. These norms and values are not necessarily based on evidence. However, there is a need to create data. Till date there is no 9
epidemiological study on violence. Looking at epidemiology of violence against women, there is no state domestic violence data collection. From this point of view, there is a need to focus on values and norms besides data. The method of policy making is still in its infancy stage in India. There is a need for central statistics on a state by state basis. The issue of violence against women needs to be discussed thoroughly. The state should provide a much needed detailed data for domestic violence.
Street Play on Domestic Violence in the Uniformed Service A street theatre group performed a heart touching play depicting domestic violence in the uniformed services. The purpose of their play was to create an understanding of how domestic violence affects the overall working and performance of a soldier and his family especially his wife. The group mainly comprised of youths who uses theatre as a powerful tool to raise awareness in urban communities with high risk of violence against women. By using performing arts as a strategy for sensitization, the group showed how women are considered inferior in the society, and how ideology is passed on from generation to generation. The play highlights different kinds of violence inflicted on a woman from physical, economic, verbal and emotional. It shows the need to raise voice against the atrocities committed by soldiers/officers and reinforces the fact that women too have rights which need to be respected by family members. It demystifies the myth that tension from work gives a person every reason to exert domestic violence on their spouse. Observation of the participants:
Rather than focusing only on the problem and challenges, there is a need to portray how men and women should behave in a society in order to create harmony with each other. Both the sides of the coin need to be highlighted so that there is a balance between the two. The issue of domestic violence cannot be addressed solely by women alone. It is essential to engage boys and men as well as other stakeholders in the process. Domestic violence cuts across caste, class, religion, age, and education. While a greater proportion of low caste and less educated women report violence, even highly educated women report violence in large numbers. Hence, there is a need to break the myth that violence occurs only in the lower strata of the society. Sensitization at an early age is a must. Schools have an important role in changing the current ideologies of men and women. There is a need for a multi-sectoral approach to deal with domestic violence. Need for national policy and for that there is a need for force that pressurizes the policy makers. Land alienation and the absence of property further weaken the position of women. Domestic work is still not included in the Sexual Harassment Act. Even women are not fully sensitized. While formulating policies there is a need to include domestic workers. Need to know what marriage is about. Domestic Violence is not restricted to married couples. 10
NRI Women and Legal Recourse Smirti, Humans Rights Law Network Ms. Smriti from Human Rights Law network spoke on the current scenario of NRI marriages. She highlighted that when women are married, they are oblivious about the marital status of their husband and his career. It was found in most cases that men were already married and the sole purpose of their marriage was for domestic work. Findings of a recent study showed:   
Around 20,000 women had not seen their husbands after honeymoon. Women were stranded at the airport. Women were kidnapping their own children.
Women felt that they were always stuck because of the absence of uniform civil code for marriage. In such cases, they can ask for maintenance and custody of the child. There is a lack of awareness about their rights and how to seek help renders these women more vulnerable to continued and escalating abuse by their husbands. A lot of instances reveal that there exists no awareness even among the judiciary. In addition, the gender insensitive property laws further make it difficult for women to access property. In the context of UK, organizations like SBS are trying to help women who are stranded or abandoned. If children are left in UK, the High Court has issued important guidelines to permit the abandoned women to return to UK as a victim of domestic violence. Women are connected to NGOs for legal aid. The judge can make an order instructing the family that has abandoned the victim to pay for her to stay in UK. But such cases are only applied where children are involved. Domestic violence is not limited to married couples but also includes former partners, parents and children. It is important to understand the definition of DV.
Session 2: The Domestic Violence Act and the Lacunas Ms. Monica Joshi, Human Rights Law Network Ms. Monica Joshi spoke on the implementation shortfalls of the Protection of Women from Domestic Violence Act, 2005. She explained that the definition of domestic violence states that if there is any form of violence/abuse causing harm or injury to the physical and/or mental health, such cases can be filed at the court. Any harassment for dowry also comes under domestic violence. Domestic relationship, she said is a relationship between two persons who live or have, at any point of time lived together in the shared household; includes relations of consanguinity, marriage or through relationships in the nature of marriage, adoption or joint family. She stressed that laws can be useful if understood properly. She clarified that domestic violence does not always start after marriage. According to her, one of the great obstacles to implementation and to end domestic violence is the belief that wife beating is, to an extent justifiable. She highlighted the key sections of the Domestic Violence Act. 11
Key Sections of Protection of Women from Domestic Violence Act Section 12: Allows the aggrieved person or a Protection Officer or any other person on behalf of the aggrieved to present an application to the Magistrate seeking one or more reliefs. The Magistrate shall fix the first date of hearing, which shall not ordinarily be beyond three days from the date of receipt of the application by the court. The Magistrate shall endeavor to dispose of every application within a period of sixty days from the date of its first hearing. Section 14: direct the respondent or the aggrieved person, either singly or jointly, to undergo counseling with any member of a service provider who possesses such qualifications and experience in counseling as may be prescribed. Section 18: Protection order provides protection where women is residing be it workplace, house, rented house; Section 19: Right to residence, where a woman gets married has the right to reside in the respective place; restraining the respondent or any of his relatives from entering any portion of the shared household in which the aggrieved person resides Section 20: Monetary Funding may direct the respondent to pay monetary relief to meet the expenses incurred and losses suffered by the aggrieved person and any child of the aggrieved person as a result of the domestic violence and such relief may include food, health expenses, etc Section 21: Custody orders grant temporary custody of any child or children to the aggrieved person or the person making an application on her behalf and specify, if necessary, the arrangements for visit of such child or children by the respondent: Section 22: Compensation orders grant temporary custody of any child or children to the aggrieved person or the person making an application on her behalf and specify, if necessary, the arrangements for visit of such child or children by the respondent: Section 31: Penalty for breach of protection order by respondent. In case the aggrieved does not want to file a case, they can ask for compensation.
Monitoring and Evaluation of Support Services Ms. Philarisa Sharma: Lawyers Collective Women’s Rights Initiative Ms. Philarisa Sharma shared the finding and challenges of the Fifth Monitoring and Evaluation Report, 2012 on Protection of Women from Domestic Violence Act (PWDVA). The objectives of the report were to present a national picture on the implementation of PWDVA; identify skills and changes in knowledge, attitude and practices of the stakeholders in key focus state and identify best practices from different states. The methodology used was primary data on the infrastructure provided by different states through pre-conference meetings and NGOs 12
meetings, selective state visits to interview key stakeholders and analysis of the judgments of higher judiciary. Almost all state governments have organized trainings for various stakeholders under the Act. In 2011, Karnataka had initiated an impact assessment where participants were given two day pre and post training. The newly appointed independent Protection Officers (POs) in Kerala had attended intensive induction training programs on the implementation of the Act. However, most of these capacity buildings and trainings do not offer much. The appointment of independent cadres of POs was done on a contract basis. There have been unique practices adopted in Kerala and Karnataka. In Karnataka, independent Pos have been appointed through departmental promotion and 24 officers were soon to be appointed. In Kerala, 14 posts of independent Pos have been created. These independent POs are attached to the District Probation Offices. Speaking about the concerns of POS with additional charge, Ms. Phalarisa Sharma explained that they had an advantage of the status of public servant and the availability of infrastructure although the disadvantage of overburden, lack professional skills to deal with DV cases. The independent cadres of Pos appointed did not enjoy the status of public servant which hampered their functioning, lack of infrastructural support staff and even basis amenities like computers and the lack of support staff, poor salary. Domestic incident report is a record of grievance made to the PO by the aggrieved person. Eventually a copy of the same is submitted to the magistrate along with the application on the basis of which the aggrieved person is given relief. In the past two years, there has been no systematic or uniform practice followed by the magistrates in terms of acceptance of DIR along with the application. The main concerns with Pos were filing DIR. Unfortunately; DIRs are filed only when a woman decides to take the case to the court. The POs often indulge in counseling. It has been seen that there has been an increase in counseling perpetrators not to continue violence and the aggrieved person to go back home. Settlement and compromise of the case has been seen as the benchmark of POs success. Service providers have been functioning without any government funding and are unaware of their role.
Concerns with Service Providers Not recognized as public servants FCCs are notified as SPs but no additional fund provided Their visibility has slowly dropped Lack of recognition by Judiciary Lack of uniform protocol leads to confusion
Concerns with Judiciary Differing interpretations has lead to diverse practices often in contradiction to the spirit and intent of the law Courts have not been passing orders within 60 days as mentioned under the Act While women are filing detailed complaints of sexual violence, courts do not specifically note the existence of 13
sexual violence in the orders passed  In most cases, Judiciary not seeking the assistance of the POs/SPs/MFs  Encouraging interventions of Loknyalayas, Senior lawyers than skilled counselors
The order analysis of the Judiciary revealed an increasing trend in the number of cases filed by widows and unmarried women and women in relationship in nature of marriage. It was found that relief had been granted in most cases. Key Recommendations: 1. Pre litigation Counseling and Court directed counseling to be done by professional Counselors, SPs and NGOs who have experience and training in counseling and gender sensitivity. 2. Separating POs from police stations will leave the police and POs to perform their respective law enforcement duties. 3. Nodal Departments to issue Circulars : a. Specifying role of Stakeholders b. Coordination Committees to be strengthened and be directed to submit minutes c. Directions to POs to maintain registers d. No counseling to be done by POs e. Record settlements f. SPs to be directed to fill DIR, maintain register and record all details. 4. A uniform reporting system should be developed and incentives & /or strict action to be taken to ensure mandatory submission 5. Conduct gender sensitization training of all the stakeholders. 6. NALSA to issue directions to have a panel of lawyers to deal with DV cases. 7. Training of the judicial officers is highly recommended. New inductees to receive training on PWDVA. 8. Judges must be aware of the provisions of the CEDAW and other international protocol. 9. Concerned High Courts to issue standard practice directions as regards clarifying important aspects of law, interim and ex parte orders, time period for final orders, guidelines for granting compensation to women.
Facilitating Violence Free Lives for Women: i. Measurement and Strategy Framework Ms. Anusha Chandrasekharan, Praxis 14
Ms. Anusha Chandrasekharan shared some of the experiences of Praxis using the rights based framework on the issue of VAW. As a part of the strategy planning, the main aim was to alter the power relationship from women as ‘victims’ to women as ‘change agents’. While facilitating right based strategy framework various factors have to be considered. The idea was to understand whether the benefit is for the individual or a group as a whole. The question of interdependence and inter relatedness which can be seen in the form of personal empowerment and whether the symptom should be focused or the root cause of violence. While talking about rights, entitlements and strengthening the accountability of the duty bearer, Ms. Anusha said that it is necessary to look at rights which are claimable, available and accessible. From the right-holders point of view, it is the question of enabling the participation rights of right holders which comes with awareness, negotiation and claiming their rights. In order to understand the nature of issues of women and their significance, it is necessary to
Link these issues to appropriate rights (right to bodily integrity, safety). Analyze the cause of every issue and for each cause there should be a responsibility analysis.
Women’s participation is instrumental as stakeholders for social transformation in the public and private sphere. Right approaches involve the capacity to claim rights and the capacity to obstruct the claiming of rights. Empowered participation including the rights to be heard is necessary to attain rights. In some cases women move from invisible to hidden and later visible. Voices are hidden as decision making is controlled by powerful actors. A visible process of claiming the rights would be a scenario where the expression of rights is the highest. Three kinds of approaches were highlighted: i. ii. iii.
Demand Generation - awareness and capacitating Creating political capital – mobilization, campaigns and legal actors Capacitating Duty-bearers- model development and sensitization
There is a need to capacitate and sensitize duty bearers, capacitating right holders and creating capital. When these three are brought together, a stage where the rights and entitlements are realized reached moving towards empowerment.
ii. Framework and tools to map changes and level of empowerment Ms. Sharmistha Sarkar, Praxis Ms. Sharmistha Sarkar said that Praxis is helping Oxfam to develop a participatory monitoring and evaluation framework for their program on implementing DV in a holistic manner in five different states. Looking at the existing monitoring space, it was seen that there was no space for survivors, less space for participation of survivors, not evidence based, and no inclusion of voices of primary stakeholders. There is a need to look at sustainability and ensure inclusion. 15
Looking at the implementation of Domestic Violence Violence,, the M&E framework has four parameters namely Social Inclusion, Community Participation Participation, Outreach and Sustainability. The major project components are community mobilization, institutional support and advocacy. The M&E framework is monitoring three major key factors namely mapping of outcome, process mapping and mapping of change change. Mapping of Outcome
Process Mapping
Address transformation phases: from victim towards survivor Outreach progress Linkages & networking Empowerment process Community mobilisation process Social Inclusion
Articulation of processes Its significance Cross analysis of causes
Mapping of Change
To map significant changes To create a road map of changes – policy implication, strengthening institutionalisation to provide support, community mobilisation,
She emphasized that it is essential to monitor change for various reasons:
To o create its own theory of change Easier to do intersectional analysis of various parameters To use flexible format which helps to articulate innovations To identify impact of campaign based effort through perception perception-based based changes To increase accountability at all level
The transformation path of a victim to an empowered citizen:
Victim Denial
Survivor Claims Rights
Change Agent Creates space
Empowered Citizen Asserts her rights & entitlments
She concluded her presentation by pointing out that the tools for M&E help to identify elements of empowerment, provides premises for structured open discussion, structured open discussion and helps to see how a survivor has asserted her rights in terms of position, power, resources and self dignity.
Comments: 1. Q. Is the definition of Domestic omestic Violence A Act limited to male violence to women? A. In the UK context, xt, domestic violence is defin defined as violence in the intimate partner or the family context. Domestic vviolence iolence can also include violence from women to women 16
such as mother in laws. Daughter in laws can be more vulnerable in such cases. The definition of female respondents is covered in the Act. 2. The act of abandonment of single women is an abuse in itself. SBS has been working on the campaign to address this important issue. 3. Q. How many women benefit from the Domestic Violence Act? A. Order Analysis is being done to monitor the number of cases. A comparative analysis has been done which shows that there has been a change in the attitude of judges. Nowadays, judges have been passing protection orders on the basis of their verbal complaints without much evidence. 4. There are a host of psychological factors which are at play in the event of domestic violence such as guilt, humiliation, sociopathy, low esteem and isolation. Few of the perpetrators also require psychological help. A lot of battered women come with complaints but unfortunately many want to conceal it. In the West, it is compulsory for the doctor to apprise the law enforcement agencies of such events. In India, under the name of confidentiality have not been able to report such cases. Punishment should be a deterrent. Victims need to understand that violence of any form should not be tolerated and should be reported. Medical professionals have been excluded from the discourse of domestic violence. Agencies like Maitri can put in their efforts to make medical agencies more proactive to address the issue of VAW.
Session 3 Importance of Individual Narratives and Emotions in Advocacy Work Ms. Pragna Patel said that ‘My Second Name is Honor’ is a documentary film about intimate partner violence, facilitated by SBS. The ten minute film explains how honor and shame are powerful patriarchal concepts used to control women’s lives in different ways. In the name of tradition, women have to accept the kind of marriage that her parents have chosen. The ‘honor’ of the family rests on the conduct of women. They are expected to be obedient and submissive to their husbands and families. South Asian women are upto three times more likely to commit suicide as a result of oppressive practices in the family such as domestic violence and honor based violence. The Met Police estimated that there are around 12 honor killings a year in the UK. When a woman is suffering from violence, it is important for her to seek for help. Ms. Pragna shared that the nice minute film apart from giving a sense of the work SBS does, also serves to illustrate the transformation that takes place when women are given a safe space to report their experiences. The process of transformation from victims to survivors is empowering. The act of recording their stories itself is empowering. The victims shared what honor meant to them- freedom, equality and living free from violence and abuse. 17
The key messages of the documentary were:
Violence can occur from the whole extended family and is not limited to the husband alone. Parents, cousins, wider community can also be the perpetrators of violence. Honor can be the main motivating factor of violence and killings and at the same time can be used to prevent women from leaving an abusive marriage. All women are entitled to protection and support from gender based violence including crimes perpetrated in the name of honor.
The making: ‘In the Name of Honor’ Ms. Meena shared that initially when battered women join the support group they are frightened. On an average, there were around ten to twelve members in a group involved in the film. It was scheduled for six weeks and later got extended to ten weeks due to the preparatory process. What was most inspiring according to Ms. Meena was to see them working as a team for the first time. Women readily agreed to be a part of the film to share their personal experiences so that such incidences are not repeated by others. The film was scripted by the victims themselves wherein they shared their personal story of violence. The first step while making the film was to sign a contract to prove that they had voluntarily participated in the film. Later, everyone involved in the film wanted to disclose their real name, which initially they had not agreed to. Transformation of Uzmes, the protagonist of the film was visibly seen. She shared that she can now talk about her experiences boldly. It is important to understand that confidentiality is a key factor during the transformation.
Comments:
It is difficult for India to replicate the model adopted by UK as it is not a welfare state. Individual narratives are important as it gives legitimacy to change public perceptions. When the accounts of women’s stories are brought out, it provides new scripts of women’s options in responding to violence and abuse. Most importantly, the culture of denial and secrecy can be broken through narratives. Not only does individual narrative raise awareness but it also helps to raise the self esteem of the survivor.
Honor is one of the most important factors that discourage women from leaving an abusive relationship. There are two manifestations of honor. First is the honor killing in the name of protecting the family name and the second, is the control and constraining factor.
In India, domestic violence is a hidden problem. Most women don’t like to talk about their abuse because of the prevalent culture of silence as well as the family/societal pressure. In such cases, it is important to talk to them, counsel them and encourage them to see themselves as independent individuals. Counseling sessions include the impact on their children’s lives; risking their own life; impact on their health and children’s 18
future. Counsel them about how it can impact their children behavior. Counseling is about breaking the vicious cycle of violence and encouraging them to join support groups and networks.
The issue of power dynamics is of vital importance. Dealing with domestic violence involves signing the consent form to respect the victim’s privacy. Reporting such cases with signing the form is a right violation. The issue of ethics needs to be seriously considered. However, the process of consent is much more important than just a consent form. In a hospital, although consent forms are used, in practice this does not happen. Such cases should be seriously considered.
There are two important factors that have to be borne in mind while dealing with domestic violence survivor’s i.e trust which ultimately leads to legitimacy. Trust is built with legitimacy. Likewise, professionalism with empathy and compassion is also crucial.
Ms. Deepika, shared her personal story of her failed love marriage, as it was against her family norms and values. She was forced to leave her husband’s house. She then decided to join Maitri and work to fight against domestic violence.
Discussion
Advocacy and Case Studies require strict guidelines on maintaining files and at the same time a certain standard has to be met. For example, there is a need for client care letters. Likewise, closing files require certain rules for auditing.
Issue of women returning to the abusive relationship is not new. Statistics in UK shows that women will leave her home 35 times before she actually leaves her home. This clearly shows the powerful structure of the society which makes it difficult for women to leave. While handling such cases, it is important to remind the victims about the consequences of their return.
It has been found that most women return to their destructive relationship as they cannot handle isolation. This is one of the most important reasons why domestic violence is not taken seriously by the police and reports for such cases are not filed. Leaving their husband was not seen as an option in India. Hence, women continued to stay in abusive relationships.
Corruption was identified as one of the challenges for reducing domestic violence.
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Concluding Session Dr. Joe Thomas informed that the purpose of the concluding session was to:
Discuss the idea of creating a VAW Forum Launch Maitri’s Hero campaign Summarize the session
Recognizing the need to set up a space for people to communicate, discuss and lobby with stakeholders on the issue of violence against women, Ms. Winnie Singh felt that it was an excellent idea to launch a forum, irrespective of the fact that it is an eforum or a physical forum. This would in turn empower the person involved as well as others who are engaged in it. Some felt that it should be restricted to an eforum so that people who want to share their personal stories could do so by maintaining their anonymity. There is a need to set up a helpline for women to ventilate their problems and share their personal stories. Ms. Winnie Singh said that she has given her number on all the social sites wherein she receives at least five to seven calls per day to discuss the issues of domestic violence. Similarly, others said that the forum could help to advocate with the government on important policies with regard to domestic violence. However, some highlighted the need for a physical forum; media personnel should be involved during the process of formation so that the forum receives significant national attention. The participants shared that at the formative stage, the forum should be an online e-forum in order to avoid budget constraint. Ms. Winnie Singh suggested that the youth of Amity Law School can also be engaged in this process to spread awareness at a large scale level. The Legal Aid Centre in Amity Law School can also be involved in the process. Ms. Pragna Patel proposed that there are two ways of looking at a forum. It can either be a discussion forum which spreads awareness or a focused forum with a particular objective. If every issue on domestic violence is discussed, there is a possibility of the forum to lose its focus. She suggested for a need to launch a national discussion forum which would limit itself to the national strategy on VAW. According to her, it would be more strategic if people can post case studies on their own, ngos can post their views and comments on what a national strategy should contain and how the strategy should look like and share the process of using the national strategy to lobby for change. In this context, the purpose of the forum can be that which raises awareness or where members meet to discuss on the national strategy issues of domestic violence, hence, a physical group as well as an e forum. However, it is multi pronged because the national strategy in itself is massive. Therefore, people from different sectors should be involved. This will in turn provide a shape, a forum where people will be invited to share the structure, framework and elements of the national strategy on violence against women. 20
Dr. Joe Thomas asserted the mission statement of the forum i.e a forum to promote a need for national strategy or a national policy on VAW who would meet once or twice a year. If the forum is labeled as a feminist forum it might weaken the objective of the forum which may create an obstacle to push the agenda forward in the Indian context. Ms. Sonal Singh Wadhwa shared that like other NGOs, the chapters can be mobilized from every part of the country. Dr. Joe Thomas summarized that the forum as a feminist agenda, and the goal of the forum is to promote/demand for a national policy on VAW. Highlights of the summary: 1. Consensus to create a forum The house will nominate a team to carry the framework forward Maitri will draft a preliminary concept note to take the idea of creating a forum forward Six members will be nominated for the preliminary task team 2. The focus will be to highlight the need for national strategy/policy/framework for VAW. 3. The members of the eforum which can meet once or twice a year. 4. All the participants present in the workshop will be a part of the forum. 5. Furthermore, the participation will also be expanded to other networks. Few participants shared that there is a need to reach out to the rural population as well. However, Mrs. Winnie Singh clarified that by networking with other organizations, it will be possible to link with other groups and people around the world. Dr. Joe Thomas shared that there is a need for consensus and legitimacy to take this statement forward. He said that the first phase is to create legitimacy for the forum. Ms. Pragna Patel asserted that the national strategy deals with so many agencies, therefore it is essential to reach out to other NGOs that are working in health, sexual reproductive rights as they may be promoting the needs to address violence against women. LAUNCH OF A FORUM TO END VIOLENCE AGAINST WOMEN Theme “ Demanding for a National Policy on Violence Against Women” The overall objective of these discussions are to: - Share information, experiences and perspectives - Stimulate discussions on the need for national strategy on violence against women The forum may be virtual and the members may meet once or twice a year. All the members present at the workshop will be a part of the forum. The forum may be promoted by the media in other vernacular languages as well. The forum will link with networks and other agencies. Maitri will provide space to take the idea of the forum forward. 21
The greatest challenge of the forum is that it may be comprise of an elitist group. Ensuring the consensus among different groups is a major challenge. One of the greatest dangers in Delhi is to create an inclusive movement. Ms. Sonal Singh Wadha shared that Maitri’s focus has been to sensitize and engage with men and boys to end domestic violence. The whole idea of Maitri’s HERO pledge was to involve men as a part of the campaign to reduce VAW. She gave a brief insight on the pledge and encouraged the participants to join Maitri in their effort to end violence against women. In addition, Ms. Pragna said that isolation from families and friends should also be added to the pledge. Ms. Sonal Singh gave the vote of thanks and concluded the workshop.
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