Press statement of Special
Rapporteur on Violence against women, its causes and consequences finalises
country mission to India:
Submission to the UN Special
Rapporteur on violence against women by PVCHR:
The vicious cycle of
exploitation and injustice with women:
Increasingly,
however, states are seen as responsible for protecting the rights of women even
in connection with offences committed within home. The challenge is to end
impunity for the perpetrators as one means of preventing future abuse.
Special Rapporteur on Violence
against women, its causes and consequences finalises country mission to India
NEW
DELHI (1 May 2013) – At the end of her official country mission to India, the
UN Special Rapporteur on violence against women, its causes and consequences,
Ms. Rashida Manjoo, delivered the following statement:
“I
have been mandated by the Human Rights Council to seek and receive information
on violence against women, its causes and consequences, and to recommend
measures to eliminate all forms of violence against women.
I
would like to begin by expressing my thanks to the Government of India for having
invited me to visit the country from 22 April to 1 May. The invitation, which
was in response to a request from my mandate, was received prior to the events
that led to the death of a young woman in Delhi on 16 December 2012. The
protest actions and outpouring of sadness and anger; and the extensive coverage
by the media, both local and global; has generated a huge focus on the issue of
violence against women and girls in India.
This mission has generated country-wide interest, and also, demands for
the addressing of this systemic problem as an urgent imperative, at both the
State and the non-state levels.
During
my visit, I held meetings in New Delhi, Rajasthan, Gujarat, Maharashtra and
Manipur, and gathered information from other states, including Tamil Nadu. I am
grateful to all my interlocutors, including Union and State authorities,
National Human Rights Institutions, representatives of civil society
organisations, and United Nations agencies. Most importantly, I want to thank
the individual women who shared their personal experiences of violence and
survival with me. The pain and anguish in the testimonies of loss,
dispossession, and various human rights violations, was visceral and often
difficult to deal with.
The
Government of India has signed and ratified numerous international human rights
instruments and has also adopted numerous progressive laws and policies at the
Union and State levels. Numerous laws, including amendments to existing laws,
have been enacted to address various manifestations of violence against women.
Among others, these include: the Indian Penal Code which broadly includes
crimes against women. This law includes the crimes of rape, kidnapping and
abduction for specified purposes, homicide for dowry, torture, molestation, eve
teasing, and the importation of girls, among others. More specific laws on
crimes against women include: the Criminal Law Amendment Act 2013, the Sexual
Harassment of Women at Workplace (Prohibition, Prevention and Redressal) Act
2013, the Protection of Women from Domestic Violence Act 2005, the Indecent
Representation of Women (Prohibition) Act 1986, the Scheduled Castes and the
Scheduled Tribes (Prevention of Atrocities) Act 1989, the Dowry Prohibition Act
1961, the Commission of Sati Prevention Act 1961, and the Immoral Traffic
(Prevention) Act 1956 among others.
Furthermore,
the following Bills are currently under discussion: the Indecent Representation
of Women (Prohibition) Amendment Bill 2012, the Readjustment of Representation
of Scheduled Castes and Scheduled Tribes in Parliamentary and Assembly
Constituencies Bill 2013, the Removal of Homelessness Bill 2013, the Prevention
of Female Infanticide Bill 2013, the Abolition of Child Labour Bill 2013, the
Child Welfare Bill 2013, the Indecent or Surrogate Advertisements and Remix
Songs (Prohibition) Bill 2013 and among others.
At
the institutional level, the realisation of the promotion and protection of
human rights broadly, and women’s rights and children’s rights specifically,
are vested in numerous Union and state level Ministries, Departments,
Commissions, Committees and Missions for the empowerment of women. Furthermore,
I was informed about numerous programs and policies that have been put in place
in recent years to address the issue of violence against women within a human
rights and development framework. These include schemes addressing the needs of
victims of rape, trafficking, domestic violence, and so on. Some of these
schemes address counselling, support, skills development, access to benefits
and also to shelters. Public/private partnerships have been forged within
different spheres including the police sector. The laws and schemes highlighted
above will be analysed and discussed fully in my mission report.
I
welcome the Government of India’s speedy response after the rape incident of 16
December. A judicial committee headed by the late Justice Verma was
established, and new legislative measures were adopted earlier this year. While
this legislative reform is to be commended, it is regrettable that the
amendments do not fully reflect the Verma Committee’s recommendations.
It
is unfortunate that the opportunity to establish a substantive and specific
equality and non-discrimination rights legislative framework for women, to
address de facto inequality and discrimination, and to protect and prevent
against all forms of violence against women, was lost. The speedy developments
and also the adoption of a law and order approach to sexual wrongs, now
includes the death penalty for certain crimes against women.
This
development foreclosed the opportunity to establish a holistic and remedial
framework which is underpinned by transformative norms and standards, including
those relating to sexual and bodily integrity rights. Furthermore, the approach
adopted fails to address the structural and root causes and consequences of
violence against women.
The
Protection of Women from Domestic Violence Act is a positive development in the
aspirational goal of protection for victims of family violence.
The
discrepancy between the provisions of the laws and the effective implementation
thereof, whether through the use of the police generally or the Protection
Officers in particular, was a recurrent complaint which I heard. Despite
provisions intended to offer legal, social and financial assistance to victims,
many women are unable to register their complaints. As a result, the
vulnerability of women increases, and further, they are also deprived of the
benefits prescribed in the law - as proof of registration of cases is required
for access to many benefits. Furthermore, prevention of violence, as a core due
diligence obligation of the State, does not feature in the implementation of
this law.
Despite
numerous positive developments, the unfortunate reality is that the rights of
many women in India continue to be violated, with impunity as the norm,
according to many submissions received. Mediation and compensation measures are
often used as redress mechanisms to address cases of violence against women,
thus eroding accountability imperatives, and further fostering norms of
impunity.
Manifestations of violence
against women
Numerous
experiences of violence, whether direct or indirect, in different spheres
including the home, the community, and in institutions, whether perpetrated by
state actors or condoned by the State, was shared with me during the mission.
Violence is being experienced in situations of peace, conflict, post-conflict,
and displacement among others. The denial of constitutional rights in general,
and the violation of the rights of equality, dignity, bodily integrity, life
and access to justice in particular, was a theme that was common in many
testimonies. Violence against women as a cause and consequence of de facto
inequality and discrimination was also a common theme in numerous submissions
received.
Violence against women and
girls in India manifests in numerous ways and varies in prevalence and forms
based on numerous factors including geographic location. Some manifestations
include: sexual violence, domestic violence, caste-based discrimination and
violence, dowry related deaths, crimes in the name of honour, witch-hunting,
sati, sexual harassment, violence against lesbian, bisexual, and transgender
people, forced and/or early marriages, deprivation of access to water and basic
sanitation, violence against women with disabilities, sexual and reproductive
rights violations, sex selection practices, violence in custodial settings and
violence in conflict situations, among others. These manifestations of violence
are rooted in multiple and intersecting forms of discrimination and
inequalities faced by women, and are strongly linked to their social and
economic situation. One interlocutor described violence against women and girls
as functioning on a continuum that spans the life-cycle from the womb to the
tomb.
During
my visit, I heard numerous testimonies of many women who are survivors of domestic violence, whether at the hands
of their husbands or other family members. Many of these women live in family
settings with deeply entrenched norms of patriarchy and cultural practices
linked to notions of male superiority and female inferiority. The lack of
effective remedies, the failure of the State to protect and prevent violence
against women, the economic dependence of many women on the men in their lives,
and the social realities of exclusion and marginalization when speaking out,
often results in women accepting violence as part of their reality. The current
focus by state actors on preserving the unity of the family is manifested in
the welfare/social approach and not in the human rights based approach. It does
not take into consideration the nature of relationships based on power and
powerlessness; of economic and emotional dependency; and also the use of
culture, tradition and religion as a defence for abusive behaviour.
Sexual violence and harassment
in India is widespread, and is perpetuated in public spaces, in the family or
in the workplace. There is a generalized sense of insecurity in public
spaces/amenities/transport facilities in particular, and women are often
victims of different forms of sexual harassment and assault.
On
the issue of conflict-related sexual violence, it is crucial to acknowledge
that these violations are occurring at the hands of both state and non-state
actors. The Armed Forces (Special Powers) Act and the Armed Forces (Jammu and
Kashmir) Special Powers Act (AFSPA) has mostly resulted in impunity for human
rights violations broadly, according to information received. The law protects
the armed forces from effective prosecution in non-military courts for human
rights violations committed against civilian women among others, and it allows
for the overriding of due process rights.
Furthermore,
in testimonies received, it was clear that the interpretation and
implementation of this act, is eroding fundamental rights and freedoms - including
freedom of movement, association and peaceful assembly, safety and security,
dignity and bodily integrity rights, for women, in Jammu & Kashmir and in
the North-Eastern States. Unfortunately in the interests of State security,
peaceful and legitimate protests often elicit a military response, which is
resulting in both a culture of fear and of resistance within these societies.
In
India, women from the Dalit, Adivasi, other Scheduled castes, tribal and
indigenous minorities, are often victims of a multiplicity of forms of
discrimination and violence. Despite protective legislative and affirmative
action laws and policies, their reality is one where they exist at the bottom
of the political, economic and social systems, and they experience some of the
worst forms of discrimination and oppression - thereby perpetuating their
socio-economic vulnerability across generations. They are often forced to live
in displacement settings, experience forced labour practices, prostitution and
trafficking, and also experience intra-community violations of rights.
In
consultations in Manipur, I heard anguished stories from relatives of young
women who have disappeared without trace or who were found dead shortly after
going missing. The lack of response from the police is the norm in such cases,
with the attitude being that these are mostly elopement cases.
I am deeply concerned about
other consequences of such disappearances of young women, including exposure to
sexual abuse, exploitation or trafficking. More generally, many tribal and
indigenous women in the region are subjected to continued abuse, ill-treatment
and acts of physical and sexual violence. They are denied access to
healthcare and other necessary resources, due to the frequency of curfews and
blockades imposed on citizens. Moreover, the chronic underdevelopment prevalent
in the region, coupled with frequent economic blockades, is having an impact on
the overall cost of essential items, and is exacerbating the already vulnerable
situation of women and children living in the region.
Customary and religious
practices such as child marriages and dowry-related practices, sorcery, honour
killings, witch-hunting of women, and communal violence perpetrated against
cultural and religious minorities, were highlighted in numerous testimonies.
Communal violence, inspired by religious intolerance, does manifest in some
parts of India.
Indiscriminate attacks by religious majorities on religious minorities,
including Christian and Muslim minorities, is frequently explained away by
implying that equal aggression was noted on both sides. Also, such violence is
sometimes labelled as ‘riots’, thereby denying the lack of security for
religious and other minorities, and disregarding their right to equal
citizenship. This issue is of particular concern to many, as the wounds of the
past are still fresh for women who were beaten, stripped naked, burnt, raped
and killed because of their religious identity, in the Gujarat massacre of
2002.
I
am also concerned about the declining female
sex ratio in India. The deeply entrenched patriarchal social norms,
prevailing views of daughter-aversion and son-preference, the dowry-related
link, and, the general sense of insecurity in light of high prevalence rates of
gender-based violence, is fuelling a significant drop in female births
throughout the country. The Indian Government’s concern about this issue has
resulted in the adoption of policies and schemes. The implementation of such
interventions is resulting in the policing of pregnancies through
tracking/surveillance systems and is resulting in some cases in the denial of
legal abortion rights, thereby violating the sexual and reproductive rights of
women.
With
regard to domestic workers, I am dismayed by the prevalence of numerous violations
faced by these women and girls. Many of them, often migrant and unregistered
women, work in servitude and even bondage, in frequently hostile environments;
performing work that is undervalued, poorly regulated and low-paid. According
to testimonies, they are also denied access to essential services and resources
provided by the State, as they lack proper identification, and view this as a
barrier to access. They are often the victims of various acts of violence,
including sexual harassment and victimization by their employers and others.
I
have also been informed that women with disabilities experience numerous forms
of violence, including sexual violence, forced sterilization and/or abortions
and forced medication without their consent. In addition, their experience of
discrimination, exclusion and marginalisation reinforces the need for greater
attention and specificity.
India
has embarked on a journey of aggressive economic growth and this path is viewed
as the route to simultaneously addressing its human development challenges.
Despite the inclusion of beneficial provisions for women and children in the
Five Year Plan, the impact of economic development policies on women is
resulting in forced evictions, landlessness, threats to livelihoods, environmental
degradation, and the violation of bodily integrity rights, among other
violations. The adverse consequence of resulting migration to urban areas is
reflected in the living and work conditions of many of these women and
children, for example living in slums or on the streets, engaging in scavenging
activities and in sex work etc.
Some
women have committed suicide; others are frequently exposed to acts of
harassment and violence, including sexual assault. It was strongly argued by
many interlocutors that India’s pursuit of neo-liberal economic growth must not
be pursued at the expense of vulnerable women and children, and their right to
a healthy and secure environment.
Conclusion
Numerous
human rights mechanisms have addressed the violation of women’s human rights in
India. The substance of some relevant recommendations addresses the following
issues:
- There is a need for urgent measures to end the
alarming decline in sex ratios (CEDAW, CRC)
- The negative effect of
personal status laws on the achievement of overall gender equality (CRC,
CCPR, and CEDAW). Such laws need to be reformed to ensure equality in law
(CEDAW).
- The social and cultural
patterns of discrimination against women require urgent action by the
State (CEDAW).
- Ensure that all victims of
domestic violence are able to benefit from the legislation on domestic
violence. Develop a comprehensive plan to combat all forms of violence
against women (CEDAW). Domestic violence is endemic. The Protection of
Women from Domestic Violence Act and Section 498-A of the Indian Penal
Code must be enforced effectively (CESCR).
- The implementation of the
Armed Forces (Special Powers) Act, the Public Safety Act and the National
Security Act, and the Armed Forces (Jammu & Kashmir) Special Powers
Act should be repealed (HRC, SR Summary Executions), as it perpetuates
impunity (HRC), and is widely used against Human Rights Defenders (SR
HRD).
- Grave concerns are noted
as regards the continuing atrocities perpetrated against Dalit women.
There is a culture of impunity for violations of the rights of Dalit women
(CEDAW). Concerns are further expressed for the failure to properly
register and investigate complaints of violations against scheduled castes
and tribes, the high rate of acquittals, the low conviction rates, and the
alarming backlog of cases related to such atrocities (CRC, CEDAW and CERD).
- The practice of devadasi
is of concern (HRC). The effective enforcement of relevant legislation and
the Indian Constitution is required to end this practice (CERD).
- To expeditiously enact the
proposed Communal Violence (Prevention, Control and Rehabilitation of
Victims) Bill, 2005 with the incorporation of: sexual and gender-based
crimes, including mass crimes against women perpetrated during communal
violence; a comprehensive system of reparations for victims of such
crimes; and gender-sensitive victim-centred procedural and evidentiary
rules, and to ensure that inaction or complicity of State officials in
communal violence be urgently addressed under this legislation.
- Grave concern is expressed
about the continued existence of women and girls employed as domestic
workers and their experiences of sexual abuse (CEDAW).
- Harmful practices on women
and girls, including forced marriage, dowry and dowry-related violence are
of great concern (CEDAW, CRC, CERD, and HRC). Violence and social
sanctions due to inter-caste relationships are also of concern (CERD).
- The impact of
mega-projects on the rights of women should be thoroughly studied,
including their impact on tribal and rural communities, and safeguards
should be instituted (CEDAW).
- Continuing disparities in
literacy levels are of concern, in particular the educational status of
scheduled castes, scheduled tribes and Muslim women (CEDAW). Effective
measures must be adopted to reduce the drop-out rates among Dalit girls
(CERD).
- More effort is needed to
end customary practices which deprive women from underprivileged classes,
castes and religious minorities of their rights to human dignity and to
non-discrimination (HRC).
I
would like to encourage the government of India to ensure specificity in
addressing the multiple and intersecting inequalities and discrimination that
women face. My mandate has consistently voiced the view that the failure in
response and prevention measures stems from Government’s inability and/or
unwillingness to acknowledge and address the core structural causes of violence
against women. Linkages should be made between violence against women and other
systems of oppression and discrimination prevalent within societies. A
legislative and policy approach will not bring about substantive change if it
is not implemented within a holistic approach that simultaneously targets the
empowerment of women, social transformation, and the provision of remedies that
ultimately address the continuum of discrimination and violence, and also the
pervasive culture of impunity.
My
comprehensive findings will be discussed in the report that I will present to
the United Nations Human Rights Council in June 2014.”
ENDS
Ms.
Rashida Manjoo (South Africa) was appointed Special Rapporteur on Violence
against women, its causes and consequences in June 2009 by the UN Human Rights
Council. As Special Rapporteur, she is independent from any government or
organization and serves in her individual capacity. Ms. Manjoo also holds a
part-time position as a Professor in the Department of Public Law of the
University of Cape Town. Learn more, visit: http://www2.ohchr.org/english/issues/women/rapporteur/index.htm
