Download - PWDVA Oxfam-India Presentation 23rd march
Handbook on Protection of Women Against Domestic Violence
Assessment of questions on domestic
violence in the Parliament
The Protection of Women from Domestic
Violence Act, 2005
International legal and policy instruments
and jurisprudence
Role of Judiciary
PWDVA
• Summary of the Act
• Definitions, role of the protection officers
• What is working in the law and what is not working in the law
Role of Judiciary
• Landmark judgments of the Supreme Court and High Courts
• Judgments that strengthen and substantiate the Act
• Reliefs granted to women in such cases
International instruments
• CEDAW
• General recommendations by the Committee on the Elimination of Discrimination against Women
• General comments Human Rights Committee
• International Convention on Civil and Political Rights
continued..
International Treaties and Conventions:
In addition to the international human rights treaties, other international instruments create obligations for States parties to enact legislation addressing violence against women. – The Protocol to Prevent, Suppress and Punish Trafficking in Persons,
Especially Women and Children – United Nations Convention against Transnational Organized Crime (the
Palermo Protocol), – The Rome Statute – Declarations and resolutions adopted by United Nations bodies – Reports by the United Nations Special Rapporteur on violence against
women
In South Asia, the South Asian Association for Regional
Cooperation (SAARC) has adopted the Convention on Preventing and Combating the Trafficking in Women and Children for Prostitution.
International instruments
Analysis of Questions regarding PWDVA in Indian Parliament
United Nations Declaration
“any act of gender-based violence that results in, or is likely to result in, physical, sexual or psychological harm or suffering to women, including threats of such acts, coercion or arbitrary deprivations of liberty, whether occurring in public or private life (United Nations, 1993)”
Violence against women includes:
Common types of Domestic Violence (worldwide)
Domestic Violence
Physical
Emotional
Sexual
Source:http://www.who.int/gender/violence/womenfirtseng.pdf
Heise et al, 1999
PWDVA
Domestic Violence Physical
Emotional
Sexual
Mental
Economical
This Act recognizes the following
Gender-Motivated Violence – you can be a Victim too!!
• Domestic Violence is not limited to a certain social or economic groups.
• There are no standard profiles for the abuser or the abused.
• “From the ivy league to a gun at my head” - Leslie Morgan Steiner, author of ‘Crazy Love’, a book based on a dark story of her relationship and surviving domestic violence. – Credentials: BA English, Harvard College
MBA, Wharton School of Business
Methodology
Duration – 1 month Focus – PWDVA Miscellaneous – researched attached
annexures
The Hunt –26th Oct, 2006 – 22nd
March, 2013
Relevant Department –
WCD
Parliamentary Angle – starred & unstarred
Analysis of questions on PWDVA raised till date in Parliament
Source: •http://164.100.47.132/LssNew/psearch/qsearch15.aspx •http://164.100.47.132/LssNew/psearch/qsearch14.aspx, •http://164.100.47.5/qsearch/qsearch.aspx
Questions by Parliamentarians
10%
90%
Starred Unstarred
14%
86%
Female Male
20%
80%
Starred Unstarred
26%
74%
Female Male
Lok Sabha Total questions – 30 3 starred & 27 unstarred
Total MPs – 43 Male – 37 Female – 6
Rajya Sabha Total questions – 35 7 starred & 28 unstarred
Total MPs – 27 Male – 20 Female – 7
Lok Sabha Rajya Sabha
Active Participants
Questions by MPs - LS
Active Participants
2 1
11
2 1
5 4
9
1 1 1
4
1 2
1
15
2 1
6 4
8
1 1 1
4
1
0
5
10
15
20
AIFB AITC BJP BJD BSP CPI CPI - M INC JVM (P) RSP RJD Shiv Sena SP
Members Questions
1
6
3
6 6
3 3
2
0
1
2
3
4
5
6
7
2006 2007 2008 2009 2010 2011 2012 2013
Number of Questions / Year
BJP has been the most active party, with one-third of total questions
The ruling party is the second most dominant party in raising questions related to PWDVA
Questions by MPs - RS
BJP, INC & CPI-M have been the most active
INC has maximum member participation
Active Participants
1
5
1
4
5
6
1 1 1
2
1
8
1
5
6
7
3
1 1
2
0
2
4
6
8
10
BJD BJP BSP CPI CPI - M INC IND SAD SP TDP
Members Questions
1
6
5
3
5
4
7
4
0
1
2
3
4
5
6
7
8
2006 2007 2008 2009 2010 2011 2012 2013
Number of Questions / Year
Educational Qualification of MPs
Most of the MPs asking the questions are well educated to bring the agenda to the table
In Lok Sabha, almost 80% - graduates and post graduates.
In Rajya Sabha, over 85% are graduates.
2
5
1
21
14
0
5
10
15
20
25
Intermediate SSC Pre University
Graduate Post Graduate
3
1
13
6
4
0
5
10
15
20
25
SSC Pre University
Graduate Post Graduate
Doctorate
Lok Sabha Rajya Sabha
BREAKING THE MYTH!
State
Number of Questions
Andhra Pradesh 4
Assam 1
Bihar 1
Goa 1
Jharkhand 3
Kerela 4
Maharashtra 3
Madhya Pradesh 1
Odisha 1
Punjab 1
Rajasthan 9
Tamil Nadu 3
Tripura 1
Uttar Pradesh 3
West Bengal 3
Questions by MPs state-wise - RS
Active States Inactive States
Happy Hour
effective measures for
implementation
budgetary allocation
came into effect
Timely disposal Amendments
/review
achievements
Questions often asked in both the houses
misuse of Act
Appointment of POs
increase/ decrease in number of cases
Protection Officers
Section 8 of the PWDVA,2005 states : “State government shall by notification appoint such number of Protection Officers in each district as it may consider necessary and shall also notify the area radius within which the PO shall exercise the power and perform the duties conferred on him by the Act.”
Duties
Inform the Aggrieved Person
of Her Legal Rights and Remedies
to Comply with the Orders of the
Court
Facilitate access to Support
Services and to take Protective
Measures
Protection Officer’s Duties
Receive Complaints
Facilitate an Aggrieved
Person’s Access to Court
Protection Officers
Requirement
• Rule 3 provides that POs may be recruited from either the government or from members of non-governmental organisations (NGOs).
• Tenure : 3 years
Qualification
• POs can be either qualified or experienced in social work, law, social sciences, psychology, counselling, etc.
Preference
• preference shall be given to women to be appointed as POs.
• It obligates the State Government to provide the necessary office assistance to POs for the efficient discharge of their duties
Independent
Additional
5 states – Bihar, Haryana, Kerala, Tamil Nadu, West Bengal 1 UT - Delhi
22 states J&K – Act NA 6 UTs
Child labour
Child marriage Restriction Act
Persons with Disability Act
Dowry Prohibition Act
All social welfare schemes to SC / ST
Persons with Disabilities
Widows
Senior Citizens
Additional POs overburdened with -
Every Crime has a Cost
Absence
of
clear guidelines
No
separate
budget
Areas
neglected
Unsatisfactory
Allocation
few Ministries/Departments have clear guidelines for earmarking funds for women
States like Bihar and Rajasthan have no separate budget for PWDVA. They meet expenses through existing welfare schemes.
For providing funds, the union ministry of Women and Child Development has not set a minimum benchmark. States normally pick and choose what they decide to focus on
‘Gender Budgeting Statement’ 2011-12, only 11 out of 60 schemes had allocations exceeding Rs. 100 crore
Why budget allocation for DV cases?
Cost of Domestic Violence
Cost
Criminal Justice System
Healthcare
Social Service
Housing
Economic Output losses
• Domestic Violence cases involve Human and Emotional costs, borne by individual victims (Source: http://www.devon.gov.uk/cost_of_dv_report_sept04.pdf)
• Various countries have made attempts to fund domestic violence like Australia, Canada, Chile, the Netherlands, Nicaragua, Spain, Switzerland, the USA and the UK (Heise et al 1994; Laing & Bobic 2002)
Canada
Netherlands
Spain
United Kingdom
United States
Australia
Nicaragua
Chile
Switzerland
Conclusion
• Repeated questions – is it a sign of lack of research?
• Qualified parliamentarians no result oriented goals no concrete actions
• Contribution by women MPs – insignificant?
• Current total women MPs - LS: 61 / 545
RS: 27 / 244
• Opposition BJP – most active; INC – close follower
• 54% states have been active with PWDVA questions.
Women Representation Lok Sabha Rajya Sabha
% women MPs 11% 11%
% questions PWDVA 14% 26%
Encourage Research
Focus on rural and urban trends of domestic violence. Updating of NCRB statistics to have a smooth understanding of current trend.
Understanding Culture
The nature and culture of the women of the affected area has to be studied. Routine inquiry of the victim, match case design, treatment for both physical and mental health.
Prevention
Prevention is better than cure Greater focus on root cause of the issue rather than tackling complications of aftermath.
Adopt Strategic Crime Prevention
Methods
Situational Crime Prevention Method: within the ‘academic’ and ‘political discourses’ on crime control (Clarke, 1997) Police programmes: visible police controls in high crime areas (Linden, 2007)
Recommendations
THE END
Courtesy : Script ft Will.i.am: Hall of Fame