COMMENT

Empowerment of Women :
Some Suggestions for State Women’s Policy

Empowering women does not uplift women alone, but the whole family, and thus the society. It is ironic, that despite more than 1,000 statutes passed by Parliament and various State Legislatures, and the vast multitude of pro-women laws, a lack of effective implementation is causing an alarming increase in atrocities against women.

It is much more ironic when we find that in this International Year of Womens’ Empowerment, new forms of crimes like female foeticide have emerged to the extent that the female population ratio in our country is decreasing alarmingly, while in the rest of the world it is increasing.

The blame should be shared by all agencies concerned, including the polity. It is of paramount importance that women, besides being empowered through literacy and economically, be made aware of women-related issues and be made well conversant with various facilities and laws so that they derive optimum benefit from these.

Any policy for women needs to have separate sections for 1. Education, 2. Women’s health and nourishment needs, 3. Mother’s and child’s health, 4. Legal education, 5. Effectiveness of law enforcements, 6. Violence – violence in society at large in the form of rapes, eve-teasing, ego related, property related and domestic violence like dowry, sadism, 7. Economic empowerment in terms of earnings as well as through updated legal amendments such that women have the effective right in practice over her earnings and husband’s earnings, 8. Property rights and leases to be in joint names of husband and wife; updating of unjust Land Reforms Acts (like the Delhi Land Reform Act, the Santhal Adivasi Inheritance laws not giving inheritance to women, etc.), 9. Changing the social mindset through exhaustive and regular awareness creating programmes, as well as creating confidence in women (elementary legal rights to women should be taught since early schooling to both female and male children), 10. Sensitivizing of the police personnel towards related issues at the basic and refresher courses (at least from constabulary to the SI levels), 11. Effective action to be taken against media depicting women or reporting women related crimes in a derogatory manner, 12. The judiciary and prosecutors need to be sensitivized too, in the absence of which, women victims often have to live the trauma again and again (the Supreme Court Judge has asked in the Bhanwari Devi case, "How far were your legs apart when rape was being committed"), 13. More power to the NCW, SCW, HRC, etc., at least for awarding fine when violation are established on enquiry (powers of the Civil Court should be extended to the NCW & SCW),

In order to achieve these goals, suggestions are taken up under the following broad classes : 1. The Police, 2. The Laws, 3. NGOs and Administration, 4. Judiciary, 5. Doctors, and 6. Miscellaneous.

1. The Police :- Though at the time of recruitment, the police personnel are more sensitive and humane, but as the time passes they tend to drift towards the more hardcore patriarchal mindset. It is suggested that they be trained in such a manner that they are more humane towards the women in need and take appropriate measure in handling all women-related cases, particularly in sensitive issues like rape.

2. The Law :- Section 125 CrPC should be amended to give maintainance of a minimum of Rs. 5,000; Muslim women’s Protection of Rights on Divorce Act needs to be abrogated; Section 134 IPC be made non-bailable; the term Rape needs to be redefined; the following should be made non-bailable and cognizable –living off prostitution, involvement in the trafficking process, any act with intention to forcing a girl/child into prostitution; in dowry death cases, accused may not be allowed to remarry till final judgement; victim should be saved from the agony of appearing in court several times; in-camera recording of such cases if necessary; in rape cases, video-conferencing is recommended to avoid victim facing the accused; anomaly in marriage age between different Statutes be removed; registration of marriages be made mandatory; in all offences against women, case may be made cognizable and non-bailable; Medical Termination of Pregnancy Act 1971 and in foeticide Act be amended to make them more effective.

3. NGOs and Administration :- Legal awareness camps be held regularly and exhaustively, specially in rural areas; gender sensitization courses and Feminist Jurisprudence courses be part of college syllabi; government should set up a fund for helping rape victims; there should be a sharing of information between the government and the NGOs; NGOs be allowed to be present during in-camera proceedings in the courts.

4. Judiciary :- Judiciary also needs to be sensitivized; crimes against women be treated on a day-to-day basis; there should be special courts to deal with such cases, with women judges and women magistrates; electronic mechanism be used for recording evidence of the prosecution and the victim and rape cases and sexual assault cases be tried in-camera, prosecutors handling such cases be appointed under Section-24 CrPC, who are government servants, so that they feel duty bound to deliver results in time; Courts should take strict cognizance of publicity of the rape victim; lawyer’s presence from family courts be completely barred; preference be given to cases of crimes against women; relief and cost be given to women victims.

5. Doctors :- Help of private doctors may be allowed for investigating agencies to avoid undue delay spoiling evidence, corruption, etc.; women doctors test the evidence in such cases; complaint committees be setup in every department to deal with sexual harassment; gender sensitization of personnel, specially in forensic labs; Medical Council of India should debar from practice, for a certain period, doctors found to be giving false reports in rape and dowry-death cases.

6. Miscellaneous :- Reporting of women-related cases should be made in a way that victim’s identity may not be over publicized. Action should be taken against those not following it; advertisements showing women in a derogatory manner be punishable; teachers and other officers should be required to report on all abnormal behaviour pattern of children in their schools; awareness about free legal aid be generated and district women welfare boards be set up.

- Dr. Jaya Shukla