Swift Punishment for Violence Against Women / Counselling of Rape Victims

Ministry of Home Affairs has circulated a detailed advisory to all concerned departments of the State Government to handle rape victims at all stages from filing a complaint in a police station to undergoing forensic examination and in providing all possible assistance including counseling, legal assistance and rehabilitation. Preferably these victims may be handled by women so as to provide a certain comfort level to the rape victim. The above advisory on women also includes advise to adopt appropriate measures for swift and salutary punishment to the persons found guilty of violence against women, improve the quality of investigations, minimize delays in investigations of crime against women, set up ‘Crime against Women Cells’ in districts, advised to undertake gender sensitization of the police personnel, special women courts and initiate steps for security of women working in night shifts at call centres. Majority of the States/ UTs have established ‘Women Cells’. Some States/UTs have also set up ‘All Women Police stations’ at district level and ‘Mahila /children help desk’ at police station level. As per Seventh Schedule, ‘Police’ and ‘Public Order’ are State subjects under the Constitution, and as such the primary responsibility of prevention, detection, registration, investigation and prosecution of crimes, including crimes against SC/ST, Women and Children, lies with the State Governments and Union Territory Administrations.

This was stated by Shri Jitendra Singh, Minister of State in Ministry of Home Affairs in written reply in the Lok Sabha today.

Centre moots training judges for Domestic Violence Act,2005

EQUALITY INDIA NEWS – A SHAKTI VAHINI RESEARCH INITIATIVE

The Central Government feels the need to impart training to First Class Judicial Magistrates and Metropolitan Magistrates to deal with the cases under the Domestic Violence Act ,2005 through National/State Judicial Academies. Replying to a question in Rajya Sabha today the Minister of Women and Child development Smt. Krishna Tirath Stated that the Act is implemented by the State Governments/UT Administrations .The minister observed that the Government does not have definite information about the time taken by the magistrates in disposing off the cases but It is likely that judicial process may not be completed within the stipulated period of sixty days from the date of its first hearing in all the cases. But the increasing number of cases registered under the Act shows that more and more aggrieved persons are accessing reliefs and services under the provisions of the Act. Smt. Tirath revealed that as per National Crime Records Bureau (NCRB) data, total of 5788, 5643 and 7802 cases were registered under the PWDVA, 2005 during 2007, 2008 and 2009 respectively. The Protection of Women from Domestic Violence Act, 2005 (PWDVA, 2005) came into force w.e.f 26.10.2006. The Minister stated that Andhra Pradesh has witnessed highest no. of cases in the year 2009 under this Act in the nation which stands at 2710 .

According to the figures tabled in the house total 203804 cases of all types of crimes against women were reported in the year 2009.The crimes included dowry deaths, physical assault and harassment at workplaces. However majority of complaints received by NHRC relate to atrocities on women by the police.

She stated that the advisories issued to state governments emphasise on gender sensitization of the police personnel, minimizing delays in investigation, improving the quality of investigations and setting up ‘Crime against Women Cells’ in districts where these do not exist. States have also been advised to increase the overall representation of women in police forces.

Schemes and Programme for Economic Empowerment of Women Run by Ministry of Women and Child Development

EQUALITY INDIA NEWS / A SHAKTI VAHINI RESEARCH INITIATIVE

In its capacity as the nodal Ministry, the Ministry of Women and Child Development seeks to promote economic empowerment of women through policies and programmes cutting across sectors, mainstreaming gender concerns, creating awareness about their rights and facilitating institutional and legislative support for enabling them to develop to their full potential.  The important programmes in different areas are

 Skill upgradation:

 Support to Training & Employment Programme for Women (STEP), a Central Sector Scheme launched in 1986-87, seeks to upgrade skill of poor and assetless women and provide employment on sustainable basis by mobilizing them in viable cooperative groups, strengthening marketing linkages, support services and access to credit.   The scheme also provides for enabling support services in the form of health check-ups, legal and health literacy, elementary education, gender sensitization and mobile crèches. The ultimate endeavour of each project is to develop the group to thrive on a self-sustaining basis in the market place with minimal governmental support and intervention even after the project period is over.  Since inception, around 250 projects have been provided financial assistance under the scheme.

The ten traditional sectors identified for project funding under STEP comprise of agriculture, animal husbandry, dairying, fisheries, handlooms, handicrafts, khadi and village industries, sericulture, waste land development and social forestry. The scope and coverage of the scheme is being broadened with introduction of locally appropriate sectors being identified and incorporated into the scheme.                                                                                

Rajiv Gandhi Scheme for Empowerment of Adolescent Girls (RGSEAG) – ‘Sabla’, a Centrally-sponsored scheme was approved by the Government on 16.8.2010. The scheme is being implemented in 200 districts across the country on a pilot basis. In the remaining districts, Kishori Shakti Yojana (KSY) continues to be operational as before.  However, SABLA has completely replaced Nutrition Programme for Adolescent Girls (NPAG) as all districts of NPAG are now part of the SABLA. The scheme, interalia, aims at vocational training for girls above 16 years of age for their economic empowerment.

 Sabla is being implemented through the State Governments/UTs with 100 per cent financial assistance from the Central Government for all inputs other than nutrition provision for which 50 % Central assistance to States is provided. Anganwadi Centre is the focal point for the delivery of the services.

Objectives:

  1. Life Skill Education and accessing public services,
  2. Vocational training for girls aged 16 and above under National Skill Development Program (NSDP)
  3. The successful implementation of SABLA requires convergence with development activities/schemes of other Departments such as Health, Education, Youth Affairs, Labour, PRIs etc.
  4. Nearly 100 lakh adolescent girls per annum are expected to be benefitted under the scheme. Against the allocation of Rs. 350 crore for the year 2010-11, a sum of Rs. 330 crore (approx.) has been released to States/UTs. The year 2011-12 will be the first complete year of implementation of the scheme after which the physical and financial achievements made vis-à-vis the target would be assessed. A sum of Rs. 750 crore has been allocated for Sabla for 2011-12.

Central Social Welfare Board (CSWB)- In order to address the socio-economic needs of the women and children of selected eight most backward districts in the North Eastern region in the economic arena, Central Social Welfare Board has formulated the Integrated Scheme for Women Empowerment (ISWE). The scheme is being implemented on pilot basis since 2008 and has the objective of meeting the felt needs of the area by mobilizing community action, converging available services and resources of the area, income generation through feasible and sustainable activities for women and to provide services for health awareness, career counseling vocational training, preventing child trafficking and other social evils.

Economic Improvement:

National Mission for Empowerment of Women- The extent of empowerment of women from a holistic and macro-point of view is largely determined by 3 factors viz. economic, social and political identity. These factors are deeply intertwined and linked with many cross cutting linkages. It implies that if efforts in any one dimension remains absent or week, the outcome and momentum generated by the other components cannot be sustained. It is only when all these three factors are addressed simultaneously and made compatible with each other can women be truly empowered. Therefore, for the holistic empowerment of women, an inter-sectoral approach has to be adopted. The vision for socio-economic empowerment of women is to empower women economically and socially to end exploitation and discrimination enabling them to develop their full potential to be active participants in nation building, sharing the benefits of economic growth and prosperity. To achieve this vision, the National Mission for Empowerment of Women (NMEW) was launched on 8th March. The objectives of the Mission are to:

  1. Ensure economic empowerment of women,
  2. Ensure that violence against women is eliminated progressively,
  3. Ensure empowerment of women with emphasis on health and education,
  4. Oversee gender mainstreaming of programmes, policies, institutional arrangements and processes of participating Mininstries, institutions and organizations, and
  5. Undertake awareness generation as well as advocacy activities to fuel the demand for benefits under various schemes and progreammes and create, if required, structures at district, tehsil and village level with the involvement of Panchayats foe their fulfillment.

Economic Empowerment of Women is to be achieved through convergence of the schemes and programmes having focus on formation and promotion of SHGs so as to enable women to have access to micro credit and micro finance. Programmes like National Rural Livelihood Mission (erstwhile SGSY) of MoRD, Smayamsidha of MWCD and similar programmes of other Ministries and organizations would need to be converged to help the identified SHGs in a coordinated fashion. The Mission would see that access to credit by women SHGs under schemes of NABARD, Rashtriya Mahila Kosh, Financial institutions like NSCFDC/ NBCFDC/ NSKFDC of MoSJ&E and nationalized banks, is coordinated well and delivery of credit is timely.

In order to promote self employment opportunities and create livelihood options for women, it would ensure that training and skill upgradation under schemes/ programmes of MoS&ME, MoL&E , MoRD, MWCD etc. are available to the women beneficiaries of SHGs and that there is no duplication of errors. Sustainability of income generation activities by women would be looked at and they would be ensured provision of adequate forward, backward and horizontal linkages. The relevant programmes of NABARD, RMK and participating Ministries as well as organizations with components of processing, storage, distribution and market networks would be put in a convergent mode to strengthen the livelihood of women.

The existing monitoring systems in place at the state and district levels would be utilized by the National Mission for tracking the effectiveness of convergence efforts in the area of economic empowerment. While at the district level, the District Collector as per the existing arrangement of the DRDA would be responsible for monitoring convergence efforts at the district level, the Chief Secretary of the State Government with technical inputs from the State Resource Centre to be set up for women (SRCW) will be made responsible at the state level. At the national level national level, the National Mission Authority (NMA) will be responsible for overall monitoring of actionable agenda requiring convergence and for which it will take the inputs from both the Mission Directorate and the National Resource Centre for Women (NRCW).

Rashtriya Mahila Kosh – (National Credit Fund for Women)

The Rashtriya Mahila Kosh (National Credit Fund for Women) was set up in 1993 with a corpus of Rs. 31 crore, against the backdrop of socio-economic constraints faced by poor women to access micro – credit from the formal financial system in the country, especially those in the rural and in unorganized sectors. The principal corpus has increased to Rs.100.00 crore by 2009-10.  The main objective of setting up of Rashtriya Mahila Kosh (RMK) under the Department of Women and Child Development (now Ministry) was to provide micro-credit to poor women for various livelihood support and income generating activities at concessional terms in a client-friendly procedure to bring about their socio-economic development. The RMK is now being restructured as a NBFC with a corpus of Rs.500.00 crore.  Till 31.3.2011, 6, 87,512 women beneficiaries have been sanctioned Rs.307.52 crore and disbursed Rs.251.82 crore.  However, with the proposed induction of funds and conversion to NBFC, the projected yearly number of beneficiaries and loans are at the end of five year period in FY 2015-16 is likely to be 2,19,500 and Rs.492.02 crore respectively.   Thus, there would be a quantum jump in the business volume of the organization through this restructuring.  Further, the fact that RMK extends loan upto maximum of 18 per cent interest per annum to SHGs/beneficiaries as against loans disbursed to beneficiaries through Micro Finance Institutions (MFIs) under the NABARD’s SHG – Bank  Linkage Programme at the interest rate ranging between 30 and 40 per cent per annum and even higher and 60 to 70 percent rate charged by traditional moneylenders, would mean that the impact by way of higher incomes and welfare of the beneficiaries at  such an expanded scale of finance and at affordable rate, would be much more pronounced.

An RMK sponsored ‘Impact Study ‘ of 2008 shows 84% beneficiaries from rural areas and 16% from urban areas had undertaken activities like Animal husbandry (41%), Petty Shops (19%) and Agriculture (17%).  Their monthly income has increased between Rs.2000/- and Rs.4000/-.  54% reported increase in household expenditure, 96% reported improvement in food consumption pattern, and 87% reported increase in household assets.  Access to medical facility increased for majority of beneficiaries (88%).  There was increase in social status of 87% of beneficiaries.  98% women beneficiaries reported increase in their self-confidence and security with increased income through RMK.  Majority (95%) of the beneficiaries reported improvement in their standard of living and participation in micro finance led to decrease in domestic violence.

Gender Budgeting and Economic Empowerment of Women-

Budgets, which influence the overall level of national income and employment and reflect the priorities of the government regarding public investment, also promote gender equality within the national development framework.  The Government of India is committed to promoting gender equality and has adopted Gender Budgeting (GB) as a tool to address the inequalities faced by women. The purpose is to ensure the translation of Government’s policy commitments on gender equity into budgetary allocations.

To institutionalize the process of Gender Budgeting, the Government had initiated the formation of Gender Budget Cells (GBCs) within all Central Ministries/ Departments in 2005. These Cells are required to take up evaluation of existing Government programmes and schemes from a gender perspective and identify new areas of intervention for addressing the existing gender gaps. The flow of funds under certain women specific schemes/programmes are also being monitored through a Gender Budget Statement (Statement 20) as a part of the Union Budget Document since 2005.

MWCD, as the nodal agency, is pursuing with other Ministries/Departments to build their capacity so as to integrate gender concerns across sectors/schemes/programmes/ and ensure proper allocation and/or reprioritization of resources.  The number of Ministries reflecting their allocations in the Gender Budget Statement have gone up from nine in 2005-06 to 29 in 2011-12, with a magnitude of Gender Budget (BE) increasing from Rs.14379.00 crore (2.79%) in 2005-06 to Rs.78251.00 crore (6.22%) in 2011-12.

Support services:

Hostel for Working Women-

a. The Scheme of Working Women Hostel envisages provision of safe and affordable hostel accommodation to working women, single working women, women working at places away from their home-towns and for women being trained for employment.

The scheme has been revised with following salient features:

  • Financial assistance for construction of hostel building to be given only on public land.
  • Financial assistance available for rent of the hostels which are run in rented premises also.
  • Provision for maintenance grant of hostel building (maximum Rs.5 lakh) and one-time non-recurring grant for furnishings (@ Rs.7500 per beneficiary).
  • State Government agencies, Urban Municipal Bodies, Cantonment Boards, Civil Society Organizations, Panchayati Raj Institutions, Self Help Groups, Recognized Colleges/Universities, and Corporate or associations like CII, ASSOCHAM and FICCI have been included under the revised scheme.
  •  The State Governments have been advised to disseminate and send project proposals as per the revised guidelines the Scheme. Since its inception in 1972-73, 890 hostels have been sanctioned under the scheme all over the country benefiting about 66,000 working women.

 b. Working Women Hostel at Jasola, New Delhi: In view of increasing incidents of assault on women from the North-eastern States, the Ministry of Women and Child Development had undertaken construction of a working women hostel in the year 2008-09 exclusively for the working women of North East region working in and around Delhi. The construction of the hostel building at Jasola, New Delhi, has been completed in this current year. The six storied hostel building is having 167 living rooms with a capacity to accommodate 500 working women. This hostel also has provision of a day care centre for the children of working mothers.

Rajiv Gandhi National Creche Scheme-With a view to encourage women to join/ continue with gainful employment, Rajiv Gandhi National Creche Scheme for children of working mothers (RGNCS) was introduced in 2006. The scheme seeks to provide day care facilities to children in the age group 0-6 years from families with a monthly income of less than Rs. 12,000/-. In addition to being a safe space for the children, the crèche provide services like supplementary nutrition, pre school education, emergency health care etc.

The scheme provides for grant of Rs.3532/- per month for a crèche, limited to 90% of the schematic pattern or actual expenditure whichever is less, and the remaining expenditure is borne by the implementing agencies. Honorarium to crèche workers is fully funded under the scheme. Funds are separately provided to the implementing agencies for one time training of crèche workers.

The Central Sector scheme is implemented through Central Social Welfare Board (CSWB) and two national level mother NGOs i.e. Indian Council for Child Welfare (ICCW) and Bharatiya  Adimjati  Sevak  Sangh (BAJSS).

Indira Gandhi Matritva Sahyog Yojana (IGMSY) – Conditional Maternity Benefit (CMB) scheme is a Conditional Cash Transfer scheme for pregnant and lactating women to contribute to better enabling environment by providing cash incentives for improved health and nutrition to pregnant and nursing mothers.  It is being implemented initially on pilot basis in 52 selected districts using the platform of ICDS. IGMSY is a Centrally Sponsored Scheme introduced in the FY 2010-11, under which the grant-in-aid is released to States/UTs.  The Scheme envisages providing cash directly to P&L women during pregnancy and lactation in response to individual fulfilling specific conditions. It would address short term income support objectives with long term objective of behaviour and attitudinal change.  The scheme attempts to partly compensate for wage loss to pregnant & lactating women both prior to and after delivery of the child.

 

India ratify UN Conventions against Transnational Organised Crime and Corruption

UN logo for international stub.

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EQUALITY INDIA NEWS / A SHAKTI VAHINI RESEARCH INITIATIVE

India has ratified the United Nations Convention against Transnational Organised Crime and its three protocols and the United Nations Convention against Corruption.The United Nations Convention against Transnational Organised Crime is the main international instrument in the fight against transnational organized crime. It recognizes the need to foster and enhance close international cooperation in order to tackle those problems. The convention is further supplemented by three Protocols, which target specific areas and manifestations of organized crime namely Protocols to combat (1) trafficking in persons (2) migrant smuggling and (3) illicit trafficking in firearms.

The United Nations Convention against Corruption complements the United Nations Convention against Transnational Organised Crime. The Convention introduces a comprehensive set of standards, measures and rules that all countries can apply in order to strengthen their legal and regulatory regimes to fight corruption. The Convention enumerates in detail the measures to prevent corruption, including the application of prevention policies and practices, the establishment of bodies for that purpose, the application of codes of conduct for public servants, and public procurement. It recommends promoting transparency and accountability in the management of public finances and in the private sector, with tougher accounting and auditing standards. Measures to prevent money-laundering are also provided for, together with measures to secure the independence of the judiciary, public reporting and participation of society are encouraged as preventive measures. The Convention recommends the State Parties to adopt such legislative and other measures as may be necessary to establish a whole series of criminal offences. These are:

• Corruption of national or foreign public officials and officials of public international organizations;

• embezzlement, misappropriation or other diversion by a public official of any public or private property;

• trading in influence;

• abuse of functions and illicit enrichment.

In the private sector, the Convention calls for the creation of offences of embezzlement and corruption. There are other offences relating to laundering the proceeds of crime, handling stolen property, obstructing the administration of justice, and participating in and attempting embezzlement or corruption.

 This also implies that  Government of India formally adopting definition of Human Trafficking which is :“Trafficking in persons” shall mean the recruitment, transportation, transfer, harbouring or receipt of persons, by means of the threat or use of force or other forms of coercion, of abduction, of fraud, of deception, of the abuse of power or of a position of vulnerability or of the giving or receiving of payments or benefits to achieve the consent of a person having control over another person, for the purpose of exploitation. Exploitation shall include, at a minimum, the exploitation of the prostitution of others or other forms of sexual exploitation, forced labour or services, slavery or practices similar to slavery, servitude or the removal of organs;

The UN Protocol makes Human Trafficking and Smuggling a organised crime and call upon states to provide victim support , victim repatriation , witness support and protection , Joint Investigations between member nations  etc. It specially calls upon nations to ensure  implementing measures to provide for the physical, psychological and social recovery of victims of trafficking in persons, including, in appropriate cases, in cooperation with non-governmental organizations, other relevant organizations and other elements of civil society, and, in particular, the provision of: (a) Appropriate housing; (b) Counselling and information, in particular as regards their legal rights, in a language that the victims of trafficking in persons can understand; (c) Medical, psychological and material assistance; and (d) Employment, educational and training opportunities. It mandates nations to  ensure that take into account the age, gender and special needs of victims of trafficking in persons, in particular the special needs of children, including appropriate housing, education and care.

It also provides for nations to provide for the physical safety of victims of trafficking in persons while they are within its territory and  ensure that its domestic legal system contains measures that offer  victims of trafficking in persons the possibility of obtaining compensation for damage suffered.

It takes a commitment from nations that they shall establish comprehensive policies, programmes and other measures inter alia  to prevent and combat trafficking in persons; and (b) to protect victims of trafficking in persons, especially women and children, from revictimization. States Parties shall endeavour to undertake measures such as research, information and mass media campaigns and social and economic initiatives to prevent and combat trafficking in persons. Policies, programmes and other measures established in accordance with this article shall, as appropriate, include cooperation with non-governmental organizations, other relevant organizations and other elements of civil society.States Parties shall take or strengthen measures, including through bilateral or multilateral cooperation, to alleviate the factors that make persons, especially women and children, vulnerable to trafficking, such as poverty, underdevelopment and lack of equal opportunity. States Parties shall adopt or strengthen legislative or other measures, such as educational, social or cultural measures, including through bilateral and multilateral cooperation, to discourage the demand that fosters all forms of exploitation of persons, especially women and children, that leads to trafficking.

 It mandates that nations shall, as appropriate, cooperate with one another by exchanging information, in accordance with their domestic law, to enable them to determine: (a) whether individuals crossing or attempting to cross an international border with travel documents belonging to other persons or without travel documents are perpetrators or victims of trafficking in persons; the types of travel document that individuals have used or attempted to use to cross an international border for the purpose of trafficking in persons; and the means and methods used by organized criminal groups for the purpose of trafficking in persons, including the recruitment and transportation of victims, routes and links between and among individuals and groups engaged in such trafficking, and possible measures for detecting them.

It ensures that nations  shall provide or strengthen training for law enforcement, immigration and other relevant officials in the prevention of trafficking in persons. The training should focus on methods used in preventing such trafficking, prosecuting the traffickers and protecting the rights of the victims, including protecting the victims from the traffickers. The training should also take into account the need to consider human rights and child- and gender-sensitive issues and it should encourage cooperation with nongovernmental organizations, other relevant organizations and other elements of civil society.

Reacting to the news Ravi Kant Advocate Supreme Court of India and President Shakti Vahini said that the ratification  by India of the UN Protocol is a big step for the protection of rights of victims of Human Trafficking and Smuggling. This will certainly lead to stricter laws on Human Trafficking in India. This is also a step that Government of India has shown its commitment to fight Human Trafficking and Smuggling.