Proposal for placing the new Instrument adopted by ILO Domestic Workers Convention and Domestic Workers Recommendation approved

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The Union Cabinet today approved the proposal for placing the new instrument adopted by International Labour Organisation (ILO) – Domestic Workers Convention (C-189) and Domestic Workers Recommendation (R-201) before the Parliament. The International Labour Conference(ILC) of ILO at its 100th Session held in Geneva in June, 2011 adopted the Domestic Workers Convention (C-189) supplemented by the Domestic Workers Recommendation (R-201). India is one of the founder members of ILO. The Indian government delegation to ILC led by the Union Minister for Labour and Employment supported the adoption of the Domestic Workers Convention and Recommendation.

Background:

Domestic workers constitute a huge segment of the workforce especially in the developing countries. Domestic work is informal, undocumented and poorly regulated. Migrant domestic workers are worse affected. It has also been observed that domestic workers are particularly vulnerable to sexual exploitation and trafficking. There are about 6.4 million domestic workers in India as per available statistics. A large number of such workers come from poor and backward areas and are illiterate and unskilled.

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Rehabilitation of Sex Workers

ANALYSIS NEWS DESK

There is no rehabilitation policy for sex workers. However, to provide rehabilitation services to victims of trafficking for commercial sexual exploitation, the Ministry of Women and Child Development is implementing “Ujjawala”, a comprehensive Scheme for prevention of trafficking and for rescue, rehabilitation and reintegration of such victims, since 4th December, 2007.

The Minister of State (I/C) for Women & Child Development Smt. Krishna Tirath stated in Lok Sabha today that the Scheme is being implemented mainly through Non Governmental Organisations. 76 Rehabilitative Homes which can accommodate upto 3800 beneficiaries have been sanctioned, under the Scheme, in the country. These Rehabilitative Homes are given financial support for providing the inmates basic amenities such as food, clothing and shelter, medical care, legal aid, education in case the victims are children as well as for undertaking vocational training and income generation activities to provide the victims with alternate livelihood option. Further, rehabilitation is also envisaged through reintegration of the victims into the society for which financial assistance is provided for setting up of Half-Way Homes and for restoration of the victims to their families.

The Minister assured that the Government is taking a number of other measures to combat trafficking for commercial sexual exploitation in the country. The Immoral Traffic (Prevention) Act, 1956 supplemented by the Indian Penal Code prohibits, trafficking in human beings, including children and lays down penalties for trafficking. A comprehensive Advisory on Preventing and Combating Human Trafficking in India has been issued on 09.09.2009 by the Government of India to all States/Union Territories. Further, the Government has set up Anti Human Trafficking Units (AHTUs) to strengthen the law enforcement response to trafficking.

India ratify UN Conventions against Transnational Organised Crime and Corruption

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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.

SC directs govt to rehabilitate prostitutes

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EQUALITY INDIA NEWS / SHAKTI VAHINI RESEARCH INITIATIVE

Observing that sex workers are also entitled to the protection of Article 21(Liberty), the Supreme Court on Monday directed the Centre and states/Union Territoriess to prepare suitable rehabilitation schemes for their welfare. “We direct the central and state governments to prepare schemes for giving technical/vocational training to sex workers and sexually abused women in all cities in India. The schemes should mention in detail who will give the technical/vocational training and in what manner they can be rehabilitated and settled by offering them employment.”

“For instance, if a technical training is for some craft like sewing garments etc, then some arrangements should also be made for providing a market for such garments, otherwise they will remain unsold and unused, and consequently the women will not be able to feed themselves,” a bench of justices Markandeya Katju and Gyan Sudha Mishra said in an order.

The apex court said the Centre and state governments, through Social Welfare Boards, should prepare schemes for rehabilitation for prostitutes. “We are of the view that the prostitutes also have a right to live with dignity under Article 21 of the Constitution of India since they are also human beings and their problems also need to be addressed.”

“As already observed by us, a woman is compelled to indulge in prostitution not for pleasure but because of abject poverty. If such a woman is granted opportunity to avail  some technical or vocational training, she would be able to earn her livelihood by such vocational training and skill instead of by selling her body,” the bench said.

The apex court passed the order while dismissing the appeal filed by Budhadev Karmaskar challenging the life imprisonment imposed by a sessions court in Kolkata for the murder of a sex worker in 1999. The Calcutta High Court had confirmed the penalty, following which he appealed in the apex court.

http://www.hindustantimes.com/SC-directs-govt-to-rehabilitate-prostitutes/H1-Article1-662307.aspx

 

Parliamentary Consultative Committee of Ministry of Women & Child Development Discusses Rape Victims Rehabilitation Scheme

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ANALYSIS NEWS DESK

The Consultative Committee of the Parliament attached to the Ministry of Women and Child Development held its meeting in New Delhi today under the Chairmanship of Smt. Krishna Tirath, Minister of State (Independent Charge) of the Ministry of Women, and Child Development. Smt. Krishna Tirath in her welcome address said that Rape is one of the most violent forms of crimes against women, which not only impacts her bodily integrity but in the long-run, impairs her capacity to develop meaningful personal and social relationships, and affects her life and livelihood. The victim of rape suffers mental and psychological trauma, which must be addressed so that she is able to lead a dignified and meaningful life. She further informed the members that the National Crime Records Bureau data shows that the incidence of rape in the country is increasing. A total of 21,467 cases of rape were reported in 2008 alone, which constituted an increase of 3.5% over the previous year. According to the provisional data of 2009, a total of 21,397 cases had already been reported during the year. An analysis of the data reported in 2008 shows that Madhya Pradesh reported the highest number of cases (2,937) accounting for 13.7% of total such cases reported in the country. West Bengal and Uttar Pradesh reported 2263 and 1871 cases, respectively; followed by Maharashtra (1558), Assam (1438), Rajasthan (1355) and Bihar (1302) cases. The lowest number of cases was reported from Nagaland (19) and Sikkim (20).

Women from all age-groups have been victims of rape although it is the women in the age-group of 18-30 years, who may be more visible in the public sphere, continue to be most vulnerable to the crime of rape.  In 2008, therefore, the total percentage of rape victims in the age-group 18-30 years was 57.2% (12,299); in 2007, their percentage was similarly high at 57.7% (11,984). Another significant and worrisome aspect of the data is that in as many as 91% (19,542) of the cases, the offenders were known to the victims. Out of these, neighbours were involved in 33.1% cases. During this period, 309 cases of incest rape were also reported.

Sections 375, 376 and 376A-D of the Indian Penal Code constitute the legal framework that deals with the offence of rape and provides for its punishment. These criminal law provisions provide for punishment of the accused and the penalties therein are envisaged to act as a deterrent.

Although the criminal law is not traditionally geared towards providing relief to victims, keeping in view the injury that is often suffered by the victim of a crime, Section 357 of the Cr.P.C. enables the courts to award compensation to victims of various crimes, including to that of rape. Through the amendments in 2009, a new Section 357A was introduced in the Cr.P.C. which casts a responsibility on the State Governments to formulate a Scheme in coordination with the Central Government, for compensation of victims of crime.

A Scheme for Rehabilitation of Rape Victims of the Ministry of Women & Child Development is in the final stages. While it is essential to provide punishment to the perpetrators of such heinous crimes, it is imperative that the victim is restored to a position of dignity and self-confidence. It is this principle of restorative justice that must form the basis of efforts to address the trauma that the affected woman goes through and may entail not only financial assistance but also various support services such as counseling, shelter, medical and legal aid.

Recognizing this, the Hon’ble Supreme Court in Delhi Domestic Working Women’s Forum Vs. Union of India and others writ petition (CRL) No.362/93 had directed the National Commission for Women to evolve a “scheme so as to wipe out the tears of unfortunate victims of rape’’. The Supreme Court observed that having regard to the Directive Principles contained in Article 38(1) of the Constitution, it was necessary to set up a Criminal Injuries Compensation Board, as rape victims besides the mental anguish, frequently incur substantial financial loss and in some cases are too traumatized to continue in employment.

The National Commission for Women held wide ranging consultations with various stakeholders such as women’s organisations, NGOs, lawyers, select District Magistrates, members of the judiciary and police. Finally, the draft Scheme was discussed in detail at the ‘National Consultation on Access to Justice, Relief and Rehabilitation of Rape Victims’ organised by the Ministry of Women & Child Development on 7th March, 2010. In this background, a comprehensive Scheme titled the ‘Financial Assistance and Support Services to Victims of Rape: A Scheme for Restorative Justice to provide financial assistance and various support services to victims of rape has been formulated.

Salient Features of the Scheme are:

The scheme proposes to cover women and minor girls who are victims of rape. Legal heir(s) is also entitled to financial assistance where death of the affected woman has resulted as a consequence of rape.

(i)                 Reliefs envisaged under the Scheme: Under the Scheme, an affected woman shall be entitled to:

  • Interim financial assistance to the affected woman of Rs 20,000/- to take care of her immediate needs;
  • Support services such as shelter, counselling, medical aid, legal assistance, education and vocational training depending upon her needs. Assistance of upto Rs 50,000/- can be provided for these support services; and
  • Final financial assistance of Rs 1.30 lakhs to address her long-term needs and giving her support towards restoring her confidence

(ii)                Provision for enhancement in special cases: In certain special cases involving minor girls or mentally challenged/handicapped women who may need specialised treatment and care or women who become infected with STDs, HIV/AIDS or get pregnant or on any other ground, the quantum of assistance may be enhanced up to Rs 3 lakhs by the State Board on a reference from and in consultation with the District Board.

(iii)              Assistance to legal heir(s): In case of death of the affected woman, her legal heirs including minor children shall be entitled to Rs 1 lakh as assistance in case she was a non-earning member or Rs 2 lakhs in case she was an earning member of the family.

(iv)             Establishment of Authorities under the Scheme: The Scheme envisages the setting up of Criminal Injuries Relief and Rehabilitation Boards at the district, State and national levels. While the National and State Boards would be primarily responsible for coordinating and monitoring implementation of the Scheme, the District Boards would decide the claims made under the Scheme and provide financial assistance as well as order such other support services as may be essential for the victim. The National and State Boards would have the power to undertake suo moto inquiry into complaints and refer the case to the relevant District Board. Representatives from various Government departments, medical professionals and eminent civil society experts would constitute the Boards.

(v)               Easy procedures devised: In order to ensure that women are able to get the benefits under the Scheme with minimum constraints, harassment and delays, the Scheme provides that:-

(a)   Application for assistance is to be filed in a simple and easy to use proforma within 60 days

(b)   The police have an obligation to forward every FIR, Medical Report & Preliminary Investigation Report within 72 hrs to the District Board.

(c)   In case the above documents are not received from the police, the Board may call for them from the concerned authorities, once an application is filed, thereby ensuring that the victim does not have to undertake the tedious task of approaching the relevant authorities

(d)   The interim relief and support services are to be provided within 15 days & not later than 3 weeks

(e)   The final assistance of Rs 1.30 lakhs is required to be provided within 1 month of her evidence in criminal trial or 1 year of filing the FIR, where recording of evidence has been delayed for reasons beyond her control

(vi)             Devolution of Funds: The funds would devolve as grant-in-aid to the State Government, on the recommendation of the National Board.  The State Government will further disburse the funds to the District Boards, which would be drawn by the District Collector/District Magistrate who is the Chairperson of the Board.

(vii)            Other provisions: There is a provision for rejection of claims to guard against misuse of the Scheme. The Scheme also provides for periodic monitoring and evaluation of its implementation by the Government.

The Scheme has been included in the 11th Plan. It is proposed to launch the proposed Scheme as a Centrally Sponsored Scheme with 100% Central funding during the 11th Plan period at an estimated expenditure of Rs 149 cr. for the year 2011-12 towards providing financial assistance, meeting the expenses incurred for providing the support services and for payment of sitting fee and TA/DA of non-official members of the Boards.

The proposed Scheme was approved by EFC on 19th October, 2010, which recommended the launch of the Scheme. The Finance Ministry has also concurred with the proposal. The process of obtaining necessary approvals from the Planning Commission for release of funds under the Scheme is being undertaken.

It is proposed to evaluate the implementation of the Scheme before the 12th Plan and to consider sharing of costs between the Centre and the States at that stage.

Members from Lok Sabha Shri Eknath M. Galkwad, Smt. Jaishreeben Patel and Smt.  Jhansi Laxmi Botcha and Smt. Bimla Kashyap Sood from Rajya Sabha attended the meeting.

YSK : PM

(Release ID :68507)

Trafficking of Children and Minor Girls

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As per the National Crime Records Bureau (NCRB) data, the number of cases registered under the Immoral Traffic (Prevention) Act, 1956 in the North Eastern Region increased from 32 in 2008 to 43 in 2009. The State-wise details are given below :

State 2008 2009* 2010* 

Upto the month of)

Arunachal Pradesh 0 0 0 (Jun)
Assam 27 37 1 (Mar)
Manipur 0 0 2 (Sep)
Meghalaya 3 1 2 (Aug)
Mizoram 1 1 0 (Aug)
Nagaland 1 3 0 (July)
Sikkim 0 1 1 (Aug)
Tripura 0 0 0 (Aug)
Total 32 43 6

*Data is provisional

The Government has been taking various measures to combat trafficking in the country. The Immoral Traffic (Prevention) Act, 1956 supplemented by the Indian Penal Code prohibits trafficking in human beings, including children and minor girls and lays down penalties for trafficking. A comprehensive Advisory for combating the crime of human trafficking has been issued by the Government of India to all States/Union Territories. Funds have been released for establishing 18 Anti Human Trafficking Units (AHTUs) in the North Eastern States. Also, the Government in the Ministry of Women and Child Development is implementing the ‘Ujjawala’ Scheme, under which financial assistance is being provided, on the recommendation of the State Government, for prevention of trafficking and for rescue, rehabilitation and re-integration of victims of trafficking for commercial sexual exploitation. Under the ‘Ujjawala’ Scheme, 21 projects have been sanctioned in the North Eastern States.

This information was given by Smt. Krishna Tirath, Minister of State for Women and Child Development in a written reply to a question in the Rajya Sabha today.

YSK:PM

(Release ID :67115)

Gender equality and empowerment of women is one of the foremost concerns of the Indian Government: D. K. Sikri, Secretary, Ministry of Women and Child Development

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Shri D. K. Sikri, Secretary, Ministry of Women and Child Development is leading an Indian delegation to represent at the seventh South Asian ministerial conference, commemorating Beijing, being held from 3-5 October, 2010, in Dhaka, Bangladesh. The United Nations development Fund for Women (UNIFEM-Part of UN Women) has organized this conference to focus on two critical challenges to Gender Equality in the region- The Economic Security and Rights of Women and Violence against Women. Smt. Sangeeta Verma, Economic Adviser of the Ministry of Women and Child Development is also a member of the Indian delegation. In his presentation on the status of the implementation of the India Forward Moving Strategies for Gender Equality 2008, Shri D. K. Sikri, is going to present the Country Report of the Ministry of Women and Child Development, Government of India at the Seventh South Asian Ministerial Conference, Commemorating Beijing, at the Dhaka Conference In Bangladesh.

Following is the text of COUNTRY REPORT of the MINISTRY OF WOMEN AND CHILD DEVELOPMENT:

I. Introduction

The promotion of gender equality and empowerment of women is one of the foremost concerns of the Government of India.  Translating constitutional provisions, and commitments reflected in the acceptance of the Beijing Declaration and Platform for Action, has been a constant endeavour and is reflected in national developmental policies, plans and programmes. Over time, the Government of India has moved from a welfare approach to an entitlement based approach which recognises women’s centrality to development. The protection and promotion of rights, including the right to education, information, protection from violence, food security, participation of rights holders and attention to vulnerable groups have been at the centre of Government action.

Inclusive growth in the Eleventh Five-Year Plan (2007-2012) envisions respect for the differential needs of all women, with targeted interventions to meet special needs of different groups. The Government has also decided to implement a number of programmes in Mission mode, with clear objectives to be achieved in a set time frame through provision of adequate resources and institutional structures for effective implementation. The strategies adopted have addressed women’s access to resources, choices, opportunities and decision making.  The progress made in achieving goals and commitments, as well as the difficulties faced and the challenges, are reflected in the following sections.

Participation in leadership and decision making

Government of India’s commitment to women’s political empowerment in local governance has brought women to the centre stage of the development process.  The 73rd & 74th Amendments to India’s Constitution have strengthened women’s participation in decision making at all levels, in harmony with the concept of substantive equality.  A country-wide study commissioned in 2008 concluded that a large proportion of the elected women representatives are from the disadvantaged section of society (SC:26%, ST: 13%).  Educational attainment of middle school and above is 48%.  Significantly, as many as four- fifths of the elected representatives did not have anyone in their family affiliated with politics and around 86% were first timers in politics.  A large proportion (72%) reported having been actively involved in providing civic amenities, while 62% said they made efforts in increasing enrolment and mitigating domestic violence.

A sizeable proportion of elected women representatives perceive enhancement in their self-esteem, confidence and decision making ability.  To consolidate the gains made and to make local Government more inclusive, Government of India now proposes to move a Constitutional Amendment for enhancing reservation of women in all tiers of local government from 33% to 50% in the total number of seats.

At the national level, the reservation Bill for 33% women in Parliament and state legislatures was passed by the Rajya Sabha (Upper House) in March, 2010. The Government of India is proud to have the first woman President and woman Speaker of the Indian Parliament.  They have been vigorously pursuing the women’s agenda, guiding initiatives and decision making for speedier socio-economic development of women.

II.     Promotion of Women’s Socio-economic Empowerment

On International Women’s Day, 2010, Government of India launched an innovative initiative aimed at bringing about and sustaining the socio-economic and legal empowerment of women.  The National Mission for Empowerment of Women seeks to do this by ensuring convergence of the women centric programmes being implemented by different Ministries and departments of the Government.  The Mission is aimed at achieving coordinated delivery of these programmes so that benefits of all these schemes/programmes of the Central and State Governments reach their intended beneficiaries and also help them to demand these benefits.

Similar Missions are envisaged at the state level and Government of India has directed the States to put these structures in place.  The Mission also aims to facilitate intensive research on women’s issues and identify gaps in existing schemes/programmes and recommend measures for effective implementation.

Provision of accessible, affordable, accountable, effective and reliable primary health care facilities is the focus of the National Rural Health Mission (NRHM). Though still a major area of challenge in India, the reductions achieved in MMR in recent years, from 301 per 100,000 live births in 2001-2003 to 254 in 2004-06, has to a large extent been the result of the second phase of Reproductive and Child Health (RCH-II) Programme implemented under the NRHM.  Government of India proposes to complement this with a Conditional Maternity Benefit Scheme, to compensate for wage loss and meet nutrition needs of pregnant and lactating women.  Another scheme on the anvil will address the nutrition and health care needs of adolescent girls to break the inter-generational cycle of under nutrition and prepare adolescent girls to become empowered women.  The proposed Food Security Act, with focus on provision of food security at the household level, also has a component on nutrition, and will go a long way to mitigate the hardships faced by women and girls.

The Education for All Campaign (Sarva Shiksha Abhiyaan) with special focus on girls’ education, aiming to target the ‘hardest to reach’ girls through residential schools, mid-day meals and other incentives is set to eliminate gender disparity in primary and secondary education.  This programme is being implemented in partnership with the State Governments to cover the entire country and address the needs of 192 million children in 1.1 million habitations.  The interventions include gender sensitive pedagogy, separate toilets for girls, bridge course for older girls, recruitment of 50% women teachers and an innovation fund per district for need based interventions for ensuring girls’ attendance and retention.  The coming into force of the Right of Children to Free and Compulsory Education Act from 1st April, 2010, with budgetary commitment of 50 billion dollars, has special relevance for out of school girl children including child labour, migrant children and children with special needs.

The National Literacy Mission (Sakshar Bharat) has been recast as the Female Literacy Mission and aims to target 70 million adults in the next five years, out of which 60 million will be women.

Recognizing that women can leverage their strength, increase bargaining power and enhance capacities and skills through joint action, the approach of the Government has been to encourage organization of women into Self Help Groups (SHGs) and to channel resources to these groups.  There are around six million SHGs of which 80% are women’s groups.  The SHG movement has been supported through schemes of a large number of Ministries/Departments, including Women & Child Development, Rural Development, Urban Development, Agriculture, etc. at the national and state level.  SHGs have also been instrumental in empowerment by enabling women to work together as a collective agency where women learn to work together for a common purpose.  Therefore, it is quite common to find women SHGs implementing a large number of development initiatives including watershed development, social forestry and other employment oriented programmes through training, credit, technology infrastructure and marketing, such as Swarnjayanti Gram Swarozgar Yojana (SGSY), Swarna Jayanti Shahari Rojgar Yojana (SJSRY) and Support to Training and Employment Programme (STEP).

The  National Rural Livelihood Mission aims to reduce poverty among rural below poverty line (BPL) households by promoting gainful and diversified rural employment on a sustainable basis and to consolidate the achievements made under the SGSY programme.

Among the poverty focused programmes, Mahatma Gandhi National Rural Employment Guarantee Act (NREGA) enacted in 2005 has come at a time when a decline in agriculture, lack of gainful paid employment, distress migration, and indebtedness had forced many small farmers to sell their land and join the landless population. In this context, NREGA has heralded a new beginning in addressing the unemployment crisis.  This is a nationwide employment scheme that guarantees 100 days of unskilled work for every household in every year. While providing employment, it has to ensure that at least one-third of the beneficiaries are women.  The Act is sensitive to working conditions of women workers as it advocates providing accessible worksite (within 5 kms of workers’ residence), crèches for women with children below six and, above all, gender parity of wages.  So far, total employment of nearly 1 billion person days has been generated and more than 50% of them are for women.  Given the active interest and participation of women in NREGA, the scheme has undoubtedly the potential to be a major instrument in facilitating economic and social transformation.

Recognizing that access to micro-finance is integral to actualizing self-employment, the SHG –Bank linkage programme has reached over 6 million SHGs, out of which 80% are women SHGs, with loans of almost 276 billion having been disbursed.  The National Credit Fund for women (Rashtriya Mahila Kosh), a fund exclusively meant for poor, asset less women, is being restructured to increase its outreach to uncovered areas and larger numbers of women, with a commitment to increase its corpus to5 billion.

A significant milestone has been the passage of the Unorganized Sector Workers’ Social Security Act, 2008 by the Parliament. This legislation facilitates formulation of policies and welfare programmes for the vast majority of workforce in the informal sector, which includes a large percentage of the female workforce.

The National Health Insurance Scheme (Rashtriya Swasthya Bima Yojana), a smart card based cashless health insurance scheme for the poor and marginalised workers in the unorganized sector, was launched in 2008. Of the seventy million plus beneficiaries covered since its inception, approximately 40% are women. Initial studies have shown that RSBY is able to empower women in terms of enabling them to visit hospital without worrying about the cost implications for the family.  Recognizing the need to extend social security to other vulnerable groups, the Scheme is proposed to be extended to cover domestic workers and street vendors, most of whom are women.

III. Gender Budgeting

Gender Budgeting is a strategy of the Government to mainstream gender across all sectors. It paves the way for gender mainstreaming in the development process and in understanding how the needs of women can be addressed in not only traditional areas like agriculture, health, education but also in so called gender neutral areas like Power, Defence, Chemicals, Commerce and Bio Technology, where in the first instance, the gender implications do not seem apparent.

Government of India has adopted Gender Budgeting as a tool for women’s empowerment. Initiatives range from advocacy, training and capacity building to strengthening partnership and strategy sessions. As a result, 56 Ministries/Departments have set up their Gender Budget Cells. The number of Ministries reflecting their schemes and programmes in the Gender Budget Statement has increased from 9 in 2005-06 to 28 in 2010-11.

For governments and concerned citizens seeking to redress inequalities, gender disaggregated data and indices are a means of determining the issues that they must address and monitor to determine the effectiveness of their action. UNDP’s human and gender development and empowerment indices had shifted the attention from Gross Domestic Product to multi dimensional variables in measurement of development. However, it was felt that the Gender related Development Index (GDI) and the Gender Empowerment Measure (GEM) developed by UNDP had to be recast to reflect Indian realities through inclusion of additional indicators.

This initiative has culminated in the First GDI and GEM report titled Gendering Human Development Indices: recasting the Gender Development Index and Gender Empowerment Measures. This report compiles and presents GDI and GEM for India and the States/ UTs for the years 1996 and 2006. 

The HDI, GDI and GEM scores attained by the 35 States/UTs and changes in them over time show us the extent to which a State/UT has progressed in translating its growth into a better quality of life for both women and men. Gaps between HDI and GDI reflect the existence of gender disparities in translating development into equitable outcomes. Together with Gender Budgeting, HDI, GDI and GEM are tools that can be used to achieve gender justice and equitable outcome.

IV.  Elimination of Violence Against Women

Violence against women is complex, takes many forms and intersects with many issues. It is ingrained in the structure of power relations and functions as a mechanism for reinforcing gender inequality. Moreover, women living in poverty are most vulnerable to violence and often are the least able to access formal institutions that might provide support.

The Government of India is engaged in stimulating policy response for reducing women’s vulnerability to violence, both domestic and public, by reviewing laws to remove gender bias, bringing new legal measures aimed at gender justice and implementing schemes/programmes for protection of women.

The Protection of Women from Domestic Violence Act, 2005 provides civil remedies to prevent domestic violence and also protects against such violence by providing immediate and emergency relief to women facing domestic violence. It also provides for a coordinated implementation mechanism consisting of Protection Officer, Service Provider, Medical Facilities and Shelter Homes which are required to work together to provide better access to justice and other support services.

The legal framework relating to rape is provided under Sections 375 to 376D of the Indian Penal Code. Keeping in view the limitations of the existing definition of rape under the law and the paradigm shift in understanding of sexuality and violence, the Government is actively considering a proposal to replace the existing provisions with a comprehensive law on sexual assault, which takes into account various forms of sexual assault that violate the bodily integrity and sexual autonomy of a woman.  In addition, a scheme for financial assistance and support services to victims of rape is under consideration which seeks to provide restorative justice.

In view of the large number of women entering the workforce, it has become imperative for India to consider legislation to ensure protection of women against sexual harassment at workplace. Such protection was so far afforded under guidelines issued by Hon’ble Supreme Court through an order in 1997. The proposed Bill has been finalized after a process of extensive consultations and is currently under the consideration of the Government.

The Criminal Procedure Code (Amendment) Act, 2008, which came into effect on 31st December, 2009 provides for crucial reforms in the criminal justice system by providing better protection to victims of crimes. In particular, the amended law strengthens the procedural safeguards guaranteed to victims of rape and other crimes against women. In a significant change from the existing law, a victim of rape has been statutorily empowered, with the permission of the court, to engage an advocate of her own choice to assist the prosecution initiated by the State and at the same time, ensure that her interests are protected. The Amendment Act also provides for safeguards relating to recording of statements of women victims, in camera trials and protection of her identity. Trial for offence of rape and aggravated rape is required to be conducted as far as practicable by women judges. The Act of 2008 also mandates a three-month time limit for the completion of investigation of cases of rape and child sexual abuse.

With this, the constitutional mandate of gender equality and due process for enforcement of rights, both substantive and procedural, in favour of women facing violence has been upheld. Further, through the Criminal Procedure Code (Amendment) Act, 2008, several safeguards that were already being implemented through Government/Executive guidelines have now obtained statutory recognition.

V. Way Forward

Significant strides have been made towards the goal of achieving gender equity. Revamping existing schemes and formulating new ones, strengthening programme delivery, fund utilisation, monitoring and evaluation, reviewing policies and plans of actions, amending existing Acts and enacting new legislations constitutes some of the more important achievements.

Women’s right to ancestral property and ownership of assets have been recognized; however, realizing these rights continues to be a challenge. Women’s voices in decision making within the family, the community and beyond, are further needed to be secured. While participation of women in political processes has increased at the local level, these gains have to be consolidated and replicated at other levels.

Smt. Krishna Tirath, Minister of State for Women and Child Development in her message said that the agenda for inclusive growth is not yet finished and a lot of work remains to be done to realize the vision for ending the multifaceted exclusions and discriminations faced by women, particularly women belonging to the deprived and marginalized groups, and to ensure that every woman is able to develop to her full potential and share the benefits of economic growth and prosperity.

SELECTED GENDER DEVELOPMENT INDICATORS

SI. No. Indicator Female Male Total Female Male Total
Demography and Vital Statistics
1 Population (in million 1991 & 2001) 407.1 439.3 846.3 496.5 532.2 1028.7
2 Decennial  Growth (1981 & 2001) 23.37 24.30 23.85 21.96 21.16 21.54
3 Sex Ratio (1991 & 2001) 927     933    
4 Juvenile Sex Ratio (1991 & 2001) 945     927    
5 Life Expectancy at Birth (in years in 1991 & 2001) 58.1 57.1   65.3 62.3  
6 Mean Age at marriage 1992 & 2007 19.5     20.6    
Health and Family Welfare
7 Birth Rate (per 1000 in 1981 & 1999) (SRS)     35.6     26.4
8 Death rate (per 1000 in 1981 & 1999) (SRS) 12.7 12.4 12.5 7.2 9.2 8.2
9 Infant Mortality Rate (per 1000 live births in 1990 & 2008) 81 78 80 55 52 53
10 Child Mortality Rate (per 1000 live births under 5 yrs of age in 1985 & 2001 (SRS) 40.4 36.6 38.4 71.6 70.5 71.1
11 Maternal Mortality Ratio (per 100000 live births in 1998 & 2004-06 407     254    
Literacy and Education
12 Literacy Rate (1991 & 2001) in percentage 39.29 64.13 52.21 54.16 75.85 65.38
  Literacy Rate  in percentage 2004-05       57.00 77.00 67.30
13 Gross Enrolment ratio (1991 & 2006-07)            
  Classes I-V (6-11 years) 85.50 113.90 100.10 107.84 114.42 111.24
  Classes VI-VIII (11-14 years) 47.00 76.60 62.10 69.51 77.41 71.00
  Classes IX-XII(14-18years) 10.30 33.90 19.30 36.41 44.42 40.62
14 Dropout rate (1990-91 & 2004-05) (P) in %            
  Classes I-V 46.00 40.10   25.42 31.81  
  Classes I-VIII 65.13 59.12   51.28 50.49  
  Classes I-X 76.96 67.50   63.88 60.41  
Work and Employment
15 Work Force Participation rate – Rural & Urban ( 1990 – 00 & 2005-06 in percentage) 29.9 R

13.9 U

53.1 R

51.8 U

  31 R

14.3 U

54.9 R

54 U

 
16 Share of women employment in Organised Sector (number in Millions in 1992 & 2007) 3.89

(14.4%)

23.16 27.05 5.31

(19.5%)

21.97 27.28
17 Public  sector (number in millions in 1992 & 2007 2.47

(12.8%)

16.74 19.21 3.02

(16.8)

14.98 18.00

 

18 Central Government (number in millions in 1990 & 2007 0.28

(7.51%)

3.49 3.77 0.24

(7.53%)

2.56 2.8

 

Decision Making
19 Administration (no in IAS & IPS in 1997 & 2000) 608

(7.6%)

7347 7955 645

(7.6%)

7860 8505
20 PRIs (figures in lakh  in 2007)       10.48

(36.5%)

18.23 28.71
21 Parliament (no in 1991 & 2009) 77

(9.7%)

712 789 86

(10.89%)

704 790
22 Central Council of Minister ( no in 1985 & 2009 (as on 14.06.09) 4

(10%)

36 40 7

(10.8%)

71 78

Source: Women and Men in India, 2010, Central Statistical Organisation, Government of India

YSK:RS

Release ID :66147)

Relief and Rehabilitation to Rape Victims

The National Commission for Women (NCW) had framed a Scheme in 1995 in the form of a legislation for compensation to and rehabilitation of victims of rape and sexual assault in pursuance of the Supreme Court’s direction in the case of Delhi Domestic Women’s Forum V/S Union of India in Writ Petition (CRL) No. 362/93. However, it was decided in 2005 that an administrative scheme would be prepared, which was done. Since then, the Scheme has undergone several rounds of discussion. After the national consultation held on 7th March, 2010, the Scheme was revised by the NCW in April, 2010.

The draft Scheme proposed by NCW in April, 2010 envisages financial assistance and rehabilitative services, on an application filed by the victim of rape, or by any person or organization on her behalf. The compensation amount can be enhanced looking into the special circumstances of the case and the needs of the affected women. There is also a proposal for setting up of Criminal Injuries Relief and Rehabilitation Boards at National, State and District levels for implementing the scheme.

This information was given by Smt. Krishna Tirath, Minister of Sta0te for Women and Child Development (Independent Charge) in a written reply to a question in the Lok Sabha today.

YSK:PM
(Release ID :63834)