A STATE LEVEL EVENT
''Justice For Domestic Violence Survivors ''
Workshop on Police
''Effective Implementation of Domestic violence Act''
Organised By MJK (Mahila jagran Kendra) and Care India.
THE
WORKSHOP
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This
included Advocate Abha Singhal Joshi of Delhi High Court, Ms. Neelu( chairperson,
MJK), Mr.Rupesh( Advisor to the Commissioner, Right to foodCampaign), Ms Shruti Singh(Advocate, High Court, Patna), and people from the Women’s Helpline
like Ms. Pramila, Shivani Choudhary and Mita Mohini who were also linked to
this issue in some way or the other.
Ms. Babita
introduced everybody and informed that the organization was working on this
issue for a very long time in helping out the women and children and that now
it had joined hands with Care India to spread awareness on Domestic Violence
Act and eliminate it from the society. Then she welcomed everybody and thanked
them for being a part of the workshop yet again.
After
sensitizing the doctors and mobilizing other section of the society on the
issue of Domestic Violence, the focus now shifted to the members of the police.
Hence the motive of this workshop was to train and make the police aware of
this issue and arm them with the required knowledge. Police Inspectors from 57
police stations of three districts of Bihar namely Patna, Samastipur and Gaya
were invited. Ms. Babita then gave a
brief summary of the session and invited Ms. Abha to take over the workshop.
Taking over
the discussion, Ms. Abha Singhal Joshi welcomed everybody and started by
focusing on the intensity of the issue. She said lawyers are not always very
helpful in such cases and sometimes police emerges as the savior. Also various
kinds of exercises like meditation, counseling etc. can get the victims out of
such miseries. Before beginning her session she asked everybody to introduce
themselves and also elaborate on their experiences or problems related with domestic violence if any.
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Everybody
discussed their experiences and following points came up. They said there are many legal options but they try
to solve the problem through mutual understanding. If that doesn’t work out
then they lodge the cases.Sanyukta from (Patna) Sultanganj police station
informed about the female councilors to help the victims out of their troubles
in their police station.
· Rashmi Rekha of (Patna) Kotwali Police station said
that there are times when the women do not want to register their cases or send
their husbands to jails. They simply want to create terror in husbands with the
help of the police. Such cases become difficult for them to handle. Police from Samastipur said that Panchayat also
helps in solving the issues.
· Prabhakar who was a journalist informed that
domestic violence takes place in a number of households and to save the family
from breaking down steps are taken to solve the matter and head towards
re-uniting.
· Manoj from (Patna) Hathua Police Station informed
about a special cell for overcoming this issue and also blamed lack of
education amongst the rural people for the rise in violence.
· As a first step a notice is issued rather than
filing a case as it increases the troubles.
· Prem raj Chauhan from (Patna) Parsa Police Station
said that the fighting arises due to several trivial issues like not willing to
stay in joint families. Sometimes mobile also becomes a problem. And many times
husband keeping two wives is the problem without divorcing any one of them.
· The police from (Patna) Jakkanpur Police station
informed that mostly women from lower class come to report of their drunken
husbands who indulge in wife battering. The police then calls the people
involved and tries to bring negotiation between them. If that is not fruitful,
an FIR is made.
· A police officer from Samastipur mentioned how men
use women in local feuds related to wealth and property but later sort it out
on their own.
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Govardhan Pandit of Barachatti police station said
that cases of wife battering are mostly brought to them and women sometimes
drag the entire families in the matter which is not right.
·
Kapil Dev Paswan from Mohanpur police station, Gaya
reported that women bring a lot of issues to them but they are majorly solved
through mutual understanding.
Ms. Shruti Singh (Advocate)
who works with the organization on the issues related to violence on women and
children said that men are never wrong in whatever they do. They can run away
or keep two wives but they are never ashamed or guilty or even scared of
anything. The role of police then becomes important in using DIR or simply
scaring away the perpetrators of violence so that women can live peacefully in
their husbands or maternal home or even a rented place. According to the law
that came in the year 2005 for the protection of women, it is also applicable
in the matters of property. She was disappointed by the fact that the mindset
of the people hasn’t changed at all and they don’t feel that it is right to
give punishment to the perpetrators of violence. She said that a woman has as
much claim to a house as the husband as the Act has the provision of stopping
the shared house from being sold away or the woman being thrown away from that
shared house. This Act makes sure that a woman leads a life of respect.
Mita Mohini, another
advocate advised the police officers to be more vigilant and do justice in such
cases. She tells them that if it is difficult for them to do their bit then
they should think about their daughters and sisters who can go through this
trauma and then their reaction to the whole situation.
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After
this introduction session, Ms. Abha took over. She said that the police play a
very important role and a lot of pressure is created on them from both the
sides for taking correct measures. A lot of personal and social problems are
discussed with them and then they are expected to take rational steps if the
crime has occurred and file a case against that person.
She
said that in most of the experiences discussed, it was the woman who filed
complaint against the husband. But an important point that arises is that a
woman is not just a wife.
She raised a question that why is it that violence
is only associated with husbands? There are other men in the family too who
perpetuate violence. In many families it is the parents who discriminate
between their sons and daughters and this is also a form of violence. It is an established fact that children have
to look after the well being of their parents but now the condition is that
whatever is beneficial for the children that should be done to ensure their
well being if such kinds of discrimination exists. A family is not always the most secure place.
People did not realize this a few years ago. The police cannot rectify this
issue but a social worker can work on such issues. But people opt for the
involvement of police because it involves a legal and justice oriented
procedure which might get them their justice.
There are
certain questions that the Section 154 raises like- who has the power of investigation?
What is the importance of FIR? Is an arrest made if the names of people are
mentioned in the FIR? What is the correct method of lodging an FIR? Is the
concerned person arrested immediately? Can corrections of the names be made in
the complaint later? The police officers that were present there were asked
these questions. One of them said that if a case is authentic then the FIR is
lodged and the power is completely with the police to decide to whether arrest
the concerned person or not.
She asked
everybody to focus on the cases where it is alleged that women make false
complaints against their husbands and his family just to take revenge over some
issue. What can a police do if he finds that the case is not authentic? What is
the provision mentioned in the law? She asked them that how many times they
have been asked to change their case diaries? There are various pressures that
don’t allow the police to function well. One of the officers got up and
explained how there is no provision of charge sheet against a woman because it
is their duty to protect them. If they feel that the police don’t do enough to
protect them a bigger problem arises for them. They go to senior officers and
complain against them. The authenticity of their complaint is checked later on.
So an important question that arises is that just because a complaint is made
against them by a woman, they can start an unjustified investigation without even
checking that the complaints which are made are real or not? They said they
have to comply and take action otherwise they can get in trouble. To this Ms.
Abha replied that there are several police officers who do not agree to carry
out unauthentic investigation which is highly commendable.
Is the I.O
king of investigation who acts according to his own wish? There are just two
ways- either to voice against the false complaints which are made or to start
with the investigation which is wrong. A police officer informed that false or
unauthentic investigation never takes place because there is a hierarchy of
people above the I.O. The inspector, D.S.P is in the loop and there are
provisions like the Janta Durbar where the Chief Minister can be approached.
With so many authorities involved, I.O can never go wrong.
Ms. Abha further said that the biggest challenge that exists today is
that people are against Section 498 because they think it is highly misused.
She said it can be misused but the ultimate power resides with the police. A
woman can make false complaints but it is the power of the police to take
correct and apt measures. So it is important to understand all provisions of
this section. She said that Sec 498 and Domestic Violence Act is not the same
thing. So when can one make a complaint under 498 A? An officer replied that
whenever a woman is physically, mentally or economically abused then 498 A can
be brought in use.
Moving
on the discussion Ms. Abha focused on the role and powers of Domestic Violence
Act. She put forward the question of role of police under the IPC and DV Act
which are both distinct from each other. She said that the provisions of both
were different. She also said that the policemen should not be seen as the one
with all the powers. They should
not be pressurized and should be given the space to do their work. She said
that the main aim of the workshop would be to focus on the legal structure
related to this issue as they (policemen) formed the part of the implementation
agency of the legal structure.
She said
that the training that the police receive is very dry and technical which
doesn’t go with the laws that are made. It gets very difficult to correlate
them. Domestic violence is not only prevalent in India but is a worldwide
phenomenon. She asked that why is there a law to protect women. To its reply
she said that the Indian Constitution strengthens all its citizens by
protecting them through these laws and give them equal status. The sex, caste,
religion etc. doesn’t matter and everybody has equality in approaching the law.
The
Constitution is criticized by many as it is adopted from various countries and
also blamed for certain problems that occur in the society. She said that only
those people, who couldn’t understand the Constitution, criticize it. It is
only because of the Constitution that the status of the women could be uplifted
in the society. The current scenario is such that the civil society and police
can interact with each other without hesitation and this is a very big
achievement. The Constitution, though it was constituted in 1950, has
strengthened gradually over a long period of time. The Preamble which begins
with “we the people of India” is applicable to all the Indians and they have to
abide by it in all circumstances.
Reverting
back to the issue of domestic violence she said that it first started by the
parent’s who differentiate between the girl and the boy child. The girls are
mentally prepared or trained in an environment of discrimination. They are told
the dos and don’ts since the beginning. They then gradually internalize these
“rules” made especially for them so that they do not face any problem in future
in tackling any issue. They are deprived of the freedom and the openness that
the boys possess. They are told that they are weaker than boys and that that
their body is an object which they have to keep covered and never can they be
open about their sexuality. She informed that whenever women sit for any kind
of training they totally accept that they have been violated by their relatives
in some way or the other and that they never informed their parents about it.
Even if they inform their parents, they try to suppress the matter anyhow. She
asked everybody to ponder on these issues which trouble women in their daily
lives. Only when these questions are deeply thought out, their solutions can be
found out as these issues trigger disturbing questions whose answers are very
important and difficult.
She asked
everybody that if women and men were equal? Most of them said yes. But this
fact is not accepted because it is a patriarchal setup where men dominate and
the behavior towards any situation is not the same. For example, she said that
both men and women are equally capable of climbing a tree but women are
nourished in such a way that they think that they can’t do it. It is only now,
after so much awareness and education that women have come up to the forefront
and intend to do everything that a man does. The situation hasn’t been the same
from the beginning. Time has changed and so has the mindset of the people. But
there is still a long way to go. The women did not always participate in the
Olympics. They were told that they were not fit biologically and weaker than
the men. Till now, many countries do not allow the participation of women.
There was no category in any of the events for women. Somebody elaborated by
saying that people today don’t watch Sania Mirza’s game but focus on the length
of her skirt. According to one of the audience member, science proved that women
are internally, physically weaker than men. Ms. Abha said that even if it is,
it is because of their monthly menstrual cycle and their ability to reproduce.
She tried to explain this with an example. A woman named Neera Mathur appeared
for LIC examination and she qualified for her interview. Further she had to
give medical test to a panel of doctors. She was asked a set of questions like
these.
- Married or Single?
- Husband’s name and Occupation
- Children if any. How many and date of birth.
- Are your periods regular? If not, why?
- Do you experience pain during your periods?
- When was the last time that you got your periods?
- Did you go through any miscarriage? Why?
These
questions were a part of their procedure which was mandatory. Ms Abha asked how
they felt when she was mentioning these questions. Everybody said they didn’t
like it. She said that they shouldn’t feel bad as it is very natural. She
further said that is it necessary for them to take leave during their periods?
Women take leave only because there are provisions for taking leave. Women need
to increase their calcium and iron intake during their periods. But this is not
a disability because it is natural. This is just a situation of discomfort.
Taking periods as a marker of weakness is a sign of discrimination. She asked
the female police officers if they were asked the same question for their
interview or how would they have felt if they were rejected on the basis of
periods. It is a stereotype that women who have periods can’t do anything. In
many communities women are told to remain in one isolated space. A law was
later made granting leave to the working women during pregnancy because
pregnancy was a natural process and not giving them leave was separating them
from their legal right. This should not stop from earning their livelihood. Due
to lack of clean toilets women do not want to work. These are the
infrastructural problems which need to wither away from the society. This is
how inequality in deeply ingrained in our society.
To test the
police officers certain questions were asked and their answers were as follows:
Q1) if a
woman goes out with her boyfriend and later claims that he tried to sexually
harass her. Who is to be blamed and why?
Ans) Generally,
in such cases a boy is blamed. Even if the guy is a friend of the girl and he
does anything objectionable, he will be blamed. If the girl talks about it in
her family she is only blamed. Ms. Abha asked them that what they would do if a
girl brings such a complaint to them. They replied that immediately the
investigation takes place. The other people who were present there said that
the case is only not registered. They said that girls are given a list of
guidelines before they step out of house. They have to follow a code of
conduct. But the boys do not have to follow any such rules. This is where the
discrimination arises. Ms. Neelu gave an example of a man who made false
promises of marrying a woman and then sexually exploited her. He was the son of
Sarpanch. When that woman went to the Danapur police station she was sent to
Gandhi Maidan police station and there she was told to register the case in the
local police station. This is when she came to Mahila Jagran Kendra and
informed that the police have not been cooperative in lodging FIR. So MJK went
with her and tried to reason out with the police. As soon as they left, the
police again became non-cooperative. So this is what generally happens as
reported by Ms. Neelu. She said that they are not blaming the policemen but
their minds are blurred by their stereotypical thoughts. Ms. Abha said she
appreciates those officers who do their duty whole heartedly. She asked them to
not give negative response to the women who bring such complaints. She asked
them to be sensitive towards the women, maintain a register in their police
stations where they could write their complaints.
Q2) Does the transport department has special bus provisions for women in
the
Ans)
This is not a partial treatment towards men. This provision is for the safety
of women. It should not bring the question of inequality.
Q3)
An old widow named Shakuntala Devi has a lot of wealth and property and has 4
sons. None of the sons want to look after their mother.
The
youngest son keeps her but always fools her for money and when she fights back
she is not given food and also doesn’t look after her daily needs. Ultimately,
she goes to a police station to file a complaint. Is she a victim of domestic
violence then?
Ans) Such cases take place in the society but
there are a very few mothers who report against their sons. Despite having so
much wealth they lead a life of a beggar. She cannot even fulfill her basic
needs. Such kind of domestic violence is inflicted upon older women by their
children only. People have a misunderstanding that the Domestic Violence Act is
for the wives only. The police should inform these women about the Act and tell
them about the legal aid that they can avail. They can also write their
complaint in a diary, give them a copy and send them to the protection officers
for further proceedings. Besides this, the police should also know about the
Parents and Senior Citizens Act, 2007 about which they can tell them. There is
a tribunal for this in each district. This means that the burden doesn’t lie
with police entirely. The DV Act makes the police equally responsible towards
the victims. Whatever they feel is correct, they should register the case under
that Section.
Q4) A woman
goes out of the house late in the night without asking her husband, talks on
the phone for long hours with her relatives. The husband checks her phone and
scolds her. He even calls her mentally sick. So what should the woman do? Is
she a victim of domestic violence?
Ans) These
attributes of the woman of talking on for long hours, going out of the house to
meet her relatives etc. is not a sign of being mentally sick. This accounts for
domestic violence. The woman should make certain adjustments but that doesn’t
mean listening to unjustified comments or get beaten up.
Q5) There
are two sisters Rakhi and Rupa and they have two brothers. Their parents have
passed away in an accident. Rupa wants to get married to a person she studies
with but her doesn’t let her do that and doesn’t even allow her to study
further and beats her up. He also throws her out of the house and says he can’t
look after them anymore. He doesn’t give them their share of their parent’s
property. Is this a case of domestic violence? What does she do?
Ans) It is
important for them to know that which Act deals with this case and also their
legal rights. This is also domestic violence. Any male member of the family
(father, son, husband, uncle etc.) who tries to force the woman for anything,
denies her share in the property, scaring her, abusing her, stopping her from
going out (illegal confinement) etc, these all are forms of domestic violence.
For a minor girl there is also a provision of Child Marriage Act, 2007 which
allows the victim to directly take action with the help of police which was
earlier not there. These girls can also get protection order from the
magistrate. This is a very important aspect of domestic violence Act. People
take these issues very casually but statistics show how women can easily get
trafficked and then they commit suicide. The
police should also be updated with all the news laws like the Section 370 of
the IPC. They should possess the new criminal manual which has all the three
new laws and the new amendments.
It
is often said that women cook up stories but that is not true. A lot of women
get beaten up on a daily basis. The statistics are so high that it is not
possible for so many women to make up stories and for what. A lot of incidence
that takes place today happened 15-20 years ago as well. That is the reason why 498 A was made. None
of the medical reports show that a woman was beaten up. The women themselves
hide their story. Women are not self confident and independent enough and it
accounts for behavioral syndrome. To live with dignity and self respect it is
important to be self independent. If the police counsels the victim to still
stay with the abusive husband is like throwing her into trouble. When a woman
wants to give up her life because of the violence inflicted upon her, this is
when 498 A came into existence.
Q6) A hospital hires nurses. Before hiring married nurses the hospital
asks for NOC signed by their husbands. Is that correct?
Ans) It is against the Constitution. This rule has been dissolved by the
court saying that a man and a woman have equal rights in a marriage. Why only
the woman, a man can also leaves his job.
Q7) Usually the men from which of the following categories inflict
violence on violence?
- Lower class- economically and socially
- Rural and uneducated
- High class
- All class
Ans) Men from all class inflict violence especially from the uneducated
background.
Q8) Why is it not important for women to have a share in their parents
property?
- They get a share in their in laws place also
- A lot of money is spent on their wedding
- To keep a healthy relation with her family
- A lot of division reduces the value of the property
Ans) everybody, men and women alike should have an equal claim to the
property to bring about stability and equality in the society. There is a lot
if in balance regarding the property rights which brings differences. Parents
should not give their properties away to their children while they are alive.
Q9) what is domestic violence?
Ans) Ms. Abha said that it is not only the fight between husband and
wife. This should be flushed out of the system. It is the physical, oral,
emotional and economic abuse of any person. DV Act came in the year 2005. It is
punitive in nature and can be solved without the interference of the court. The
victim is that person upon whom the violence is inflicted upon. Two important
aspects are that the person should be blood related or should be a part of a
family. It doesn’t include those people who are guests, staying for only a few months.
Q10) What can be accounted as violence?
Physical violence- battering, blackmailing, ignoring etc.
Economic violence- to not look after the food and nutrition, to cheat in
the matters of wealth and property, deny the claim to wealth, to force someone (usually
wife) to get money or property from the brother etc.
Verbal violence- use abusive words
Emotional violence- blackmail or taunt someone
Q11) What are the provisions under this law?
Under the section 5 of this Act there are roles and responsibilities for
the policemen which they should know. They have to show the victim the correct
path. They are supposed to maintain a diary highlighting the suggestions they
give to that person. They should have the address of the protection officer.
The role of the magistrate is to give orders. The victim can directly
approach the magistrate for her protection. He can give the order that nobody
can inflict violence upon her. This is called the “protection order”, which is
an order to stop the domestic violence. Sometimes it is seen that the head of
the family sells his property making everybody else homeless. In such cases
protection orders can be passed so that the members do not feel unsafe.
This Act also gives the victim to avail the provision of “Residence
Order” and maintenance. A mother can ask for her child’s maintenance and for
her child’s custody she can take protection order from the magistrate. Those
who do not abide by the orders can be sent to jail for a period of one year or
a fine of Rs. 20000 can be imposed on them. The magistrate can give one sided
interim orders until the entire investigation is completed because that doesn’t
harm anybody. This order is valid till the protection officer submits a report
to the magistrate. This law can be used for solving any tussle between two
people.
Q 12) What can be the needs of a domestically violated woman?
- Someone to listen to her without interrupting her.
- Get her medical help
- Protect her from the violence
- Give her a place to live
- To register the case, do the needful investigation.
- Counseling
- Any kind of helpMake her aware her of her rights
Q 13) What are some of the important information for the police?
What is 304 B?
A woman who dies within 7 years of her marriage for not being able to
fulfill the demands of dowry by her husband and in laws is called dowry death
and this case can be registered under Section 304 B. When a dowry death takes
place, the police should know how to preserve everything from the scene of
crime. This is a very important skill.
They should cease the telephones, the computer hard drives and pay a special
attention to inquest. They should also keep a check on their junior officers
because they can disrupt the evidences in their greed of money. If the
investigation is on the right track from day one, it gets difficult to spoil
the case.
These are very severe issues that exist in our country because the number
of victims is really high. There is only one thing that can empower women and
that is equality. This can be changed or rather stopped only if there is a
change in the mindset of the people. This brings a lot of shame to our society
because women at an alarming rate have been abused or violated.
Post this round of question and answers Ms. Babita took over. She thanked
everybody present there and this is how the workshop came to an end with a hope
that whatever knowledge was spread across today will be effectively brought in
force by the police members. She expected everybody present there to be
vigilant enough and make proper use of this law. She also expressed her
disappointment to the fact that they had invited policemen from 57 police
stations but not all of them could turn up. She thanked the DGP because of whom
the police officers could attend the workshop. A heartfelt thank you was given
to Ms. Abha who from her busy schedule took out some time and came to conduct
this workshop. There were members from other organizations as well who were
thanked along with Mr. Rupesh who in the right to food campaign is the advisor
to the Commissioner and Ms. Neelu who is the Chairperson of MJK. With the
support of everybody, this workshop was a huge success.
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