02.10.2007 - Source: Amnesty International

Karnataka/Bangalore city: Harassment of women workers’ rights in the garments export industry and harassment of associated campaigning activists based in the Netherlands; harassment included the filing of apparently false criminal charges against them and the curbing of their freedom of expression ("India: Continued harassment of defenders of women workers’ rights and campaigners abroad [ASA 20/017/2007]") [ID 21364]

Document(s): Open document

06.03.2007 - Source: US Department of State

Rape in custody ("Country Report on Human Rights Practices 2006") [ID 19113]

"The rape of persons in custody was part of a broader pattern of custodial abuse. NGOs asserted that rape by police, including custodial rape, was more common than NHRC figures indicated. A higher incidence of abuse appeared credible, given other evidence of abusive behavior by police, and the likelihood that many rapes went unreported due to the victims' shame and fear of retribution. However, legal limits placed on the arrest, search, and police custody of women appeared to reduce the frequency of rape in custody. There were no recent NHRC data on the extent of custodial rape.   

There was a pattern of rape by paramilitary personnel in Jammu and Kashmir and the northeast as a means of instilling fear among noncombatants in insurgency-affected areas (see section 1.g.), but these incidents were not included in NHRC statistics, as the NHRC does not have direct investigative authority over the military.    "

Document(s): Open document

06.03.2007 - Source: US Department of State

Release of the head of the Dukhtaran-e-Millat ("Country Report on Human Rights Practices 2006") [ID 19197]

"On January 10, authorities released Sayeda Assiya Andrabi, the head of the all-female Dukhtaran-e-Millat, and eight of her associates. They had been arrested in September 2005 for campaigning against adultery, prostitution, and drug addiction."

Document(s): Open document

06.03.2007 - Source: US Department of State

Women in Politics ("Country Report on Human Rights Practices 2006") [ID 19869]

"There were 72 women in the 783-seat national legislature, and 10 in the 34-member cabinet of ministers. Numerous women were represented in all major parties in the national and state legislatures. The Constitution reserves 33 percent of seats for women in elected village councils (Panchayats).
 "

Document(s): Open document

06.03.2007 - Source: US Department of State

Protection of Women from Domestic Violence Act ("Country Report on Human Rights Practices 2006") [ID 19908]

"On October 27, the Protection of Women from Domestic Violence Act of 2006 took effect. Media reported that four cases were booked under the Act in Andhra Pradesh by early November. The new law bans harassment by way of dowry demands and gives sweeping powers to a magistrate to issue protection orders where needed. Punishment ranges from jail terms of up to one year and/or a fine of approximately $450 (Rs 19,800). Domestic violence, under the new law, includes actual abuse or the threat of abuse whether physical, sexual, emotional, or economic. In late October, Tamil Nadu police arrested a man after receiving a complaint from his wife. On November 15, a city court ordered Hiralal Chauhan to pay maintenance to his estranged wife as temporary relief and directed the police to provide protection to the woman, now living with her parents.   Rape and other violent attacks against women continued to be a serious problem. Under the new Domestic Violence bill passed in October, spousal rape is criminalized. According to the NCRB, there was an instance of domestic violence every nine minutes. According to the National Family Health Survey (NFHS) that was conducted during the year, every third woman dealt with spousal violence. The NCRB reported that the number of rapes had increased from 14,809 in 2004 to 15,847 in 2005, while reported molestations had increased from 31,716 to 33,169. According to the NCRB, two rapes took place every hour, one in five victims was a child, and 19 out of 20 of those arrested for rape went unpunished. According to the NCRB, victims knew their rapists in 15,619 cases. As of June 248 cases of rapes were reported and registered in New Delhi, resulting in the arrest of 330 men in New Delhi and the closure of 232 cases. "

Document(s): Open document

06.03.2007 - Source: US Department of State

Prohibition of dowry and dowry-related harassment and murder ("Country Report on Human Rights Practices 2006") [ID 19912]

"Under the law, courts must presume that the husband or the wife's in-laws are responsible for every unnatural death of a woman in the first seven years of marriage--provided that harassment was proven. In such cases, police procedures required that an officer of the rank of deputy superintendent or above investigate and that a team of two or more doctors perform the postmortem procedures; however, in practice police did not follow these procedures consistently.
 Madhya Pradesh, Kerala, Bihar, and several other states had a chief dowry prevention officer (CDPO), although it was unclear how effective they were. Madhya Pradesh also required that all government servants seeking to marry produce a sworn affidavit by the bride, the groom, and his father that no dowry exchanged hands.
 In May 2005 the Supreme Court ordered the creation of a commission to end dowry. In August 2005 parliament passed the Domestic Violence Bill to deal with dowry-related harassment and murder. The bill provides sweeping powers to magistrates to issue protection orders. In October parliament passed the Protection of Women from Domestic Violence Act which recognizes all forms of abuse against women in the home, including physical, sexual, verbal, emotional, or economic abuse. The law empowers women to file a case against a person with whom she is having a domestic relationship in a "shared household" and who has subjected her to domestic violence. The law recognizes the right of women to reside in a shared household with her spouse or partner even while the dispute continues. Women can be provided with alternative accommodations, to be paid for by the spouse or partner. The law provides women with the right to police help, legal aid, shelter homes and access to medical care.
 "

Document(s): Open document

06.03.2007 - Source: US Department of State

Honor Killings due tu objections by caste or religous communities ("Country Report on Human Rights Practices 2006") [ID 19913]

"During the year honor killings continued to be a problem, especially in the northern states of Punjab and Haryana. Human rights organizations estimated that up to 10 percent of all killings in those two states were honor killings; however, the true number may be much higher. In July the Supreme Court condemned honor killings and directed police to take action against anyone harassing couples that married in spite of objections by their caste and religious communities."

Document(s): Open document

06.03.2007 - Source: US Department of State

Manipur State Comission for Women Bill ("Country Report on Human Rights Practices 2006") [ID 19920]

"On March 5, the Manipur Legislative Assembly passed the Manipur State Commission for Women bill, which provides for the creation of a commission for women with a chairperson, three members, and a member secretary, along with supporting staff, to investigate complaints and issues related to women."

Document(s): Open document

06.03.2007 - Source: US Department of State

Equal inheritance rights to women ("Country Report on Human Rights Practices 2006") [ID 19921]

"In August 2005 parliament removed discriminatory clauses from the Hindu Succession Act by giving equal inheritance rights to Hindu, Buddhist, Jain, and Sikh women, including giving married daughters the same inheritance rights as male heirs."

Document(s): Open document

06.03.2007 - Source: US Department of State

New talaq (divorce) guidelines ("Country Report on Human Rights Practices 2006") [ID 19923]

"In May 2005, in response to concerns about the improper use of the triple talaq (which literally means "divorce" in Urdu), the All-India Muslim Personal Law Board (AIMPLB) adopted new talaq guidelines, stating that men should use a reversible single talaq followed by a three-month waiting period known as the iddat. The guidelines also call for the husband to pay compensation to the wife's family in case of divorce, equality in property rights, protection against physical and emotional abuse of wives by their husbands, and assurances that remarried women will be able to maintain contact with their families. "

Document(s): Open document

06.03.2007 - Source: US Department of State

Female feticide ("Country Report on Human Rights Practices 2006") [ID 20043]

"Sex determination tests are illegal in the country under the 1994 Pre-Natal Diagnostic Techniques Act (PNDT). However, NGOs reported that some family planning centers continued to reveal the sex of fetuses. Both female infanticide and selective feticide targeting females occurred during the year as the traditional preference for male children continued. The government did not enforce effectively the law prohibiting termination of a pregnancy for sexual preference. However, in 2001 authorities for the first time arrested a doctor in Haryana was arrested for performing a pre-natal sex determination test. On March 28, a court sentenced the physician to two years in jail and a fine of $111 (Rs 4,900).   In February the London based Lancet estimated that 10 million female babies may have been aborted in the country in the past 20 years. The figure was contested by some activists working on this issue as exaggerated. The Observer newspaper reported that pregnant British women of Indian origin who were denied gender based abortions in the United Kingdom traveled to the country to abort female fetuses. According to Parivar Seva Sanstha, an NGO working closely with the Ministry of Health and Family Welfare, there were 5.7 million illegal abortions in the country each year. Per NFHS, nearly 50 percent of women did not receive prenatal care. According to the records of the Delhi government, only 700 of the 1,800 registered ultrasound clinics submitted monthly reports mandated under the PNDT. Easy availability and indiscriminate use of technology further abetted the situation.   In August two mass graves of female fetuses were discovered in Patiala, Punjab. The court arrested Pritam Singh and his wife Amarjit Kaur for allegedly performing illegal abortions in Sahib Hospital. They were sent to judicial custody. The Punjab government ordered a crackdown on all private maternity homes, a large number of which were suspected of conducting illegal abortions.  Parents often gave priority in health care and nutrition to male infants. The burden of providing girls with an adequate dowry was one factor that made daughters less desirable. The states of Punjab, Haryana, Gujarat, Uttar Pradesh, Himachal Pradesh, Delhi, parts of Tamil Nadu, Maharashtra, and Karnataka reported particularly low female/male ratios. Nationally, there are only 927 girls per 1,000 boys. In 14 districts of Haryana and Punjab there are fewer than 800 girls per 1,000 boys. The problem was also acute among some of the wealthiest and best-educated communities.  The Health and Family Welfare Ministry set up a "National Support and Monitoring Cell" to curb the practice of female feticide by targeting and apprehending those who carry out or abet female feticide. The government also acknowledged that an education campaign is needed to change the social preference for boy children, and launched a "Save the Girl Child" campaign designed to highlight the achievements of young girls.  Proving that such campaigns can be successful, authorities from the village of Lakhanpal in central Punjab ran a program to end female feticide, and, as a result, more girls were subsequently born there than boys. The latest figures showed 1,400 female and 1,000 male births. Historically, Punjab had the lowest girl-to-boy ratio in the country, at 776 to 1,000."

Document(s): Open document

06.03.2007 - Source: US Department of State

Trafficking in children and women ("Country Report on Human Rights Practices 2006") [ID 20044]

"Trafficking of children into domestic servitude and sweatshops remained a problem. States in the northeast region (Assam, Meghalaya, Nagaland, Manipur, Mizoram, Tripura, Arunachal Pradesh, Sikkim), and Bihar served as main sources points for domestic servants in Kolkata, Delhi, Hyderabad, Mumbai, and to a certain extent to Bangalore. The increasing number of domestic servant recruitment agents suggested that large trafficking networks operated in the region. In many cases women and girls were first brought by the agents through local transportation to Siliguri; then they traveled to different destinations with the traffickers. Often traffickers used truck drivers to carry women and girls from the northeast through National Highway 31, which connected the region to the central part of the country.  A survey by INTUC, the trade union wing of the Congress Party, noted that the trends in trafficking can be determined by monitoring the reports of "missing girls" filed by parents in the northeast states. The report stated that 40 percent of the police officials interviewed were unaware of the growing trade in women and children. The media reported that nearly every third house in the poorest districts of Jharkhand had a child who left home in search of food and work and may have been a potential victim of trafficking.  Traffickers usually targeted minors and Dalit women. A study prepared by Bhoomika Vihar, an NGO from Bihar, said that out of the 173 identified cases of women who had become victims of the sex trade, 85 percent were minors, and half were Dalits. The report claimed that trafficking, although not often reported, occurred almost everywhere. Pangsa and Dimapur in Nagaland and Moreh in Manipur were the major trans-border transit and demand centers. Women and children from Assam and Bangladesh were trafficked to Moreh and were moved from there to Burma and other Southeast Asian countries. The conflicts in the north-eastern states made women and children highly vulnerable.  Global Organization for Life Development (GOLD), an NGO working in Assam to combat trafficking and HIV/AIDS, said that there was usually an upsurge in trafficking of girls during natural disasters.  "

Document(s): Open document

13.12.2006 - Source: Asian Centre for Human Rights

Vulnerability of tribal women ("SAARC Human Rights Report 2006") [ID 18226]

"Tribal women were extremely vulnerable to sexual violence. In 2005, a total of 640 rape cases were reported against the Scheduled Tribe women as compared to 566 cases in 2004. During 2005, Madhya Pradesh reported the highest number of rape cases against Scheduled Tribe women (294) accounting for 45.9 percent of the total rape cases of tribal women in the country.[128] On the night of 9 December 2005, the right hand of a tribal woman Kamlabai was chopped off in an attack on her family by the upper caste men at Nigari village in Raisen district of Madhya Pradesh. The attack was made following her refusal to withdraw her complaint of rape against two upper caste villagers Manmod Singh Mehra and Siyaram Raghuvanshi despite repeated warnings. The assailants barged into the house of the victim, dragged her to the courtyard and brutally chopped off her hand with an axe after tying her hands and feet. They also beat up her family members and set afire the house. The victim had filed a rape case against Manmod Singh Mehra and Siyaram Raghuvanshi with Silwani police station on 9 April 2002. On 27 September 2005, the victim's sister filed another complaint alleging rape by Manmod Singh Mehra.[129] The police arrested five persons identified as Manmod Singh, a schoolteacher, Devi Singh, Premnarayan, Ramsevak and Dinesh Raghuvanshi in connection with the attacks on 9 December 2005.[130]"

Document(s): Open document

13.12.2006 - Source: Asian Centre for Human Rights

Violence against Dalit women ("SAARC Human Rights Report 2006") [ID 18233]

"Though Dalits are considered untouchable, rape of Dalit women is common. The National Crime Records Bureau recorded a total of 1,172 cases of rape against the Scheduled Caste women during 2005.[172] On the night of 10 April 2005, a Dalit woman, wife of a Dalit policeman from Begusarai, was abducted and gang raped by four upper caste men after taking her to a hotel in Munger in Bihar.[173] On 12 June 2005, a 5-year-old Dalit girl was reportedly gang raped after taking her to an abandoned area at Sukhdevpur village under Dhaulana police station in Ghaziabad district of Uttar Pradesh. The police reportedly refused to register the case.[174] Dalit women have been subjected to brutal torture, degrading treatment, humiliation and rape. On 2 August 2005, a young pregnant Dalit woman Manju Devi, wife of Binod Sada, reportedly died after being brutally hit with rifle butt by former Rashtriya Janata Dal MLA Sunil Kumar Pushpam because she failed to move out of the road quickly when his jeep started honking at her on the muddy road at Beethan village in Samastipur, Bihar.[175] On 28 April 2005, a Dalit woman Nirmala Devi was allegedly beaten up, tonsured and paraded naked after blackening her face by the upper caste men for refusing to work as domestic maid in Paswan Tola at Dhameli village under Mirganj police station in Purnia district of Bihar. A case was filed with the Mirganj police station on 2 May 2005.[176] On 19 September 2005, a group of Dalit women belonging to the barber community were reportedly dragged out of their houses and paraded naked on the streets by some men from upper-caste Khandayat community in Bhubanpati village in Puri district of Orissa after their husbands refused to wash the feet of upper caste bridegroom and other members of the marriage party.[177]"

Document(s): Open document

13.12.2006 - Source: Asian Centre for Human Rights

Violence against women ("SAARC Human Rights Report 2006") [ID 18234]

Violence by the security forces, Violence by the armed oppsoition groups, Cruel cultural practices

"According to the National Crime Records Bureau's 2005 Annual Report, 1 crime was committed against women in every 3 minutes, 1 rape in every 29 minutes, 1 molestation in every 15 minutes, 1 dowry death case in every 77 minute in the country during 2005. The NCRB recorded a total of 1,55,553 cases of Violence Against Women (VAW) including 18,359 cases of rape involving 18,376 victims, 34,175 cases of molestation, 15750 cases of kidnapping, 6,787 cases of dowry deaths and 58,319 cases of torture in 2005.[181] Despite high rate of violence against women, only 24 out of 28 states in India have established State Commission for Women by 2005.[182] Women also became victims of violence by the security forces and armed opposition groups and as a result of cruel cultural practices."

Document(s): Open document

13.12.2006 - Source: Asian Centre for Human Rights

Girl child: Target of sexual abuse ("SAARC Human Rights Report 2006") [ID 18426]

"According to Annual Report 2005 of National Crime Records Bureau, a total of 4026 cases of child rape were recorded during 2005.[222] Many of the cases of child-rape were committed by the law enforcement personnel. Some of the cases of child-rape reported were rape of a 12-year-old girl by an Assam Rifles constable Gautam Tamang in Karbi Anglong district of Assam on 7 February 2005;[223] rape of a minor girl by Tripura State Rifles personnel Rabi Debbarma at Gajapara under Sidhai police station area in the West Tripura district on 9 February 2005;[224] rape of a 17-year-old college girl by constable Sunil Atmaram More inside a police post on Marine Drive in Mumbai, Maharashtra on 21 April 2005;[225] rape of a 8-year-old girl by an SPO of Punjab police at his residence in Ludhiana in Punjab in May 2005;[226] rape of a 14-year-old girl at the police quarters in Bhuj, Gujarat by Police sub-inspector BN Chawda and assistant sub-inspector Raghuvirsinh Jadeja on 28 July 2005;[227] repeated sexual abuse of his minor domestic help by Head Constable Abdul Hanief at Sowjian area in Jammu and Kashmir;[228] rape of a 15-year-old ragpicker by Head Constable Chandrakant Pawar attached to Sahar police station in Mumbai on the night of 17 October 2005;[229] and rape of a 14-year-old girl of IG Colony in Nangloi by constable Bijender posted with the Sarai Rohilla railway police in Sarai Rohilla in north Delhi on 21 December 2005.[230] In one of the worst cases, on 23 September 2005, Rama Shankar Yadav, a constable posted at the Transport Nagar police station in Gorakhpur, Uttar Pradesh, allegedly set on fire a teenaged girl identified as Poonam, daughter of Radhey Shyam, after failing to molest her. The girl succumbed to her burn injuries on the way to hospital. A case under Sections 376, 511 and 302 of the Indian Penal Code was registered with the Cantonment police station.[231] Law enforcement officials often try to shield the guilty especially if the accused are government servants. On 1 January 2005, two persons, including a Naib Tehsildar of the state government posted at Palwal town in Faridabad district of Haryana, reportedly abducted a 15-year-old girl student of Government Girls Secondary School, Palwal. In her statement, the victim reportedly claimed that her captors raped her and the medical examination also confirmed rape. The police officials allegedly forced the victim to change her statement. On 6 January 2005, lawyers staged a demonstration alleging that a senior police official posted at Palwal called the victim to the police station on the pretext of personally hearing her and thrashed and forced her to change her statement.[232]"

Document(s): Open document

22.08.2006 - Source: BBC News

Madhya Pradesh: Woman burns to death in Tuslipar village on her husband's funeral pyre, committing the outlawed Hindu practice of "sati" ("India wife dies on husband's pyre") [ID 17373]

Document(s): Open document

20.06.2006 - Source: BBC News

Politicians held in sex scandal ("Politicians held in sex scandal") [ID 15503]

Document(s): Open document

12.06.2006 - Source: Guardian

Man 'forced 10 abortions on wife in quest for son' ("Man 'forced 10 abortions on wife in quest for son'") [ID 15499]

Document(s): Open document

23.05.2006 - Source: Amnesty International

Annual Report 2006 ("Annual Report 2006") [ID 15837]

"Amtliche Bezeichnung: Republik Indien Staatsoberhaupt: A. P. J. Abdul Kalam Regierungschef: Manmohan Singh Todesstrafe: nicht abgeschafft Statut des Internationalen Strafgerichtshofs: nicht unterzeichnet UN-Frauenrechtskonvention: mit Vorbehalten ratifiziert Zusatzprotokoll zur Frauenrechtskonvention: nicht unterzeichnet"

Document(s): Open document

12.04.2006 - Source: BBC News

Swift verdict in India rape case ("Swift verdict in India rape case") [#49108],  [ID 15436]

Document(s): Open document

28.03.2006 - Source: UK Home Office

Report on general, political and human rights situation (Sikhs, Christians, Muslims and Hindus; land disputes, members of Akali Dal, domestic violence, prison conditions) ("Operation Guidance Note: India") [#48239],  [ID 6633]

"[...]
3.11 Women who fear domestic violence
3.11.1 Claimants may fear they face domestic violence at the hands of their husbands or other family members.
3.11.2 Treatment.
Although India has signed and ratified the UN Convention on the Elimination of All Forms of Discrimination against Women and has a number of constitutional safeguards guaranteeing equal rights for women, there is evidence of huge gaps between constitutional guarantees and the daily realities of women's lives.82 In 2004 and 2005, domestic violence including dowry-related abuses and ‘bride-burning’ was reported to be a common and serious problem across all religious, class, and casteboundaries.83 It has been reported that every 6 hours in India a young married woman is burned alive, beaten to death or driven to commit suicide and that at least 45% of Indian women are slapped, kicked or beaten by their husbands, many of them on a continual basis.84
3.11.3 Sufficiency of Protection.
Women reportedly continued to face discrimination at the hands of the police, the criminal justice system and non-state actors during 2003 and 2004, whilst the independent judiciary was under funded and overburdened.85 However, the Indian Government has advised State governments to undertake a number of measures for the prevention of crime against women. This includes the registration of First Instance Reports (FIRs) in all cases of crime against women, the prominent exhibition of help-line numbers of the crime against women cells at public places, the setting up of women police cells in the police stations and exclusive women police stations where necessary, the creation of short-stay homes for female victims of crime and adequate training of police personnel in special laws who deal with crime against women.
3.11.4 In August 2005, ‘The Protection of Women from Domestic Violence Bill, 2005’, which seeks to protect women from all forms of domestic violence and check harassment and exploitation by family members or relatives, was passed by the Indian Parliament. The bill seeks to deter all forms of domestic violence against women by providing for punishment of up to a one year jail term and defines the expression ‘domestic violence’ to include actual abuse or threat of abuse: physical, sexual, verbal, emotional or economic violence. The bill also seeks to ban harassment from dowry demands and gives sweeping powers to magistrates to issue protection orders.
3.11.5 Those experiencing domestic violence at the hands of their husbands or other family members can therefore reasonably seek protection from the Indian authorities. However, the provision of this assistance may be inadequate to ensure that every individual woman who needs assistance and protection is able to access it. Additionally, some women’s ability to access this help and assistance may be limited by such factors as their location, lack of literacy and lack of awareness of their rights in what remains a
patriarchal society.
3.11.6 Internal Relocation.
The law provides for freedom of movement and the Government generally respects this in practice, however, in certain border areas the Government requires special permits.88 However, the situation as regards internal relocation for single women, divorcees with or without children, and widows may differ from the situation for men as it may be difficult for women on their own to find secure accommodation. Although rents are high and landlords are often unwilling to rent to single women there are hostels particularly in urban areas where a large number of call centres provide employment.89 The situation for women with children is likely to be more difficult as children may not be accepted in hostels.90 Illiterate women from rural areas are likely to find it particularly difficult to obtain accommodation as a lone woman.91
3.11.7 For some women in India relocation will not be unduly harsh but this is only likely to be the case where the individual is single, without children to support and is educated enough to be able to support herself. Some single women may also be able to relocate to live withextended family or friends in other parts of the country. However, where these circumstances do not apply internal relocation is likely to be unduly harsh.
3.11.8 Caselaw
Balvir Kaur [2002] UKIAT03387. The Tribunal found that it would be unduly harsh to expect a woman from a rural background to relocate to another part of India because in reality she would be destitute, without accommodation, without housing and with no one to turn to.
3.11.9 Conclusion. The position and treatment of women within the family in India is such that a significant percentage of women may be the victims of some kind of domestic violence. Women can seek protection from the authorities and legislation has been introduced to persecute perpetrators. However, some Indian women, such as those from rural areas or those who are illiterate, may be unable to access this assistance. The most recent information available on the situation of women in India does not support the view that women in India are a particular social group, in particular there is no evidence that the Indian Government supports or condones the ill-treatment of women therefore a grant of asylum will not be appropriate. Where an Indian woman is able to show that she faces a real risk of domestic violence amounting to torture or inhuman or degrading treatment, is unable, or unwilling through fear, to access protection and where internal relocation is unduly harsh, a grant of Humanitarian Protection will be appropriate. Cases in this category should only be certified as clearly unfounded where it is unarguable that there is a sufficiency of protection in the individual case or where it is unarguable that internal relocation is not unduly harsh in the individual case.[...]"

Document(s): Open document

03.02.2006 - Source: Guardian

Muslim women should not work with men or go shopping in areas where they could mix with strangers of the opposite sex, according to an edict for social reforms issued by the influential All India Muslim Personal Law Board ("Don't work with men, Muslim clerics tell Indian women") [#43394],  [ID 6634]

Document(s): Open document

20.10.2005 - Source: BBC News

Mumbai (Bombay): 2 constables arrested over rape allegations ("Mumbai police say no to festival") [#38223],  [ID 6635]

Document(s): Open document

01.09.2005 - Source: Reporters Sans Frontières

Chhattisgarh, Pithora: Reporter of Hindi-language daily Jansatta attacked with knife; assailants were allegedly members of regionally prominent Gardia family, which she had linked to trafficking in women in an article few days before ("Knife attack on journalist over story about trafficking in women") [#36180],  [ID 6636]

Document(s): Open document

08.2005 - Source: Freedom House

Annual survey of political rights and civil liberties 2004 ("Freedom in the World 2005") [#41316],  [ID 6637]

"[...]Police routinely torture or otherwise ill-treat suspects to extract confessions or bribes. Custodial rape of female detainees continues to be a problem, as does routine abuse of ordinary prisoners, particularly minorities and members of the lower castes. Police brutality appears to be especially prevalent in the northern Indian state of Uttar Pradesh, which has high levels of custodial deaths and extrajudicial executions, according to a 2003 briefing paper released by the New Delhi - based Human Rights Documentation Centre. The National Human Rights Commission (NHRC), whose profile has grown since its creation in 1993, is headed by a retired Supreme Court judge and handles roughly 75,000 complaints each year. [...]
Police, army, and paramilitary forces continue to be implicated in disappearances, extrajudicial killing, rape, torture, arbitrary detention, and destruction of homes, particularly in the context of insurgencies in Kashmir, Andhra Pradesh, Assam, and several other northeastern states.[...]
Each year, several thousand women are burned to death, driven to suicide, or otherwise killed, and countless others are harassed, beaten, or deserted by husbands, in the context of dowry and other disputes. Despite the fact that making demands for dowry is illegal and that hundreds are convicted each year, the practice continues to spread. Rape and other violence against women remain serious problems, with lower-caste and tribal women being particularly vulnerable to attacks. Muslim women and girls were subjected to horrific sexual violence during the communal violence that engulfed Gujarat in 2002, and there has been no official attempt to provide rehabilitation for those victims still alive or to prosecute their attackers, according to a 2003 Amnesty International report. Muslim personal status laws as well as traditional Hindu practices discriminate against women in terms of inheritance rights. The malign neglect of female children after birth remains a concern. An increasing use of sex-determination tests during pregnancy, after which female fetuses are more likely to be aborted, and the practice of female infanticide by those who cannot afford the tests have contributed to a growing imbalance in the male-female birth ratios in a number of states, particularly in the northwest. [...]"

Document(s): Open document

25.05.2005 - Source: Amnesty International

Violence against women ("Annual Report 2005") [#32264],  [ID 6639]

"[...]Despite the efforts of women’s rights advocates to address the widespread problem of violence in the home, India still lacked comprehensive legislation addressing domestic violence. The government failed to submit overdue periodic reports to the UN Committee on the Elimination of Discrimination against Women. Impunity continued for most perpetrators of widespread rape and killing in Gujarat in 2002. During the communal violence Muslim women were specifically targeted and several hundred women and girls were threatened, raped and killed; some were burned alive. [...]"

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Open document

05.2005 - Source: Human Rights Watch

Report on reconstruction following 2004 tsunami (impact of and response to tsunami, addressing needs of vulnerable populations, neglected communities, caste-based discrimination, barriers to re-establishing livelihoods, inadequate shelter and protection from forced relocation) ("After the Deluge: India’s Reconstruction Following the 2004 Tsunami") [#49014],  [ID 6638]

"[...]Women and girls often confront discrimination and gender-based violence in the aftermath of large-scale natural disasters.61 Women confront discrimination in gaining access to humanitarian aid, often distributed through male household heads. Disruptions in family and community support structures, inadequate housing, and a lack of support services also put women and girls at increased risk of violence with limited access to help. Pregnant and lactating women may not have access to necessary health care and food supplements.[...]"

Document(s): Open document

17.03.2005 - Source: BBC News

West Bengal: Government opposed request of controversial Bangladeshi writer for citizenship, claiming that granting her Indian citizenship or residency could cause religious strife ("Bengali writer's request opposed") [#30238],  [ID 6640]

Document(s): Open document

27.01.2005 - Source: Amnesty International

Report focused on failures of the Gujarat state to prevent grave human rights abuses perpetrated against women (violence against women, justice, state responsibility for abuses by private actors, areas of state failings) ("Justice, the victim - Gujarat state fails to protect women from violence (Summary Report)") [#28565],  [ID 6641]

Document(s): Open document

13.01.2005 - Source: Human Rights Watch

Annual report on human rights situation in 2004 ("World report 2005") [#28211],  [ID 6642]

"[...]Women and girls confront discrimination and violence in practically every aspect of life. A strong preference for sons over daughters has led to sharply skewed gender ratios in several states. Sex-selective abortions, female feticide, and inadequate provision of food and health care to girls has led to ratios of less than eight hundred women for every one thousand men in some places. Despite several legal provisions for gender equality, women still struggle to realize equal rights to property, marriage, divorce, and protection under the law. Gender-based violence, including domestic violence, sexual harassment, sexual assault, and trafficking into forced labor and forced prostitution remain serious and pervasive problems in India. Domestic violence includes dowry-related abuses and “bride-burning.”
Activists continue to campaign for reform of rape laws to protect women and children from all forms of sexual violence. The pervasive understanding of ‘rape’ is that it occurs only when a stranger uses force on a woman. A marital exemption protects men from being prosecuted for raping their wives. Marital rape is not recognized or penalized unless the wife is under the age of fifteen or if she lives separately from her husband.
There is inadequate legal protection for abuse against girls, boys, and men, or for sexual violence between spouses. In the absence of a more suitable law, section 377 of the Indian Penal Code, which penalizes consensual sexual activity deemed “unnatural,” is also used to prosecute the sexual abuse of children and women.
This provision has also been used to penalize men having sex with men, and has been used as justification for harassment of HIV/AIDS educators. The Delhi High Court dismissed a legal challenge to section 377, dealing a disappointing set back for activists working to improve the rights of gay and lesbian people in India. [...]"

Document(s): Open document

21.12.2004 - Source: UK Home Office

Report on the fact finding mission to India, 11-24 July 2004, with special focus on women (economic status of women and property rights, gender discrimination, violence against women, enforcement of legislative protection and protection infrastructure) ("Report of the fact finding mission to India; 11 - 24 July 2004: Women in India") [#28304],  [ID 6643]

Document(s): Open document

15.12.2004 - Source:

Background information on Dukhtaran-e-Millat [ID 6644]

"An all-woman outfit, the Dukhtaraan-e-Millat (DeM) can be categorized as a soft-terrorist outfit in the sense that it uses extra-legal means including threats to impose its doctrines but has not taken to arms so far. The outfit, formed in 1987 has claimed that the Kashmir issue is primarily a religious issue and jehad is mandatory. It also supports the accession of the Kashmir valley with Pakistan. The DeM primarily operates in the Kashmir valley and its present strength is reported to be approximately 350.[...]"

Document(s): Open document

09.11.2004 - Source: Guardian

Maharashtra, Nagpur: alleged rapists, who had reportedly attacked residents with impunity for months, attacked in a mob led by a rape victim; in the past few months, "people's justice" was administered by mobs in a series of incidents in Nagpur ("Women's revenge against rapists") [#26885],  [ID 6645]

Document(s): Open document

08.11.2004 - Source: Human Rights Watch

Issues of particular concern, highlighted (discrimination against marginalized groups, impunity of security forces, misuse of counter-terrorism laws, failure to protect the rights of children) ("EU: Engage India on Human Rights") [#26851],  [ID 6646]

Document(s): Open document

10.2004 - Source: UK Home Office

Crimes against women in Punjab ("Country Report - October 2004") [#28325],  [ID 6647]

"[...]6.129 The same 2003 AI report states that there has been an overall increase in crimes against women recorded in Punjab in the post militancy period, particularly with regard to matrimonial disputes. In response the police created “women cells” at district level to specifically deal with offences against women. However it is reported that these units lack staffing and other resources. [51](p24) [...]"

Document(s): Open document

10.2004 - Source: UK Home Office

Overview ("Country Report - October 2004") [#28325],  [ID 6648]

For more detailed and up to date information on the situation of women in India the report of the Home Office Fact Finding Mission to India in July 2004 must also be consulted. At the time of writing this report the Fact Finding Mission report is being finalised but the final report will be published at the same time as this Country Report.

"[...]6.249 According to the July 2002 estimates as cited in the CIA World Factbook 2002, out of a population of 1,045 million, 506 million are female and 539 million are male. [35](p3) As reported in the US Department of State report 2001, higher female mortality at all age levels, including female infanticide and sex selective termination of pregnancies, accounts for the higher ratio of males to females. [2a] (p29)

6.250 A report commissioned by the Office of the United Nations Resident Co-ordinator in India in 2001 entitled Women in India How Free? How Equal? (the 2001 UN report) states that, “Only 54% of Indian women are literate as compared to 76% men.”[50](p8) The report continues, “At the time of the 1991 Census, only 39% of Indian women could read and write. According to the Census of India 2001, female literacy rates have gone up to 54%. In 1951, India’s female literacy rate for the entire population over 5 years of age, was barely 9%. In the past 50 years, therefore, it has increased six-fold. Despite this progress, close to 190 million Indian women lack the basic capability to read and write. Female literacy levels vary dramatically between states. The Census of India 2001 results are sobering – only Kerala and Mizoram have even approached universal female literacy. In Orissa, Rajasthan, Uttar Pradesh, Arunchal Pradesh, Jharkhand, Madhya Pradesh, Andhra Pradesh and Bihar almost 50% of women do not know how to read and write." [50](p43)

6.251 The 2001 UN report notes that "The Constitution of India guarantees to all Indian women
• Equality before the law. Article 14.
• No discrimination by the State on the grounds only of religion, race, caste, sex, place of birth or any of these. Article 15 (1).
• Special provisions to be made by the State in favour of women and children. Article 15 (3)
• Equality of opportunity for all citizens in matters relating to employment of appointment to any office under the State. Article 16
• State policy to be directed to securing for men and women equally the right to an adequate means of livelihood. Article 39(a)
• Equal pay for equal work for both men and women. Article 39 (d)
• Provisions to be made by the State for securing just and humane conditions of work and for maternity relief. Article 42.
• To promote harmony and to renounce practices derogatory to the dignity of women. Article 52 (a)" [50](p11)

6.252 The 2001 UN report concludes that on the facts in the report there is evidence of huge gaps between constitutional guarantees and the daily realities of women's lives. The report notes that all women are not equal, women belonging to the privileged and dominant classes and castes enjoy many more freedoms and opportunities than women from the subordinate and less privileged groups. Inequality in India affects men but also Dalits and Adivasis, members of subordinate castes and communities, landless people, disabled people, and many other groups. However the report concludes women have a position at the bottom of the pile in each of these groups thus women have the position of the poorest and most powerless individuals. [50](p79)
[...]
6.254 In 2003 the Government of Assam Planning and Development Department issued a Human Development report for the state of Assam. In a chapter entitled Women: Striving in an Unequal World, the report states, "Despite their contribution, they [women] continue to be severely disadvantaged, and even discriminated against. In most fields of professional endeavour, women have had to struggle to reach the top, in the process of combating indifference, occasionally even obstruction and hostility. At the other end of the economic scale, women are deprived access to basic services, and relegated to subservient yet physically demanding roles. In this context the position of women in Assam is no different from that of women in other regions of the country. In fact, in some respects women in Assam are even more disadvantaged."[88](p106)

6.255 In 2003 the Government of Tamil Nadu issued a report on Human Development in Tamil Nadu which included a chapter entitled Gender. The report states that the performance of Tamil Nadu in a number of areas including female literacy, infant mortality rates, life expectancy and fertility rates shows that the status of women is higher in Tamil Nadu than in other states with the exception of Kerala. However the report acknowledges that their position as regards men has remained unchanged or even worsened as far as the declining sex ratio is concerned.[18](p93)

6.256 A report commissioned by the Office of the United Nations Resident Co-ordinator in India in 2001 entitled Women in India How Free? How Equal? (the 2001 UN report) states that, "India has led the world in ratifying UN Conventions and international covenants like the convention of the Elimination of All Forms of Discrimination against Women (CEDAW) and the Beijing Platform for Action…The last few years have seen dramatic increases in the space available for women in Indian society – a consequence of affirmative policies and programmes by the government and initiatives by NGOs and other civil society groups. Most of all, these changes are the result of years of determined advocacy, campaigning and action for change by women themselves." [50](p13) However, the report continues "But gaps still remain. While some women are emerging as strong and confident individuals, in control of their own lives and capable of raising their voices to demand their rights, others face a very different reality, prompting the question: 'Is the glass half full or half empty?' " [50](p13) [...]"

Document(s): Open document

10.2004 - Source: UK Home Office

Legislation ("Country Report - October 2004") [#28325],  [ID 6649]

"[...]6.257 As cited in the AI report India: The battle against fear and discrimination, ”The centralgovernment and state government have taken several steps to protect woman [sic] through enactment of legislation and to prosecute those who perpetrate violence against them. The Indian Penal Code (IPC) has been amended several times in relation to crimes against women largely as a result of campaigns against violence led by the womens movement in the country.”[3e](p13) [...]
6.259 As noted in a report commissioned by the Office of the United Nations Resident Co-ordinator in India in 2001 entitled Women in India How Free? How Equal?( the 2001 UN report), “In response to years of sustained legal activism by the women’s movement, the Supreme Court has begun to apply equality principles to address issues of violence against women. Apart from the landmark ruling on sexual harassment in the workplace in 1997, judgements have also begun to apply international conventions like CEDAW and the Convention on Human Rights. Following the declaration of 2001 as the “Year of Women’s Empowerment”, the Government of India has announced that more stringent civil legislation will be enacted to combat violence against women. The proposed bill will give women victims the rights to protection, relief and custody of their children.”[50](p76-77) [...]"

Document(s): Open document

10.2004 - Source: UK Home Office

Gender imbalance & Gender discrimination ("Country Report - October 2004") [#28325],  [ID 6650]

"[...]6.261 An independent report commissioned by the Office of the United Nations Resident Co-ordinator in India in 2001 entitled Women in India How Free? How Equal? (the 2001 UN report) notes that, "Given the enormous progress India has made in health care and nutrition for its women and children one would expect a steady increase in the number of women in the population. It is shocking that the reverse has happened. The female to male ratio has become worse, not better, in the last 100 years. The adverse male to female ratio can be explained only by the fact that women in India are still second class citizens. It is proof that, at every stage in their lives beginning from before birth, women are deprived of their rights and entitlements, and discriminated against in a variety of ways.”[50](p.12-13)

6.262 According to a BBC report dated 24 August 2004 in connection with a man in Rajasthan threatening to kill his third daughter born after the failure of an operation to sterilise his wife, "Female infanticide is rife in Rajasthan, where the birth of a daughter is considered a curse, while the birth of a son is celebrated. The state has a gender imbalance, with just 922 females for every 1,000 males.” [32ee] A report issued by the Government of Assam in 2003 states that, "The SR [sex ratio] in Assam according to the 2001 Census, is 932 females per 1000 males, marginally below the national SR of 933 females per 1000 males. For Assam as well as for India there has been an improvement in the SR (from 923 to 932 for Assam and from 927 to 933 for India)." However these figures are based on a comparison with the 1991 census, and are marginally more adverse than the 1981 census for India which showed a figure of 934 females per 1000 males. [88](p112)
[...]

Gender Discrimination
6.281 AI further report that gender discrimination is a problem within many communities, caste and land rights impact on political, social and economic relationships. In Uttar Pradesh political parties representing dalit and lower-caste communities have played a role in empowering some of these groups in some areas.[3e](p6) Despite many positive developments in securing women’s human rights, patriarchy continues to be embedded in the social system in many parts of India.[3e](p5)
[...]"

Document(s): Open document

10.2004 - Source: UK Home Office

Marriage, dowry & domestic violence ("Country Report - October 2004") [#28325],  [ID 6651]

"[...]6.263 According to a World Bank document, Terror as a Bargaining Instrument: A Case study of Dowry violence in rural India, 2002, “In India marriage is almost never a matter of choice for women, but is driven almost entirely by social norms and parental preferences.”[55](p1)

6.264 A report commissioned by the Office of the United Nations Resident Co-ordinator in India in 2001 entitled Women in India How Free? How Equal? notes that, "Legally the minimum age for marriage in India is 18 for women and 21 for men, but this law is honoured more in the breach. Close to 60% of women in rural India were married before the age of 18, when they were still adolescents - and this is in a sample of women in the age group of 20-24 years, not the 'older generation' where this may have been the norm. The fact that the legal provisions for compulsory registration of births and marriages are seldom enforced, allows the prohibition against child marriage to be flouted with impunity.” [50](p.62)

6.265 According to the UNHCR Human Rights report 1995, the personal status laws of the religious communities govern matters such as marriage, divorce and property. The Hindu Marriage Act 1955 gives the parties the right to dissolve the marriage according to their custom. Under the Indian Divorce Act 1969, a Christian woman may petition the court for divorce on one or more of several grounds, including bigamy and rape. [4e](p9) The BBC, in a news item dated 4 August 2004, reported that following several cases where Indian men had divorced their wives by mail, over the phone and via text messages, the All India Muslim Personal Law Board had taken the matter up at a recent meeting. According to the BBC report although the board does not have the authority to ban the practice there is a consensus among the board that it is a sin and they will try to discourage the practice. An awareness campaign has been started. [32b] According to UNHCR Human Rights report 1995, the divorce law applying to secular marriages is included in the Special Marriage Act 1954 and provides for divorce by mutual consent as well as by petition to the court. [4e](p9) [...]

6.269 It was reported on 16 September 2003 by the BBC that India faces a key marriage ruling after a landmark ruling in the Calcutta High Court. An Indian man planned to appeal after the court ruled that he had no right to force his wife to live with his family. Two judges ruled that his wife should live with him but separately from her in-laws. “When her husband refused to move out she sued him in a lower court, with the request that he be legally compelled to stay with her. When the lower court turned down her request, she took the case to the High Court…They ruled that a wife had the right to live separately with her husband, and could refuse to live with his parents and relatives. Legal experts say this judgement could have a huge impact on conjugal relations in India’s male-dominated society and if not overturned by the Supreme Court, could be used as case-law.” [32bw] [...]

A report commissioned by the Office of the United Nations Resident Co-ordinator in India in 2001 entitled Women in India How Free? How Equal? (the 2001 UN report) also notes that all women, regardless of age, class, caste and community are vulnerable to domestic violence and further notes that marriage, a joint family, education, economic security and social status do not provide any real protection.[50](p73)

6.271 AI note in The Battle against fear and discrimination report, violence within the home is widespread in both Uttar Pradesh and Rajasthan and affects women throughout society. It is apparent in both wealthy urban households and the poorest rural households cutting across all religious, class and caste boundaries. Offences include beating, slapping, kicking, rape and even murder, often by burning.[3 l](p5-6)

6.272 In a report issued in 2003 by the Government of Assam it was noted that, "All over the country women face harassment and violence at the work place and at home. To a degree, this is also true of Assam where women increasingly need to cope with aggression, especially domestic violence. According to National Health Survey-2 (NFHS-2), 16 percent of women in the State have experienced violence since the age of 15. Although lower than the national average of 21 percent, this is still a matter of concern. Rural illiterate women, according to the survey are most likely to have experienced violence in some form. Of married women, 14 per-cent have been mistreated by their husband. The fact of a 'culture of silence’ surrounds the issue of domestic violence makes data collection very difficult. These figures could well be under-estimates."[88](p132-133)

6.273 A Human Development report issued by the Government of Tamil Nadu in 2003 stated, on the issue of gender-based violence, "There are several causes of violence against women. The perception that women are their husband's property is strong in Tamil Nadu. Suspicion of infidelity, infertility (of the couple), alcoholism, dowry and instigation by in-laws are some of the immediate causes of violence against women, signalling the deep-rooted patriarchal values that underlie the same. The result is that wife beating is considered normal, even by women themselves." [18](p101)

6.274 The 2001 UN report notes, on the issue of the law protecting women from violence that the laws themselves constitute the greatest barrier against injustice for women. The report states that,
• "The definition of rape excludes all forms of sexual assault other than penetrative intercourse
• The age of consent is defined as fifteen years, contradicting the definition of an adult woman as one above 18 years of age.
• Marital rape is not considered an offence unless the wife is less than 12 years, even though marriage with a minor is itself a crime.
• Women who cannot show physical proof of having resisted the act, in the form of injuries, are generally assumed to have consented to it."[50](p75)

6.275 However the 2001 UN report concludes, “Following the declaration of 2001 as the 'Year of Women's Empowerment', the Government of India has announced that more stringent legislation will be enacted to combat violence against women. The proposed Bill will give women victims of violence the rights to protection, relief and custody of their children. The common perception of domestic violence as a “private” issue is also changing. According to a survey conducted by the Times of India in Bangalore, where 250 women and men were interviewed, 81% considered domestic violence to be a serious problem and defined it as verbal and physical abuse, sexual harassment and mental torture. The overwhelming majority of respondents felt that legal action was justified in cases of domestic violence.”[50](p77)

Dowry
6.276 As reported by the BBC on 16 July 2003, dowries and the problems associated with them have meant that many Indian families are desperate to avoid having girls. Legislation against sex determination tests was passed nearly a decade ago, but the practice is still widespread. Pre-natal Diagnostics Techniques (Regulation and Prevention of Misuse) 1994 (amended 2002) bans sex determination tests. [32bb]
[...]
In August [2003], the Government announced that defendants under the Anti-dowry Act would be able to be released on bail…Under the Penal Code, courts must presume the husband or the wife's in-laws are responsible for every unnatural death of a woman in the first 7 years of marriage, provided that harassment is proven.”[2c](p26) As reported by the BBC news Service on 1 June 2000, if convicted, prison sentences can stretch to 14 years. [32l]

6.278 According to a BBC news article dated 16 July 2003, this type of murder is often referred to as “bride burning” in India. Payment and acceptance of a dowry has been illegal in India for 40 years but is still widely practised. Dowry Prohibition Act 1961 (amended in 1984 and 1986) bans paying and receiving dowries. [32bb] As reported by the BBC on 16 July 2003, in 2003 a prospective bride from Noida just outside Delhi had her groom arrested after he demanded a dowry, the groom and his mother were arrested under the rarely enforced 1961 Anti-Dowry Act, both were awaiting trial. [32bb] According to a BBC news item dated 8 October 2003, Nisha Sharma became an instant celebrity as politicians and non-government organisations honoured her for her boldness in calling the police. [32cb] According to the US State Department report 2003, in the case of Nisha Sharma, the potential groom was detained for 14 days while formal charges were filed for violating the country’s laws against dowries.[2c](p26)

6.279 According to the USSD 2003, “Women usually at a disadvantage in dowry disputes, began to speak out against dowry demands.”[2c](p26) According to a BBC news report dated 28 November 2003, “Thousands of people in the southern Indian city of Bangalore have staged a march and rally against the system of dowry.” The Karnataka State Women’s commission (KSWC) organised the rally, apparently the women were joined by many men. [32cd]

6.280 It was reported by the BBC in an article dated 14 November 2003 that India’s illegal dowry system was still thriving, leaving women vulnerable to abuse. The Crime Women Cell is a women’s crime unit in south Delhi set up to protect women in a male dominated society. “The police unit has been given new powers to arrest and detain suspects… Despite the corruption and bureaucracy, hundreds are convicted of dowry crime every year... Crimes against women have soared in the last 10 years with many more being committed than are recorded, these are serious crimes. The head of the Crime Women Cell stated that dowry was the main problem, with increasing numbers of women going to the unit.” [32ch] [...]"

Document(s): Open document

10.2004 - Source: UK Home Office

Societal violence & rape ("Country Report - October 2004") [#28325],  [ID 6652]

"[...]Societal violence
6.284 According to a BBC report dated 16 April 2002, it was reported by a woman’s panel visiting Gujarat, that Muslim women were subjected to sexual violence during the communal riots of 2002. The panel reported that many women suffered the worst forms of sexual violence, including gang-rape. They allege that the police refused to file complaints by the victims. [32bc] The National Human Rights Commission reported in October 2003, that it has extended legal assistance to a victim of alleged mass rape at Limkheida in Dahod District, Gujarat during the post Godhra communal disturbances. The Commission decided to assist the applicant to pursue legal remedies in her case and indicated it could offer financial assistance to her. The Supreme Court admitted a Writ Petition on her behalf, issuing notice to the Gujarat Government and the Dahod Police administration. [47a]

6.285 According to an Amnesty International report 2003, India, Break the cycle of impunity and torture in Punjab, “There has been an overall increase in crimes against women recorded in Punjab in the post militancy period, particularly in the context of matrimonial disputes, in response, the police in Punjab have created “women cells” at district level to deal specifically with offences against women. However, these units reportedly lack staffing and other resources such as means of transport.” [51](p24)

6.286 Amnesty International stated in The battle against fear and discrimination report, “Crimes against Women Cells have also been criticised for not responding appropriately or effectively to cases of violence against women although the majority of crimes referred to these cells relate to violence within the family.”[3e](p18)
[...]
Rape
6.288 AI reported in The Battle against Fear and discrimination report that many women victims in India do not report a complaint to the police because they fear it will be dismissed or they will suffer further abuse. Activists told AI in Uttar Pradesh and Rajasthan in December 2000 that the majority of cases were not reported for fear of reprisals and bringing dishonour. Most women will only visit a police station if accompanied by a male relative. As a means of encouraging women to register complaints to the police, Mahila thanas (women’s police) stations were established in many states.[3e](p17-18)

6.289 According to an Amnesty International report 2003, India, Break the cycle of impunity and torture in Punjab, “Women are particularly vulnerable to police abuse. Rape and other forms of sexual harassment are reported to be frequent forms of torture in police custody. Their humiliation is often greater as they are often tortured solely as a means of putting pressure on their husbands and families.” [51](p16) [...]

6.291 As noted in a Penal Reform International report 2003, counselling units are now being operated by PRAJA in women’s prisons across Andhra Pradesh. They counsel women and in addition provide legal and social awareness training to the women on the premises. This was one of the recommendations in the PRAJA/PRI report on a mental health and care project for women and children imprisoned in Andhra Pradesh, published in October 2001. The report convinced the State’s Prisons Department of the need for counselling units and resource centres in women’s prisons.[53](p4)

6.293 According to a BBC news article dated 19 December 2003 Delhi is to set up special courts to hear rape cases that will be prosecuted and judged by women. “The city’s police argue that courts dedicated to crimes against women can deliver justice faster. There were over 300 cases or rape filed last year in Delhi. Women’s rights activists say the social stigma attached to victims prevents many coming forward with complaints.” Even fewer take their alleged attackers to court. “The new move will add to the three current special courts in the capital in which women judges deal with sexual harassment and dowry related offences…The minimum punishment for rape is seven years and a section of society is now demanding the death penalty for rapists.”[32ce]

6.294 According to the report commissioned by the Office of the United Nations Resident Co-ordinator in India in 2001 entitled Women in India How Free? How Equal?( the 2001 UN report) “The India constitution guarantees to all Indians the right to bodily integrity, personal safety and security. The last ten years have seen a much greater sensitivity within the police and justice systems to the issue of violence against women, and sustained campaigning by women’s groups has led to stringent legislation to protect women from India October 2004 bodily harm. Yet the violence against women appears to be a “high growth sector.”…The rise in reported crimes has occasionally been interpreted as a positive development, showing that more and more women are “breaking the silence” and an increasingly gender-sensitive police force is recording their complaints with sympathy and efficiency. However the picture becomes disturbing when these statistics are seen side by side with the decrease in the number of convictions and the increasing number of pending cases in the courts.”[50](p71)

6.295 According to Amnesty International’s report, May 2001 "The battle against fear and discrimination, "Attempts by women to seek justice through the criminal justice system are regularly forestalled…Unless supported by male relatives or a strong social group, women victims of crime are at a severe disadvantage within the criminal justice system. Threats and harassment by perpetrators and their communities and social pressures which exist within families and communities force them towards compromise or withdrawal rather than pursuing justice. Gender biases which exist within institutions of redress are often exacerbated by ingrained caste and other biases against members of disadvantaged communities.”[3e](P16-17) [...]

6.305 A report issued by the Government of Assam in 2003 noted, "Harassment of women at the work place is an issue that needs to be confronted, through redressal mechanisms that are sensitively designed and approachable by women, by exemplary action against such cases and through awareness. In this context, 'the work' ethic issued by the Government of Assam, a set of mandatory instructions issued for employees to confirm [sic] to, is a step forward, but only one step along the path to securing an environment in which women can work with dignity." [88](p134) [...]"

Document(s): Open document

10.2004 - Source: UK Home Office

Women in politics ("Country Report - October 2004") [#28325],  [ID 6653]

"[...]India Today reported in July 1998 that there had been a prolonged debate over the reservation of parliamentary and State assembly seats for women. In recent years Indian Governments have pledged to introduce legislation which would guarantee that at least 33% of MPs would be women. [11b] As reported by the BBC on 7 March 2003, a Bill has twice been introduced into Parliament, but has yet to be passed. By March 2003, a consensus had still not been reached among political parties discussing the issue. [32aq]

6.297 According to Keesings Record of World Events for May 2003, the Women’s Reservation Bill, which sought to reserve one third of seats in the Lok Sabha for women was again effectively stalled on 6 May 2003 after male legislators opposed to it, engineered a disruption in the Lok Sabha. The speaker of the house adjourned the discussion of the bill, effectively ensuring its deferral. Although the BJP and the main opposition Congress (I) were united in support of the bill some parties in the ruling National Democratic Alliance and other opposition parties were determined to thwart its progress. Only 10 percent of MPs were women as at 2003.[5p]

6.298 According to the USSD 2003, “In December [2003], the Jammu and Kashmir State Legislative Assembly passed legislation that reserved 33 percent of its seats for women.” [2c](p27)

6.299 As reported in a BBC news article dated 20 November 2003, women are on the rise in Indian elections. “High profile female candidates were fighting pitched battles in at least 3 of the four states in key state elections in December 2003. Delhi had 77 female candidates, an increase from 58 in the last elections, Congress party fielded 40 women candidates in Madhya Pradesh. The total number of women candidates was less than 10 % of the total contestants. A study conducted by the Delhi based Centre for Social Research showed the winning percentage of women candidates to be much higher than their male counterparts. The study was based on an analysis of the last five general elections since 1972. Analysts say a slow but definite change is emerging in people’s perception of women politicians.”[32cf]

6.300 A BBC news report dated 8 December 2003 further states that analysts point out that while India has seen a number of women leaders, they have not overseen any remarkable change in the status of women in Indian society. “The two main national parties, the BJP and Congress, have always advocated strong support for reserving a third of seats for women in national and state parliaments. But these attempts have failed and the national parliament percentage for women stands at only 17. The federal cabinet has less than 10% women.”[32cg]

6.301 A report issued by the Government of Tamil Nadu in 2003 noted that despite the differences in participation in voting between men and women in Tamil Nadu being small gender difference in achieving positions of power through elections is higher, with the percentage of female members of parliament being consistently lower than 8%.[18](p103) [...]"

Document(s): Open document

10.2004 - Source: UK Home Office

Organisations offering assistance to women ("Country Report - October 2004") [#28325],  [ID 6654]

"[...]6.306 According to the US State Department report 2001, “There are thousands of grassroots organisations working for social justice and economic advancement of women, in addition to the National Commission for Women. The Government usually supports these efforts, despite strong resistance from traditionally privileged groups.”[2a](p30) According to the South Asian Women’s Organisations website, several organisations dealing with women's issues can be found on the website of the South Asian Women's Network (SAWNET). [25a] As noted in FCO correspondence dated November 2003, in 2001, the Government of India drafted The National Policy for Women after consultation with NGOs, gender experts and sociologists. This policy recognises the constraints women face in the social, economic and political spheres. The Tenth Plan is committed to implementing this policy. [7h]

6.307 According to the UN commissioned report 2001, Women in India, how free, how equal, “Indian women have far greater visibility and voice than they did fifty years ago – they have entered into and created impacts in every sphere of public activity. There are many strong and vibrant movements around issues of importance not only to their own lives, but also to the country as a whole. Movements in India – for the right to control and manage natural resources, the right to information, the right to participation in decisions and development – have set the parameters of global debates on these issues. Millions of women are part of these struggles and movements. Tangible proof of the relevance and effectiveness of Indian women’s movements, is the fact that the issue of women’s rights is today a central tenet of political and development discourse in India. Affirmative actions for women’s political participation, the implementation of major poverty alleviation programmes through women’s groups, the review of laws and regulations to ensure women’s equality – all demonstrate this recognition at the political level and at the level of policy. Nevertheless there is no denying the facts documented in this report - evidence of the huge gaps between constitutional guarantees and the daily realities of women's lives.” [50](p79)
[...]
6.309 Amnesty International in their Battle against fear and discrimination report welcomed the Policy on Empowerment of Women as a symbol of the government’s commitment to empower women and to bestow rights with equality, however AI criticized the “contradictory character” of the Indian State. [3e](p30) Amnesty delegates recognised good administrative policies and practices when they visited Uttar Pradesh and Rajasthan. They saw the idea behind the Zilla Mahila Sahayata Samitis (District Women’s support Committees) in Rajasthan as a positive step, however they levied some criticism. In Rajasthan regular meetings are held between members of the women's movement and the Home Commissioner and additional Director General of