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On paper, not practice?

Close networking is necessary for full enforcement of laws safeguarding women's rights

MAKE LAWS A REALITY Time for more stringent execution of laws protecting women's rights

The Supreme Court found Trimukh Kirtan guilty of murdering his wife and sent him to prison for life. One piece of evidence that nailed Kirtan was that he offered no credible explanation for Revata's injuries. In Velachery, a software engineer was arrested when his wife of 13 months was found hanging in the bedroom.

In October, Protection of Women from Domestic Violence Act, 2005 was notified. Historic, it's hailed as. In addition to the traditional beating-up, hurting and burning, "domestic violence" includes sexual violence, verbal or emotional abuse and economic cruelty. To escape jail and/or a fine up to Rs. 20,000, a man has to allow the woman living with him (yes, the live-in partner also) to take up a job, keep her salary and if she doesn't earn, maintain her. He cannot throw her out of the matrimonial home, even when she has no legal claim to it. "The definition includes dowry demands too," said Renuka Chowdhury, Minister for Women and Child Development.

Cognisable and non-bailable

DV is cognisable and non-bailable. And the "aggrieved person's" testimony alone is enough to convict the offender. The Ministry will appoint service providers and counsellors to help implement the law. You could expect a woman protection officer in each police station to book and pursue cases of DV. Bravo!

"Empowering women through more equitable laws began with the Hindu Code Bill of 1951," said lawyer PVS Giridhar of Giridhar Associates. "Social forces swept up by the women's movement, an enlightened judiciary and the combo effect of globalisation and travel have had their effect."

Take division of property. "Hindu Succession (Amendment) Act, 2005 does away with the gender discriminatory clause on agricultural land. Where only sons were co-partners, now non-coparceners automatically become members of the undivided family," said Giridhar. Translation: a woman has a right to her father's property, even after she gets married.

Among women-friendly labour laws, the Equal Remuneration Act hoped to correct a huge wrong. Maternity Benefits Act made a breakthrough in protecting working women's rights during pregnancy and childbirth. That many of these laws remain paper tigers is another matter.

"Fixing of minimum and equal wages, maternity benefits and insistence on adequate lighting and toilet facilities do make the workplace more comfortable," said Giridhar. "And in the 1997 Vishaka case, the Supreme Court defined sexual harassment as physical contact and advances, demand or request for sexual favours, sexually coloured remarks, showing pornography and any other unwelcome physical, verbal or non-verbal conduct of sexual nature." The Court frowned upon a woman being labelled as "a person of loose character" and recommended an in-house complaints committee headed by a woman. It would include a third party member.

The Mathura case became a turning point in rape law. The nation cried foul at the acquittal of the policemen who raped the tribal girl in custody. Criminal Law Amendment Act of 1983 declared rape as sex against the woman's will, under threat of hurt or death, after intoxication or when she is under 16. "Not less than 7 years and can be extended to life and a fine," says section 376 (1). In the much-debated Imrana case, the district judge of Muzaffarnagar slapped a 10-year jail term and a Rs. 10,000 fine on the father-in-law.

If a bride died within 7 years of marriage, the husband and in-laws become government guests for 7 years, extending to life and a fine. All it needs is proof of harassment. Section 498A tells us that the husband or relative of husband subjecting her to cruelty will enjoy a prison term extending to three years and a fine. The law defines "cruelty" neatly.

Law against eve teasing

Sarika Shah's case spawned a special law against eve teasing and led to the more comprehensive Tamil Nadu Prohibition of Sexual Harassment of Women Act. Minister Renuka Choudhary has promised to take initiatives to deal with "foreign grooms" who abandon wives. Politically too, the law helps with seat reservation in local bodies.

"Theoretically, yes, laws are kinder to women, but execution is the problem," said Sudha Ramalingam, Madras High Court lawyer and a women's rights activist. "The recent trend of referring all matters to Alternative Dispute Resolution (ADR) for settlement makes a mockery of the criminal justice delivery system. Scores of women are behind bars for petty offences. They are the really downtrodden. Why aren't they referred to ADRs? ADR for accused men compromises the dignity and safety of women and will lead to dilution of laws got after long struggles."

But laws favouring women have traditionally been considered "minor". Are Prevention of Immoral Traffic Act, Sati and Dowry Prohibition acts effectively enforced? What about harassment and refusal to file an FIR when a battered woman seeks police help? Why aren't husbands arrested immediately after a complaint? "The Tamil Nadu Women's Commission has been without a Chairperson and members for a year now. It's a statutory body."

Areas for improvement

While welcoming the changes, lawyers point to areas for improvement. The Medical Termination of Pregnancy Act should be more pro-choice, they say. In construction or farming, women always do the heavier work, they point out. It should be easy for women to buy land or start a business. What pressures does a woman face working odd hours in the IT sector? Is economic empowerment alone the criterion to judge workplace comfort here?

"Mindsets and attitudes of women must change," concluded Sudha. "Crimes like rape should be looked at and reported as crime. The terminology for crimes against women should reflect this. We need a consistent campaign, discussion and writing for full enforcement of laws."

"Bonding and close networking will help us make the laws a reality in practice. Let's form a holy alliance and fight forces that divide and rule us at home and outside."

GEETA PADMANABHAN

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