THE DOMESTIC VIOLENCE ACT 2005

The Domestic Violence Act 2005 is the first law in India specifically addressing domestic violence targeting husbands, live-in partners and family members who abuse or threaten women verbally, physically, sexually, emotionally and economically (including dowry harassment).

The salient features of the Protection from Domestic Violence Act, 2005 are as follows:

It seeks to cover women who are or have been in a relationship with the abuser where both parties have lived together in a shared household or are related by consanguinity, marriage or adoption. Family members living together as a joint family are also included: sisters, widows, mothers, single women or those living with the abuser are entitled to get legal protection.

Domestic violence includes actual abuse or the threat of abuse that is physical, sexual, verbal, emotional and economic. Harassment by way of unlawful dowry demands is also covered under this definition.

One of the most important features of the act is the women’s right to secure housing. The act provides for the women’s right to reside int eh matrimonial or shared household, whether or not she has any title or rights in the household. This right is secured by a residence order, which is passed by a court. This residence order cannot be passed against anyone who is a woman.

The court has the power to pass protection orders that prevent the abuser from aiding or committing an act of domestic violence or any other specified act, entering workplace or any other place frequented by the abused, attempting to communicate with the abused, isolating any assets used by both the parties and causing violence to the abused, her relatives and others who provide her assistance.

The protection of women through the Domestic Violence Act 2005, (PWDVA) was rightly hailed as a historic moment for Indian women’s rights. The bill was notified only in October 2006. Women activists questioned the government’s sincerity in implementing the new law in letter and in spirit.

The act, the salient features of which makes domestic violence against wives, mothers, sisters, daughters and other women relatives a civil offence came under sharp criticism, mainly from men, who argued that it was open to manipulation as it provides for wide-ranging powers to women. When the bill was tabled in parliament in 2003, male members protested that it was denigrating the institution of marriage. It took a further struggle of two years before it was eventually passed.

The new law is mainly meant to provide protection to the wife / women, live-in partner from violence at the hands of the husband, male partner or his relatives.  Among its other provisions are the right to reside int eh matrimonial and shared household, appointment of protection officers (POS), service providers and counselors and setting up of shelters for battered women.

According to activists, however, the reality is that most state governments had yet to set up either counseling centers or shelters or to appoint POS often shunting off this latter task to police officers who are already overburdened and disinclined to taking on additional responsibilities. They stress that in order to set up the legal and support mechanisms provided under PWDVA, a substantial and specific budget allocation, both at the Central and State Government levels would have to be earmarked.

There is tremendous demand for redress under the new act and that 302 cases have been filed in Delhi in the first few months. The overburdened judiciary cannot meet this demand and there was a need for sufficient judges to be in place to deliver justice to women. ‘The Delhi experience has shown that the POS are unequipped to give the required support to the judge.’

The case of Nazi of Varanasi, a survivor who spoke of the mental and physical torture she suffered at the hands of her husband and inlaws when she decided to leave after seven years of marriage and take along her five year old daughter, her husband threw acid on hter face (November 3). When she was subsequently hospitalized he frequently visited her to make threats against her and her family to force her to withdraw the case she filed against him. Since then 10 different police officers have questioned her and said she was lying to them. In the meanwhile, her husband renewed his threats to kill her if she didn’t withdraw the case against him, shared the shaken young woman.

It is not easy for a woman facing violence at home to speak out for a variety of reasons, mainly because of economic dependence on her husband. Another survivor shared ‘you face a lot of humiliation as no one takes you seriously. When I fled form my husband I had to leave my two young children behind because I had no home, no job and had to take shelter with a friend’.

In order to implement the law, NGOs and activists work closely with the judges. Deepa Jain, secretary in the Department of Women and Child Development, while reiterating the government’s commitment to implement the Act agrees that women remain vulnerable to violence at home due to lack of access to services.

The government has sent the rules and provisions of this act to all state governments and has posted it on its official websites to create greater awareness about it. Further steps include translation of the Act into regional languages, user guides and an illustrative list of possible domestic violence scenarios and immediate response routes that the victim has access to.

CEDAW – CONVENTION ON THE ELIMINATION OF ALL FORMS OF DISCRIMINATION AGAINST WOMEN

International instruments UDHR and ICCPR have all recognized the basic equality of men and women. However, there was a basic need to have an instrument specifically addressing the problem of violation of women’s right. The UN adopted CEDAW in order to ensure that State parties effectively protect women’s rights.

CEDAW defines discrimination against women as any ‘distinction, exclusion or restriction made on the basis of sex which has the effect or purpose of impairing or nullifying the recognition, enjoyment, or exercise of women of human rights, fundamental freedom in the political, social, cultural, civil or any other field.

To achieve the goals of CEDAW the state should:

Condemn discrimination against women.

Embody the principle of equality of men and women in the Constitution.

Ensure the practical realization of this principle through law and other appropriate measures.

Modify or abolish existing laws, regulations, customs, and practices which are discriminatory against women.

Establish competent national tribunals and other public institutions to protect women.

Women have the right to vote and participate in government and non-governmental organizations.

Women’s place in education field and employment and other general rights are spelled out.

 

The Constitution of India provides the legal framework for integration and implementation of measure promoting and protecting human rights of women. The incorporation of CEDAW principles have been evident in the judgements by the Supreme Court and these judgments are binding on all courts of India.

India has several specific legislations and policies affecting women:

The Factories Act: weights to be carried by women.

The Contract Labor Act: separate provision of utilities for women and fixed working hours.

The Maternity Benefit Act

The Equal Remuneration Act

The Domestic Violence Act

The Dowry Act

The Sexual Harassment and Sexual Harassment at Workplace Act

Personal Laws.

 

Commissions have been set up for better protection of the Rights of Women.

ACCOUNTABILITY

Accountability is an obligation to answer for the execution of one’s assigned responsibilities. In simpler terms, accountability is reporting. People account, or report to other people.

The basic ingredients of successful accountability relationships are as follows:

Set measurable goals and responsibilities.

Plan what needs to be done to achieve goals

Do the work and monitor progress.

Report on results

Evaluate results and provide feedback.

Accountability relationships exist among the Government, the Legislative Assembly and the various operating entities owned or controlled by the Government, including departments, boards, and agencies. The Government has to incorporate a healthy accountability framework.

Effective accountability means that those managing public resources depend on sound information, not speculation, when determining the effectiveness of Government’s programs. Decision makers must evaluate performance and rationalize resource allocations to programs.

Measuring and reporting on the effectiveness of public sector programs is just the beginning. A sound basis has to be established for linking costs to outcomes, permitting a more comprehensive assessment of performance and value for money. Accountability is necessary when responsibility is assigned, and authority is delegated.

The information is presented in a way that can eb understood by users and is sufficient to provide an appropriate understanding of an organization’s performance. All forms of accountability reporting should present information on outputs. Expected results need to be clearly expressed and must be measurable.

A ministry accountability report should include all provincial organizations accountable to the Minister. Each organization and fund accountable to a Minister should prepare plans (including budgets) and performance reports.

Performance reports (such as financial statements and annual reports) should compare actual to planned results.

Key accountability reports, including plans, budgets, financial statements and annual reports should be made public. The government is responsible and accountable to the electorate. To make this accountability relationship work, the electorate must rely on its elected representatives to ensure that necessary accountability information is made public.

Information tabled in the Legislative Assembly is public and therefore promotes accountability to the Legislative Assembly and to the people. An effective accountability framework for India should require the tabling of all key accountability reports.

Accountability reports which should be tabled in the Legislative Assembly include each Ministry and each operating entity. The main elements of an effective accountability framework should be legislated.

People may be reluctant to produce accountability information when expected results are not achieved. Ministries and the organizations within them, therefore, must be required to produce accountability information. To ensure lasting and timely compliance, the major elements of the framework should eb legislated. Also, the policies of a Ministry or an organization should set out the accountability framework within that organization.

 

SECESSION

Secession is the act of withdrawing from a political unity. It is felt that limited rights may be given to secession under certain circumstances, mostly relating to oppression of ethnic or racial groups and especially those who were previously conquered by other people.

Secession is justified only if secessionists can create a viable state on contiguous territory. Many feel that secession should be considered only to rectify grave injustice.

Indian Constitution does not allow Indian states to secede from the union. Secession movement in Nagaland and Sikkim have been suppressed by military and separation sentiments still run through those states.

Secession movements were also active in Mizoram, Punjab as Khalistan, Tripura and Tamilnadu. These have died down due to military action and political agreements like the Mizo Accord and the Assam Accord.

In the international arena, in Soviet Union after the free election Lithuania declared independence, others followed, and the Soviet Union collapsed.

The Soviet Union (USSR) was a constitutionally socialist state that existed from 1922-1991. Initially it was established as a union of Soviet Socialist Republic. By 1956 it had fifteen union republics. The government and the political organization of the country was defined by the Bolsheviks and later the communist party.

After 1991, Latvia and Estonia declared independence, following Lithuania which had already declared independence. Some others were loosely organized under the Commonwealth of Independent States.

In 1991, Chechnya had a strong desire to emulate the independence of its neighbors. After continuous altercations and many clashes nothing was achieved in 1944 Stalin deported the entire Chechen population to Central Asia. Overnight 500,000 were deported forcibly and even all reference to Chechnya was removed from maps, records and encyclopedias. In 2004, after Stalin’s death, 60 years later this was recognized as genocide. With the death of Stalin the deportees were repatriated and a republic was established in 1957. Chechnya’s drive for independence continued.

Boris Yeltsin, the president of Russia, never accepted Chechnya as a separate republic. He sent troops to Chechnya but had to withdraw. The resulting anarchy in Chechnya strengthened the Russian belief that region should not become independent. Oil is a significant factor in this region. A major pipe line carries oil and Russia’s interest is to ensure that their oil needs are also met by this source. As long as Chechnya is a part of Russia, Moscow will have a say in the oil flowing through it.

In 1994, tensions between the two escalated. Russia invaded Chechnya and a bloody war ensued. This ended in a humiliating disaster and Russia withdrew in 1996. The ensuing Soviet – Afghan was attracted Islamic militants as well as resistance fighters to Chechnya. Russian president Putin waged a full-fledged war with Chechnya and indulged in massive bombing raids. One third of the population fled from Chechnya.

There was international uproar. Human rights raised concern at the rampage. Russian troops were accused of looting, burning houses and buildings and even executing those who opposed. European Union threatened to isolate Moscow if this continued. In 2000, Chechnya offered ceasefire, but the Russian demands were stern. UN special reporters were appointed to check human rights and humanitarian violations, but Russia refused and covered up all evidence.

In 2003 Chechnya referendum stipulated the republic as a part of Russia. Political debate has been severely constricted. There have been many terrorist attacks that shook Russia since then. The worst episode is the hostage taking of hundreds of children where hundreds of women and children died.

Human Rights activists were killed or imprisoned, and many cases were filed against them. As late as February 2010 the Chechnya President dropped various libel suit against activists and journalists who accused him of murder. However, the situation continued.

CANCUN CONFERENCE | UNFCCC

 United Nations Framework Convention on Climate Change

-          To reduce carbon emissions and build a system which made all countries accountable to each other for those reductions

Highlights

-          To commit to a maximum temperature, rise of 2 degrees Celsius above pre-industrial levels and to consider lowering that to 1.5 degrees in the near future

-          To make fully operational by 2012 a technology mechanism to boost the innovation, development and spread of new climate friendly technologies

-          To establish a ‘Green Climate Fund’ to provide financing to projects, programs, policies, and other activities in developing countries via thematic funding windows.

-          The  Cancun Adaptation Framework included setting up an Adaptation Committee to promote the implementation of stronger cohesive action on adaptation.

Read more details about this conference by clicking the link: https://unfccc.int/process/conferences/the-big-picture/milestones/the-cancun-agreements

Human Rights

Definition: Human Rights are ‘those conditions of social life without which no human being can seek in general to be himself at his best’ – Harold Laski in the Grammar of Politics. Thus, Human Rights are those moral rights which are owed to each man and woman solely by reason of being human.

Human rights are those basic rights enjoyed by every human being, irrespective of caste, creed, sex, nationality and so on. These are privileges, which are inherent in every human being and imply a certain amount of dignity. In this sense, the human being is the central subject of human rights, which are universal and social.

Human rights are individual: Human rights are the rights of individuals to meet the needs and purposes of individuals.

Human rights are paramount: something of which no one can be deprived of without grave affront to justice. They are inalienable – minimum strong moral rights of which no man or woman can be deprived by government or society whether by arbitrary fiat or by law.

Human rights are never absolute and it is essential that every person who enjoys the rights allow others to enjoy them as well. In this sense. Human rights reflect the philosophy of universal love and compassion – ‘Live and let live’.

Human rights are dynamic in nature and keep expanding with socio-economic and cultural developments.

Human rights are a basis of a democratic society: Democracy is impossible without human rights since a democratic society is supposed to be a free society with each person choosing his / her own way of life. In a democracy, State is a welfare state guaranteeing basic rights like equality before the law, right to life and liberty, equality of opportunity and absence of discrimination.

Human rights are enforceable by the International community.

Today, human rights have become a burning topic of the day drawing global attention because of the efforts of NGOs and human rights activists. At the same time, humans, who are rational beings indulge in ruthless and merciless violation of human rights and there is no country, which does not have a record of human rights violation. It is very essential that a general awareness be created about human rights through mass media.

CONVENTION ON THE RIGHTS OF THE CHILD

CRC – CONVENTION ON THE RIGHTS OF THE CHILD

The UN General Assembly adopted the Convention on the Rights of the Child (CRC) on 20^th November 1989. The world leaders came to a consensus that children, till 18 years of age, require special care and protection. They also wanted to make sure that the world recognized that children too had human rights.

The Convention is the first legally binding international instrument that spawns the full range of human rights – civil, cultural, economic, political and social rights in the context of a child. It has set minimum entitlements and freedoms of children that the governments are supposed to protect regardless of race, color, gender, language, religion, wealth, birth status or ability. On 26 January 1990, the opening day of the session, 61 countries signed the convention.

The Convention on the Rights of the Child which is divided into three parts and fifty four Articles, articulates five sets of basic rights, based on four core guiding principles:

i)                 Equality and non-discrimination

ii)               Best interests of the child

iii)              The right to life, survival and development

iv)             Respect for the views of the child

Every right spelled out in the Convention is inherent to human dignity and all round development of every child. Briefly stated the Convention delineates the Rights of Child as follows

-        The right to survival

-        The right to develop to the fullest

-        The right to protection from harmful influences

-        The right against abuse and exploitation

-        The right to participate fully in family, cultural and social life.