INDIA: New laws to protect women bring no hope to victims
January 13, 2014:
AHRC-FST-003-2014
A Press Statement from Public Hearing on Sexual Violence organized by
Women in Governance [WinG-India] , in Guwahati on January 8-9, 2014
forwarded by the Asian Human Rights Commission (AHRC)
INDIA: New laws to protect women bring no hope to victims
Press statement
9 January 2014
*New laws to protect women bring no hope to victims of sexual
violence in Assam exclaimed a shocked panel of Jury members at the
Public hearing on sexual violence*
A two day State level Public hearing on sexual violence was organized
by Women in Governance [WinG-India] in Guwahati on January 8-9th,
2014. 21 cases of sexual violence were deposed before an eminent Jury
comprising of Manjula Pradeep (Dalit Rights Activist), Roshmi Goswami
(Women Rights Activist) Rakhee Kalita(Academician), Gayatri Singh
(Human Rights Lawyer), Babloo Loitongbam (Human Rights Activist),
Henry Tiphagne (Human Rights Activist), Sabda Rabha (Human Rights
Lawyer) gave strong recommendations on the legal mechanisms and also
provided different social, economic and legal perspectives.
These 21 cases included gang rape, molestation, voyeurism, acid
attack, marital rape, sexual assault and state induced sexual violence
covered 11 districts of Assam- Cachar, Kamrup, Kokrajhar, Chirang,
Tinsukia, Jorhat, Nagaon, Dibirugarh, Mangaldoi, NC Hills, Dima Hasao.
The members of the jury have heard the depositions and studied the
documents of each case. Based on the hearing and the interaction with
the victims and families, the Jury has prepared an interim report,
which was shared with the media today in Guwahati.
*/' The National and State Human Rights Institutions, the State and
District Legal Services Authorities, the functionaries of the Criminal
Justice Administration, the Child Welfare Committees seem to be in a
'conspiracy of silence' and serving the interest of the perpetrators
of violence against women and continuing impunity. This is despite the
array of new laws and rules and guidelines that exist in our country
today'/**, *said Henri Tiphagne, lawyer, human rights trainer &
defender, Honorary ED of People's Watch - India, Chairperson - Forum
Asia (Bangkok), Exec Com member of the World Organization Against
Torture [OMCT- Geneva] and presently the Convener of the Working Group
on Human Rights in India and the UN
The failure and apathy of the existing State institutions in
providing justice to the victims of sexual violence was clear in every
case presented at the public hearing. /Another Jury member, Manjula
Pradeep, the Executive Director of Navsarjan, Gujarat expressed, *' to
effectively address sexual assault we have to crack state impunity and
ensure rule of law to bring justice for the victims.'*/
*/'North East has always been the guinea pig for all kinds of
draconian laws in the name of security. But when it comes to the
security of our women and girls, all the legal protection afforded by
the new laws in the form of Criminal Law Amendment, the POCSO Act, the
SC/ST Prevention of Atrocities Act etc. seems to blunted by deep
patriarchal prejudice and apathy of the implementing agencies'/*/,
said Babloo Loitongbam, /executive director of Human Rights Alert
(HRA), Manipur/ /
/Sabda Rabha, Advocate, Guwahati High Court, gave a call for civil
society in Assam to play a pivotal role in monitoring cases of sexual
violence and ensure a systemic overhaul to address the increasing
violence against women. Further he added, ' *the juvenile justice
system seems to be in total shambles and without a proper
institutional response, the victims of violence remain in great risk'*/
Women in Governance-India, will follow up on the cases based on the
Jury recommendations and will build pressure on the State institutions
to provide justice for victims of sexual violence. The Jury will
provide letters addressed to Human Rights Commissions and the Chief
Justice of Guwahati High Court, pressing for immediate follow up of
the cases presented at the Public hearing/. *'It is a shocking state
of affairs to note the prejudice of the legal fraternity and this
needs to be addressed. There is an urgent need to ensure a fast track
approach to the entire process of registration, investigation and
prosecution. This is particularly imperative in contexts of protracted
armed conflict in North East India'*, said Gayatri Singh, Co-founder,
Human Rights and Law Network and Advocate, Bombay High Court/
/Another member of the Jury, Rakhee Kalita, Fellow, in the Nehru
Memorial Museum and Library at the Center for Contemporary Studies,
New Delhi adds *that social exclusion and discrimination brings in
multiple forms of violence on women from excluded communities and
increases the barriers to justice.*/
/Roshmi Goswami, a leader of feminist movement in South Asia said *'
We need to send out a strong message of shifting the shame from
victim-survivor and push and pin it firmly on the perpetrators. It is
high time to end this impunity and societal victimization, which
further threatens and intimidates the victims. Constant monitoring of
gender bias and insensitivity of prosecutors and members of judiciary
is imperative.'*/
The participants at the public hearing included family members of the
victims, representatives of civil society organizations, students and
members from WinG from various states of India.
*Detail **Interim Report on **Public Hearing on Sexual Violence will be released soon. *
*For further details please contact: Ms. Bondita Acharya | email:[email protected] *
About AHRC: The Asian Human Rights Commission is a regional
non-governmental organisation that monitors human rights in Asia,
documents violations and advocates for justice and institutional
reform to ensure the protection and promotion of these rights. The
Hong Kong-based group was founded in 1984.
* This info was sent to e-pao.net by Asian Human Rights Commission who can be contacted at http://humanrights.asia
This Press Release was posted on January 13, 2014
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