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06/28/13 1
Gender Sensitization in Law
Enforcement : a perspective
Shafeeq Rehman Mahajir, Advocate
06/28/13 2
Sensitization ~ why and for whom
Understand how gender sensitivity would be
in harmony with human rights and di...
06/28/13 3
Sensitization therefore must be vis-à-vis
DISABILITY, not mere GENDER
SENSITIVITY the crux, and gender incident...
06/28/13 4
Article 14 of the Constitution : Equality
Equality clause : delivering equality : effective
equality : discrimi...
06/28/13 5
Gender : women as a specific issue
Increasing presence of women in all fields of human
endeavour
Men’s absence ...
06/28/13 6
Why be careful ?
Specific statutes : provisions : their interplay and
effect : special status conferred on wome...
06/28/13 7
Real life … situations
ACJ Hyd CCC – Contempt Case – Credit from HC –
personal situation
III JCJ : allegations ...
06/28/13 8
Real Life … continued
“as long as we have prisons, it matters little
which of us occupies the cells” : occupyin...
06/28/13 9
What This Means…
Dereliction of duty : judicial activism : why
blame the police ?
The need of the creator comes...
06/28/13 10
Next Steps
We are all parts of a whole, and a chain
is as strong as its weakest links : proper
steps control c...
06/28/13 11
•Ends ! Thank you for your
attention !!
Shafeeq Rehman Mahajir
Brainstorm Legal, advocates
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Gender sensitization ~ law enforcement ~ a perspective 29 1

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Gender sensitization ~ law enforcement ~ a perspective 29 1

  1. 1. 06/28/13 1 Gender Sensitization in Law Enforcement : a perspective Shafeeq Rehman Mahajir, Advocate
  2. 2. 06/28/13 2 Sensitization ~ why and for whom Understand how gender sensitivity would be in harmony with human rights and dignified conduct, and what various laws say on the subject Supreme Court pronouncements, HMC Act and Registration Act, Contract Act, etc. Juvenile justice laws; penal statutes
  3. 3. 06/28/13 3 Sensitization therefore must be vis-à-vis DISABILITY, not mere GENDER SENSITIVITY the crux, and gender incidental, DISABILITY SENSITIZATION more appropriate expression. Different treatment perception based not on gender but variables like age, minority, sex, status, financial worth, education, understanding, political clout, profession, motivation, motivation levels, status (victim : aggressor : witness), “retrieval/salvage” or “turn” option…
  4. 4. 06/28/13 4 Article 14 of the Constitution : Equality Equality clause : delivering equality : effective equality : discrimination / reasonable classification : positive discrimination ; treating people unequally to secure “level playing field” Stray children, juvenile offenders, delinquents, foreigners, women, deliberate offenders, predators, etc. Field interaction : “front” or “face” of the force : foundation laid for all subsequent steps : FIR, prosecution, counselling, ++
  5. 5. 06/28/13 5 Gender : women as a specific issue Increasing presence of women in all fields of human endeavour Men’s absence of exposure, esp. where women superiors or equal, till recent co-education Law of averages applies across the spectrum, women equal participants in crime as well as detection : witnes protection situations ? Accusations of ill-treatment likely unless sensitivity shown in dealing with women – and in our country, women are always an emotive issue : anything can be “outraging modesty”
  6. 6. 06/28/13 6 Why be careful ? Specific statutes : provisions : their interplay and effect : special status conferred on women Impact : implementation : desirability Faceless administration’s “face” : take flak Cutting edge of control, therefore bearing the brunt : media issues : real-time video coverage What is the reason for the law being what it is ? Why are you whatever you are ? Damned if you do, damned if you don’t !
  7. 7. 06/28/13 7 Real life … situations ACJ Hyd CCC – Contempt Case – Credit from HC – personal situation III JCJ : allegations – transfer – demoralization The Shanakaracharya… sometimes the police is the functioning arm of a hostile political setup, and is wrongly perceived as violator of rights : so, damned if you do… ! Govern, not Rule : why us + them Create confidence so people see you as a source of protection and not a source of persecution : so fair your steps that an arrested man’s family sleeps soundly
  8. 8. 06/28/13 8 Real Life … continued “as long as we have prisons, it matters little which of us occupies the cells” : occupying prison cells : sociological factors everywhere None can worship God + love his neighbour on an empty stomach Wrong messages : the law must take its course, or what is the message that gets through ? Gujarat, Naxalites, POTA vs warning, Union Carbide 80k, Punjab 250k
  9. 9. 06/28/13 9 What This Means… Dereliction of duty : judicial activism : why blame the police ? The need of the creator comes before the need of any possible beneficiary : charity begins at home... and so does ruthlessness … and all else ! Sensitivity to variables, flexibility of approach, understanding the essence and working from the heart, matter of perspective
  10. 10. 06/28/13 10 Next Steps We are all parts of a whole, and a chain is as strong as its weakest links : proper steps control crime, improper ones create unrest, bitterness, alienation, anger, become breeding grounds… Lead from the front, exemplify what is desired most in others : Kotwal Mohammed Jaffer, Syed Riaz, SIs 
  11. 11. 06/28/13 11 •Ends ! Thank you for your attention !! Shafeeq Rehman Mahajir Brainstorm Legal, advocates

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