Violence against Women - Perspective, Provisions and Programmes

1. VIOLENCE
AGAINST WOMEN
P E R S P E C T I V E S , P R O V I S I O N S , A N D P R O G R A M M E S

2. DEFINITION
• The term violence derives from the Latin word vis, which means force and refers to the
notions of constraint and using physical superiority on the other person.
• “Any act of gender based violence that results in or is likely to result in physical, sexual, or
psychological harm or suffering to women, including threats of such acts, coercion or
arbitrary deprivation of liberty, whether occurring in public or private life” (UN Declaration
on VAW)
• “Any act, omission, or commission or conduct of the respondent shall constitute domestic
violence in case it (a) harms or injures or endangers or tends to do so includes causing
physical abuse, sexual abuse, verbal and emotional abuse and economic abuse (b) harasses,
harms injures or endangers the aggrieved person to meet unlawful demand for dowry,
property, or valuable security”. (PWDVA 2005)

3. RECOGNITION OF VAW:
CONVENTIONS
• Charter of the United Nations (1945)
• Convention on genocide (CPPCG, 1948)
• International covenant on civil and political rights (ICCPR, 1966)
• International covenant on economic, social and cultural rights (ICESCR, 1966)
• International convention on the elimination of all forms of racial discrimination (ICEARD, 1965)
• Convention on the elimination of all forms of discrimination against women (CEDAW, 1979)
• Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment
(UNCAT, 1984)
• Convention on the rights of the child (UNCRC, 1989)
• Inter-American Convention on the prevention, punishment and eradication of violence against women
- Convention of Belém do Pará (ICCCPE_VAW, 1994)

4. KEY THEORETICAL MODEL
• The Ecological Model to understand violence (W.H.O)
Society
Community
Relations
Individuals

6. FACTS AND FIGURES
• Violence against Women is a violation of Human Rights
• 1 in 3 women across the globe (33%) face domestic violence from their husbands – [UN
WOMEN (2016) Facts and Figures]
• Ever-married women who have ever experienced spousal violence is 31.1% (NFHS 4 – 2015-
16)
• NCRB 2016 – Majority of Cases under "crime against women" category reported an increase
of 2.9% in 2016 over 2015. Majority of these cases “cruelty by husband or his relatives”
(32.6%) followed by “assault on women with intent to outrage her modesty" (25.0%),
“kidnaping and abduction of women” (19.0%) and “rape” (11.5%)
• Rape cases have reported an increase of 12.4% from 34,651 cases in 2015 to 38,947 in 2016

7. PROVISIONS: CONSTITUTIONAL
• Article 14, confers on men and women equal rights and opportunities in political, economic and social
sphere.
• Article 15, prohibits, discrimination against any citizen on grounds of religion, race, caste, sex etc.
• Article 16, provides for equality of opportunities matters relating to employment or appointment to
any office under the state.
• Article 21, secures right to life and right to personal liberty
• Article 39(a) directs the State to ensure that the operation of the legal system promotes justice on a
basis of equal opportunity; 39(d), mentions policy security of state equality for both men and women
the right to a means of livelihood and equal pay for equal work for both men and women.
• Article 42, Direct the State to make provision for ensuring just and humane conditions of work and
maternity relief.

8. PROVISIONS: LEGAL
• The Dowry Prohibition Act, 1961: Under the provisions of this Act demand of dowry either before
marriage, during marriage and or after the marriage is an offence.
• Indian Penal Code: Section 304B: Death of a woman within 7 years of her marriage; Section 498A:
When husband or his family subjects woman to cruelty (“intentional” behavior that causes serious
injury or harassment for dowry); Section 376: Rape law; Section 294: Obscene acts and songs; Section
354: Intent to outrage a woman’s modesty
• The Medical Termination of Pregnancy Act of 1971
• The Protection of Human Rights Act, 1993
• The Protection of Women from Domestic Violence Act, 2005:
• The Sexual Harassment of Women at Workplace(Prevention, Prohibition and Redressal) Act, 2013

9. THE PROTECTION OF WOMEN FROM
DOMESTIC VIOLENCE ACT 2005
• Domestic Violence includes - harming or injuring a women in a domestic relationship, be it,
physical abuse, sexual abuse, verbal or emotional abuse or economic abuse
Important Aspects – Rights based (civil) law - Advocates the right to live with dignity
• Only a female can be victim
• Adult males who have been in domestic relationship with the aggrieved woman, and male
an female relatives of husband/male partner can be made the respondent
• Live-in relationships are also protected
• Specific definitions of physical, sexual, verbal/emotional and economic abuse

10. REMEDIES AND RIGHTS: PWDVA’05
Remedies to the Aggrieved Woman:
• Inform the Protection Officers (section 4) and fulfilment of duties by Protection officers (section 9)
• File an application (section 12,13,14) and make use of government official’s duties towards her (section 5, 10,11)
• Make use of shelter homes, medial facilities and counselling if necessary (section 6, 7)
Rights of the Aggrieved Woman:
• Right to reside in shared household (section 17)
• Protection order issued to the respondent, for safety of the survivor (section 18)
• Residence order against the respondent (section 19)
• Monetary relief (section 20)
• Full custody of children may be given to the survivor; visiting hour to respondent (section 21)
• Compensation (section 22)
• Seek interim and ex-parte orders (section 23)
• Penalty to respondent for not following order (section 31)
• Penalty to Protection officers for not taking actions (section 33)

11. CHALLENGES IN IMPLEMENTATION OF
PWDVA
• The Act is not being used in conjunction with other laws
• Lack of knowledge about service providers; over dependence on lawyers
• Lack of sufficient protection officers, improper training, additional expectations from P.Os
(counselling) and work assignments (home studies , service of summons and
implementation of orders)
• Lack of sensitivity among police, priority of mediation, lack of interest in making entry in
daily diary
• Poor quality of service by DLSA
• Delay in passing orders, interim orders not passed in most cases, lack of coordination of
courts with other stakeholders, sometimes lack of details in orders, less importance is given
to DIR, appeal takes long time for disposal

12. ONE STOP CRISIS CENTRE
• Nirbhaya Gang Rape, Justice Verma Committee Report, Nirbhay Fund (women helpline,
one stop centre)
• Approved for Implementation from 01.04.2015
• Services – Medical Assistance, Police Assistance, Psycho-social support/counselling,
legal aid/counselling, shelter, video conferencing

13. FLOW CHART - OSCC

14. PROGRAMMATIC APPROACH
Transformative Approach and Program Theory (Oxfam)
Transformative Approach
•Individual Empowerment
•Collective Empowerment
•Well implemented laws and
policies
•Change in social norms
Informal Formal
Individua
l Level
Systemati
c Level
Increasing women’s
access to resources
Changing
women’s and
men’s
consciousness
Influencing formal
institutions, laws,
policies
Challenging norms
and exclusionary
practices
Capacity Building
Awareness
Program
Advocacy
Initiatives
Influencing
Opinions

15. PROGRAMMATIC APPROACH
Domestic and Family Violence Prevention Strategy (Queensland)
Prevention
• Respectful Relation
• Zero tolerance
approach
Early Intervention
• Community and leaders working
together
• Challenge attitudes
Crisis
Response
• Victims and
families supported
• Perpetrators held
responsible
Recovery
• Justice System deals effectively
Foundation Elements
• Community attitudes and Behaviour
• Integrated Service Response
• Strengthening Justice System Responses
Partner strategies
• Government
• Business/Profession
• Community
• Religion

16. PROGRAMMATIC APPROACH
‘Social and Emotional Well Being’ Conceptual Framework (NRCDV)
Risk Factors
Protective Factors
Promotive Factors
Factors for Change
Self Efficacy
Hopefulness
Intra Personal
Predictors of Well
Being
Social Connectedness and
Positive Relationship with
others
Possessing adequate
resources
Social, political, and
economic equity
Safety
Positive physical, emotional
and spiritual health
Additional Predictor –
Children’s Resiliency
Inter Personal and
Social Predictors of
Well Being
Provide Information (about
rights, options, DV trauma)
Safety plan
Build skills
Offer encouragement,
empathy and respect
Supportive counselling
Increase access to
community resources and
opportunities
Increasing social support and
community connections
Community change and
systems change work
Common Elements of
Program Components

17. T H A N K YO U