MATTERS of CONCERN
Crimes Against Women
& Role of the Society
Institutions supposedly expected to support, stand by and rally behind the victims of crime against women somehow seem to be providing only lip service or even missing from the scene when they are needed the most. When one talks to victims one realizes that bodies such as the One Stop Centers (North and South), Goa State Commission for Women, Victim Assistance Units, Childrens Commission of Goa, etc; grossly fail to reach out to the vulnerable and the victims, laments SANGEETA NAIK.
Cases of atrocities on women which come to limelight time and again and more importantly the reaction of the public to these cases makes one wonder. Is the modernity that we claim to have imbibed as an advanced civilization a mere eyewash? Just beneath this thin crust of modernity and civilizedness, are we still a group with a collective irrational, crude and cruel medieval mindset?
With the exception of a few active civic groups, we in Goa tend to alienate ourselves from such cases. We somehow prefer to remain in an illusion that such incidents don’t happen in our Goa. But is it really so? Women in Goa are equally vulnerable like the rest of India. Our law and order systems are as defunct as elsewhere in India. Women in Goa too have not realized their strength as 50 percent stakeholders of society.
Goa registers minimum one case per day of atrocities against women -- As per the National Crime Record Bureau (NCRB) report on an average 350 plus cases of grave crimes against women are registered every year. Here are the stats for the past 3 years – 369 cases in 2017, 362 cases in 2018, and 329 in 2019. Mind you, these are reported cases and just the tip of the iceberg. The cases range from rape to domestic violence and abduction to dowry harassment. After reading Swarupa Nasnodkar ma’ams poem ‘Goem kenna nivaltale’ during lockdown I was asking my friend what was her take on when Goa would go back to its normal self and she said when you see reports in the media of prostitution and drug rackets being busted day in and day out. I was angry with her response than. But true to her word, the moment the lockdown was eased these cases have started hitting headlines. Such is the prevalence of prostitution and human trafficking around us. If one wishes to know what happens with the victims who are allegedly rescued one ought to listen to the horror stories by Arun Pandey of NGO Arz.
In 2019 alone 74 rape cases were recorded in Goa. The sad part is while 24 victims were above 18 years of age 50 were minors. In fact with a minor rape rate of 6.4 % we stand second in the country after Kerala. Hundreds of cases of crimes against women, including cases of rape, molestation and outraging of modesty —have remained undetected in the state, over the past several years. Under the garb of name, fame, family valour a large number of cases are neither reported nor discussed for that matter. Even with those that are reported investigations and chargesheeting by police happens has happened in just 75.8 % of the cases of atrocities on women and the pendency percentage is 23.9 percent. At the judiciary level the picture is even more dismal. The conviction rate is hardly 8.3 percent and pendency a huge 91.5 %. As the law takes it’s own sweet time and course to do justice it generally loses its significance and more importantly fails to instill any fear in the perpetrators of the crimes. As per the judiciary the reason for very low conviction rate in such cases is generally shoddy, lackadaisical and at times insensitive investigation by the police. When there are lapses in probe it becomes increasingly difficult for the courts to convict or sustain the conviction of perpetrators of such crimes. The law is blind and goes by only and only evidence. The order given by the High court of Bombay at Goa in mid September 2020 while releasing minor rape and murder accused is a must read as it completely exposes our law and order systems. The judges have slammed the police machinery for casualness, insensitivity and apathy in such investigations. The court highlighted several facts such as basic precautions were not taken with evidences, casual approach was followed even with dying declaration of the accused etc. The court has also asked DGP Goa to hold an inquiry into the conduct of his officers and take corrective actions within the next 6 months. Hope some action really happens on ground zero on this front.
Public memory is short -- We as a society wake up from our Kumbhakarni slumber when very grave crimes occur against women. But our state of awakening and our memory of these misdeeds is very short lived. All the four pillars of our democracy the executive, legislative, judiciary, press/media are fully aware of these shortcoming and play with them to light up and tone down issues as per different vested interests and conveniences. After reports in the media and a few days of extensive hype the issue is forgotten and even forgiven at times. Once the limelight on these cases fades off the victim and the family are left all on their own to fend for themselves. Hundreds of cases of violence and other crimes against women in Goa drag on for years at end till the time the victim either gives up or decides to accept it as a matter of fate.
Defunct victim assistance bodies -- Institutions supposedly expected to support, stand by and rally behind the victims of crime against women somehow seem to be providing only lip service or even missing from the scene when they are needed the most. When one talks to victims one realizes that bodies such One Stop Centers (North and South), Goa State Commission for Women, Victim Assistance Units, Childrens Commission of Goa, etc; grossly fail to reach out to the vulnerable and the victims. Reasons there could be many.
Govt is also not very keen on effective functioning of these bodies. Such bodies are kept headless, given to confidantes as awards of loyalty. For that matter least or mal functioning and mismanagement of such bodies is encouraged. Even when these or other institutions like Lokayukta, Human Rights Commission etc try to show spine and intervene the general tendency is to disregard their recommendations.
Goa government came up with the concept of counselor for assisting school students in management of stress, age specific issues, crimes, cyber crimes, careers, sexual exploitation etc. A fleet of 80 plus councilors working under Goa Education Development Corporation (GEDC) go to schools across Goa to supposedly handhold students. I am not aware as to what extent they assist in other areas , but when it comes to sexual exploitation of students, I have experienced from very close quarters the toothless ness and gross failure of this system.
Accused have the last laugh while victims repent complaining --The infamous Vasco rape case which happened right inside the ‘secure’ school environment is unsolved, accused in the Siolim minor rape case is reinstated in service, the Ribandar victim committed suicide after the teacher who abused her was left out on bail. The teacher is happily following his passion and holding art exhibitions. The Betalbhatim gang rape case is pending and the accused has managed to flee from police custody. These are just a few examples.
There is yet another dimension to crime against women in Goa. I am sorry to say but for us Goans crimes against non Goans are not crimes but matter of facts to be pushed behind the carpet or trivialized. All in all our systems are well geared to successfully break the victims resolve for justice. The victims and their families eventually back off and go back to their routine with unhealable wounds. God knows how many such wounds are created by our un accountable systems day in and day out. This is the stark reality of our patriarchal , flawed law and order system where the accused have the last laugh and the victims and their families are made to repent that they complained or are even vilified.
Is there a solution? From the time Savitribai Phule opened the windows of education for women consistent efforts have been made to empower and educate women, make her independent and capable of holding all types of responsibilities and carrying out all types of tasks. But literally no efforts have been put in to teach man how to behave with an educated, independent, capable women. This needs to be done on priority NOW if we desire to see some change in the next 50 years at least.
Extreme sensitization of the law and order maintenance machinery towards crime against women by framing a Goa specific program with inputs from all stakeholders also can help make a world of difference. To begin with even if such training can be given to 40 odd lady constables incorporated into the police system for past 2-3 years it can help improve the ecosystem. Next the victims assistance bodies need to be made fully functional and accountable.
While we wait for the system to change here is a wonder solution that has worked for me and am sure will work for at least some of you. Invest time to compassionately weave a safety net of humans around you which you can totally rely upon to prevent your breaking down if you ever happen to face a fall.
I sincerely feel its high time the Indian society sheds away its biases and treats women as human realising that the stakes are high. India is one of the world’s worst performers when it comes to women’s participation in the workforce. Women’s participation in workforce in India declined sharply from an as such low 36.7% in 2005 to a meager 26% in 2018. Our decision makers need to be realize that only wholehearted participation of women workforce in nation building alone can propel the country to the next level of advancement. And if that has to happen society need to ensure that every women’s ‘mind is without fear and her head is held high’.
OPINION
NEP 2020: Important changes that we must appreciate!
By Percy Cardozo
As India marches ahead in the 21st century, the new policy promises to revolutionize its education and empower future generations with knowledge and skills necessary to take on the world. The announcement has received a mixed reaction from the public. While the media has hailed it as the much-needed magic-bullet to rid the education system of its ills, the educationists and academics have greeted it with a concern, underlining the potential problems hidden between the lines. It is pertinent here to say that no policy or legislation is a perfect fit, particularly for a diverse democracy like India. Also, education is a complex concept which presents itself with challenges in today’s technology-driven global culture. Thus the NEP 2020 without a doubt will have lacunae. That aside, we must celebrate its announcement for the very fact that the reforms were long overdue.
Having worked in the education sector for almost three decades I have always felt that there should be a change, and as of this day this need stands stronger than ever. Dissecting the NEP is a lengthy process and uncovering all of its aspects will require a long discussion, especially the higher education. Hence this article will forces on school education only. Also, being an educationist and a mental health professional, my views in this article represent a purely developmental and an educational perspective.
The NEP 2020 has recommends a new structure of school education (5+3+3+4) of which 5 years are in a preschool/anganwadi/balvatika and 12 years in school. Key features that must be appreciated the new policy include;
Focus on Early Childhood Care and Education: This is the first time since the independence, our educational policy will focus attention on a very important stage in the development of a child—the first 6 years of life. It is a crucial time for brain development and learning. It is also noteworthy to mention that the functioning of this sector shall be the joint responsibility of four different ministries—Education, Women and Child; Health and Family Welfare and Tribal Affairs. If implemented in the right spirit, it will save our little children the torture of a pedagogically insane curriculum. Hopefully, this will also solve a lot of the problems for parents who end up paying unnecessarily enormous amount of fees for private pre-school education.
Promotion of multi-lingual approach to teaching-learning: Recognising the fact that young children grasp concepts quickly in their home language or a language that they grow up listening to, the policy states that the medium of instruction at least up to Grade 5 and preferably until Grade 8 will be the home language. While this recommendation is aligned to the developmental stages, in a country like India which has multiple languages and inter-state migration it can be a contentious issue. Implementation at state level will have to be well planned and not used as a prop to rake up political or patriotic issues. Besides proficiency in their native language, children be able to learn a myriad of languages, which will no doubt help them navigate the international network.
Reforms in examinations for classes 9-12: The policy is all set to make one of the most stressful experiences of a child’s life, the board exams easier and flexible. However, this does not mean lowering of standards, the exams will capture fundamental capabilities and skills, rather than just the ability to rote learn. The country’s top educational institution, the NCERT, will prepare guidelines for the examinations in consultation with the SCERTs and the Boards of Assessment. This will relieve a large majority of our nation’s young people from the stress of ‘beating the boards’ and lift off the burden for some young people racing to cross the ever-rising percentage threshold.
Stronger emphasis on inquiry-based, experiential learning and holistic progress of the child: While the previous polices also discussed this, the NEP 2020 makes explicit mention of the process to develop critical thinking and analytical thinking skills. Since I have ventured into this field, it has always been a part of educational discourse and it does not move away much from the earlier policies. It remains to be seen how these concepts translate into teaching pedagogies across all institutions, not just the elite schools, and be the pillars of our children’s learning experiences.
Attention to health and well-being: The most neglected aspect of a student’s life, health has taken a center stage. With provisions such as annual health check-up, reduction in the weight of school bags, focus on skills that promote well-being, support for children with disabilities and development of a caring, inclusive culture is the desired change in the schools. However, sexuality education which is a burning issue in today’s well-being education does not seem to have any explicit mention, we can only hope that this will be addressed.
Promise to provide inclusive and equitable education for all: The NEP 2020, has aligned itself to the Agenda 2030 for Sustainable Development and also the Rights of Persons with Disabilities Act, 2016. Thus it comes across an inclusive policy that will guide our educational institutions to facilitate multiple pathways to learning and adopt a differentiated curriculum to adapt to the needs of all learners. Thus, it is all set to make education universally accessible and affordable for all, at all levels of schooling - right from the pre-school (foundational) stage.
As a whole, the NEP 2020 comes across a truly child-centric, developed by persons who know the subject well. It is now the responsibility of the state and the central governments to work together to implement it smoothly. Also, it remains to be seen how the government addresses the concerns of citizens who are rightly worried about many aspects that are not openly stated but are implied if one reads between the lines.
EDITOR'S NOTE: The writer is a former teacher and a Psychologist at Sangath. She leads the Beyond Boundaries project which promotes and supports inclusion in the general education schools.
LEGAL MATTERS
SMASHING PATRIARCHY THE LEGAL WAY- (Part 3)
By Dr. (Adv) Shalini Yadav
Although the Hindu Succession (Amendment) Act 2005 granted equal coparcenary rights to Hindu women, the subsequent years saw differing interpretations by various High Courts and the Supreme Court itself on whether this amendment would be applicable with retrospective effect or as is the case with most laws, with prospective effect. This ambiguity saw contestations on issues of whether the amendment would apply to daughters born before the date of its enactment, i.e, 9 Sep 2005 and, if it would apply equally to those whose coparcener father was alive or deceased as on this date.
A few judgements took the view that the interest of the father i.e., coparcener could only devolve upon his death and thus his being alive at the time of the amendment was a precondition for the daughter to get the benefit of the new law. In Prakash Vs Phulavati Case of 2015, a two-judge bench of the Supreme Court gave a verdict that if the coparcener has passed away prior to 09 September 2005, his daughter would not have right to coparcenary property.
2018 witnessed a significant judgement in Danamma Vs Amar a partition suit filed by the Savadi sisters and contested since 16 years. Here a two-judge bench of Justices A.K. Sikri and Ashok Bhushan overruled the Karnataka courts’ judgement and decreed that even if the daughter was born before 2005, the case was filed before 2005 and irrespective of her marital status, she would get a share in the property. Justice Sikri recommended the constitution of a three judge bench to resolve the divergent interpretations.
In the Vineeta Sharma Vs Rakesh Sharma case a three-judge bench of Justices Arun Mishra, S. Abdul Nazeer and M.R. Shah on 11 August 2020 ruled that irrespective of whether the father was alive or not in 2005, the daughter would have equal coparcenary rights because as per substituted sec 6 of HSA 1956 in the amendment of 2005, she had, just like the son, been granted this right from the moment she was born.
The bench established that the amendment would apply with Retroactive effect as opposed to a Retrospective effect. This meant that while the law would come into effect from the day of its enactment, a status that arose in the past before this day would determine its future applicability. Since the status of a coparcenor arose at the moment of being born in a coparcenary, the time of birth was immaterial but this right could only be claimed on or from 09 Sep 2005, the day of the amendment. The Court further observed that there is no requirement of both the father and the daughter being alive as on 9 September 2005, as the inheritance was based on unobstructed heritage (by birth) and not obstructed heritage (due to father’s death). Even if a daughter was no longer alive by this date, her heirs can now claim a right over her coparcenary share, provided that the coparcenary existed on 9 September 2005 and had not been partitioned before 20 Dec 2004.
Another important part of the judgment was the ruling that partition based on oral evidence would no longer be accepted as it is not a statutory mode of partition except in exceptional cases where it is supported by public documents like a decree of a court. Even in cases that had been filed before 2005 and are pending final decree or in an appeal, or if a preliminary decree has been given based on oral evidence, the changes in law must be recognized and daughters be given equal share in coparcenary .
Stating that an interest in coparcenary can only be acquired through birth and adoption within permissible degrees, the Court categorically held that survivorship as a mode of succession of a Mitakshara coparcener, has been abrogated by virtue of Section 6 (3) of the 2005 Amendment. In order that daughters are not deprived of their right of equality conferred upon them by Section 6, the court requested that all the pending matters in this regard be decided, as far as possible, within six months.
This verdict lays to rest any divergence around interpretation of the amendment and whether any woman can be left out due to prospective application of the law. While all these judgements were significant and logical extensions of the 1956 HSA, there still remain areas of concern.
EDITOR's NOTE: The writer is a Gurgaon (Haryana) based lawyer, women rights activist & political commentator.
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