Matters of Concern

..and the system failed her

Even as abuses against domestic workers, taking place in private homes and hidden from the public eye go unreported, the recent case reported in Fatorda, of physical abuse of a woman domestic worker in forceful confinement -- failed to garner media and public attention. 

However, the case brought to light the likely prevalence of such women trapped in situations of forced labor or trafficked into forced domestic work in conditions akin to slavery in Goa.

The Case: On January 26, Linda Shirwaiker informed about a woman, aged around 50, working as domestic help for a family in Gogol Housing Board, who had been confined, and regularly assaulted by her employers. She went on to say that the woman had been subjected to physical assault and psychological torture for many years now. In a few hours, we went to the victim's house and found her alone, sitting outside the main door. After ensuring her employers were not around, we got her into a conversation. As she spoke about her problem, we recorded (audio) the entire conversation, reported the matter to the Superintendent of Police (south), and filed a complaint requesting for rescue of the woman. 

Even as the victim woman was rescued and sheltered at the One Stop Centre, we were apprehensive that it was not the end of the victim's  saga. Our fear stemmed from the apathy of the police!  There were more than few lapses on their part in following due process of law. 

The perpetrators, though present at the scene, were not brought under the ambit of existing criminal laws for reasons best known to the police -- despite the fact that the offenders were liable for grave offences such as physical, psychological abuse/torture, forced/bonded labor without pay, forced confinement, violation of human rights, etc.

While the law called for action against the perpetrators and rehabilitation of the victim woman at a permanent shelter held by the government, there was no investigation whatsoever, despite the gravity of the crime. We were in for a rude shock when we found out that the police and the NGO had sent her to Ahmedabad in Gujarat to some "relatives" without any  verification even as the victim woman is on record stating that she was brought by the perpetrators as a child from Karwar and ever since never saw her family. 

The case not only exposes the criminal negligence of the police but also questions the law which calls for protection of the victim through the Domestic Violence Orders of Protection, meant to prevent the accused from continuing to abuse the victim, by ordering them to stay away. 

This is a clear case where the system failed the victim -- instead of guaranteeing ability to work with dignity and free of violence, she was systematically denied any protection and handed over to her perpetrators with impunity, simply on the pretext that the victim did not lodge any complaint against her abusive employers. 

It is obvious that the situations which prevented her from reporting the abuse for several years was not eased after her rescue, as she was not properly counseled at the crisis centre as mandated. Nor was she made aware of her rights, enabling her to lodge the complaint against her abusers. Disgustingly, the case was hushed up even without proper rehabilitation of the victim.

Conclusion: Cases like this are not isolated and indicate the prevalence of such crimes, even in a state like Goa where the police response has largely been incompetent, complimented by the absence of public awareness, training of law enforcement, accessible complaint mechanisms, and effective enforcement.

Protecting vulnerable people, including victims of domestic abuse, should be the priority of police. However, in this case, the initial investigation was largely farce -- no photos taken, no recordings and moreover there were no measures in place to protect the victim. The mandatory statements giving details of the scene, injuries and demeanour of the victim or suspect was also not taken. If not for the public outrage, the police would have even failed in rescuing the victim. 

It is mandatory for the police to know what is needed to prosecute a case without the victim’s support. It is important for the police to acknowledge the victims’ fears that police involvement may escalate perpetrator behaviour and make her more vulnerable. It was also vital for the police to arrest the offender in this case, as she threatened the victim infront of the police. 

Moreover, various provisions have been made with regard to offenses against women under the Indian Penal Code and the Indian Evidence Act. Several laws have also been enacted to promote women’s right to equality and address the issue of discrimination and enable them to lead a life of dignity. 

Nevertheless, this story also calls for labor legislation to be complemented by criminal laws allowing for successful prosecution of offenses such as physical, psychological, and sexual abuse, forced labor, forced confinement, trafficking and egregious violations of human rights. 

As the month of  March is celebrated the world over, with International Women's Day (IWD) in focus, the plight of such  vulnerable women, who suffer behind closed doors, far away from any help, should surely garner attention.