CITY SUPPLEMENTS: AHMEDABAD TIMES

CITY SUPPLEMENTS: AHMEDABAD TIMES
25 Nov, 2006
http://timesofindia.indiatimes.com/NEWS/City_Supplements/Ahmedabad_Times/Bitter-sweet_home_truths/articleshow/573891.cms
A big happy Indian family might be Bollywood's favourite theme for a dream . But reality is not always so rosy. The National Crime Record Bureau (NCRB) registers a case of cruelty by husbands and relatives every nine minutes. The National Commission for Women has in 2003-04 recorded 902 cases of dowry harassment and 310 cases of matrimonial disputes. Even as Rahul and Shweta Mahajan deny reports of alleged domestic violence, the Protection of Women from Domestic Violence Act, (DVA) 2005 gains prominence. How far will the Act succeed in empowering women? A ray of hope: DVA attempts to look at bitter home truths like marital rape and child abuse. "I would call DVA a dynamic act and its scope is wide. Every woman in a household is protected within this act," says Sheba George of Sahr Waru. Agrees Aditi Desai, a theatre personality, "DVA will give a fresh lease of life to women. It's a fact that homes are not always a safe place for women. The Act is not confined to physical violence but also includes verbal, emotional and economic violence." And for the first time in India, rights have been given to women who share a live-in-relationship. Beyond the Act: But will women come forward to use this Act? Says, Leela Visaria, an independent researcher on population and gender issues, "We have excellent laws but the same can't be said about their implementation. Laws don't bring social change. Mindsets do." Agrees Sapna Swami, a victim of domestic violence, "The laws might be good but they don't help needy women. I went through mental torture from my husband's family. When I wanted to lodge a complaint, I was subjected to emotional blackmailing. In the end I had to withdraw the case." Radhika Mathur (name changed), who is in a live-in relationship however, is positive: "Being educated I would prefer to solve a problem between ourselves. But if it gets serious, then I would like to use this law." Predictably the law has not gone down well with some men who feel that a few women will misuse this act to settle scores. Says Dashrath Devda, President of the All India Crime Against Men By Women Sangh: "If there is 498A for women then there should be a 498B for men as they also face domestic violence. We have 22,716 men in our association which proves men can also be victims of domestic violence." But then it's also a fact that according to the National Crime Records Bureau, there were 1,55,552 crimes committed against women last year, 68,810 of which were related to domestic violence. Implementing the act: The draft Act provides for the appointment of Protection Officers and NGOs to provide assistance to a woman, like medical examination, legal aid and safe shelter. Senior lawyers and activists express apprehension over the ambiguity of budgetary allocation to appoint protection officers. Says Sophia Khan, lawyer and human rights activist: "The state governments have to formulate this civil act. We need agencies and qualified protection officers to deal with such sensitive cases. While some states are considering implementing the act at Taluka level, some are considering it at the district level." Adds Sheba George: "In addition to the nodal agency, the role of protection officers is important. The state government has to take adequate steps. Activists agree that it's necessary to create awareness among all strata of women regarding this act. That's a task which will require some effort.

PIL seeks policy to prevent child marriages

PIL seeks policy to prevent child marriages
Bageshree S.
http://www.hindu.com/2006/11/25/stories/2006112509060100.htm
`46.03 per cent of girls in the State are married before they turn 18'
56 cases registered in the country during 1998-99
`Age proof should be made mandatory in all mass marriages'
CAUGHT UNAWARES: A May 2004 file picture of child brides and their grooms at a mass marriage in Kurgodu of Bellary district. — Photo: The Hindu archives
Bangalore: The National Family Health Survey (NFHS) of 1998-99 states that 46.03 per cent of girls are married before they turn 18 in Karnataka. But the number of child marriage cases registered in the country in the same year was as low as 56.
How do so many child marriages escape the notice of law even though The Child Marriage Restraint Act was passed in 1929?
Pertinent
This question becomes more pertinent in a State that brought Child Marriage Restraint (Karnataka Amendment) Act in 2004 to make anti-child marriage laws more effective.
This question has been raised in a Public Interest Litigation (PIL) filed by the Human Rights Law Network (HRLN).
Evidence
The case, first of its kind in Karnataka, draws from evidence of child marriages in Bijapur and Bagalkot districts, documented by Rural Education and Child Health Society of India (REACHS-I).
Interestingly, most of them were solemnised in mass marriages conducted by religious institutions, often attended by political leaders and officials.
Significantly, one of the mass marriages cited in the Public Interest Litigation - at Javalageri village in Sindhanur taluk in May 2006 - was attended by Chief Minister H.D. Kumaraswamy.
K. Boodeppa of Rural Education and Child Health Society of India says that he has documented evidence of child marriages since 2004 in the two districts, including video footage.
Appeal
His organisation has appealed to the Chief Minister, State Women's Commission and other offices concerned several times seeking that age proof should be made mandatory in all mass marriages.
"But child marriages continue and the administration turns a blind eye to them," Mr. Boodeppa says.
Survey
The petitioners have sought a clear policy guideline on prevention of child marriage and a survey to quantify the extent of child marriages.
In one crucial reference, they have stated that the parents of the children married should not be prosecuted for the crime since most of them come from poor backgrounds. "Some of them do not even know it is illegal. Awareness is abysmally low in these drought-hit areas," Mr. Boodeppa says.
Sheela Ramanathan of the Human Rights Law Network, who visited some of the villages where child marriage is rampant, points out that it also has to be seen in the light of fears about a girl child's safety.
Schools far away
"Schools are far away in many of these villages and people feel that it is not safe to send their girl children to them," she says.
Parents prefer to "shift the burden of safeguarding the girl child to the husband". Ironically, girls married off early face other risks to their health owing to early pregnancies.
Victims
They also often become victims of sexual abuse and domestic violence.
The petition states that child marriages amount to violating an individual's "Constitutional right to life, health, dignity and opportunity to develop".