Maharashtra State Commission For Women

1. Maharashtra State Commission For Women

2. Main Objectives : To improve the status and dignity of women in the society. To investigate into practices unfavorable to women and suggest suitable remedial measures to them. To effectively monitor implementation of laws affecting women. To advise the Government on all matters related to the improvement and upliftment of the status and dignity of women in society.

3. Gender based violence • Gender based violence is an manifestation of unequal power relations between men and women, that denies women the right to survival, wellbeing & development.

4. Forms of Violence experienced by Women throughout their Life Span Violence before birth: (Declining CSR) Domestic Violence: Rape: Sexual Harassment at workplace & in public places. Prostitution and Trafficking: Acid Throwing: Abduction: Violence of Dowry: Mental or Psychological Torture: Economic violence: Torture during Pregnancy: Forced Prostitution: Murder:

5. Factors Contributing to Increased Violence against Women: Patriarchal Society: Socio-Economic Factors: Cultural Ideological Factors: Devaluation of Moral Character: Poverty Pervasiveness: Lack of education: Gender disparity: Gender Role (Stereotype): Denial of resources (Property, Land, etc.): Son Preference:

6. Constitution of India Fundamental Rights • Article 14- equal rights and opportunities for men and women in the political, economic and social sphere • Article 15- prohibition of discrimination on the grounds of sex, religion, caste etc • Article 15(3)- empowers the State to take affirmative measures for women • Article 16- provides for equality of opportunities in the matter of public appointments

7. Introduction • Domestic violence is a hidden problem in India, as the home is considered a private space under the control of the male head of the household. Women are seen as traitors by the family when they report violence. • Domestic violence can occur in any social and economic context, in affluent and poor households, in developed and developing countries, literate and illiterate, educated and uneducated; all types of women are victims. • Violence against women puts huge pressure on a nation’s socio-economic fabric resulting in heavy losses in terms of productivity. • Economically dependent women are generally found to be more vulnerable to violence. The Act named The Protection of Women from Domestic Violence Act, 2005 has been enacted to give protection to women from domestic violence.

8. Domestic Violence:  • Criminal law- Section 498A • Protection of Women From Domestic Violence Act, 2005 • Recognition of the right to residence. • Provision for the appointment of Protection officers and the recognition of Service Providers. • Trainings for Protection Officers and Judges Awareness creation. • Budgetary allocation.

9. In case of Domestic violence : • In case of Domestic violence Both civil and criminal law apply in case of DV. • Inflicting physical violence on a wife or daughter-in-law as well as subjecting her to cruelty - physical, mental, sexual or emotional and economic - in a marriage is not only a civil offence and provides ground for divorce (a "matrimonial offence"), but is also a criminal offence under the Indian Penal Code, for which a person can be imprisoned. The laws dealing with marital abuse have been made very stringent through amendments in the Indian Penal Code and the Evidence Act.

10. The Criminal Law (Amendment) Ordinance, 2013 • This new Act has expressly recognized certain acts as offences which were dealt under related laws. These new offences like, acid attack, sexual harassment, voyeurism, stalking have been incorporated into the Indian Penal Code:

11. WHAT IS A MEDICOLEGAL CASE? • It is a case of injury or ailment where an attending doctor after taking history and clinical examination of the patient thinks that some investigation by law enforcing agencies is essential, so as to fix the responsibility regarding the case in accordance with the law.

12. Sexual assault care and forensic evidence (SAFE) kit protocol. This model protocol, which is intended to guide medical and sexual assault history-taking, the forensic and general examinations and laboratory examinations, consists of six forms: • Consent form • Medical history form • Sexual assault history form • Forensic evidence form • General examination form • Discharge/summary slip

13. MEDICAL EXAMINATION OF VICTIMS OF SEXUAL ASSAULT • Examination only by female registered medical practitioner • Without delay • Consent -documented • Note down particulars • Complete history • Examination – Genital examination and injuries: • Standard protocols and guidelines • Preserve samples-DNA profiling • Emergency Contraception if required • Treatment /prophylaxis as required • Opinion

14. Collection of viable medico-legal evidence requires: • Easily accessible, cost-free (to the victim) male and female sexual assault examiners who are well-trained and authorized to gather evidence properly and testify to it in court, and who are sensitized to the negative impacts of erroneous beliefs and attitudes regarding sexual assault and sexually assaulted women; • Suitable facilities distributed across urban and rural areas, available 24-hours a day, seven days a week, that house adequate supplies and equipment and that can secure its protection; • Collaborative networks and effective communications across the health care, law enforcement and legal sectors, and nongovernmental and community organizations such as rape crisis centres; • Well-constructed standardized protocols adaptable to local circumstances and suitable technologies that are readily available. Source: THE USES AND IMPACTS OF MEDICO-LEGAL EVIDENCE IN SEXUAL ASSAULT CASES: A GLOBAL REVIEW

15. Processing of viable medico-legal evidence requires: • Access to forensic facilities with adequate resources, staffed by properly trained analysts who can both process and testify to it without the interference of personal biases and demands from other post-sexual assault professionals; • proactive involvement of police specially trained to maintain the chain of custody and to handle cases in a timely and sensitive manner, free from anti-woman, rape-supportive beliefs and attitudes, and corruption; • Prosecutors, defence attorneys, judges and other court staff sensitized to the detrimental impact that anti-woman biases and rape myths can have on its use in the courts. Source: THE USES AND IMPACTS OF MEDICO-LEGAL EVIDENCE IN SEXUAL ASSAULT CASES: A GLOBAL REVIEW

16. CHILD ABUSE/ SUSPECTED VICTIMS OF SEXUAL ASSAULT/ABANDONED CHILDREN Guidelines laid down by hon’ble court • A detailed description of assault/abuse history be mentioned • In case of girl victim medical examination preferably by a female doctor • As far as practical –psychiatrist help be made available to victim • Report to be prepared as early as possible • Parents/ guardian whom child should trust should be allowed to be present • In case of results of examination are likely to be delayed the same should be mentioned • Emergency medical treatment/prophylaxis against STD to be provided when necessary • After examination child permitted to wash up and provide fresh clothing if clothing is taken as evidence • Preserve samples according to guidelines –SAFE [Sexual abuse Forensic Evidence] Kit provided in Govt. hospitals

17. Addressing Gender Based Violence • Strengthen and expand Training and sensitization Programs: Programme designed to train, sensitize and inter-link those working at critical entry points to identify and treat abused women should be a priority, with one aim being increased accountability across institutions. Such programmes should be tailored for medical personnel, the judiciary, counseling and other support service providers. • Effective use of the Media to build Public Awareness: Mobilisation of communities around campaigns such as that for "Zero Tolerance of Violence" requires improved skills and capacity among NGOs to enter new forms of dialogue with journalists and media personnel to heighten awareness of human rights and their significance for addressing domestic violence. • Replication of “Dilaasa”: Replication of Dilaasa model of one stop crisis centre housed in the public hospital to facilitate collective intervention of medical staff, police and NGO must be replicated through out the country.

18. Conclusion Sexual assault is a common, widespread and insidious problem that has serious physical, psychological, emotional and social consequences. Anti-woman attitudes and rape myths have fuelled its prevalence and shaped the ways in which victims have been treated by health services, the police, the judiciary and in law. As a result, many have chosen not to report their victimization or have been filtered out of criminal justice systems, resulting in low charge-filing and conviction rates. Over time , medico-legal services have increasingly been established. The intention has been to provide suitable facilities, staff, protocols and technologies for collecting and processing viable medico-legal evidence to aid in the conviction of rapists.

19. Thank You