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CHALLENGES TO ADDRESS VIOLENCE AGAINST WOMEN IN THE UNIFORM

CHALLENGES TO ADDRESS VIOLENCE AGAINST WOMEN IN THE UNIFORM. NATIONAL WORKSHOP ON VIOLENCE AGAINST WOMEN HOTEL ASHOK NEW DELHI 7 TH MARCH, 2012. PRESENTATION BY MAJ. GEN. NILENDRA KUMAR DIRECTOR AMITY LAW SCHOOL, NOIDA. Military has a long and glorious tradition

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CHALLENGES TO ADDRESS VIOLENCE AGAINST WOMEN IN THE UNIFORM

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  1. CHALLENGES TO ADDRESS VIOLENCE AGAINST WOMEN IN THE UNIFORM

  2. NATIONAL WORKSHOP ON VIOLENCE AGAINST WOMEN HOTEL ASHOK NEW DELHI 7TH MARCH, 2012

  3. PRESENTATION BY MAJ. GEN. NILENDRA KUMAR DIRECTOR AMITY LAW SCHOOL, NOIDA

  4. Military has a long and glorious tradition of impeccable conduct.

  5. All ranks are trained and taught to accord due respect to the opposite sex.

  6. Indian Army, whether operating on home soil or beyond, is reputed and respected for its honourable track record.

  7. Its discipline and conduct has been exemplary and above board.

  8. Plural marriage is prohibited. If one contracts a marriage while he already has a spouse living, his services are liable to be terminated administratively.

  9. Evidence of domestic disharmony may lead to a severe blot in his career profile by merely reflecting in his performance report that he is not happily married.

  10. Tool to deal with cases of wives who have been neglected and are not maintained. Statutory remedy • Army Act, 1950 • Sections 90 & 91

  11. Effective statutory powers are available to the authorities to order payment of maintenance to wife or dependent children, whom, the military person is found not to financially maintain.

  12. However, the grant of maintenance will be limited to the duration of one’s service in the military.

  13. Domestic violence could be viewed in two ways

  14. Domestic law is prohibited by law

  15. The Protection of Women from Domestic Violence Act, 2005 (PWDVA)

  16. Army Act Provisions Section 69 would provide means to enforce PWDVA

  17. DOMESTIC VIOLENCE in the case of military has to be seen in the context of within a residence and also by the military as a close social group.

  18. NARROW VIEW Violence within the confines of a bungalow, quarter, flat or dwelling unit.

  19. BROAD VIEW

  20. BROAD VIEW Violence within the military station, cantonment or the area of operation.

  21. SIZE OF THE PROBLEM 80% of dowry death and 80% of harassment takes place in lower and middle class society (Report of Institute of Development & Communications).

  22. Major component of the Army is drawn from the same strata. Hence same level of academic intellect social demands & ethos, cultural values, mind set and economic status.

  23. MAIN REASONS FOR DOMESTIC VIOLENCEIN THE ARMY • Non familiar surroundings for those in CILQ. • Lack of compatibility (education and financial status). • Language barrier.

  24. MILITARY IS ALIVE TO THE ISSUE OF DOMESTIC VIOLENCE

  25. New dimension is the grant of commission to the women.

  26. NUMBER OF WOMEN OFFICES IN MILITARY Male Female Army 377 1072 Navy 177 7394 Air Force 667 10760

  27. AGENCY TO COMBAT

  28. MILITARY’S INTERNAL EFFORTS TO KEEP A WATCH & COUNSELLING

  29. Army Wives Welfare Association (AWWA)

  30. CONCEPTTO OPERATIONALISE Unit level - Family Welfare Centres Higher - AWWA formation

  31. Indian Armed Forces Wives A help line Call Asha at 9421016006 Monday – Saturday 8.30 am to 6.00 pm helplineforiaw@gmail.com

  32. LIMITATIONS • Personality oriented. • Lack of continuity in approach. • Unfamiliarity with local situations. • Limitation of expertise to deal with medical and psychiatric assistance.

  33. FALSE NOTION Applications for grant of maintenance are usually opposed by military units and formations.

  34. AWWA has a continuing agenda

  35. However, there have been a few cases to the contrary. These could (arguably) be viewed as aberrations. These have been selected to depict different working/situational incidents.

  36. SEXUAL MISCONDUCT INVOLVING • Junior woman officer • Wife of a colleague • Civilian subordinate • Civilian in counter insurgency situation • Peacekeepers

  37. CASE STUDIES • Engineer in Chief’s case • Maj. Gen. A.K. Lal • Brigadier from Artillery • Registrar of Army Medical College • Manorama Devi matter • Major Rehman Hussain • Army Public School, Pithoragarh case • Pioneer Saiman

  38. The first seven cases out of eight are of this decade.

  39. Brief facts of each of these cases

  40. Engineer in Chief’s case

  41. Maj. Gen. A.K. Lal

  42. Brigadier from Artillery

  43. Registrar of Army Medical College

  44. Manorama Devi matter

  45. Major Rehman Hussain

  46. Army Public School, Pithoragarh case

  47. Pioneer Salman

  48. REASONS FOR DEVIANT BEHAVIOUR • Service at isolated posts away from families. • Access to arms and dominant position. • Subservient victims. • Encouragement due to cases hushed up to safeguard Regiment’s reputation. • Use of women as human shields by insurgents and reaction thereat.

  49. DIFFICULTIES IN PROSECUTION • Language barrier • Unfamiliar neighbours • Ignorance and hesitation • Delayed identification parades

  50. SUGGESTIONS • Increased role of AWWA as an NGO. • Greater activation of family welfare centres. • Legal literacy. • Make formal investigations obligatory. • Transparent and prompt investigation.

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