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When the President of India agreed to act as the 'dentures' of the 'toothless' National Commission for Women

When the President of India agreed to act as the ‘denturesof the ‘toothless’ National Commission for Women

The Indian Penal Code has seen only three amendments with regard to crimes against women in the last 150 years. In contrast, new economic legislation in the shape of market rules and regulations comes up with unfailing regularity every two to three months.

Is it any wonder then that crimes against women are an everyday phenomenon in India, occurring with sickening frequency in all strata of society and in every corner of the country? The National Commission for Women, which is a statutory body, hardly makes a difference.

But the speaker at the last meeting, a former Chairperson of the Commission, believes otherwise and has shown how it can be done.

Dr. (Ms) Poornima Advani revealed while speaking on “Crime against women” that she had roped in Dr. A.P.J. Abdul Kalam, the then President of India, and made him act as the “dentures” of the “toothless” National Commission for Women (NCW).

The NCW was set up as a statutory body some time after 1981 when a separate Ministry for Woman and Child was created (as against the earlier Ministry of Social Justice). Its reports had to be tabled in Parliament but no one took them seriously.

It was then that she went to the President and requested his assistance. It was decided that whenever there was any serious problem, any policy decision or the need for an amendment in the provisions of the law, she would send him a report.

The President would forward this to the government and ask for an “action taken” report. This novel approach succeeded in waking up the administration. It had to furnish a reply to the First Citizen, which meant that it had to take some action in the first place. It could not give a “nil” report.

“We could resolve many cases with this method. Therefore, it largely depends on the dynamics of the in-stitution concerned. The National Human Rights Commission is headed by a retired Chief Justice of India; hence it is in a better position to call for reports.

“But mind you, the moment you call for a report… the administration is very clever in tampering with reports. But if a committee goes to the spot (of an incident)” then virtually everybody was galvanised and the truth invariably came out.

Dr. Advani was introduced by Programme Chairman Nanik Rupani as the only physiotherapist in India to acquire a doctorate in law (from Bombay University). A renowned expert in criminal and corporate law, she was a Rotarian when she lived in Bombay till some years ago.

Apart from narrating some of her experiences as NCW Chairperson, Dr. Advani also spoke of hope and a brighter morrow, adding that it would be possible only if women stepped forward and took matters in hand.

She started her talk by stating that “none of the statistics (about crimes against women) that are reported are worth even a pinch of salt”. In a vast country with multiple dimensions where 80% lived in rural areas, few people were able to file an FIR.

It was difficult to locate a police station that was not under the influence of local politicians and of money and muscle power. Filing a truthful FIR was even more difficult; further, unless an FIR was filed, the criminal law was not set in motion.

Some years ago, when she was addressing a meeting as NCW Chairperson, someone from the back of the hall asked whether she would care to visit a building opposite the Gamdevi (D.B. Marg) Police Station without her protocol and official entourage.

She took up the offer and reached the place at 5 pm the next day. Also present was the Chairperson of the Juvenile Commission, the Chairperson of the Maharashtra State Commission for Women, the NGO that had arranged the visit and a journalist from The Times of India.

At a stone’s throw from Gamdevi Police Station was a Parsi fire temple and behind it a pink building called “Jamuna Mansion”. The people who accompanied her quietly closed the collapsible gates of the building and placed locks on them.

“It was a four-storey building, with 16 rooms per floor. And at 5 in the evening on a working day we found 150 men with commercial sex workers, 80% of whom were children, students of the Eighth and Ninth Standards.

“Parents are busy, attending social and commercial calls and duties. But do they know where their children go?

“After leaving school, in the garb of going for tuitions, they reach ‘Jamuna Mansion’.”

Fortunately, there was no police officer in charge of the Gamdevi Police Station at that time because one man had just demitted office and his replacement had just taken charge. The four policemen on duty were soaked in tobacco and did not know what they were saying.

‘Mothers of India unite – you have nothing to lose but your dependence,’ says former NCW Chief

“They said to me, why are you bothering, Madam? We have photographs of all the girls. And out came two albums with photographs of each and every girl who was there at ‘Jamuna Mansion’, her height, weight… and every detail.”

Thus, right under their nose, and with complete police knowledge, exploitation of minors as commercial sex workers was taking place in south Bombay, practically unknown to everybody.

Next morning, The Times of India carried the news on its front page. It caught the eye of the Governor. It was a Sunday morning but he called a meeting of the DG, the Police Commissioner and the Home Minister (Mr. Chagan Bhujbal was the incumbent at that time). Dr. Advani was also called. The incensed Governor asked, “How have you licensed this?”

When she was asked her opinion, Dr. Advani said it would be better if all the men who had been caught in the building were made to spend one night in the police station so that parents learnt about their sons and wives about their husbands

Far from South Bombay, the speaker recalled, she had just reached Lucknow station and received the news – not reported by the newspapers – that a three-month-old baby had been raped in Lakhimpur-Kheri district.

Her team rushed to the village. The baby was in a pathetic state despite three operations. But no FIR had been filed because the man who had committed the crime was politically influential.

With the help of Mrs. Sushma Swaraj, the then Union Health Minister, Dr. Advani managed to get the PMO involved. The then Prime Minister, Mr. Atal Behari Vajpayee, took interest in the case and the follow-up. The baby was treated and taken care of for about four months.

“But the issue is that many of these crimes go unreported. We know of only the few that are covered in the papers and the electronic media. Thanks to the investigative journalism of the electronic media, there is huge pressure on the law-enforcement agencies to do something.

“However, the electronic media cannot substitute a law-enforcing agency. And once it stops being hot news, no one is bothered, unless it is the Nithari killings or a few other cases.”

Dr. Advani said another big problem concerned HIV and AIDS. Although very few HIV cases resulted in AIDS, knowledge of this fact was lacking and often led to tragic consequences. India had a National Aids Control Organisation (NACOR) and similar set-ups in the States (SACORs); but this institutional mechanism, instead of serving its purpose, sometimes went against the very interests of women.

On a visit to Andhra Pradesh, she was told that a girl had been burnt alive in Kuppam; she had been diagnosed with HIV and a SACOR representative had made a home visit.

But this visit was interpreted by the villagers to mean that the woman was “dangerous” and that she had to be avoided. She was given no food, nothing to eat, had nowhere to go and her brother and his wife put her outside the hut.

When she started feeling cold, they wrapped her in a gunny bag. Soon, she started smelling and the whole village started stinking. The upshot of all this was that the municipality was told to take her away. She was burnt alive.

This happened in the constituency of Mr. Chandrababu Naidu when he was the Chief Minister of Andhra Pradesh. But there was no report in the media because it concerned the CM’s district.

Such crimes against women were occurring throughout the length and breadth of the country. For example, there were bonded labourers in some rice fields in Tamil Nadu where the women were branded for four to five generations.

Some generations earlier, some one had taken a loan of Rs. 50 and been unable to repay it. The amount kept on multiplying and had grown to lakhs; the loan was “passed down” to four generations. No one was ever going to repay it. The women continued working (even two or three days after delivery) as bonded labourers and the owners of the rice mills kept a little diary listing the amount due and the names of the victims.

“Such things are happening every day in our country… what statistics can you and I ask for or look into?”

Dr. Advani then turned to what she called the “brighter” side.

Pointing out that women had grit and could change things on their own, she recalled visiting a woman who earned a living by dancing, in a dark, damp, god-forsaken village in Bihar.

A young girl emerged from an inner room to say, “Good evening, Ma’am”. She was shocked at this greeting. The girl told her that she was doing her B.A. (Hons.); her mother didn’t want her to wear dancing bells, so she earned and paid for her education. The girl was a student of Delhi University.

“So it’s not the law-enforcing agencies who will make a difference, it’s the mothers of this country who will make a difference. It’s the mothers of this country who will make a difference in every stream. There is no end to the examples that I can quote.”

When she visited a remote area near the Sariska wildlife sanctuary in Rajasthan, the women told her that they did not want a police station to be established in their village. They said if ever there was a problem, they would sit under a tree and would resolve it before the sun set.

“They said they had the capacity to resolve problems. Unfortunately, in cities we don’t have the capacity. We don’t have the courage to say that we don’t need a police station.”

Dr. Advani recalled that as an LL.M. student of Bombay University she and a friend went to Azad Maidan Police Station to see how it functioned. They told the police that they wanted to file an FIR on behalf of a friend who had been beaten for dowry.

The first question that was shot at them was, “Is she alive or dead?” The girls said that had she been dead they would have been at Chandanwadi crematorium and not trying to file an FIR.

But the police told them in a very matter-of-fact manner: “No, Madam, come to us if she dies… we have this book titled ‘Indian Penal Code’ and it’s written that if she dies then you can come here.”

It was this lack of sensitisation that had to be addressed by the country’s Planning Commission. It had to adopt a gender-sensitive budget, whether for the judiciary, the police or the administration. A lot of money was being spent but it was not flowing in the right direction and its beneficiaries were ignorant about what was due to them.

On another occasion, Dr. Advani said, she was at the government hospital in Agra when a woman on the verge of delivery reached there. The child was about to be born but there was no doctor. She was told to travel another 100 km. to reach a hospital to deliver. There were two journalists from Dainik Bhaskar who said they would not let her go and would see that she delivered at that hospital.

It was learnt later that the doctors appointed to that government hospital were illegally conducting private practice, leaving the job of performing deliveries to dais and ayahs who could not handle complicated cases.

Dr. Advani and the others followed the case and got the doctor suspended in order to send out a stern message to those not performing their duties. But for how long could such a message carry substance? Six to eight months? And what if the person concerned had political clout? He or she would not even be suspended in the first place.

Having described some of her experiences, the speaker then explained the setting up of the Ministry for Woman and Child and how she was able to turn the “toothless” National Commission for Women into one that made the administration work with the help of the then President of India, Dr. A.P.J. Abdul Kalam.

Finally, Dr. Advani narrated two incidents of sati, one each in Madhya Pradesh and Rajasthan. The first was an example of the callousness of the district administration, while the second showed what a woman who was aware of the law could achieve.

‘Parliament should devote 33% of its time to debate social issues

In Madhya Pradesh, the District Collector knew that a woman was going to commitsati but did nothing about it. On the contrary, he tried to give it a different colour and insisted that it was not a case of sati. However, a 12-yearold girl spilled the beans.

She said in Hindi: “My mother went to commit sati; she wore the red clothes that she had worn when she got married… the whole village went with her, chanting Sati mata ki jai ho!

In another incident in Rajasthan around the same time, an attempt at sati was stopped by a woman panchayat member who was also the chairperson of the district committee because she was aware of the law.

“I think it is very important that those of us who come in contact with the powers that be impress upon them the need to ensure that the beneficiaries know of the benefits and the institutional support that is available to them. If you as Rotarians can get involved in this movement, I’m sure that a lot can be achieved.

“It is not just 33% women being in Parliament that will resolve our problems. I think it is more important to have 33% of time of Parliamentary debate being devoted to these social issues – because women can’t be isolated from men – issues that envelope the length and breadth of our country.

“The Indian Penal Code has seen only three amendments regarding crimes against women from 1860 till date, whereas economic legislation… SEBI comes out with rules and regulations every two to three months... That’s the kind of importance that envelopes the mind of an average politician and does not permit him to think of areas that require thinking,” Dr. Advani added.

The first question was asked by Mudit Jain who wanted to know the fate of those who visited prostitutes as customers. Were they also convicted and sent to jail?

Dr. Advani said solicitation was prohibited by law hence it was the prostitutes who solicited who were put behind bars. But there was no law prohibiting customers; therefore prostitution was proliferating and had become one of the biggest businesses in the country.

Making a pitch for legalisation of prostitution, Dr. Shailesh Raina said the condition of some of the women whom he saw as a doctor was pathetic. In countries where prostitution was legalised, the rate of infection of HIV and other ailments had fallen and the women were better cared for because they paid taxes.

Dr. Advani said she did not believe in legalisation of prostitution; the debate was endless and had been going on for centuries.

She recalled her effort to cleanse Baina beach in Goa with the help of the then Chief Minister, Mr. Manohar Parrikar. They put a stop to the practice of men from the neighbouring states of Andhra Pradesh, Karnataka and Tamil Nadu leaving their wives in Goa for three to four months during the tourist “season” to work as prostitutes and to earn money.

In a red-light area in Banaras, there was a room with a red stole (chunari or dupatta) which was visited by several women to pray. On inquiring she was told that there was a girl who lived in that room, that a client had fallen in love with her and wanted to marry her. She said she would marry him but on condition that he would lead his baraat (marriage procession) to the red-light district and take her away.

“He did as she said and the girl’s room came to be worshipped because every woman wants the same future for herself, for her daughter – and that is to go with dignity. They are all



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