HER WORLD | Sunday, February 1, 2004, Chandigarh, India |
Women in
custody need more safeguards Ties that
bind Global
vignette Restoring
faith in life |
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Women in custody need more safeguards Bhimamma, a sex worker in Sangli, was picked up by the police for a case involving her son. Although arrested at 11 am, she was kept waiting till sunset outside the police station. A woman police constable interrogated her about her son's whereabouts, of which Bhimamma had no clue. However, a male police constable was not satisfied with this. He drew out his broad white belt and beat her black and blue till her arm was broken. She was there till 11 pm and not even the presence of a woman police constable could help her.
Narrating this incident at a recent public meeting in Mumbai to discuss and protest against the recent ruling of the Supreme Court regarding the arrest of women, Meena Seshu of Sampada Grameen Mahila Sanstha (SANGRAM) says, "The moment you are arrested, you lose your identity as a woman." SANGRAM has worked with women sex workers in Sangli (Maharashtra) for over a decade. "If you are a sex worker or a lower caste person, the police don't bring an arrest warrant and politely tell you that you are being arrested. An arrest in a village is a dramatic event. The so-called accused are hustled and bundled into a jeep. Even when we had a ruling saying no women should be arrested after sunset, it was ignored. What will happen now that the provision has been taken away?" asks Seshu. On October 15, 2003, the Supreme Court overruled a judgement in the State of Maharashtra vs the Christian Community Welfare Council of India, and held that: "We think the object will be served if a direction is issued to the arresting authority that while arresting a female person, all efforts should be made to keep a lady constable present but in circumstances where the arresting officer is reasonably satisfied that such presence of a lady constable is not available or possible and/or the delay in arresting caused by securing the presence of a lady constable would impede the course of investigation, such arresting officer for reasons to be recorded either before the arrest or immediately after the arrest, be permitted to arrest a female person for lawful reasons at any time of the day or night, depending on the circumstances of the case even without the presence of a lady constable." Activists have questioned the slant of the order, "What is the meaning of ‘reasonably satisfied’? It is very subjective and open to interpretation," says Seshu. Incensed women's groups, civil rights activists and human rights groups are creating public awareness on this new judgement. They have launched signature campaigns demanding a review of the order - to the Supreme Court, the National Human Rights Commission and the National Commission for Women. Apurva, a labour lawyer and part of the Forum Against Oppression of Women, says that when she travels late to her home in a red light area of Mumbai, policemen follow her. "In the kind of legal system we have, the rights women enjoy are minimal. Earlier, I could tell the cops 'you cannot arrest me at night'. Even if on paper, it was my right. The Supreme Court has taken away that right. The order has implications on the larger issue of custodial violence," she points out. Let us go back to 1994. Why did the Nagpur bench of the Bombay High Court issue certain orders on August 26 that year, in a case involving custodial death after a public interest litigation was filed by the Christian Community Welfare Council of India? On the night of June 23, 1993, a little past midnight, 10 policemen went to the house of Jaoinous Adam Illamani, a railway khalasi (worker) in Nagpur city. They dragged him out, beat him up, stripped him naked and put him in the lockup. He died of his injuries the next morning. His wife, Jarina, her brother and cousin, and their two children were also illegally detained; Jarina was verbally abused, molested, beaten, and later threatened with death by the police. The events of that night shocked the "conscience of the court", which ruled that the state should ensure that no woman is arrested without the presence of a woman constable and in no case after sunset and before sunrise. Shakeel Ahmed from Nirbhay Bano Andolan - a Mumbai-based human rights group-says while the Supreme Court order allows for arrests of women in exceptional cases at any time of the day and without the presence of a woman constable, this could soon become the norm; the order could set a dangerous precedent. Rajni Iyer, advocate, thinks differently. "Even without this new order, women were being arrested without a woman constable. Now we can keep the court to its word. Let's ensure we hold the authorities to their order. An alternative demand can be made - if not woman police then someone who the woman is comfortable with can accompany her." Iyer adds that it is not only the law that has to safeguard women's rights, society also has to change its perception of women. However, Seshu thinks the ruling can create problems for women in general and sex workers in particular. "The loss of dignity begins when a police constable enters your house. He usually uses filthy language and if no woman police is present, there is no check on such behaviour. Further, there is always a physical search after the arrest. Can you imagine the problem if men conduct this search? Men often use sexual harassment as a tool to terrorise women. Besides, the policewomen accompany arrested women to the toilet, which are open. If there is no woman police present, it will be the men who accompany them." Seshu also posits another key point: "What is the harm in employing women? Hundreds of rural women are unemployed. What is the excuse not to have women police?" The other issue, says Seshu, is that the police raid brothels at night when they can blackmail clients into parting with huge sums of money. "For us it's a question of rights, not of protection. It's a question of our dignity, which is inviolate. At least, if women police are present, women will feel reassured against sexual harassment," she adds. According to Rebecca, the few cases of custodial rape reported every year hardly reflect the reality: many cases go unrecorded. The National Human Rights Commission annual report of 2000-2001 recorded 1,093 cases of custodial death reported in 1999-2000. Both men and women are vulnerable to violence in custody but women are decidedly more vulnerable to sexual harassment. It is the right of every woman to live in dignity and without fear of sexual assault. The Supreme Court judgement needs to be viewed in terms of ground realities, which are markedly different. Although the earlier High Court order was violated openly, activists specify that at least there was such a legal provision. And because the police rarely enjoy public trust, and often do not have any regard for fundamental rights, can the arresting authority be left to determine the 'exceptional circumstances' of arresting women at any time of the day and without the safeguard of a woman police constable? Definitely not!
WFS |
Global vignette Very
young children who live in homes where the television is on most of the time may have more trouble learning how to read than other kids their age, according to a study on media habits of children up to the age of six. The report by the Kaiser Family Foundation and Children's Digital Media Centres, based on a survey of parents, has also found that kids in the six months to six-year age group spend about two hours a day watching television, playing a video game or using a computer. That's roughly the same amount of time they spend playing outdoors and three times as long as they spend reading or being read to. The report, which was released recently, found that about one-third of the children aged six and below have TVs in their rooms and a similar proportion live in homes where a TV is on most or all the time. In those "heavy TV households," 34 per cent of children aged four to six can read, compared with 56 per cent in homes where the TV is on less often. "Watching TV is far inferior to playing with toys, being read to or playing with adults or talking with parents," says Dr Henry Shapiro, Chairman of Developmental and Behaviour Paediatrics at the American Academy of Paediatrics. "Watching TV without a parent is a junk experience, especially for young children." The report found that 27 per cent of four to six year-olds use a computer each day. Those who do, spend about an hour at the keyboard. Among kids in that age group, the report says that half have played video games and one-quarter play several times a week or more.
AP |
Restoring faith in life
Satpal
Kaur came from a fairly comfortable urban home in the city as a blushing bride to Maqboolpura, Amritsar, a locality with the notorious reputation of being drug infested. Despite her family’s misgivings, she set up home in Maqboolpura with her husband Ajit Singh, an educationist and social worker. She is, at present, the force behind the movement to rehabilitate orphans who became victims of drug abuse in the ill-famed locality. Her ramshackle house is now a free school for destitute children who have faced utter hell due to drug and alcohol abuse by their fathers. Satpal Kaur and her husband sit up till late every day, educating wards of drug addicts. They share their food, tea, even their home with these children. In the mornings, her house is converted into a school for young children where the older girls teach the juniors. In the evening, the older girls are taught by the husband-wife duo. Satpal is so involved with rehabilitation of these children that she invests her own salary in this school. She is a lecturer in the Senior Secondary School, Sultanwind. To ensure a better future for these children, she puts in selfless service which provides the much-needed healing touch. It is because of her that the Citizen Forum set up Vidya Mandir School in 1999. It was set up with the help of philanthropist Brij Bedi, president Citizen’s Forum. Starting with a batch of 20 children, the school has earned recognition for educating children from underprivileged backgrounds. After the breadwinners of about 150 families died or developed physical disability due to drug abuse, children and women had to struggle for survival. The school has been recently selected for the Brotherhood and Harmony Award 2003 by the Organisation of Understanding and Fraternity founded by business tycoon Sanjay Dalmia. The award will be presented in Delhi by the Dalai Lama. This award recognises Satpal Kaur’s noble service towards humanity. Many of the 375 children housed in three separate places, including Satpal’s house, have done their matriculation, while many others are on their way to graduation. Satpal remembers how she faced the difficulties in the early years of her married life. A buffalo was tied just outside the newly wed bride’s room. The absence of a sewerage system and the unbearable stink bothered her endlessly. But, Satpal says, she never regretted her decision to marry in the ill-reputed locality. “Perhaps this is my real calling”, she says. She faced everything from snide comments by relatives about her ‘unliveable conditions’, to regular bickering in a congested house. She did her masters in Punjabi after her marriage. Soon after, she started working as a teacher. “After we were financially independent, my husband and I decided to collect money for a new house. In meantime, we tried to gather those kids from the neighbourhood whose fathers had died due to drug addiction.” “Everyday, a new set of students appeared,” she laughs. “Some used to peep from the doorway and run away. Perhaps it was mere curiosity. Slowly we tried to convince their mothers and guardians to let the children come to us. During that time we spoke to the media about the pathetic conditions here. The article awakened people to the pathetic conditions in the locality. The school started with 20 children. The house we bought then after years of toil was to be our new home. We could have moved to a better home in the city as both of us were earning well as government school teachers, but we chose to stay here,” says Satpal, a devout Sikh. “German organisations, the Miri Piri Academy and top industrialists of city and country visit the school and are amazed at the etiquettes we have tried to inculcate in the students.” After a hard day’s work that includes cooking, household chores and teaching, Satpal Kaur take a breather by playing some basketball before commencing the evening classes. Satpal has two sons but says, “I have felt that I have found so many daughters as I have none of my own.” Her sons Harmanpreet and Amanpreet also pitch in to teach the children alongside the nine other student-teachers. |
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