Women, Social

Movements and Change UNIT 14 AVENUES FOR LEGAL REMEDIES

Contents
14.0 Aims and Purpose
14.1 Introduction
14.2 Avenues for Redressal
14.2.1 The Court of Law
14.2.2 National Commission for Women
14.2.3 Legal Information and Legal Aid Cells
14.2.4 Crimes Against Women Cell
14.2.5 Family Courts
14.2.6 Sexual Harassment of Women at their Workplace
14.3 Women’s Organization
14.4 Role of Media
14.5 Concluding Remarks
14.6 Clarification of the Terms Used
14.7 Some Useful Readings

14.0 AIMS AND PURPOSE

Violence against women is only one from of manifestation of gender injustice in
our society. Patriarchal dominance in the form of gender injustice if reflected in
many other social, economic and political aspects of women’s life. One of the
foremost demands of the women’s mobilizations in India was legislative protection
and legislative reforms to fight against these gender injustices. The government
of India made available to women various avenues to seek justice. The present
unit deals with the legal avenues available to women for redressal against injustice.
This unit familiarizes you with:
• Various legal avenues available to women for redressal against injustice;
• Nature and functioning of the bodies such as the National Commission for
Women, Family Courts, Women’s Cell etc; and
• Social and economic factors, which create obstacles to seeking justice through
legal channels.

14.1 INTRODUCTION
The major site of violence against women is the family - where physical, sexual
and psychological violence is a threat for girls and women. The community is
another site of violence against women. It often buttresses the family. Furthermore
women could be discriminated on the basis of race, ethnic identity, class and
caste. Existing laws and the socio-economic measures have not been able to provide
relief to a large majority of women. Very often the laws are still based on outdated
sexual stereotypes and result in unfair and unequal treatment of women. The
central question that has emerged in the evolution of strategies to confront the
problem is whether the penal or criminal justice system is appropriate for the
management of violence against women. In some cases, the law was believed to
be inappropriate stressing reforms of legislation. In other cases, reports stressed
the need to create or enlarge facilities for victims; an approach that dominated
the measures taken.
Although access to justice is the primary need and right of every human being, in
the case of women this basic right is not easily available because of a variety of
factors in which they have no or little control. Foremost, one needs to be aware
of not only one’s rights and duties but also the procedures to protect them under
law. Also, one must be willing to assert these rights through the various avenues
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of legal remedy.
 State and Civil Soceity's
14.2 AVENUES FOR REDRESSAL Response to Women's
Movements
Let us take a look at the avenues available to women for legal redressal.

14.2.1 The Court of Law

The Constitution of India, which came into force on 26th January, 1950, operates as
the fundamental law in India. The principle of gender equality is firmly established
in our Constitution. It provides for equality before law and equal protection of
the law, prohibition of discrimination, and equality of opportunity in matter of
public employment. The Indian Constitution further provides for affirmative action
and for positive discrimination by empowering the State to make special provisions
for women. The Constitution also contains certain provisions, called Directive
Principles, which enjoins upon the State inter-alia to secure the right to adequate
means of livelihood, equal pay for equal work, ensuring the health of workers,
and seeing that citizens are not forced by economic necessity to enter vocations
unsuited to their age and strength. Further a duty is cast on every citizen of India
to renounce practices derogatory to the dignity of women

To uphold the Constitutional mandate, the State has enacted legislative measures
intended to ensure equal rights, to counter social discrimination, prevent various
forms of violence and to provide support services especially to working women.
Amendments to the legislative measures have been periodically carried out to
keep pace with emerging demands. While the Fundamental Rights enshrined in
the Constitution are justiciable, the Directive Principles of the Policy are considered
in general non-justiciable in terms of recourse to judicial remedies. The Supreme
Court of India however through its activist role has infused dynamism even into
the non-justiciable provisions and has issued directives to the State from time to
time to implement the Directive Principles. In a recent judgment the Supreme
Court made it clear that the State or any of its organs could not do anything that
violates these principles and some of the principles have already become law. The
Maternity Benefits Act and the reservations for women in institutions of local
governance are two relevant examples.

While the Supreme Court and the High Court and lower courts administer justice
in the country according to the various laws of the land, the Supreme Court of
India has over the years developed a strong tradition of Public Interest Litigation
(PIL). According to the Supreme Court’s explanation, this is a system whereby in
the event of the violation of rights of any person or persons by omission or
commission and such persons being unable to approach the court (by reason of
poverty, disability, social or economic disadvantage), any member of the public
can maintain an application for an appropriate direction, order or writ. This has
further enriched India’s elaborate legal edifice and contributed to the cause of
gender justice. Recent pronouncements of the Supreme Court on such matters as
the need for a Uniform Civil Code for all women irrespective of religion, the need
for equal property rights for women particularly in case of inheritance,
pronouncements on child labour, child prostitution, sexual harassment at place of
work, need for in-camera trial of rape cases, etc., are evidence of such an activist
role of the Court. The Supreme Court has also in a number of judgments struck
down some unequal provisions of certain personal laws by declaring them ultra
vires to the Constitution of India (For example 14 laws governing Christians in
Kerala were struck down).

Notwithstanding the enactment of laws relating to dowry, rape, violence against

women, harassment, and the factual position is rather distressing. Translating de
jure gender equality to de facto reality has been one of India’s major challenges
over the years. There is still unfortunately a wide gap between the goals enunciated
in the Constitution, legislation and policies and the current status of Indian women.
A large number of women have not been able to fully avail the benefits under the
Constitution and other legal provisions. There are several deterrents in the way
21
Women, Social of women seeking legal redress. Insufficiency of legal aid, procedural lacunae
Movements and Change and delays, lack of basic knowledge about the law and procedures and long drawn
out trials continue to hamper women’s access to legal redress. Much needs to be
done in the realm of the court’s outlook, attitude and perspective, all of which
have to change with the changing times in order to bring speedy justice to women
in a proper and dignified manner.
The recommendations of various workshops, seminars, conferences that are
held to sensitize people on the issues of crimes against women and suggest
measures to tackle the problem of growing crimes against them and to make the
laws more effective are a mere formality. Plans, which were drawn up, even at
the Government level, were not implemented for years. The Perspective Plan
for Women (1988-2000) is an example. It was only in 1992 that its chairperson
and the members were appointed. The Perspective Plan for Women is an effort
at a long-term overall policy for Indian women, guided by the Constitutional
principles and Directives relevant to the development process. The National
Plan aims at the economic development and integration of women into the
mainstream of the economy and equity and social justice for all women. These
are critical goals for the all-round development women not merely as producers
and providers, but also as individuals with a right to human dignity in a society
where culture, caste, class tend to discriminate against their gender.
Do You Know? 1
Government Interventions to Improve the Status of Women
The Haryana government introduced the “Ladli” scheme of financial
assistance for girls in August 2005. The scheme was introduced as one of the
measures to combat female foeticide and check the declining sex ratio in
the State. Under the “Ladli” scheme, parents having a second girl child are
given a financial assistance of Rs.5,000 per year up to five years of the birth
of the girl. The amount is invested in savings schemes and a matured amount
of nearly Rs.87,000 would be paid to the girl when she attains 18 years of
age. So far, 5,642 girls have benefited under the scheme since it was
introduced.
The government claims that, after the introduction of the scheme, the sex
ratio of 819 girls per 1,000 males in the 0-6 year age group has now improved
to 823 girls per 1,000 males, according to the statistics of 2005. Buoyed by
the success of the scheme, the state government has set a target of making
the benefits of the scheme reach 85,000 girls in the next five years.
Source: Asian Age, 31 July 2006

14.2.2 National Commission for Women

Based on recommendations of CSWI as well as suggestions in National Perspective
Plan for Women, the National Commission for Women (NCW) was established in
1992 under the 1990 National Commission for Women Act. The National Commission
for Women (NCW) is a statutory body; its aim was to check incidents of violence
against women and to promote social, legal and economic equality of women.
The commission has been given the powers of a Civil Court while investigating any
matter: it can summon any person and examine him under oath; it can demand
the production of any document and receive evidence on affidavit. Some of the
specific mandate includes:

• investigate and examine all matters relating to the safeguards provided for
women under the Constitution and other laws;
• present to the central government, annually and at such other times as the
Commission may deem fit, reports upon the working of those safeguards;
• make in such reports recommendations for the effective implementation of
those safeguards for improving the conditions of women by the Union or any
22 State;
• review, from time to time, the existing provisions of the Constitution and State and Civil Soceity's
other laws affecting women and recommend amendments thereto so as to Response to Women's
Movements
suggest remedial legislative measures to meet any lacunae, inadequacies or
shortcomings in such legislations;
• take up cases of violation of the provisions of the Constitution and of other
laws relating to women with the appropriate authorities;
• look into complaints and take suo moto notice of matters relating to :-
i) deprivation of women’s rights;
ii) non-implementation of laws enacted to provide protection to women
and also to achieve the objective of equality and development;
iii) non-compliance with policy decisions, guidelines or instructions aimed
at mitigating hardships and ensuring welfare and providing relief to
women, and take up the issues arising out of such matters with
appropriate authorities;
• call for special studies or investigations into specific problems or situations
arising out of discrimination and atrocities against women and identify the
constraints so as to recommend strategies for their removal.

NCW has a complaint cell, a counseling unit and a legal unit. Complaint cell is the
“Core” unit of the Commission and it processes the complaints received – oral,
written or suo moto – under Section 10 of the NCW Act. The complaints received
relate to domestic violence, harassment, dowry, torture, desertion, bigamy, rape,
refusal to register FIR, cruelty by husband, derivation, gender discrimination and
sexual harassment at workplace. Between July to December, 1999, the Commission
received the following complaints: - Dowry Death-232, Rape-93, Murder-69,
Harassment-591, Property disputes-132, Desertion-66, Kidnapping-36.This gives
the trend of crimes against women and suggests systemic changes needed for the
reduction in crimes. The complaints are tackled by weam as mentioned below:

• Investigations by the police are expedited and monitored;

• Disaggregated data are made available to various state authorities to facilitate
action;
• Family disputes are resolved or compromised through counseling.

The complaints are analyzed to understand the gaps in the routine functioning of
the government in tackling violence against women and to suggest correctional
measures. The complaints are also used as case studies for sensitization programmes
for the police, judiciary, prosecutors, forensic scientists, defense lawyers and
other administrative functionaries.

Parivarik Mahila Lok Adalat (PMLA)-An Alternative Justice Delivery System

The National Commission for Women has evolved an innovative concept of PMLA
for redressal and speedy disposal of cases under Legal Service Authority Act, 1987,
which has its roots in the traditional Nyaya Panchayats. The essential features of
PMLA are amicable mutual settlement and flexibility in functioning. The NGOs in
association with District Legal Aid and Advisory Boards, activists, advocates and
others, organize Parivarik Mahila Lok Adalats with the Commission’s financial
assistance. So far, 130 PLMAs have been held in which about 7500 cases were
taken up.

Do You Know? 2
Important Court Interventions
The National Commission for Women can and it has intervened in some
important court matters.

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Women, Social
Movements and Change Bhateri gang rape case (Rajasthan): The Commission suo moto took up the
case of M. Bhanwari Devi and extended its full support in going for appeal
and also providing security to the victim and appointment of a special public
prosecutor to argue her case.
Capital Punishment / Death Penalty (Ramshree’s case): Due to the timely
intervention of the National Commission for Women in the Supreme Court,
the order of the death sentence was temporarily stayed and the Hon’ble
Court, later on commuted the death sentence into life imprisonment.
Obscenity cases: The Hon’ble High Court of Delhi put an injection on the
launching of +21 adult channels by the Ministry of Information and
Broadcasting, Govt. of India. The NCW had moved the Hon’ble High Court of
Delhi against Star TV, Zee TV, etc. for showing obscene pictures on television
and other media.
Against outdated customs and traditions: Maimon Baskari’s Nuh (Haryana)
case: The NCW took up the case of Ms. Maimon Baskari who was allegedly a
victim of torture and rape for marrying a person of her choice. The Supreme
Court has united the couple.
Divorced Muslim Women’s Entitlement to Maintenance beyond the lddat
period: In the matter of Fakhruddin Mubarak Shaik Vs. Jaitunbi Mubarak
Shaik, the NCW has intervened in the Supreme Court of India to support the
stand of Jaitunbi. The case is pending.

14.2.3 Legal Information and Legal Aid Cells

A major obstacle to the implementation of women’s statutory rights is the lack of
legal awareness and resources. Indeed, women are often unaware of their legal
rights. Even where they do know about their rights, they often lack the resources
necessary to bring claims (which involve paying lawyers and court fees).

There is a need to secure equal access to legal services regardless of financial

capacity or gender for the attainment of an egalitasion society. Several analyses
and reports of the Law Commission make this clear. The importance of legal literacy
has also been emphasized in the evaluation of the Total Literacy Campaign taken
up by an expert group. The Committee on the status of women in India had referred
to the need to educate women regarding legal rights and duties.

Legal aid was started in 1970 and a Commission for implementing legal aid services
was set up in 1979 along with legal aid structures at the State and District level all
over the country. The Legal Services Authorities Act, 1987, created structures for
aid to specific categories entitled to free legal aid, including women. The
Committee for implementing Legal Aid Schemes and the State Legal Boards has
been providing legal aid to citizens belonging to certain prescribed levels of income.

Legal Aid cells are another positive development. It can go a long way in making
women aware of their rights and competent enough to fight for their rights. The
Delhi Legal Aid Cell has branches in Patiala House, Tees Hazari Courts, the High
Court and the Supreme Court. They provide women with lawyers to fight their
cases and give legal aid to those who seek assistance either directly or through
the PIL. Many NGOs now have setup Legal Aid Cells which provide legal assistance
especially to women. The issues, which they handle, may range from matrimonial
disputes to physical assault like rape, etc. These cells have professional counsellors
and lawyers handling the issues. Many of them have networking with various legal
advisors and lawyers and provide referral services. The type of legal aid provided
ranges from custody of children to maintenance allowance to restitution of conjugal
rights, as well as criminal cases involving rape, violence, etc. Many of them provide
these services free of charge.

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 State and Civil Soceity's
Think It Over 1 Response to Women's
Do you think there are enough avenues available for legal remedies for Movements
women? What factors prevent them from using the existing avenues for
seeking justice?

14.2.4 Crimes Against Women Cell

Crimes Against Women Cells are special cells set up by the police force which
takes up cases related to violence against women, including matrimonial disputes.
It replaced Anti-Dowry Cell created in 1983 as an experiment to give relief to the
growing number of battered, abandoned and terror-stricken wives. Though no
specific guidelines were framed for this special cell, a full cadre was created for
the Cell. These cells attempt to help resolve disputes between the couple or
settle the matter through mutual consent, and thus prevent the woman from
having to go through lengthy legal procedures. The Crimes against Women cells
also network with agencies working with women (both government and private)
and legal aid cells, and often refer the women who come to them to these
organizations for counselling, temporary accommodation and legal aid. There are
ten Crimes against Women cells all over Delhi i.e., one in each district police
station.

Mahila thanas or “all-women” police stations were established in some states to

encourage women to bring their complaints to police by staffing them with women
police officers.

14.2.5 Family Courts

Family courts are specialized courts, which were established with the objective
of maintaining the welfare of the family by utilizing a multi-disciplinary approach
to resolve family problems within the framework of the law. These courts aim at
securing the legal rights of individuals on one the hand, and undertake the role of
a guide; helper and the counselor on the other, to enable families to cope with
their problems and establish family harmony. It followed the principle of dignity
of the individual and equality of status of both the sexes. The basic premise of
family courts emerged from the conviction that family being a social institution,
disputes connected with family breakdown, divorce, maintenance, custody of
children, etc., need to be viewed from social rather than legal perspective.
The Family Courts Act was passed in 1984. It provided for the establishment of
family courts with the view to providing conciliation in and secure speedy
settlement of disputes relating to marriage and family. The main emphasis of the
Act is on conciliation of family disputes. The success of the family court, therefore,
depends upon the type of personnel namely judicial and non-judicial associated
with such courts.
Since family courts intend to reduce and simplify legal formalities, the courts are
expected to follow a multidisciplinary approach to ensure a fair trial and
expeditious disposal of cases at low cost. In order to make the proceedings simple,
family courts are empowered to lay down their own procedures for settlement by
way of rules in consultation with the High Courts. Though the Act is novel in terms
of its perspective as well as the envisaged implementation, its successful
implementation seems to depend on a variety of comprehensive services including
counselling, conciliation, legal infrastructure and the operational mode of such
supportive services.
Though it is obligatory for the State Governments to establish family courts in
cities with over a million populations in consultation with the High Court, only a
few states have established family courts.
Lok Adalat or People’s Court are doing their bit to take off the load from the
regular courts. Lok Adalat (people’s court) is established by the government, which
settles disputes through conciliation and compromise. The First Lok Adalat was
held in Chennai in 1986. Lok Adalat accepts the cases which could be settled by 25
Women, Social conciliation and compromise and pending in the regular courts within their
Movements and Change jurisdiction. They dispense speedy and affordable justice. The Lok Adalat is presided
over by a sitting or retired judicial officer as the chairman, with two other members,
usually a lawyer and a social worker. The main condition of the Lok Adalat is that
both parties to the dispute should agree for a settlement. The decision of the Lok
Adalat is binding on the parties to the dispute and its order is capable of execution
through legal process. No appeal lies against the order of the Lok Adalat.
Think It Over 2
What are Family Courts? Explain the nature, trial, and disposition of the
cases in such courts.

14.2.6 Sexual Harassment of Women at their Workplace

Sexual harassment at the workplaces, as an antithesis to the basic human and
fundamental rights, not only violates the sense of dignity of a women, but also
vitiates the whole work environment and inter-personal relationships, resulting
in low level of efficiency and productivity.

Before 1957 women experiencing sexual harassment at workplace had to lodge a

complaint under the Indian Penal Code Section 354 that deals with “criminal
assault of women to outrage women’s modesty” and under Section 359 that
punishes an individual or individuals for using word, gesture or act intended to
insult the modesty of a woman. These sections leave the interpretation of outraging
of women’s modesty to the discretion of the police officer. The Supreme Court,
in its Judgement in 1997, in the matter of Vishakha Vs. State of Rajasthan laid
down guidelines and norms to prevent sexual harassment of women at workplace.
The court stated that these guidelines are to be followed until the legislation is
passed on this issue. As a follow-up of this judgement, the NCW formulated a
Code of Conduct for workplace, putting down the Supreme Court guidelines in a
simple manner.

Do You Know? 3
The Working Women (Prevention of Sexual Harassment at Workplaces)
Bill
On being enacted as a legislation, Working Women (Prevention of Sexual
Harassment at Workplaces) Bill is aimed to provide for the prevention of
sexual harassment or exploitation of working women at their workplaces by
their employers, superiors, colleagues or by anyone who is directly or
indirectly connected with such workplace through deterrent punishment and
for matters connected therewith or incidental thereto.
Some of the definitions in the Bill are:
Sexual Exploitation or Harassment: This includes any unwanted or
unwarranted gesture or verbal sexual advances, sexually explicit and
derogatory statements or remarks, avoidable and unwarranted physical
contacts, willfully touching or patting, suggestive sexual remarks, sexually
slanted and obscene jokes, vulgar comments about physical appearance,
indecent invitations, use of pornographic material, demand for sexual favours,
demanding sexual favour by making telephone calls or sending SMS, threats
of physical assault or molestation on refusal by the women workers by their
male superiors, colleagues or anyone who for the time being is in a position
to sexually exploit or harass the working women at any workplace
Working women: Working women means any woman who is employed,
whether directly or through any agency, for wages or for similar other
considerations at any workplace.
Workplace: This includes a factory, mine, plantation, agricultural field,
livestock rearing site including poultry, hospital or nursing home, shop or

26
 State and Civil Soceity's
business establishment, brick kiln, construction site, banking or financial Response to Women's
institutions including cooperative ones, Government or semi-Government Movements
establishments or departments including post offices and
telecommunication, private office or service provider, cyber cafes and
call centres, mobile phone companies, schools, colleges, universities and
like institutions and such establishments wherein persons are employed
for the exhibition of equestrian, acrobatic and other performances, airlines,
film industry and any such other place where a woman is employed for any
work whatsoever.

Every employer is required to provide for effective complaints procedures and

remedies including awarding of compensation to women victims. In sexual
harassment complaints, the concerned organizations are urged to expedite cases
and the disposal is monitored. For serious crimes, the Commission constitutes an
Inquiry Committee, which makes spot enquiries, examines various witnesses,
collects evidence and submits the report with recommendations. The
implementation of the report is monitored by the NCW. This Code of Conduct was
widely circulated to all the State Commissions for Women, the NGOs, the apex
bodies of the Corporate sector, media, all ministries and Government Departments,
so that it percolates down to the lowest functionaries and is complied with by one
and all.

Pursuant to the Supreme Court judgement, the government of India requested

the National Commission for Women to draft the Bill on sexual harassment at
workplace. In 2003, the National Commission for Women drafted the Sexual
Harassment (Prevention and Redress) Bill. The Bill provides for prevention and
redressal of cases of sexual harassment of women in their workplace. At present
the Bill is before the Parliament of India waiting to be enacted.

Do You Know? 4
NCW’s Reminder to set Up Sexual Harassment Panel
The National Commission for Women has sent a reminder to the army top
brass about the Supreme Court order that enjoins upon all government and
non-government workplaces to have committees to deal with cases of sexual
harassment. The reminder was sent when the wife of any army officer
approached the Commission with allegations of harassment against her
husband. The NCW letter says “had the committee been set up, the complaint
could have easily approached it before coming to the NCW”.
As another junior woman officer has come forward to level charges of sexual
harassment by two of two of her male superiors, the Commission says it is
high time the armed forces followed the guidelines given by the Supreme
Court in the Vishakha judgement to resolve such cases.
Source: Rashtra Sahara, June 2006

14.3 WOMEN’S ORGANIZATION

Several women’s organizations are working for the upliftment of women’s status
in our country. In the earlier years of their existence these organizations responded
to the atrocities on women, especially in marriage, by organizing protest
demonstrations against the families where the crimes took place as well as against
the inefficient Government machinery including the police. Gradually these
organizations began to feel that it was useless to protest after the women has
died or been battered so they should try to extend help beforehand. Beginning in
the early 1980s, women’s groups tried to meet the challenge by setting up legal
aid, counseling centers and support groups for women in distress. It was hoped
that timely support and help would encourage women to resist ill treatment.
27
Women, Social Women’s organizations have dealt with issues such as rape, prostitution, dowry
Movements and Change etc. They have been given a crucial role in legal aid schemes concerning welfare
and emancipation of women. Specialized services in rape, dowry, incest, child
labour, domestic violence that require services of skilled professionals are being
provided by them. Various women’s groups including Mahila Samakhya in Himachal,
Uttaranchal Garhwal and Pithoragarh have waged a war against the liquor trade
and alcohol abuse. The All India Democratic Women’s Association (AIDWA) appealed
to women legislators to strive to bring in legislation to curb the alarming rise in
atrocities against women, domestic violence and sexual harassment at workplace.
The Joint Action Front for Women, a conglomeration of women’s groups, demanded
a budgetary increase for education targeting women and girl children, the passage
of Domestic Violence (Prevention) Bill and implementation of a national policy
for women for which a monitoring committee was recommended. The rising
violence against women in the North East India led the North East Network, Shillong
to issue a signed petition to aspiring politicians and parties during February 2003
to recognize violence against women as an urgent problem for redressal in the
state (Choudhury 2004).

Learn From Your Experience 1

Find out about some NGOs who are actively involved in securing justice to
women. Learn about some specific cases and the manner in which they
extended help to them. Exchange your notes with the classmates.

14.4 ROLE OF MEDIA

The media reflects events taking place in society and provides a platform for
dialogue and debate on issues which generate social changes. Investigative
journalism, exposure of crimes through radio, TV has gone a long way in shaking
up the enforcement agencies into action and inspired further efforts towards
effective implementation of the laws meant to ameliorate the condition of women.
The media have also played a role in educating the masses about their legal
rights. However much needs to be done. There is no doubt that the media have
brought some cases in sharp focus and have been able to sensitize public opinion
against gender injustice (eg. Case of Jessica Lall murder)

Do You Know? 5
Media’s Role in the Retrial of Jessica Lall case
Jessica Lall was a model in New Delhi who was working as a celebrity barmaid
at a socialite party when she was shot dead on April 29, 1999. Dozens of
witnesses pointed to Siddharth Vashisht alias Manu Sharma, the son of Vinod
Sharma, a minister in Haryana, as the murderer. Due to inadequacies in the
investigation and an overall shoddy prosecution, Manu Sharma and a number
of others were all acquitted by Judge S. L. Bhayana on February 21, 2006.
Under immense public opinion against the judgement, the Delhi Police
appealed against the acquittal at Delhi’s High Court. The media played a
very crucial role making the authorities order a retrail of this case. The TV
channels and the newspapers took up the case once the accused were
acquitted and were instrumental in building up public opinion against the
judgement, which ultimately made the Delhi police to go for appeal.

The role of the media is crucial in the issue of violence against women, both in
terms of how the media cover the issue, and how the media may be used as a tool
to help activists and governments raise awareness and implement programs. On
this issue the media should also project the means to combat violence.

News coverage of violence against women has often been sensational, exploitative,
and lacking in a serious analysis of the prevalence of such violence. The media
28 also has a duty to report accurately on acts of violence against women. Although
some in the media are to be commended for their ongoing efforts to reflect State and Civil Soceity's
sensitive, diverse, and egalitarian images, others in the media still incorporate Response to Women's
Movements
images that convey destructive messages. Still the woman’s body is used as an
object to sell products. The media needs to highlight injustices meted out to
women by the male dominated society. The media’s growing role in highlighting
violence against women has stressed the need for creating awareness among the
victim women about their rights, so that they could protect themselves. The
persons working in the media should be made conscious and sensitive about gender
issues and women’s human rights.

By increasing access to confidential sources and information about sexual assault,

dating and domestic violence, and stalking and by improving law enforcement
communication between jurisdictions, the media are critical for ending violence
against women and girls. As with most positive technological developments,
potential negative impacts are inherent and should be addressed. So, the media
should develop story lines, images, characters, programs, and products that
promote healthy attitudes towards women, masculinity, relationships, and
sexuality. The media should provide fair and full coverage of women in politics,
sports, business, health, and education.

Think It over 3
Do you think the media plays a significant role in highlighting the violence
perpetrated against women? Is it a mere glamorization of such issues or a
serious concern? Cite examples either way.

14.5 CONCLUDING REMARKS

In India the evolution, modification, renewal and growth of institutional structures
for women have come about as responses to emerging perspective on women’s
issues through close interaction with the women’s movement. As development
planning for women has straddled principles spanning, welfare, development,
equity, efficiency and empowerment, so has the institutional structure for
women. While in the past, women were perceived as persons in need of ‘welfare
doles’, today “women’s empowerment” which regards women as active agents
participating in and guiding their own development is widely accepted.

With the shift in the whole perception of women as partners in the process of
development, decision makers and administrators are taking initiatives to provide
for various grievance redressal forums. Mental, physical or psychological torture
of women both in the private sphere of family and the public sphere of society
began to be considered as the violence against women and effective measures
were embarked upon to quell such violence using institutionally supported legal
and other measures.

The present unit discusses such legal remedies available for women to get
protection as well as to fight against violence inflicted upon them in different
spheres of life. The legal channels available include the court of law and other
statutory bodies that function to safeguard the interests of women. It is also
discussed in the unit how special Crimes Against Women cells; family court and
women’s organization extend a helping hand to women in their fight against
violence.

Judicial activism by the Supreme Court of India through public interest litigation
and occasional efforts by India’s free media have also emerged as major instruments
for bringing about changes in societal attitudes and in their fight against injustice.
Recently a number of media advocacy groups have come up largely in the non-
governmental sphere to guard against negative portrayal and promote positive
portrayal of women and girl children, particularly in the electronic media. The
unit also deals with these aspects.
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Women, Social
Movements and Change 14.6 CLARIFICATION OF THE TERMS USED
De facto and De jure : De facto means ‘in fact’ or ‘a matter of fact’ and de
jure means ‘based on law’ or something that exists by
operation of law. At times what practically exists de
facto may be just opposite of what has prescribed de
jure. For example the practice of dowry giving at the
time of marriage actually exists in the society, although
it is banned legally.
Social Justice : It is the societal condition in which all members of
the society have the same basic rights, security,
opportunities, obligations and social benefits.
Bigamy : Having two spouses at the same time. According to
Hindu Marriage Act bigamy is illegitimate.
Code of Conduct : It is a set of principles and expectations that are
considered binding on any person who is a member of
a particular group.

14.7 SOME USEFUL READINGS

Shobha, Saxena 1995. Crimes Against Women and Protective Laws. Deep & Deep
Publications: New Delhi

Bhandari, Sunanda 1987. “Crimes Against Women”. In B. K. Pal (ed) Problems and
Concerns of Indian Women.ABC: New Delhi

National Perspective Plan for Women (1988-2000). Report of the core group
strategy Department of Women and Child Development. Ministry of HRD, Govt.
of India: New Delhi

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