Thursday, May 30, 2013

Panel seeks scheme reports




- Manipur chief secretary asked to reply within four weeks
OUR SPECIAL CORRESPONDENT
Imphal, May 30: The National Human Rights Commission has asked Manipur chief secretary D.S. Poonia to submit reports regarding the progress achieved in implementing the midday meal and integrated child development services (ICDS) scheme in the state.
The chief secretary has been given four weeks to respond.
In a release issued today, the commission asked the chief secretary to also institute a high-level probe into the implementation of mid-day meal scheme in schools.
The reports are being sought after Imphal-based NGO, Wide Angle Social Development Organisation, filed two separate petitions to the commission — alleging that there were irregularities and misappropriation of funds while implementing the schemes.
The NGO lodged the complaints separately earlier this month.Yesterday, the commission informed the NGO’s secretary, Montu Ahanthem, that it had sent the letters to the chief secretary seeking the reports.
The NGO alleged that the state’s social welfare department misappropriated Rs 50 crore meant for implementation of the ICDS scheme.
According to the complaints, most of the state’s 9,883 Anganwadi centres had only two workers per centre — one Anganwadi worker and one helper. A recent survey by the Manipur Alliance for Child Rights revealed that the centres were not functioning properly.
It was alleged that the workers and helpers had not been paid since August last year despite the ministry of women and child development releasing the funds. The remuneration for the worker is Rs 3,000 while the helper gets Rs 1,500 each per month.
“We organised a public rally in November last year and demanded a white paper on the implementation of the ICDS. But the government failed to respond and this compelled us to approach the National Human Rights Commission,” Montu said.
Regarding the mid-day meal scheme for government schools, the petitions said the quantity of rice distributed to schools was less than the actual allocation.
“On many occasions our volunteers and workers have come across incidents of siphoning of rice meant for children under the mid-day meal scheme. This is later sold in the black market,” one petition said.
Ahanthem welcomed the steps taken by the national commission.
From July 17, the commission will hold a three-day hearing in Imphal where both the issues of ICDS and midday meal schemes will also be heard, Ahanthem said.

Team NHRC to arrive in State

Hueiyen News Service/Imphal, May 30: A delegation of National Human Rights Commission (NHRC) would be arriving here by July first week to inspect implementation of Integrated Child Development Scheme (ICDS) and Mid Day Meal schemes, which are being taken up under the Central Government, in Manipur.
Meanwhile, following complaints submitted by Wide Angle Development Organisation, NHRC has sought explanations from the Chief Secretary of Manipur for the alleged failure of ICDS and Mid Day Meal schemes in the State.
Addressing media persons in this regard at Manipur Pres Club here today, Montu Ahanthem, Secretary of Wide Angle Development Organisation stated that a survey was conducted jointly by Wide Angle and Child Rights and You (CRY) under the initiative of European Union. In the survey, it was found that implementation of ICDS and Mid Day Meal schemes being taken up as flagship programmes of Government of India, is a total failure in Manipur with none of the school students and children benefitted from both the schemes.

Based on the report collected during the survey, Wide Angle and CRY submitted a complaint to Anil Kumar Parishad, a member of NHRC during his visit to the State recently. As a consequence of the written complaint, NHRC has sought explanations from the Chief Secretary of Manipur over the failure of both the schemes in the State. The explanation would have to provide within four weeks’ time from May 29.

NHRC asks Manipur for report

Sobhapati Samom
 IMPHAL, May 30 – The National Human Rights Commission (NHRC) has issued a notice to Manipur Chief Secretary seeking a
 report on a complaint on the alleged irregularities in mid-day meal supply to Manipur Government- run schools.
This was informed by Montu Ahanthem, Secretary of Wide Angle Social DevelopmentOrganisation, an NGO working on child rights in the State during a press conference at Manipur Press Club here this afternoon.
The NHRC has given the directions after taking cognisance of a complaint filed by the NGO. The complaint has been made by the NGO after a study was conducted with the support of European Union.
The NGO found that there were lots of reports from various circles that the quality of rice allocated for the children under Mid day meal schemes is never at par with the actual allocation for each and every government schools that is 50 kg packages were found to contain only 30-40 kgs. “On many occasions, our volunteers and workers have come across siphoning of rice meant for children under the mid day meal scheme and is sold in the black market with the connivance of school authorities and the other agencies which amounted to the violation of rights to life and right to food of children in Manipur”, he added in a press release.
NHRC also issued a notice to the State Government over alleged misuse of funds in the Integrated Child Development Scheme in the State. The NGO had alleged that most of the Anganwadi centres are non-functional and poorly equipped in the State. The Anganwadi workers were also not paid their due salaries, sources alleged.

Manipur: NHRC notice on poor anganwadi centres

NEW DELHI, MAY 29:  
National Human Rights Commission on Wednesday issued a notice to Manipur Government over alleged misuse of funds in the Integrated Child Development Scheme in the state.
The rights panel has given six weeks’ time to the state government to submit a report in this regard.
According to an NHRC statement, the commission has issued a notice to the Chief Secretary of Manipur after receiving a complaint from an NGO ‘Wide Angle Social Development Organisation’ based in Manipur which alleged that most ’anganwadis’ (child and mother care) centres are non-functional and poorly equipped in the state.
“Reportedly, the employees have not been paid their dues last year inspite of the Ministry of Women and Child Development having released the funds,” the NHRC statement said.

NHRC issues notice to Manipur government seeks ICDS report

GUWAHATI: National Human Rights Commission has issued notice to the Chief Secretary, Manipur calling for a report into allegations that the Integrated Child Development Scheme, ICDS is not being implemented in the State properly amid misappropriation of funds. 

The 
state government has been given four weeks time to respond. Allegedly, most of the Anganwadi Centres are non-functional and poorly equipped in the State. 

According to 
NHRC despite the Ministry of Women and Child Development having released the funds, the employees have not been paid their dues since August, 2012. 

The Commission has given these directions after taking cognizance of a complaint filed by an NGO 'Wide Angle Social Development Organization' based in Manipur.


Saturday, May 25, 2013

Free and compulsory but what about quality education?

By Keisam Pradipkumar
In Manipur, a stocktaking on implementation of Right to Education will indubitably bump up against more letdowns than relative success stories. The two crucial nitty-gritty of “The Right of Children to Free and Compulsory Education Act, 2009” (RTE) i.e.– the true spirit of “Free Education” and the state’s obligation upon ensuring “Compulsory elementary education” to every child in the age group of 6-14 years, is virtually not implemented even in the government schools, let alone the private schools. The dichotomy of “Quality Education” and “Free and Compulsory to Education” remains rather in a disharmonious way. Like various free gift items offered in the market are usually of less quality, the qualitative contents and outputs of free education are also unquestionably questionable. Many government schools continue to collect money from the students under one or another pretext. In hill districts government schools collects money for “Glory Festivals”, while valley based government schools largely collect games and sports fees, some schools still charge tuition fees, if not admission fees. Parents and guardians of some state run model schools, used to subscribe money to help the school management. They called it Donation not Fees, as to get away from the stricture of RTE. Such misdeeds flouting the RTE provisions are being covered up as money receipts are not deliberately issued to the students, so- that no evidence of violation of RTE’s mandate is traceable.

Everyone is aware that the slight increase in the enrolment rate in government schools in recent times does not necessarily mean that government schools start imparting quality education resulting to migration of students from private schools. Because, only the poor and disadvantaged section of the society are migrating from private schools to government schools mainly to get free education facilities, such as free uniform, mid day meal, free text books etc. Government schools could not catch the attention of middle class families till now. If free education is not available in government schools, even the lower class families will not be attracted at all. The State authority has failed to strengthen and confer the rights and responsibilities of existing School Management and Development Committees (SMDCs). Most of the SMDCs are formed for formality sake. If these SMDCs are not able to protect their own rights, then how could they protect their children’s right to education, for which they need to exercise their authority enshrined in RTE Act, over monitoring, planning and implementation. It is high time to ensure a meaningful community ownership in school management through a sustained intervention of genuine and capable SMDCs. Parents and guardians in SMDCs should envision children’s right to equitable quality education within the purview of free and compulsory education. Because, a cheaper or free education sans quality is not the goal.

However, it is shattering to learn that subletting of teachers is undertaken with the benefaction of some village authorities, headmen and local authorities, who knowing or unknowingly, pledge to legitimize the unlawful practice. Making the fraudulent act a socially acceptable tradition, some influential people try to justify it by saying that subletting of government appointed teachers is good, as it provides employment to educated unemployed local youths. In fact, it is a serious crime against the state and society as a whole. If person appointed does not intentionally perform his official duties, he should be penalised and removed from the post and an alternative arrangement should be made officially to fill-up the vacancy. If doctors, engineers or army officers cannot be substituted by any Tom, Dick and Harry, there should not be any exception for the Teachers too. Profession of teacher is not for sale or subletting. In private sector, private minority schools even try to ignore RTE stricture on screening process in admission, and face strong resistance from Child Rights organisations. Private institutions are not fully ready to follow provisions of RTE, and not a single private school has not implemented 25 % reservation for children belonging to socially disadvantaged groups and weaker sections.

There are still various barriers in the education system in India even after the enactment of RTE Act. Primary barrier is on socio- economic basis. The Central Schools, JNVs and Sainik Schools, which are India’s pace setter schools, enjoying special relaxation on RTE’s strictures, fail to reach out to the poor and disadvantaged students. Infrastructure and arrangement to ensure “Barrier - free excess” for children with special needs in schools remain a dream yet to be realised.The object and reason of RTE is primarily to bring a just and humane society, it is to strengthen the social fabric of democracy through provision of equal opportunities to all, and it is to guarantee that every child has a right to be provided full time elementary education of satisfactory and equitable quality in a
formal school which satisfies certain norms and standards. Therefore, the vision of imparting “Equitable Quality” cannot be neglected, but must be a driving force for free and compulsory education mission. Then, what does the Quality Education stand for? Simply, an inclusive quality education must provide vital things such as life skill, livelihood skill, moral education etc. apart from conventional scholastic education. A progressive society needs responsible and creative minds who could dedicate their life for the betterment of the society and humanity. Selfishness, corrupted, irresponsibility, unethical, dehumanisation and demoralization are visible syndromes of a seriously diseased society. The tragedy is that our society, which is terminally ill, has exposed all these syndromes.

Are we getting quality education from the highly prestigious schools? If we could truly get quality education from the highly paid private schools or government run special schools, we must have had a clean administration, justice and good governance in return. Because, many people in executive, legislature and judiciary including doctors and engineers had received so called quality education from these prestigious institutions which produce outstanding students and toppers. In fact, an ideal and visionary teacher could evoke and inspire his students’ mind and spirit and his ultimate teachings have a life -long effect. Such inspired and empowered students, in their future life would be enlightened ones, they could not be easily misled by the negative environmental factors and selfish motives, but could still take the best ever decision in any critical circumstance without losing rationality and
ethical values. The real need of the hour in our society is such enlightened personalities not the mere self acclaimed educated and high sounding degree holder individuals. Our society makes an uproar over the impoliteness and notoriety of some police commandos who committed extra judicial executions, involved in drug trafficking. However, they are energetic youths of the society. Similarly people are also fed up with various unjustifiable violent activities of non state actors thereby distancing themselves from genuine revolutionary identity. They are also energetic youths of the society. Both category of youths who are in state and non state actors, received similar quality of education and groomed in similar social environs. Besides, we do experience uncontainable corruption in public offices, and malpractices in all walks of life. There would be varied reasons for all these social evils and crimes, however, a primary factor would be the failure to impart proper and holistic quality education to our past generations for which we are now bearing the utmost brunt. Our education system failed to evoke their mind and spirit, they are neither inspired nor enlightened, rather they had be trained to be anti social, corrupted, self centred, chicken hearted, wicked and inhuman. Then, before striving for any kind of social reformation and revolution, we must all set to change the education as a whole, from policy, system, structures to individual’s mindsets to ensure truly equitable, inclusive and meaningful quality education to our young generation.

(Keisham Pradipkumar is a Child rights activist)

Free and compulsory but what about quality education?

By Keisam Pradipkumar
In Manipur, a stocktaking on implementation of Right to Education will indubitably bump up against more letdowns than relative success stories. The two crucial nitty-gritty of “The Right of Children to Free and Compulsory Education Act, 2009” (RTE) i.e.– the true spirit of “Free Education” and the state’s obligation upon ensuring “Compulsory elementary education” to every child in the age group of 6-14 years, is virtually not implemented even in the government schools, let alone the private schools. The dichotomy of “Quality Education” and “Free and Compulsory to Education” remains rather in a disharmonious way. Like various free gift items offered in the market are usually of less quality, the qualitative contents and outputs of free education are also unquestionably questionable. Many government schools continue to collect money from the students under one or another pretext. In hill districts government schools collects money for “Glory Festivals”, while valley based government schools largely collect games and sports fees, some schools still charge tuition fees, if not admission fees. Parents and guardians of some state run model schools, used to subscribe money to help the school management. They called it Donation not Fees, as to get away from the stricture of RTE. Such misdeeds flouting the RTE provisions are being covered up as money receipts are not deliberately issued to the students, so- that no evidence of violation of RTE’s mandate is traceable.

Everyone is aware that the slight increase in the enrolment rate in government schools in recent times does not necessarily mean that government schools start imparting quality education resulting to migration of students from private schools. Because, only the poor and disadvantaged section of the society are migrating from private schools to government schools mainly to get free education facilities, such as free uniform, mid day meal, free text books etc. Government schools could not catch the attention of middle class families till now. If free education is not available in government schools, even the lower class families will not be attracted at all. The State authority has failed to strengthen and confer the rights and responsibilities of existing School Management and Development Committees (SMDCs). Most of the SMDCs are formed for formality sake. If these SMDCs are not able to protect their own rights, then how could they protect their children’s right to education, for which they need to exercise their authority enshrined in RTE Act, over monitoring, planning and implementation. It is high time to ensure a meaningful community ownership in school management through a sustained intervention of genuine and capable SMDCs. Parents and guardians in SMDCs should envision children’s right to equitable quality education within the purview of free and compulsory education. Because, a cheaper or free education sans quality is not the goal.

However, it is shattering to learn that subletting of teachers is undertaken with the benefaction of some village authorities, headmen and local authorities, who knowing or unknowingly, pledge to legitimize the unlawful practice. Making the fraudulent act a socially acceptable tradition, some influential people try to justify it by saying that subletting of government appointed teachers is good, as it provides employment to educated unemployed local youths. In fact, it is a serious crime against the state and society as a whole. If person appointed does not intentionally perform his official duties, he should be penalised and removed from the post and an alternative arrangement should be made officially to fill-up the vacancy. If doctors, engineers or army officers cannot be substituted by any Tom, Dick and Harry, there should not be any exception for the Teachers too. Profession of teacher is not for sale or subletting. In private sector, private minority schools even try to ignore RTE stricture on screening process in admission, and face strong resistance from Child Rights organisations. Private institutions are not fully ready to follow provisions of RTE, and not a single private school has not implemented 25 % reservation for children belonging to socially disadvantaged groups and weaker sections.

There are still various barriers in the education system in India even after the enactment of RTE Act. Primary barrier is on socio- economic basis. The Central Schools, JNVs and Sainik Schools, which are India’s pace setter schools, enjoying special relaxation on RTE’s strictures, fail to reach out to the poor and disadvantaged students. Infrastructure and arrangement to ensure “Barrier - free excess” for children with special needs in schools remain a dream yet to be realised.The object and reason of RTE is primarily to bring a just and humane society, it is to strengthen the social fabric of democracy through provision of equal opportunities to all, and it is to guarantee that every child has a right to be provided full time elementary education of satisfactory and equitable quality in a
formal school which satisfies certain norms and standards. Therefore, the vision of imparting “Equitable Quality” cannot be neglected, but must be a driving force for free and compulsory education mission. Then, what does the Quality Education stand for? Simply, an inclusive quality education must provide vital things such as life skill, livelihood skill, moral education etc. apart from conventional scholastic education. A progressive society needs responsible and creative minds who could dedicate their life for the betterment of the society and humanity. Selfishness, corrupted, irresponsibility, unethical, dehumanisation and demoralization are visible syndromes of a seriously diseased society. The tragedy is that our society, which is terminally ill, has exposed all these syndromes.

Are we getting quality education from the highly prestigious schools? If we could truly get quality education from the highly paid private schools or government run special schools, we must have had a clean administration, justice and good governance in return. Because, many people in executive, legislature and judiciary including doctors and engineers had received so called quality education from these prestigious institutions which produce outstanding students and toppers. In fact, an ideal and visionary teacher could evoke and inspire his students’ mind and spirit and his ultimate teachings have a life -long effect. Such inspired and empowered students, in their future life would be enlightened ones, they could not be easily misled by the negative environmental factors and selfish motives, but could still take the best ever decision in any critical circumstance without losing rationality and
ethical values. The real need of the hour in our society is such enlightened personalities not the mere self acclaimed educated and high sounding degree holder individuals. Our society makes an uproar over the impoliteness and notoriety of some police commandos who committed extra judicial executions, involved in drug trafficking. However, they are energetic youths of the society. Similarly people are also fed up with various unjustifiable violent activities of non state actors thereby distancing themselves from genuine revolutionary identity. They are also energetic youths of the society. Both category of youths who are in state and non state actors, received similar quality of education and groomed in similar social environs. Besides, we do experience uncontainable corruption in public offices, and malpractices in all walks of life. There would be varied reasons for all these social evils and crimes, however, a primary factor would be the failure to impart proper and holistic quality education to our past generations for which we are now bearing the utmost brunt. Our education system failed to evoke their mind and spirit, they are neither inspired nor enlightened, rather they had be trained to be anti social, corrupted, self centred, chicken hearted, wicked and inhuman. Then, before striving for any kind of social reformation and revolution, we must all set to change the education as a whole, from policy, system, structures to individual’s mindsets to ensure truly equitable, inclusive and meaningful quality education to our young generation.

(Keisham Pradipkumar is a Child rights activist)

17 children in a school van leads to 14 being hospitalized

IMPHAL, May 23: Even as the sight of school vans being stuffed beyond capacity with children of various age groups are a common sight in the state with no guidelines in place from any authority, fourteen school children of North Eastern English School, Moirang Kampu Khewa Bazaar under Imphal East district fainted inside their school van on the way to the school at around 9.30 am today as a possible fall out of over seating leading to suffocation. The van bearing registration number MN 1A-2638 and driven by one Lukhoi Thongam (22) S/o Thambou of Sanjenbam Samshabi under Imphal East district carries a total of seventeen children.

Eleven of the fourteen children were brought to Jawaharlal Nehru Institute of Medical Science (JNIMS) at Porompat while the remaining three were brought down at their homes as their condition were stable. Those brought to JNIMS were Sapam Bony Singh, a student of Class KG; Telem Priyanka Devi and Laishram Mahesh both of Class I; Huidrom Sushma; Thongam Rejiya; Loitongbam Bikash; Sapam Rabishanker; Arabam Jannat; Laishram Thoi Devi and Thongam Niraj Singh of Class II and Sapam Borish of Class III.

When media persons interacted with the children at JNIMS, all of them said that they sensed a foul smell inside the van, making their eyes water and hurt. The children all said they felt intense dizziness just before they were about to faint.

Three of them who were seated in the front seat along with the driver did not faint as they might be getting some air. It was raining and all the windshields of the rear side of the vehicle were closed, they said.

Arabam Jannat threw up while inside the van and at the hospital for 5-6 times altogether. She was administered anti vomiting medicine added to a glucose drip, her mother told reporters. Jannat said all the students were seated tightly inside the van and they could smell something foul inside the van.

Salam Romen, Member of the Takhen Gram Panchayat under Lamlai AC and father of Bony and Borish told IFP that the incident happened due to the carelessness of the driver.

The children fainted when the van reached about 50 meters near the school and the school authority brought the children to JNIMS. The Headmaster of the school M Surkumar paid the treatment charge of around Rs 2,200 for the children, he added.

The parents of the children have incidentally not filed an FIR in consideration that the driver is from their locality though it was heard that the hospital authority filed a complaint to the Porompat Police Station, he said.

When the Principal was approached about the incident it was told that the van service is not under control of the school, he claimed.

“Today’s incident is the first such incident but there are chances that such instances will repeat further if the number of children exceeds the seat capacity of the school vehicle,” Romen added and went on to say how he had requested the driver to decrease the number of children he was carrying in the van.

We do not like it that school vans are filling their vehicles with children as if they are chicken all the while playing loud music and speeding along the congested roads. When we complain, the drivers say that we can put our wards to other vans,”, he added.

The children cannot speak against the driver but cried to their parents that they do not want to be carried in a crowded and congested vehicle. The school authority is appealed to take measures like conducting driver test, limiting the seat capacity etc, he said.

S Sumati, Secretary All Manipur Students Guardian Organization (AMSGO) told IFP that such an incident would not have occurred if the van was not filled with children exceeding the seat capacity, in a commercial and unsystematic way.

School van drivers should take responsibility by taking the children as their own children. Parents’ association of the schools is appealed to be concerned of such issue and to control it, she added while pointing out that schools and van drivers are not following the directive of Supreme Court of India on seat capacity of school vans. They need to set up specific rules and regulations and follow it. All concerned need to work together with dedication and integrity, she stressed.

Meanwhile, the Manipur Alliance for Child Rights has lamented the incident in a separate press release.

The statement has lamented that the incident was a fall-out of negligence and legal actions should be taken up against all those responsible for the incident.

It has further alleged that the school authorities and school van owners’ and Drivers association have failed to check the irresponsible acts of van drivers to cramp the young students inside their van.

It has also expressed the need for a regulatory guideline for the school van drivers.

Wednesday, May 1, 2013

Press Statement by Special Rapporteur -UN on violence against women




Special Rapporteur on Violence against women, its causes and consequences finalises country mission to India
NEW DELHI (1 May 2013) – At the end of her official country mission to India, the UN Special Rapporteur on violence against women, its causes and consequences, Ms. Rashida Manjoo, delivered the following statement:
I have been mandated by the Human Rights Council to seek and receive information on violence against women, its causes and consequences, and to recommend measures to eliminate all forms of violence against women.
I would like to begin by expressing my thanks to the Government of India for having invited me to visit the country from 22 April to 1 May. The invitation, which was in response to a request from my mandate, was received prior to the events that led to the death of a young woman in Delhi on 16 December 2012. The protest actions and outpouring of sadness and anger; and the extensive coverage by the media, both local and global; has generated a huge focus on the issue of violence against women and girls in India.  This mission has generated country-wide interest, and also, demands for the addressing of this systemic problem as an urgent imperative, at both the State and the non-state levels.
During my visit, I held meetings in New Delhi, Rajasthan, Gujarat, Maharashtra and Manipur, and gathered information from other states, including Tamil Nadu. I am grateful to all my interlocutors, including Union and State authorities, National Human Rights Institutions, representatives of civil society organisations, and United Nations agencies. Most importantly, I want to thank the individual women who shared their personal experiences of violence and survival with me. The pain and anguish in the testimonies of loss, dispossession, and various human rights violations, was visceral and often difficult to deal with.
The Government of India has signed and ratified numerous international human rights instruments and has also adopted numerous progressive laws and policies at the Union and State levels. Numerous laws, including amendments to existing laws, have been enacted to address various manifestations of violence against women. Among others, these include: the Indian Penal Code which broadly includes crimes against women. This law includes the crimes of rape, kidnapping and abduction for specified purposes, homicide for dowry, torture, molestation, eve teasing, and the importation of girls, among others. More specific laws on crimes against women include: the Criminal Law Amendment Act 2013, the Sexual Harassment of Women at Workplace (Prohibition, Prevention and Redressal) Act 2013, the Protection of Women from Domestic Violence Act 2005, the Indecent Representation of Women (Prohibition) Act 1986, the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act 1989, the Dowry Prohibition Act 1961, the Commission of Sati Prevention Act 1961, and the Immoral Traffic (Prevention) Act 1956 among others.
Furthermore, the following Bills are currently under discussion: the Indecent Representation of Women (Prohibition) Amendment Bill 2012, the Readjustment of Representation of Scheduled Castes and Scheduled Tribes in Parliamentary and Assembly Constituencies Bill 2013, the Removal of Homelessness Bill 2013, the Prevention of Female Infanticide Bill 2013, the Abolition of Child Labour Bill 2013, the Child Welfare Bill 2013, the Indecent or Surrogate Advertisements and Remix Songs (Prohibition) Bill 2013 and among others.
At the institutional level, the realisation of the promotion and protection of human rights broadly, and women’s rights and children’s rights specifically, are vested in numerous Union and state level Ministries, Departments, Commissions, Committees and Missions for the empowerment of women. Furthermore, I was informed about numerous programs and policies that have been put in place in recent years to address the issue of violence against women within a human rights and development framework. These include schemes addressing the needs of victims of rape, trafficking, domestic violence, and so on. Some of these schemes address counselling, support, skills development, access to benefits and also to shelters. Public/private partnerships have been forged within different spheres including the police sector. The laws and schemes highlighted above will be analysed and discussed fully in my mission report.
I welcome the Government of India’s speedy response after the rape incident of 16 December. A judicial committee headed by the late Justice Verma was established, and new legislative measures were adopted earlier this year. While this legislative reform is to be commended, it is regrettable that the amendments do not fully reflect the Verma Committee’s recommendations.
It is unfortunate that the opportunity to establish a substantive and specific equality and non-discrimination rights legislative framework for women, to address de facto inequality and discrimination, and to protect and prevent against all forms of violence against women, was lost. The speedy developments and also the adoption of a law and order approach to sexual wrongs, now includes the death penalty for certain crimes against women. This development foreclosed the opportunity to establish a holistic and remedial framework which is underpinned by transformative norms and standards, including those relating to sexual and bodily integrity rights. Furthermore, the approach adopted fails to address the structural and root causes and consequences of violence against women. 
The Protection of Women from Domestic Violence Act is a positive development in the aspirational goal of protection for victims of family violence. The discrepancy between the provisions of the laws and the effective implementation thereof, whether through the use of the police generally or the Protection Officers in particular, was a recurrent complaint which I heard. Despite provisions intended to offer legal, social and financial assistance to victims, many women are unable to register their complaints. As a result, the vulnerability of women increases, and further, they are also deprived of the benefits prescribed in the law - as proof of registration of cases is required for access to many benefits. Furthermore, prevention of violence, as a core due diligence obligation of the State, does not feature in the implementation of this law.
Despite numerous positive developments, the unfortunate reality is that the rights of many women in India continue to be violated, with impunity as the norm, according to many submissions received. Mediation and compensation measures are often used as redress mechanisms to address cases of violence against women, thus eroding accountability imperatives, and further fostering norms of impunity.
Manifestations of violence against women
Numerous experiences of violence, whether direct or indirect, in different spheres including the home, the community, and in institutions, whether perpetrated by state actors or condoned by the State, was shared with me during the mission. Violence is being experienced in situations of peace, conflict, post-conflict, and displacement among others. The denial of constitutional  rights in general, and the violation of the rights of equality, dignity, bodily integrity, life and access to justice in particular, was a theme that was common in many testimonies. Violence against women as a cause and consequence of de facto inequality and discrimination was also a common theme in numerous submissions received.
Violence against women and girls in India manifests in numerous ways and varies in prevalence and forms based on numerous factors including geographic location. Some manifestations include: sexual violence, domestic violence, caste-based discrimination and violence, dowry related deaths, crimes in the name of honour, witch-hunting, sati, sexual harassment, violence against lesbian, bisexual, and transgender people, forced and/or early marriages, deprivation of access to water and basic sanitation, violence against women with disabilities, sexual and reproductive rights violations, sex selection practices, violence in custodial settings and violence in conflict situations, among others. These manifestations of violence are rooted in multiple and intersecting forms of discrimination and inequalities faced by women, and are strongly linked to their social and economic situation. One interlocutor described violence against women and girls as functioning on a continuum that spans the life-cycle from the womb to the tomb.
During my visit, I heard numerous testimonies of many women who are survivors of domestic violence, whether at the hands of their husbands or other family members. Many of these women live in family settings with deeply entrenched norms of patriarchy and cultural practices linked to notions of male superiority and female inferiority. The lack of effective remedies, the failure of the State to protect and prevent violence against women, the economic dependence of many women on the men in their lives, and the social realities of exclusion and marginalization when speaking out, often results in women accepting violence as part of their reality. The current focus by state actors on preserving the unity of the family is manifested in the welfare/social approach and not in the human rights based approach. It does not take into consideration the nature of relationships based on power and powerlessness; of economic and emotional dependency; and also the use of culture, tradition and religion as a defence for abusive behaviour.
Sexual violence and harassment in India is widespread, and is perpetuated in public spaces, in the family or in the workplace. There is a generalized sense of insecurity in public spaces/amenities/transport facilities in particular, and women are often victims of different forms of sexual harassment and assault.
On the issue of conflict-related sexual violence, it is crucial to acknowledge that these violations are occurring at the hands of both state and non-state actors. The Armed Forces (Special Powers) Act and the Armed Forces (Jammu and Kashmir) Special Powers Act (AFSPA) has mostly resulted in impunity for human rights violations broadly, according to information received. The law protects the armed forces from effective prosecution in non-military courts for human rights violations committed against civilian women among others, and it allows for the overriding of due process rights.  Furthermore, in testimonies received, it was clear that the interpretation and implementation of this act, is eroding fundamental rights and freedoms - including freedom of movement, association and peaceful assembly, safety and security, dignity and bodily integrity rights, for women, in Jammu & Kashmir and in the North-Eastern States. Unfortunately in the interests of State security, peaceful and legitimate protests often elicit a military response, which is resulting in both a culture of fear and of resistance within these societies.
In India, women from the Dalit, Adivasi, other Scheduled castes, tribal and indigenous minorities, are often victims of a multiplicity of forms of discrimination and violence. Despite protective legislative and affirmative action laws and policies, their reality is one where they exist at the bottom of the political, economic and social systems, and they experience some of the worst forms of discrimination and oppression - thereby perpetuating their socio-economic vulnerability across generations. They are often forced to live in displacement settings, experience forced labour practices, prostitution and trafficking, and also experience intra-community violations of rights.
In consultations in Manipur, I heard anguished stories from relatives of young women who have disappeared without trace or who were found dead shortly after going missing. The lack of response from the police is the norm in such cases, with the attitude being that these are mostly elopement cases. I am deeply concerned about other consequences of such disappearances of young women, including exposure to sexual abuse, exploitation or trafficking. More generally, many tribal and indigenous women in the region are subjected to continued abuse, ill-treatment and acts of physical and sexual violence. They are denied access to healthcare and other necessary resources, due to the frequency of curfews and blockades imposed on citizens. Moreover, the chronic underdevelopment prevalent in the region, coupled with frequent economic blockades, is having an impact on the overall cost of essential items, and is exacerbating the already vulnerable situation of women and children living in the region.
Customary and religious practices such as child marriages and dowry-related practices, sorcery, honour killings, witch-hunting of women, and communal violence perpetrated against cultural and religious minorities, were highlighted in numerous testimonies. Communal violence, inspired by religious intolerance, does manifest in some parts of India. Indiscriminate attacks by religious majorities on religious minorities, including Christian and Muslim minorities, is frequently explained away by implying that equal aggression was noted on both sides. Also, such violence is sometimes labelled as ‘riots’, thereby denying the lack of security for religious and other minorities, and disregarding their right to equal citizenship. This issue is of particular concern to many, as the wounds of the past are still fresh for women who were beaten, stripped naked, burnt, raped and killed because of their religious identity, in the Gujarat massacre of 2002.
I am also concerned about the declining female sex ratio in India. The deeply entrenched patriarchal social norms, prevailing views of daughter-aversion and son-preference, the dowry-related link, and, the general sense of insecurity in light of high prevalence rates of gender-based violence, is fuelling a significant drop in female births throughout the country. The Indian Government’s concern about this issue has resulted in the adoption of policies and schemes. The implementation of such interventions is resulting in the policing of pregnancies through tracking/surveillance systems and is resulting in some cases in the denial of legal abortion rights, thereby violating the sexual and reproductive rights of women.
With regard to domestic workers, I am dismayed by the prevalence of numerous violations faced by these women and girls. Many of them, often migrant and unregistered women, work in servitude and even bondage, in frequently hostile environments; performing work that is undervalued, poorly regulated and low-paid. According to testimonies, they are also denied access to essential services and resources provided by the State, as they lack proper identification, and view this as a barrier to access. They are often the victims of various acts of violence, including sexual harassment and victimization by their employers and others.
I have also been informed that women with disabilities experience numerous forms of violence, including sexual violence, forced sterilization and/or abortions and forced medication without their consent. In addition, their experience of discrimination, exclusion and marginalisation reinforces the need for greater attention and specificity.
India has embarked on a journey of aggressive economic growth and this path is viewed as the route to simultaneously addressing its human development challenges. Despite the inclusion of beneficial provisions for women and children in the Five Year Plan, the impact of economic development policies on women is resulting in forced evictions, landlessness, threats to livelihoods, environmental degradation, and the violation of bodily integrity rights, among other violations. The adverse consequence of resulting migration to urban areas is reflected in the living and work conditions of many of these women and children, for example living in slums or on the streets, engaging in scavenging activities and in sex work etc. Some women have committed suicide; others are frequently exposed to acts of harassment and violence, including sexual assault. It was strongly argued by many interlocutors that India’s pursuit of neo-liberal economic growth must not be pursued at the expense of vulnerable women and children, and their right to a healthy and secure environment.
Conclusion
Numerous human rights mechanisms have addressed the violation of women’s human rights in India. The substance of some relevant recommendations addresses the following issues:
1)      There is  a need for urgent measures to end the alarming decline in sex ratios (CEDAW, CRC)
2)      The negative effect of personal status laws on the achievement of overall gender equality (CRC, CCPR, and CEDAW). Such laws need to be reformed to ensure equality in law (CEDAW).
3)      The social and cultural patterns of discrimination against women require urgent action by the State (CEDAW).
4)      Ensure that all victims of domestic violence are able to benefit from the legislation on domestic violence. Develop a comprehensive plan to combat all forms of violence against women (CEDAW). Domestic violence is endemic. The Protection of Women from Domestic Violence Act and Section 498-A of the Indian Penal Code must be enforced effectively (CESCR).
5)      The implementation of the Armed Forces (Special Powers) Act, the Public Safety Act and the National Security Act, and the Armed Forces (Jammu & Kashmir) Special Powers Act should be repealed (HRC, SR Summary Executions), as it perpetuates impunity (HRC), and is widely used against Human Rights Defenders (SR HRD).
6)      Grave concerns are noted as regards the continuing atrocities perpetrated against Dalit women. There is a culture of impunity for violations of the rights of Dalit women (CEDAW). Concerns are further expressed for the failure to properly register and investigate complaints of violations against scheduled castes and tribes, the high rate of acquittals, the low conviction rates, and the alarming backlog of cases related to such atrocities (CRC, CEDAW and CERD).
7)      The practice of devadasi is of concern (HRC). The effective enforcement of relevant legislation and the Indian Constitution is required to end this practice (CERD).
8)      To expeditiously enact the proposed Communal Violence (Prevention, Control and Rehabilitation of Victims) Bill, 2005 with the incorporation of: sexual and gender-based crimes, including mass crimes against women perpetrated during communal violence; a comprehensive system of reparations for victims of such crimes; and gender-sensitive victim-centred procedural and evidentiary rules, and to ensure that inaction or complicity of State officials in communal violence be urgently addressed under this legislation.
9)      Grave concern is expressed about the continued existence of women and girls employed as domestic workers and their experiences of sexual abuse (CEDAW).
10)  Harmful practices on women and girls, including forced marriage, dowry and dowry-related violence are of great concern (CEDAW, CRC, CERD, and HRC). Violence and social sanctions due to inter-caste relationships are also of concern (CERD).
11)  The impact of mega-projects on the rights of women should be thoroughly studied, including their impact on tribal and rural communities, and safeguards should be instituted (CEDAW).
12)  Continuing disparities in literacy levels are of concern, in particular the educational status of scheduled castes, scheduled tribes and Muslim women (CEDAW). Effective measures must be adopted to reduce the drop-out rates among Dalit girls (CERD).
13)  More effort is needed to end customary practices which deprive women from underprivileged classes, castes and religious minorities of their rights to human dignity and to non-discrimination (HRC).
I would like to encourage the government of India to ensure specificity in addressing the multiple and intersecting inequalities and discrimination that women face. My mandate has consistently voiced the view that the failure in response and prevention measures stems from Government’s inability and/or unwillingness to acknowledge and address the core structural causes of violence against women. Linkages should be made between violence against women and other systems of oppression and discrimination prevalent within societies. A legislative and policy approach will not bring about substantive change if it is not implemented within a holistic approach that simultaneously targets the empowerment of women, social transformation, and the provision of remedies that ultimately address the continuum of discrimination and violence, and also the pervasive culture of impunity.
My comprehensive findings will be discussed in the report that I will present to the United Nations Human Rights Council in June 2014.”
ENDS
Ms. Rashida Manjoo (South Africa) was appointed Special Rapporteur on Violence against women, its causes and consequences in June 2009 by the UN Human Rights Council. As Special Rapporteur, she is independent from any government or organization and serves in her individual capacity. Ms. Manjoo also holds a part-time position as a Professor in the Department of Public Law of the University of Cape Town. Learn more, visit: http://www2.ohchr.org/english/issues/women/rapporteur/index.htm