Protection of Women from Domestic Violence Act, 2005:
The Maharashtra State Commission for Women is seriously concerned with the
implementation the Protection of Women against Domestic Violence Act, 2005.
The enforcing agencies under the Act are mainly First Class Judicial Magistrates,
Protection Officers, Police Officials, Service Providers and the aggrieved person
herself. The cases of domestic violence are on the rise and timely intervention
is essential in such cases as it includes not only physical abuse but also economic,
emotional and sexual abuse. Such cases need to be dealt cautiously and with
sensitivity as they may also involve rights of children and elderly persons
in the family.
The Commission held a Consultation Meet on 15/12/06 to discuss these issues.
The meeting was attended by Government officials, Police Officers, Legal experts,
representatives of women organizations, etc.
The Commission has forwarded the recommendation of the consultation meet to
the Women & Child Development Department for necessary action. The recommendations
include immediate appointment of Protection Officers and registration of Service
Providers, capacity building and prospective building of all stake holder which
includes judiciary, protection officers, service providers, public health facilities
and authorities of shelter homes to be involved and suitably oriented to deal
with cases arising out of the present Act.
The State Government should immediately initiate steps regarding appointment
of Protection Officers and registration of Service Providers, training of all
stake holders and awareness programmes for the public along with representatives
o NGOs and lawyers to enable strict implementation of the Act.
Fact Finding Committee constituted by the Commission
The MSCW had constituted Fact Finding Committees as per Section 8(1) of the
MSCW Act to investigate into the matters of atrocities against women and to
enquire into the incidents of violence in districts places of Kolhapur, Sangli,
Beed and Sholapur. The Commission has forwarded the reports of the Fact Finding
Committees along with recommendations to the concerned departments viz. Home,
Social Justice Women & Child Development, Public Health, Deputy Inspector
General of Police. Based on the report of the recommendations of the Fact Finding
Committees a meeting was called under the Chairmanship of Hon.. Home Minister
on 28/07/06 to discuss all the issues related to the incidents of violence and
measures to be taken. The Hon. Minister issued directions to all the concerned
to initiate necessary action.
Recent Supreme Court Ruling in Dowry Death Case:
The Commission is seriously concerned with the Recent Supreme Court Ruling
in Dowry Death Case passed in the case of Appasaheb and another V/s State of
Maharashtra which has ruled that “demand for money on account of some
financial stringency or for meeting some urgent domestic expenses or for purchasing
manure cannot be termed as a demand for dowry.” The Commission held a
meeting in this regard on 19/01/07 which was attended by legal experts and representatives
of women’s organisations. The Commission strongly expressed that this
judgement restrictively interprets dowry without regard to the intention behind
the law, especially Section 2 of the Dowry Prohibition Act, as well as the fact
that dowry continues to consume women in our society.
The group unanimously passed a following resolution which was forwarded to
the Women & Child Development, Home dept, Law & Judiciary dept., Govt.
of Maharashtra to immediately file a Review Petition in the Supreme Court for
review of the judgement.
Resolution
In the meeting held at the Maharashtra State Commission for women, on 19th
January, 2007, the women’s groups and organizations present, strongly
condemned the Judgement of the Hon. Supreme Court in the matter of Appasaheb
& Anr v/s State of Maharashtra in Criminal Appeal No. 1613 of 2005. It was
unanimously resolved that the Government of Maharashtra should immediately file
a Review Petition in the Supreme Court for review of this Judgment.
The group expressed grave concern over the restrictive interpretation of dowry
in the said judgment which nullifics the long struggle and campaign for reform
in dowry laws by the women’s movement. The group strongly felt that the
judgement was regressive and set a precedent to allow dowry seekers and dowry
death accused to go scot free.
The Commission forwarded the said resolution to the concerned government officials
for necessary action. Therefore a meeting was also called on 12/02/07 by the
Hon. Minister, Women & Child Development to discuss the ruling and steps
to be initiated by the State Government. Hon Minister directed the Home dept.,
to initiate necessary action with regard to filing of Review Petition.
Poster Competition:
The MSCW and Camlin Ltd. had jointly organised a Poster Competition on women’s
issues viz violence against women, importance of a girl child, equal status
of women, dowry, female foeticide, sexual harassment at the work place and child
sexual abuse, with a view to generate public awareness on issues relating to
women and to give opportunities to young artists to express themselves on these
issues. The Commission received 185 entries from the students of art colleges.
These posters were displayed in the poster exhibition held in the Commission’s
office from 27th to 29th November, 2006. Prizes were awarded to the best entries
in each category. The Commission also brought out a desk calendar of the selected
entries.
Effective implementation of the PC-PNDT Act:
The Maharashtra State Commission for Women is seriously concerned with the
declining sex ratio in Maharashtra in the age group 0-6 years which is a matter
of grave concern. The sex ratio has come down to 913 in 2001 from 946 in 1991.
Significant decline in the sex ratio from the (0-6) years has been noticed in
so called prosperous districts of Maharashtra viz. Satara, Sangli, Aurangabad,
Pune etc. The Commission held a workshop on the ‘Skewed Sex Ratio –
A Situational Analysis” on 17/02/06 calling attention of the medical fraternity,
government officials etc.
The Commission has forwarded the report along with recommendations to the Public
Health dept., for necessary action. The Commission has further emphasized that
the appropriate authorities should be empowered and strengthened to carry out
their functions effectively Wide publicity should also be given to the cases
wherein in the doctors are proved guilty for misusing the diagnostic techniques.
The scan centre audit if implemented all over the country will go a long way
in curbing female foeticide
Film on Female Foeticide:
The Commission has produced a short film on female foeticide to create a social
message against this heinous practice.
The short colour film “Aai me Yatai” produced by Maharashtra State
Commission for Women & directed by Shri Kamlakar Jagtap of M/s Pragalbh
Creations. Will be shown on TV channels to create mass awareness about the issue.
Sexual Harassment at the Work Place:
The Maharashtra State Commission for Women has taken steps for ensuring implementing
the Vishakha guidelines as well as the directions given in the Medha Kotwal
Lele case by the Hon. Supreme Court with regard to sexual harassment at the
work place. The Commission has written to all the State authorities as well
as the public sector undertakings pointing to the mandatory requirement of constituting
a Complaints Committee as per the directions of the Hon. Supreme Court.
The Commission has also conducted two Action Research Projects on prevention
of sexual harassment in educational institutions to enable such institutions
to develop sound institutional practices for prevention of sexual harassment
at the work place. This programme was initiated in J.J. Hospital and Grant Medical
College and Veer Mata Jeejabai Technical Institution (VJTI). The project included
gender sensitivity training programme for the students, teachers and employees
of the institutions. The study revealed that harassment even if not sexual in
nature could be gender specific. Every employee, patient, student has right
to work and be treated with dignity and right to a safe working environment.
These reports have been sent to the concerned authorities for necessary action.