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Resultados y análisis

4.8. Experimentos adicionales

The Declaration on the Elimination of Violence against Women defines violence against women as ‘any act of gender-based violence that results in , or is likely to result in, physical, sexual, or psychological harm or suffering to women ,including threats of such acts coercion or arbitrary deprivation of liberty , whether occupied in public or in private life. Crimes against women have been steadily on the rise’. The definition is broad in its coverage and recognizes the fact that violence can occur within the confines of the home. Violence against women can assume active or passive forms- a physical act of violence is not the only form of violence. Creating a hostile environment whether at work or at home or making disparaging and humiliating remarks also come within the preview of violence as they have psychological impact on the victim.

Domestic violence occurs within the home and poses a challenge to the sanctity of family relationships. It is violence that occurs the private sphere, generally between individuals who are related through intimacy, blood or law. It entails active and passive violence against children, the elderly, women- married, unmarried and divorcees. The primary and substantial victims of domestic violence are women. Under the Protection of Domestic violence Act of 2005, the definition of domestic violence includes abuse as well as the threat of abuse. It includes abuse that is physical, verbal and emotional sexual or economic in nature. The dowry Prohibition Act 1961 made the demanding and giving of dowry punishable under the law.

Women are one of the great victims of police atrocities. The police maintain callous and indifferent attitude towards women issues. They treat issues of dowry deaths, and domestic violence as private affairs and therefore encourage compromises even if the women are brutally tortured. Another important human rights issue faced by women in relation to police is custodial or prison rape. . As per NCRB report 2002, the court tried 132police men for custodial rape, but only

four were convicted. The Mathura case of 1980, in which a lower caste minor girl was detained and raped by police men was a best example to show the gender bias of Indian police. Such incidents are a part of daily media report even today.

The questioning of the victims of rape also shows the insensibility of police. They treat such victims as impure, therefore use abusive language and even assault them. Women are also victims of custodial death.

In India, Bihar, Uttar Pradesh, Madhya Pradesh are the worst examples of police atrocities. Poor and backward women are the victims. Amnesty International has mentioned in its latest report authorities in India are failing to prevent violence against women and sometimes take an active part in it .These women often suffer a double discrimination on the basis of caste as well as gender.

Women face violence during infancy, and growing years like infanticide, neglect of nutrition needs, education and health care. As adults they face domestic violence, sexual abuse at workplace etc. In all such violence police intervention is not satisfactory.

The United Nations defines violence against women as “any act of gender based violence that results in or is likely to result in , physical , sexual m, psychological harm or suffering to women , including threat of such acts, coercion or arbitrary deprivation of liberty whether occurring in public or private life”. In spite of various efforts at regional, national and international level violence against women take place in every corner of the glove.

National Commission for Women

Owing to the overwhelmingly patriarchal structure of our society, women have been relegated to a secondary status and have been subject to various legal and social discriminations. The framers of our constitution recognized the need to remove such inequalities and made special provisions to redress the same. The National commission for Women is a statutorily constituted body under the National Commission for Women Act 1990. The NCW consists of a Chairperson, five members and a member secretary, all nominated by the central government according to guidelines provided for in the Act.

FUNCTIONS

1. Inquiry and Investigation

The NCW also has the power of a civil court while investigation and examining matters relating to the safeguards provided for women under the constitution and other area. It is empowered to consider matters relating to

deprivation of women’s rights and take up the issues with the appropriate authorities of its own. It looks in to complaints and takes suo motu notice of matters relating to non-implementation of laws.

2. Action Research

The NCW conducts studies and investigations into problems arising out of discrimination and atrocities against and recommends for their removal. The NCW members participate and advice on the planning process of socio- economic development of women, suggest measures to promote their representation in all spheres and evaluate their progress. The NCW has formulated Bills on Prevention of Sexual Harassment at Workplace and the Domestic Violence to Women (prevention)Bill 1994 in consultation with members of the civil society.

3. Legal intervention

The Parivarik Mahila Lok Adalat ia an innovative mechanism developed by the NCW , which has taken up thousands of cases so far. It deals with matters pertaining to family law, encouraging settlement of disputes outside the formal legal framework and aiming to empower women in the justice delivery mechanism

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