BASELINE SURVEY. Sponsored by : Deen Dayal Upadhayay State Institute of Rural Development (SIRD), Uttar Pradesh, Lucknow.

Transcription

1 BASELINE SURVEY Pilot Project on Legal Literacy in Barabanki {Under UNDP Assisted Access to Justice (A2J) Project Department of Justice, Government of India} Sponsored by : Deen Dayal Upadhayay State Institute of Rural Development (SIRD), Uttar Pradesh, Lucknow Conducted by : Awadh Research Foundation D-1/8, Vineet Khand, Gomti Nagar, Lucknow Tel. : , Telefax : ; arfatindia@gmail.com Website :

2 Baseline Survey Final Report Pilot Project on Legal Literacy in Barabanki {Under UNDP Assisted Access to Justice (A2J) Project Department of Justice, Government of India} CONTENTS REPORT Sponsored by : Deen Dayal Upadhayay State Institute of Rural Development (SIRD), Uttar Pradesh, Lucknow Conducted by : Awadh Research Foundation D-1/8, Vineet Khand, Gomti Nagar, Lucknow Tel. : , Telefax : ; arfatindia@gmail.com Website : {1}

3 Preface Classically Democracy is government 'of the people, by the people, for the people'. The connotation 'by the people' denotes governance by the people itself. It can be indirect through elected representatives vide universal franchise, but direct governance by the people implies active participation in governance, decision making and development, which in turn prerequisites informed citizenry who can make informed choices on various issues pertaining to governance. It is here where we, as a society, are failing despite having the largest written Constitution and huge body of laws & rules. Maybe we have not empowered the general masses by way of spreading awareness and functional knowledge to actively take part in governance. No doubt India is having one of the most elaborate Justice Delivery System consisting of Police, Investigation, Prosecution and Courts but there has been hardly any programme or scheme for educating and empowering the general masses regarding various entitlements, procedures and forums to access the Justice Delivery System, as a result whereof the general public is mostly trapped in the cobweb of police, legal practitioners and courts consuming considerable energy and resources, which otherwise would have been invested in productive activities. The recent trend of Rights Based Entitlements Approach and Initiatives by Government of India and State Governments have made it all the more necessary to spread awareness and empower the general public about various processes, procedures and forums to avail those entitlements. Things are even worse for the marginalized sections of the society Scheduled Castes, Scheduled Tribes, Forest Dwellers, female and certain sections of minorities, because of comparatively lesser spread of formal education, poverty and socio-cultural legacies among those groups. The fall-out is almost a daily phenomenon of atrocities, exploitation, sexual abuse and domestic violence widely reported in media. The walls of secrecy and lack of awareness regarding entitlements and procedures is resulting in denial and corruption to these vulnerable sections of society. It is in this background that the Department of Justice, Ministry of Law & Justice, Government of India and the UNDP, commissioned a Pilot Project of Legal Literacy in District Barabanki of Uttar Pradesh. In order to design the strategy & methodology of the legal literacy campaign, the SIRDUP initiated a Base-line Survey (BLS) through Awadh Research Foundation (ARF) a renowned organization involved in rendering professional services to international agencies and government departments across various development sectors. {2}

4 The objective of the Base-line Survey was to gauge the levels of awareness among general public across all socio-demographic groups and women and on the basis of the outcome of BLS to identify gaps, fix Bench Marks, design strategy & methodology of the campaign and design & develop various IEC tools and materials. The survey has been completed and Bench Marks have been fixed in the instant volume. The results of BLS are both eye opening and astonishing. All most zero level of awareness regarding provisions and procedures of free legal aid, maintenance of old parents, domestic violence against women and its legal consequences, legal consequence of employing child labour & child marriage, protection of consumer rights etc are speaking too loudly to ignore if we want to avoid the blame of failing the Constitution. The thoughtful and onerous task of designing and developing the strategy & methodology of mass awareness and different IEC tools, modules and materials based on the BLS findings is under process. SIRDUP is thankful to the DOJ, Ministry of Law & Justice, GOI and UNDP & its representatives for providing the opportunity and financial support to undertake this unique Pilot Project. I am thankful to the entire team of Awadh Research Foundation (ARF) for accomplishing a thorough and comprehensive Base-line Survey while maintaining quality standards right from conceptualization to preparation of the Survey Report. I would also like to express my gratitude to Dr. O.P. Pandey, Joint Director and Director Centre for People's Participation, Transparency and Accountability (CPTA) and his entire team for their relentless and untiring efforts in this entire process. Date: N. S. Ravi IAS Director General DDU, State Institute of Rural Development Lucknow {3}

5 CONTENTS List of Baseline Indicators (Combined) List of Baseline Indicators (Gender-wise) List of Baseline Indicators (Social Category-wise) Chapter Particulars Page No. Chapter-1 Introduction... 1 Chapter-2 Respondent Profile. 6 Chapter-3 Constitutional & Legal Safeguards 8 Chapter-4 Protection, Prevention, Prohibition & Rights 21 Chapter-5 Protection of Vulnerable Groups, Weaker Sections Marginalized. 31 Chapter-6 Labor Security, Welfare & Maintenance Chapter-7 Good Governance.. 38 Chapter-8 Social Security, Insurance and Financial Inclusion Chapter-9 Voices from the Community.. 45 Chapter-10 Identification of Critical Gaps 51 Chapter-11 Summary Findings & Recommendations.. 55 Chapter-12 Benchmarks for Critical Area 58 {4}

6 COMBINED LIST OF INDICATORS {5}

7 LIST OF BASELINE INDICATORS - OVERALL Sl. Parameters/Variables Baseline No. Value CONSTITUTIONAL AND LEGAL SAFEGUARDS 1. Heard About the Indian Constitution? (%) Fundamental Rights [Article 14 32] 2. Equality before Law [Article 14] (%) Prohibition of Discrimination on Grounds of Religion, Race, Caste, Gender or Place of Birth [Article 15] (%) Equality of Opportunity in Matters of Public Employment [Article 16] (%) Prohibition to Practice Untouchability [Article 17] (%) Freedom of Speech and Expression [Article 19] (%) Protection of Life & Personal Liberty [Article 21] (%) Right to Education [Article 21-A] (%) Prohibition of Traffic in Human Beings & Forced Labour [Article 23] (%) Prohibition of Employment of Children in Any Hazardous Employment [Article 24] (%) Freedom of Conscience and Free Profession, Practice and Propagation of Religion [Article 25 to 28] (%) Right of Minorities to Establish and Administer Educational Institutions [Article 30] (%) Fundamental Duties [Article 51-A] 13. To abide by the Constitution & respect its ideals & institution, the National Flag and the National Anthem (%) To cherish & follow the noble ideals which inspired our national struggle for freedom (%) To uphold and protect the sovereignty, unity and integrity of India (%) To defend the country & render national service when called upon to do so (%) To promote harmony and spirit of common brotherhood; to renounce practices derogatory to the dignity of women (%) To value & preserve the rich heritage of our composite culture (%) To protect and improve the natural environment including forests, lakes, rivers & wildlife and to have compassion for living creatures (%) To develop the scientific temper, humanism & spirit of inquiry & reform (%) To safeguard public property and to abjure violence (%) To strive towards excellence in all spheres of individual & collective activity (%) To provide opportunities for education to his child/ward between the age of six and fourteen years (86th Amendment Act, 2002) [%] {6}

8 Sl. Parameters/Variables Baseline No. Value FI.R., Arrest and Bail 24. How to Lodge an F.I.R.? (%) ness of Rights when Faced with Arrest (%) ness of Process for Obtaining Bail (%) Free Legal Aid 27. ness of Provisions of Free Legal Aid (%) ness of Eligibility of Free Legal Aid (%) ness of Institutions Providing Free Legal Aid (%) 0.00 PROTECTION, PREVENTION, MAINTENANCE, PROHIBITION AND RIGHTS OF WOMEN & CHILDREN 30. ness of Acts Related to Domestic Violence (%) Point/Place of Lodging Complaints of Domestic Violence (%) ness of Provisions on Dowry Prohibition (%) Circumstances for Claiming Maintenance (Hindu Wife) (%) Right of Widow to Claim Maintenance (Hindu Wife) (%) ness Regarding Legal Age for Marriage (%) ness Regarding Penalties for Child Marriage (%) Penalties for Employing Child Labour (%) ness that Sexual Offences Against Children are Punishable under Law (%) Actions Treated as Sexual Offences Against Children (%) ness of Separate Law for Care & Protection of Children/Juveniles (%) PROTECTION OF VULNERABLE GROUPS, MARGINALIZED & WEAKER SECTIONS 41. ness of Law for Prevention of Atrocities on SCs and STs (%) ness that Practice of Bonded Labour System is Illegal & Punishable (%) ness of Key Provisions for Abolition of Bonded Labour (%) ness of Right of Maintenance for Parents & Senior Citizens (%) ness of Provisions for Maintenance for Parents & Senior Citizens (%) 7.00 {7}

9 Sl. Parameters/Variables Baseline No. Value LABOUR SECURITY, WELFARE AND MAINTENANCE 46. ness of Provisions for Equal Wages for Equal Work (%) ness of Provisions of Maternity Benefits to Working Women (%) 9.00 GOOD GOVERNANCE 48. Quantity of Entitlements under the Public Distribution System (%) ness of Law for Protection of Interests of Consumers (%) Knowledge of Common Complaints Admissible for Relief under Consumer Protection Law (%) ness of Right to Information Act (%) Knowledge of Critical Provisions under RTI (%) 6.00 SOCIAL SECURITY, INSURANCE & FINANCIAL INCLUSION 53. Indira Gandhi National Old Age Pension Scheme (IGNOAPS) [%] Indira Gandhi National Widow Pension Scheme (IGNWPS) [%] National Family Benefit Scheme (NFBS) [%] Indira Gandhi National Disability Scheme [%] National Health Insurance Scheme [%] Janani Suraksha Yojana (JSY) [%] {8}

10 List of Baseline Indicators Gender Sl. No. Parameters/Variables Baseline Value (%) Males Females Average CONSTITUTIONAL AND LEGAL SAFEGUARDS 1. Heard About the Indian Constitution? Fundamental Rights [Article 14 32] 2. Equality before Law [Article 14] Prohibition of Discrimination on Grounds of Religion, Race, Caste, Gender or Place of Birth [Article 15] Equality of Opportunity in Matters of Public Employment [Article 16] Prohibition to Practice Untouchability [Article 17] Freedom of Speech and Expression [Article 19] Protection of Life & Personal Liberty [Article 21] Right to Education [Article 21-A] Prohibition of Traffic in Human Beings & Forced Labour [Article 23] Prohibition of Employment of Children in Hazardous Employment [Article 24] Freedom of Conscience & Free Profession, Practice & Propagation of Religion [Article 25 to 28] Right of Minorities to Establish and Administer Educational Institutions [Article 30] Fundamental Duties [Article 51-A] To abide by the Constitution & respect its ideals & institution, the National Flag and the National Anthem To cherish & follow the noble ideals which inspired our national struggle for freedom To uphold and protect the sovereignty, unity and integrity of India To defend the country & render national service when called upon to do so To promote harmony and spirit of common brotherhood; to renounce practices derogatory to the dignity of women To value & preserve the rich heritage of our composite culture To protect and improve the natural environment including forests, lakes, rivers & wildlife and to have compassion for living creatures To develop the scientific temper, humanism & spirit of inquiry & reform To safeguard public property and to abjure violence To strive towards excellence in all spheres of individual & collective activity To provide opportunities for education to his child/ward between the age of six and fourteen years (86th Amendment Act, 2002) FI.R., Arrest and Bail 24. How to Lodge an F.I.R.? ness of Rights when Faced with Arrest ness of Process for Obtaining Bail Free Legal Aid 27. ness of Provisions of Free Legal Aid ness of Eligibility of Free Legal Aid ness of Institutions Providing Free Legal Aid {9}

11 Sl. No. Parameters/Variables Final Report Baseline Value (%) Males Females Average PROTECTION, PREVENTION, MAINTENANCE, PROHIBITION AND RIGHTS OF WOMEN & CHILDREN 30. ness of Acts Related to Domestic Violence Point/Place of Lodging Complaints of Domestic Violence ness of Provisions on Dowry Prohibition Circumstances for Claiming Maintenance (Hindu Wife) Right of Widow to Claim Maintenance (Hindu Wife) ness Regarding Legal Age for Marriage ness Regarding Penalties for Child Marriage Penalties for Employing Child Labour ness that Sexual Offences Against Children are Punishable under Law Actions Treated as Sexual Offences Against Children ness of Separate Law for Care & Protection of Children/Juveniles PROTECTION OF VULNERABLE GROUPS, MARGINALIZED & WEAKER SECTIONS 41. ness of Law for Prevention of Atrocities on SCs and STs ness that Practice of Bonded Labour System is Illegal & Punishable ness of Key Provisions for Abolition of Bonded Labour ness of Right of Maintenance for Parents & Senior Citizens ness of Provisions for Maintenance for Parents & Senior Citizens LABOUR SECURITY, WELFARE AND MAINTENANCE 46. ness of Provisions for Equal Wages for Equal Work for Men & Women ness of Provisions of Maternity Benefits to Working Women GOOD GOVERNANCE 48. Quantity of Entitlements under the Public Distribution System ness of Law for Protection of Interests of Consumers Knowledge of Common Complaints Admissible for Relief under Consumer Protection Law ness of Right to Information Act Knowledge of Critical Provisions under RTI SOCIAL SECURITY, INSURANCE & FINANCIAL INCLUSION 53. Indira Gandhi National Old Age Pension Scheme (IGNOAPS) Indira Gandhi National Widow Pension Scheme (IGNWPS) National Family Benefit Scheme (NFBS) Indira Gandhi National Disability Scheme National Health Insurance Scheme Janani Suraksha Yojana (JSY) {10}

12 List of Baseline Indicators Social Category Sl. No. Parameters/Variables CONSTITUTIONAL AND LEGAL SAFEGUARDS Baseline Value (%) SC/ST OBC GEN MINORITY Average 1. Heard About the Indian Constitution? Fundamental Rights [Article 14 32] 2. Equality before Law [Article 14] Prohibition of Discrimination on Grounds of Religion, Race, Caste, Gender or Place of Birth [Article 15] 4. Equality of Opportunity in Matters of Public Employment [Article 16] Prohibition to Practice Untouchability [Article 17] Freedom of Speech and Expression [Article 19] Protection of Life & Personal Liberty [Article 21] Right to Education [Article 21-A] Prohibition of Traffic in Human Beings & Forced Labour [Article 23] Prohibition of Employment of Children in Hazardous Employment [Article 24] Freedom of Conscience & Free Profession, Practice & Propagation of Religion [Article 25 to 28] Right of Minorities to Establish and Administer Educational Institutions [Article 30] Fundamental Duties [Article 51-A] To abide by the Constitution & respect its ideals & institution, the National Flag and the National Anthem To cherish & follow the noble ideals which inspired our national struggle for freedom To uphold and protect the sovereignty, unity and integrity of India To defend the country & render national service when called upon to do so To promote harmony and spirit of common brotherhood; to renounce practices derogatory to the dignity of women To value & preserve the rich heritage of our composite culture To protect and improve the natural environment including forests, lakes, rivers & wildlife and to have compassion for living creatures To develop the scientific temper, humanism & spirit of inquiry & reform {11}

13 Sl. No. Parameters/Variables Final Report Baseline Value (%) SC/ST OBC GEN MINORITY Average 21. To safeguard public property and to abjure violence To strive towards excellence in all spheres of individual & collective activity To provide opportunities for education to his child/ward between the age of six and fourteen years (86th Amendment Act, 2002) FI.R., Arrest and Bail 24. How to Lodge an F.I.R.? ness of Rights when Faced with Arrest ness of Process for Obtaining Bail Free Legal Aid 27. ness of Provisions of Free Legal Aid ness of Eligibility of Free Legal Aid ness of Institutions Providing Free Legal Aid PROTECTION, PREVENTION, MAINTENANCE, PROHIBITION AND RIGHTS OF WOMEN & CHILDREN 30. ness of Acts Related to Domestic Violence Point/Place of Lodging Complaints of Domestic Violence ness of Provisions on Dowry Prohibition Circumstances for Claiming Maintenance (Hindu Wife) Right of Widow to Claim Maintenance (Hindu Wife) ness Regarding Legal Age for Marriage ness Regarding Penalties for Child Marriage Penalties for Employing Child Labour ness that Sexual Offences Against Children are Punishable under Law Actions Treated as Sexual Offences Against Children ness of Separate Law for Care & Protection of Children/Juveniles PROTECTION OF VULNERABLE GROUPS, MARGINALIZED & WEAKER SECTIONS ness of Law for Prevention of Atrocities on SCs and STs ness that Practice of Bonded Labour System is Illegal & Punishable ness of Key Provisions for Abolition of Bonded Labour ness of Right of Maintenance for Parents & Senior Citizens ness of Provisions for Maintenance for Parents & Senior Citizens LABOUR SECURITY, WELFARE AND MAINTENANCE ness of Provisions for Equal Wages for Equal Work for Men & Women ness of Provisions of Maternity Benefits to Working Women {12}

14 Sl. No. Parameters/Variables GOOD GOVERNANCE Baseline Value (%) SC/ST OBC GEN MINORITY Average 48. Quantity of Entitlements under the Public Distribution System ness of Law for Protection of Interests of Consumers Knowledge of Common Complaints Admissible for Relief under Consumer Protection Law 51. ness of Right to Information Act Knowledge of Critical Provisions under RTI SOCIAL SECURITY, INSURANCE & FINANCIAL INCLUSION Indira Gandhi National Old Age Pension Scheme (IGNOAPS) Indira Gandhi National Widow Pension Scheme (IGNWPS) National Family Benefit Scheme (NFBS) Indira Gandhi National Disability Scheme National Health Insurance Scheme Janani Suraksha Yojana (JSY) {13}

15 1. INTRODUCTION 1.1 Background Around one-third of India s population have no formal education. Most of them live in rural areas, with social & economic barriers playing an important role in keeping the lowest strata of society illiterate. Even literates in the country are often helpless & confused in the face of a violation or infringement of a right enforceable in law/or entitlements under specific programs/schemes. It is a widely accepted fact across the country that most citizens are ignorant of their legal rights, human rights, civil liberties, constitutional mandates, specific entitlements through schemes/programs and other laws of the land aimed at defending & protecting our dignity, freedom, right to equality and access to justice. The Possible Solution The Indian society is filled with various categories of persons whose rights are violated regularly vulnerable groups, including schedules castes & scheduled tribes, women, children and the disabled. Many groups are historically oppressed and denied mainstream opportunities or are unable to function as the main-stream does. Majority of such groups are unable to take action to remedy their situation because they are not even aware that they are assured certain rights. Under the situation, one often wonders about the possible options for bringing about a qualitative change at the grassroots level; and in improving the level of awareness among citizens so as to facilitate a transparent and accountable governance system truly based on the Rule of Law. Many experts believe that improving the level of legal literacy might be the possible alternative to this issue. When citizens, particularly marginalized or underprivileged groups, know what the law has to offer them, they can recognize and challenge injustices much more forcefully. The first step towards that knowledge of law, which can transform people's lives, is legal literacy. In doing so, it is essential to use this knowledge as a tool for vulnerable groups to be able to understand Most often it happens that the poor, the deprived or the exploited of the country remain poor and deprived and are unable to seek redress simply because they are not aware of the rights they are guaranteed and the remedies that are available. --- Justice Y.K. Sabharwal (Former Chief Justice of India) Improving Legal Literacy can be crucial in enabling citizens in becoming aware of their rights and empowering them to fight for their rights. and critique the law, to familiarize themselves with the scope of their rights under the law, and eventually to assert their rights as a means to take action and bring in change. {1}

16 1.2 Pilot Project of Legal Literacy in Barabanki Final Report Based on some of its experiences in other States of the country, the Ministry of Law & Justice, Government of India (DoJ), under the UNDP assisted Access to Justice (A2l) Project has commissioned Deen Dayal Upadhayay State Institute of Rural Development (SIRDUP), Lucknow to conduct a Pilot Project of Legal Literacy in District Barabanki. The objective of the pilot is two-fold, namely (i). spreading legal literacy and awareness among general masses to access formal justice delivery system; and (ii). to avail various entitlements created by the Government of India GoI and/or the State Government through various social legislations, laws & rules and the like. The coverage of the Legal Literacy Project spans 10 Development Blocks in district Barabanki of Uttar Pradesh. The coverage of the Legal Literacy Project spans 10 Development Blocks in district Barabanki of Uttar Pradesh, as elucidated below Block Banki : 62 Gram Panchayats 2. Block Masauli : 48 Gram Panchayats 3. Block Dewa : 79 Gram Panchayats 4. Block Harakh : 65 Gram Panchayats 5. Block Fatehpur : 87 Gram Panchayats 6. Block Haidergah : 59 Gram Panchayats 7. Block Sidhaur : 77 Gram Panchayats 8. Block Nindura : 78 Gram Panchayats 9. Block Trivediganj : 59 Gram Panchayats 10. Block Ramnagar : 72 Gram Panchayats In order to institutionalize an efficient and effective implementing mechanism, SIRDUP commissioned Awadh Research Foundation (ARF), Lucknow as a Consultant for providing support to the Access to Justice (A2J) Project in Barabanki. The scope of the consultancy involved three specific activities, as presented below Conducting a Baseline Study for Gap Identification and Needs Assessment. 2. Preparing/customizing (i). Training & Capacity Building Materials & Modules ; and (ii). IEC Materials & IEC Strategy for the A2J Project. 3. Facilitating the Validation & Finalization of (i). Training & Capacity Building Materials & Modules; and (ii). IEC Materials & IEC Strategy for the A2J Project. 1.3 Baseline Study for Gap Identification & Needs Assessment To begin with, the assignment involved undertaking a Baseline Study across the project area. The study focused its attention on the following, namely Assessing the level of legal, procedural & entitlement awareness among masses. 2. Identifying gaps hindering the spread of legal literacy among the masses. 3. Demarcating benchmarks with regard to various aspects. {2}

17 The Approach The study involved the following specific activities, namely Conducting a Quick Listing exercise in all the villages selected for the study; 2. Conducting In-depth Interviews (IDIs) with households/families; 3. Conducting Focus Group Discussions (FGDs) at the Gram Panchayat (GP) level; and 4. In-depth Discussions with functionaries/representatives from various spectrums across various levels district, block, down to the village level. Study Sample The sampling plan adopted for the study was in conformity to the stipulations articulated in the terms of reference (ToR) designed for the assignment by the program managers at the Deen Dayal Upadhayay State Institute of Rural Development (SIRDUP), Lucknow. In doing so, the sampling plan adopted for the baseline study was as elucidated below A total of 4 blocks (out of the 10 A2J Project blocks) in Barabanki were selected for the study. In doing so, Literacy Rate and Proportion of Most Deprived Sections of the community (SC/ST Population) were taken as the surrogate measure for selection of the blocks. From the blocks thus identified, 10 Gram Panchayats (GPs) were selected in each of the four selected blocks using the simple random sampling method. Thus, the study covered a total of 40 GPs (10 GPs per block x 4 blocks) across district Barabanki. In each GP thus identified, the research team carried-out a quick listing exercise of 50 households for the study. From the list thus prepared, 20 Households were selected for detailed survey and in-depth interviews (IDIs) in each of the 10 GPs selected for the study. Thus, the study cover a total of 800 Households (200 Households per Block) in district Barabanki. During the course of the identification of the respondent households, due care was taken to ensure adequate representation (minimum one-third) to various respondent categories, including women, minorities and marginalized & deprived (BPL) sections of the society. Study Instruments The study process involved the collection of information through the following instruments, designed specifically for the purpose 1. Listing Sheet 2. Household Questionnaire 3. Focus Group Discussion (FGD) Sheet {3}

18 1.4 Issues Probed During the course of the baseline study, it was our endeavour to focus our attention on assessing the level of awareness and knowledge of the respondents regarding various Constitutional & legal safeguards (including laws, procedures and enactments), rights, duties, entitlements and the like. Specifically, the following issues were probed in depth during the course of the study Constitutional & Legal Safeguards : A. Fundamental Rights (Articles 14-32) B. Fundamental Duties (Article 51 A) C. Equal Justice, Free Legal Aids Part IV Article 39-A D. The Legal Services Authorities Act, 1987 E. First Information Report (FIR) Section 154 of CRPC, 1973 F. Arrest (Section 41 of Cr. P.C, 1973) and Detention G. Bail (Section 436 of Cr. P.C, 1973) 2. Women s Security, Welfare and Maintenance : A. The Dowry Prohibition Act, 1961 B. Protection of Women from Domestic Violence Act, 2005 C. The Married Women s Property Act, 1874 D. The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 E. The Indecent Representation of Women (Prohibition) Act, 1986 F. The Immoral Traffic (Prevention) Act, 1956 G. The Pre-Natal Diagnostic Techniques (Regulation and Prevention of misuse) Act, Children s Security, Welfare and Maintenance : A. The Prohibition of Child Marriage Act, 2006 B. The Protection of Children from Sexual Offences Act, 2012 C. The Right of Children to Free and Compulsory Education Act, 2009 D. Juvenile Justice (Care and Protection of Children) Act, 2000 E. The Child Labour (Prohibition & Regulation) Act, Protection of Vulnerable Groups, Marginalized & Weaker Sections : A. The Scheduled Castes and Tribes (Prevention of Atrocities) Act, 1989 B Maintenance and Welfare of Parents and Senior Citizens Act, 2007 C Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 D The Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 {4}

19 5. Labour Security, Welfare and Maintenance : Final Report A. The Bonded Labour System (Abolition) Act, 1976 B. The Equal Remuneration Act, 1976 C. The Maternity Benefit Act, 1961 D. The Minimum Wages Act, 1948 E. The Unorganized Workers Social Security Rules, 2009 F. The Mahatma Gandhi National Rural Employment Guarantee Act, 2005 (MGNREGA) 6. Good Governance : A. Public Distribution System and Food Security B. U. P. Janhit Guarantee Adhiniyam, 2011 C. Right to Information Act, 2005 D. The Consumer Protection Act, 1986 E. The Uttar Pradesh Lokayukta and UP-Lokayukta Act Social Security, Insurance & Financial Inclusion : A. Janani Suraksha Yojna B. Indira Awaas Yojna (IAY) C. Integrated Child Development Services (ICDS) Scheme D. Mid Day Meal Schemes (MDM) E. Schemes of Pre-Matric and Post Matric Scholarships for SC/ST, OBC, Disabilities Students F. Indira Gandhi National Widow Pension Scheme G. Indira Gandhi National Disabled Persons Pension Scheme H. Indira Gandhi National Old Age Pension Scheme I. Rashtriya Swasthya Bima Yojna (RSBY) J. Pradhan Mantri Jan Dhan Yojana (PMJDY) K. AADHAAR Card {5}

20 CHAPTER 2 Final Report RESPONDENT PROFILE The socio-economic profile of the respondents is dominated by disadvantaged and underprivileged sections of the rural society. Majority of the respondents are socially and economically poor, occupationally low-earning and educationally backward women. This chapter elaborates upon the caste, demographic, occupational and educational profile of the beneficiaries. 2.1 Caste Composition The perusal of caste affiliation of the survey respondents reveals that more than two-fifth (41 percent) of them hailing from the traditionally marginalized scheduled castes, 38 percent from the backward castes and 12 percent to the minorities (Table-1). The remaining (9 percent) of the respondents belong to the general category. Table-1 : Caste-wise Profile of Respondents Particular Proportion (%) [n = 800] General 88 (11%) OBC 272 (34%) SC/ST 288 (36%) Minorities 152 (19%) 2.2 Gender Profile During the course of the baseline survey, specific attempts were made to ensure that females and males were equally represented in the sample. A detailed gender-wise analysis of the profile of the respondents covered during the study indicates that while slightly more than one-half (54%) of the respondents were males, while the remaining (46%) were females (Table-2). Table-2 : Gender Profile of Respondents Particular Proportion (%) [n = 800] Males 54% Females 46% 2.3 Demographic Profile An analysis of the age-wise distribution of the respondents for the baseline survey reveals a fair representation from all age groups. While slightly less than one-third (32 percent) of them are presently in the age group of 26 to 35 years, another 29 percent of the beneficiaries are between years. There is also a reasonably decent representation of the elderly population among the respondents with 6 percent of them being more than 55 years of age. Table-3 : Age-wise Distribution of Respondents Age Cohort (in years) Proportion (%) [n = 800] % % % % % > % Significantly, almost 15 percent of the beneficiaries represent the younger population of the society being in the age group of 18 to 25 years (Table-3). {6}

21 2.4 Educational Attainments An analysis of the educational attainments of the respondents interviewed during the survey reveals a fair representation of all educational groups with around one-third (30%) of them being completely illiterate and a small proportion (9%) being barely literate (having received only non-formal education). Final Report Table-4 : Educational Attainment of Respondents Level of Completed Education % [n = 800] Illiterate 30% Literate but No Formal Education 9% Less than Primary 2% Primary (5 th Standard) 14% Middle School (8 th Standard) 18% A small and extremely significant High School (10 th Standard) 9% proportion (11%) of the respondents were found to be either graduates or postgraduates. Intermediate (12 th Standard) Graduate 7% 7% An overview of the Post Graduate/Professional Degree/Diploma 4% educational attainments of the respondent households covered during the course of the baseline study have been presented alongside (Table-4). 2.5 Occupational Profile Analysis of the survey data reveals that slightly less than one-third (32%) of the respondents have agriculture as their primary occupation, while another 15 percent are agricultural labourers. A small, proportion (7%) of the respondents were construction labourers, who work in nearby urban areas, while another 5 percent of them were found to be self employed (artisans, petty traders, shopkeepers and the like). Table-5 : Primary Occupation of Respondents Occupation % [n = 800] Agriculture 32% Agricultural Labour 15% Construction Labour 7% Self Employed 5% Household Work 23% Students 7% Others 11% Although less than one-fourth (23%) of the total women respondents (interviewed during the course of the survey) reported household chores as their primary occupation, the remaining were found engaged in either agriculture or agricultural labour as their primary occupation. Further, another small (yet extremely significant) proportion (7%) of the respondents were students out of which, 4 percent were found pursuing post-graduation/ professional courses and the remaining (3%) had completed their graduation and were presently preparing for higher education (Table-5). {7}

22 CHAPTER 3 Final Report CONSTITUTIONAL AND LEGAL SAFEGUARDS The Legal Literacy Campaign in Uttar Pradesh under the Access to Justice (A2J) Project aims at spreading legal literacy and awareness among general masses to, so as to enable them in accessing the formal justice delivery system; and to avail various entitlements created by the Government of India and/or the State Government through various social legislations, laws & rules and the like. In light of his fact, it is crucial for the programme managers to ascertain the level of awareness among the citizens regarding various legislations, rules, laws & entitlements so as to enable them in identifying the critical gaps and to design a strategy for bridging the same. This chapter dwells upon the levels of awareness of the respondents across various social categories and gender regarding various Constitutional and Legal Safeguards envisaged in our system, including their fundamental rights; fundamental duties; equal justice; free legal aid; first information report (FIR); arrest, detention and bail. 3.1 Fundamental Rights [Article 14 32] The Fundamental Rights, Directive Principles of State Policy and Fundamental Duties are sections of the Constitution of India that prescribe the fundamental obligations of the State to its citizens and the duties of the citizens to the State. These sections comprise a constitutional bill of rights for government policy-making and the behaviour and conduct of citizens. These sections are considered vital elements of the constitution, which was developed between 1947 and 1949 by the Constituent Assembly of India. The Fundamental Rights are defined as the basic human rights of all citizens of the country. These rights apply irrespective of race, place of birth, religion, caste, creed or sex. They are enforceable by the courts, subject to specific restrictions. An analysis of the data collected during the course of the baseline survey reveals an extremely disappointing scenario with merely 18 percent of the respondents having any knowledge of the term Constitution (Table-6). Out of this, only around 10 percent of the respondents were actually able to articulate the actual significance of the Constitution. Table-6 : Heard About term Constitution? Particular Yes No Total Male Female Total The respondents who indicated some awareness regarding the Constitution and its importance, were further probed about their awareness regarding various Fundamental Rights enshrined therein. In doing so, efforts were made by members of the research team to assess the level of awareness and knowledge among the respondents regarding various rights defined under the Fundamental Rights in the Indian Constitution, including the following : Right to Equality (Articles 14 16); Right to Freedom (Articles 19 22); Right against Exploitation (Articles 23 24); Right to Freedom of Religion (Articles 25 28); Cultural and Educational Rights (Articles 29 30); and the Right to Constitutional Remedies (Article 32). {8}

23 Table-7 : ness/knowledge about Fundamental Rights --- Male vs. Female Legal Provisions/Entitlements [Articles 14 to 30] Yes Obs. Males (n=432) Somewhat Completely Unaware Yes Obs. Females (n=368) Somewhat Completely Unaware Equality before Law [Article 14] Prohibition of Discrimination on Grounds of Religion, Race, Caste, Gender or Place of Birth [Article 15] Equality of Opportunity in Matters of Public Employment [Article 16] Prohibition to Practice Untouchability [Article 17] Freedom of Speech and Expression [Article 19] Protection of Life & Personal Liberty [Article 21] Right to Education [Article 21-A] Prohibition of Traffic in Human Beings & Forced Labour [Article 23] Prohibition of Employment of Children in Any Hazardous Employment [Article 24] Freedom of Conscience and Free Profession, Practice and Propagation of Religion [Article 25 to 28] Right of Minorities to Establish and Administer Educational Institutions [Article 30] An analysis of the data collected during the course of the baseline survey reveals a dismal situation with a significant proportion of the respondents (both males and females) expressing their complete ignorance regarding the most of the rights (Table-7). It is only five rights {namely the Right to Equality before Law [Article 14], the Freedom of Speech & Expression [Article 19], the Protection of Life & Personal Liberty [Article 21], the Right to Education [Article 21-A] and the Freedom of Free Profession, Practice & Propagation of Religion [Article 25 to 28]} that managed to elicit some degree of awareness on behalf of the respondents. In majority of the other cases, the level of awareness & knowledge of the respondents was almost negligible as is evident from the figures provided alongside (Figures: 1a and 1b). {9}

24 Right to Education [Article 21-A] Prohibition of Traffic in Human Beings & Forced Labour [Article Prohibition of Employment of Children in Any Hazardous Freedom of Conscience and Free Profession, Prac Right of Minorities to Establish and Administer 3% 7% 2% 2% 39% 16% 45% 34% 15% 51% 21% 6% 90% 73% 96% Equality before Law [Article 14] Prohibition of Discrimination on Grounds of Religion, Race, Cas Equality of Opportunity in Matters of Public Employment Prohibition to Practice Untouchability [Article 17] Freedom of Speech and Expression [Article 19] Protection of Life & Personal Liberty [Article 21] 6% 2% 3% 13% 3% 5% 4% 43% 56% 10% 34% 16% 17% 51% 67% 95% 84% 91% Final Report Even regarding those rights which the respondents were able to identify and articulate to the enumeration team members, the depth of knowledge was found to be lacking in most cases. For instance when the respondents who had indicated some awareness regarding the Right to Education [Article 21-A] were requested to explain the details, most of them mentioned that it provides for free school education, mid-day Figure-1a : ness/knowledge about Fundamental Rights [Articles 14-21] Yes Somewhat Completely Unaware meals and free text books & uniforms for their children. Almost none of the respondents was found to be aware about the specific provisions governing this right that of the right to obtain free and compulsory education for all children in the age group of six to fourteen years upto the elementary level and the fact that the provisions are applicable for both government schools, as well as various un-aided/private schools. The lack of knowledge regarding their fundamental rights was exemplified by the fact that when probed about the rights pertaining to prohibition of discrimination on grounds of religion, race, caste, gender or place of birth [Article 15] and the prohibition on practicing untouchability [Article 17], majority of the respondents across all categories and gender were candid enough to admit that they had no idea that both these acts are prohibited. Smt. Sugna Devi (a native of Gram Figure-1b : ness/knowledge about Fundamental Rights [Articles 21A-30] Yes Somewhat Completely Unaware Panchayat Tera Kalan, Dewa Block, Barabanki) mentioned: We always believed that these are unwritten social norms that one has to abide by ---- we have no idea that there is any specific law in this regard. {10}

25 To abide by the Constitution & respect is ideals & institution, the National Flag and the National Anthem To cherish & follow the noble ideals which inspired our national struggle for freedom To uphold and protect the sovereignty, unity and integrity of India To defend the country & render national service when called upon to do so To promote harmony & spirit of common brotherhood, to renounce practices derogatory to the dignity of women Final Report 3.2 Fundamental Duties [Article 51-A] The Fundamental Duties of citizens were added to the Constitution by the 42nd Amendment in 1976, upon the recommendations of the Swaran Singh Committee that was constituted by the government earlier that year. Originally ten in number, the Fundamental Duties were increased to eleven by the 86th Amendment in 2002, which added a duty on every parent or guardian to ensure that their child or ward was provided opportunities for education between the ages of six and fourteen years. The other Fundamental Duties obligate all citizens to respect the national symbols of India, including the Constitution, to cherish its heritage, preserve its composite culture and assist in its defence. They also obligate all Indians to promote the spirit of common brotherhood, protect the environment and public property, develop scientific temper, abjure violence, and strive towards excellence in all spheres of life. Citizens are morally obligated by the Constitution to perform these duties. However, the Fundamental Duties are non-justifiable, without any legal sanction in case of their violation or non-compliance. There is a reference to such duties in international instruments such as the Universal Declaration of Human Rights and International Covenant on Civil and Political Rights and Article 51-A brings the Indian Constitution into conformity with these treaties. An analysis of the information collected during the course of the baseline survey indicates that both male and female possess a reasonably decent awareness regarding their duty to respect the National Flag and National Anthem and to defend their country (and render national service) when called upon to do so. However, regarding all the other components pertaining to the Fundamental Duties, the overall level of awareness and knowledge of the respondents was observed to be almost negligible (Table-8). Figure-2a : ness/knowledge about Fundamental Duties (Article 51-A) 68% 91% 90% 56% 36% 24% 8% 0% 9% 6% 4% 8% 0% 7% 93% Yes Somewhat Completely Unaware {11}

26 Table-8 : ness/knowledge about Fundamental Duties --- Male vs. Female Legal Provisions/Entitlements [Article 51-A] Yes Obs. Males (n=432) Somewhat Completely Unaware Yes Obs. Females (n=368) Somewhat Completely Unaware To abide by the Constitution & respect its ideals & institution, the National Flag and the National Anthem To cherish & follow the noble ideals which inspired our national struggle for freedom To uphold and protect the sovereignty, unity and integrity of India To defend the country & render national service when called upon to do so To promote harmony and spirit of common brotherhood amongst all the people of India transcending religious, linguistic and regional and sectional diversities; to renounce practices derogatory to the dignity of women To value & preserve the rich heritage of our composite culture To protect and improve the natural environment including forests, lakes, rivers & wildlife and to have compassion for living creatures To develop the scientific temper, humanism & spirit of inquiry & reform To safeguard public property and to abjure violence To strive towards excellence in all spheres of individual and collective activity so that the nation constantly rises to higher levels of endeavour and achievement To provide opportunities for education to his child or, as the case may be, ward between the age of six and fourteen years (86 th Amendment Act, 2002) ` {12}

27 To value & preserve the rich heritage of our composite culture To protect natural environment and have compassion for living creatures To develop the scientific temper, humanism & spirit of inquiry & reform To safeguard public property and to abjure violence To strive towards excellence in all spheres of individual/collective activity To provide opportunities for education to his child/ward between the age of 6-14 yrs. Final Report As is evident from the figure presented below, the findings of the baseline survey suggests that there is hardly an awareness/knowledge among the masses regarding most of the fundamental duties be it preserving the heritage of the nation s composite culture; protecting the natural environment; developing scientific temper; safeguarding public property and abjuring violence (Fig.-2b). In majority of the cases, the respondents were of the opinion that all these were the responsibility of the government. Figure-2b : ness/knowledge about Fundamental Duties (Combined) Yes Somewhat Completely Unaware 100% 100% 86% 85% 63% 29% 11% 3% 7% 8% 0% 0% 8% 0% 0% 30% 10% 60% Even when probed about their awareness regarding heir du of providing education for their children/wards, less than one-third of the respondents had actually heard about this fundamental duty. Alhough most of the other respondents accepted that it was their moral responsibility to get their children/wards educated, yet they re-iterated that on the whole, it was largely the duty of the government to take care of this issue. 3.3 F.I.R., Arrest and Bail During the course of the survey, it was our endeavor to study the level of awareness and knowledge of the respondents (across various categories of gender and social milieu) regarding the crucial provisions pertaining to filing of first information reports (FIRs), arrests and bail. In doing so, the responses emanating subsequent to the analysis of the data, have been discussed below in greater detail. {A}. Filing a First Information Report (F.I.R.) 1. ness Regarding F.I.R. Majority of the respondents (across all socio-economic groups covered during the base-line survey) were found to understand the meaning and relevance of a first information report, as is evident in the matrix given alongside (Table-9). An overwhelming majority (92%) of the males interviewed during the Particular Table-9 : About F.I.R.? Yes Somewhat Not Total Male Female Total 702 (88%) 40 (5%) 58 (7%) 800 (100%) survey could clearly articulate the meaning and relevance of a FIR with most of them being well aware that if required, one can file a first information report at the police station that is nearest to the place of incident. An almost similar level of awareness was observed among the women respondents as well with 83 percent of them being reasonably well aware about this aspect. {13}

28 However, this is as far as one can get with regard to the level of awareness among the respondents regarding the provisions for filing an FIR. Regarding all the finer aspects, such as the possible alternatives in case of refusal by the police to lodge a complaint, the process of filing an FIR, the critical issues that one must mention in her/his complaint, etc. it was 92% 83% Yes 13% 5% 4% 3% Somewhat Not Male Female observed that the level of awareness was largely poor even among the relatively educated respondents. 2. Process of Lodging a F.I.R. All the respondents who indicated some awareness regarding the filing of a FIR were further probed about the various processes involved in the same. In doing so, it was revealed that slightly more than one-half (51%) of the respondents were aware of the fact that a FIR can be registered even another person on behalf of the actual complainant. While another 24 percent of the respondents mentioned that they had some idea of this provision, the remaining however, were candid enough to accept that they had no knowledge of the same. ness of Various Provisions Regarding FIR That in case a person is unable to travel to the nearest police station, she/he can still file a complaint by sending another person to do so on his/her behalf Table-10 : How to Lodge a FIR? {Male-Female Combined/N=742} Yes (%) Somewhat (%) Not (%) Total 51% 24% 25% 100% That a FIR can be in written form 83% 11% 6% 100% That a FIR can be both in written and oral form 60% 17% 23% 100% That in case of an oral complaint, the police has to read out the matter to the complainant That a complainant has the right to get his/her complaint modified in case the facts mentioned in the FIR are incomplete/incorrect That one must never put his/her signature/ thumb impression on a complaint that is incomplete/incorrect That in case the police refuses to file a complaint, the same can be sent directly to the Superintendent of Police through registered post 36% 10% 54% 100% 45% 20% 35% 100% 47% 31% 22% `100% 31% 22% 47% 100% {14}

29 Regarding the nature of a FIR, it was heartening to note that a healthy three-fifth (60%) of the respondents were aware that it can either be in written or oral form. However, very few of them were actually aware of their rights when filing an oral report such as asking the concerned police officer to read out the matter; or to get the complaint modified in case the facts mentioned in the FIR are incomplete/incorrect. In fact, more than one-half (54%) of the respondents mentioned that they were completely ignorant of the fact that it is their right to request the concerned police officer to read out the entire complaint after it has been written and to make the requisite changes as deemed necessary by the complainant (Table-10). {B}. Rights of a Citizen when Faced with an Arrest During the course of the survey, an attempt was made to assess the status of awareness of the respondents regarding their rights when faced with an arrest. In doing so, it was revealed that although a majority (79%) of them are actually aware that it is the right of every person being arrested to know the grounds for the same, the level of knowledge pertaining to other related rights is quite appalling to say the least (Table-11). Table-11 : ness of Rights when Faced with Arrest {N=800} ness of Rights When Faced With Arrest Yes (%) Somewhat (%) Not (%) Total It is the right of every person being arrested by the police to know the grounds for the same It is the right of every person being arrested to be informed whether the nature of crime (bailable/non-bailable) That, policemen must wear visible & legible identification when arresting a person and when carrying out interrogation. 79% 14% 7% 100% 43% 14% 43% 100% 15% 7% 78% 100% A person arrested must be produced before a Judicial Magistrate/Judge within 24 hours of his/her arrest It is illegal to keep an accused in police custody for more than 24 hours without permission of the Judicial Magistrate/Judge 37% 18% 45% 100% 32% 16% 52% `100% No woman cannot be arrested between sunset & sunrise 3% 6% 91% 100% A woman accused cannot be kept in a male lock-up 48% 11% 41% 100% In case it is necessary to question a woman, the same can be done only at her home and no-where else {It is the right of a woman to refuse to go to the police station for questioning} It is the right of a citizen to insist for a copy of a written order in case he/she is called to the police station for questioning 0% 3% 97% 100% 0% 0% 100% 100% It is illegal to take an adolescent (under 15 years of age) to the police station for questioning 16% 19% 65% 100% {15}

30 In fact, less than one-half (43%) of the respondents were actually found to be aware of the fact that it the right of every person being arrested to be informed whether the crime is bailable or non-bailable. Remarked Shri. Om Prakash Dixit (a 65 years old native of village Ranapur, Block, Haidergarh) : अऩय ध ज़भ नत ह म फपय ग य ज़भ नत, म ज नन हभ य अधधक य ह, ऐस हभ भ स श मद ह फकस क ऩत ह --- हभ त फस म ज नत ह फक एक फ य ज र ह गम, त अऩय ध क स ब ह, व मक त क ऩ य ज़ज़ दग क र ट-कचहय औय वक र क चक कय भ ग जय ज न ह. ऩ लरस क अऩन अधधक य जत कय ऩय श न थ ड़ ह भ र र न ह -- अगय अधधक य जत न रग, त न ज न फकतन औय क स द मय ह ज ए. Further, with regard to their awareness of the fact that an arrested person must be produced before a Judicial Magistrate/Judge within 24 hours of his/her arrest, only slightly more than one-third (37%) of the respondents were found to have some knowledge, while almost one-half (45%) of them were found to be ignorant about this crucial right. The awareness of this right was found to be slightly higher among the educated respondent groups, as compared to the others. Regarding the rights of women when faced with detention and/or arrest, it was quite disappointing to observe that an ov erwhelming majority (91%) of the respondents (across all social and educational profiles) were completely ignorant of the fact that it was unlawful to arrest a woman between sunset and sunrise that is, after dusk. In fact, the only right that some of the respondents (48%) were actually aware of was that an arrested woman cannot be kept in a male lock-up/cell. The level of awareness of the respondents regarding the provisions of arrest for adolescents (children less than 15 years of age) was also quite low with less than one-fifth (16%) of them being actually aware that it illegal to take them to the police station for questioning regarding an alleged crime. {16}

31 {C}. Process for Obtaining Bail It was heartening to observe that all respondent categories taken together, a reasonably good proportion (76%) of the respondents were aware of the fact that it is the right of an arrested person to obtain bail for a bailable offence. Further, majority of them (72%) were also found to be aware that the police is authorized to sanction bail to an arrested person in case of a bailable offence (Table-12). Table-12 : ness of Process for Obtaining Bail {N=800} ness of Rights to Obtain Bail Yes (%) Somewhat (%) Not (%) Total Bailable Offence Right of an accused to obtain bail for a bailable offence 76% 10% 14% 100% Police is authorized to sanction bail for a bailable offence 72% 9% 19% 100% An accused has to provide his/her thumb impression/ signature on the bail application An accused might be asked to produce a collateral/ guarantor at the time of applying for bail 61% 18% 21% 100% 79% 12% 9% 100% Non-Bailable Offence The police cannot provide bail for a non-bailable offence 70% 11% 19% 100% It is the prerogative of the Judicial Magistrate/Judge to provide bail for a non-bailable offence 72% 16% 12% 100% It was heartening to observe that all respondent categories taken together, a reasonably good proportion (76%) of the respondents were aware of the fact that it is the right of an arrested person to obtain bail for a bailable offence. Further, almost four-fifth (79%) of the respondents were also found to be aware of the fact that a person appling for bail might be asked to produce a collateral/guarantor at the time of applying for bail. {D}. Provision of Free Legal Aid 1. ness Regarding Provision of Free Legal Aid As is evident from the matrix given alongside, the level of Respondent Yes awareness among the masses Category regarding the provision of free legal aid is extremely low with an overwhelmingly large proportion (88%) of the respondents being completely unaware about the same. Table-13 : ness of Provisions of Free Legal Aid Somewhat Not Total (n=800) Male 12% 5% 83% 432 Female 3% 2% 95% 368 Overall % 8% 4% 88% 100% Among those who claimed to possess some knowledge about this provision, the only aspect that was actually known to them was that free legal counsel is provided by the courts to those persons who are extremely poor and cannot afford the expenses of a legal case. {17}

32 2. ness Regarding Eligibility of Free Legal Aid The respondents who indicated some awareness regarding the Respondent Yes provision of free legal aid were Category probed in greater detail regarding their knowledge about the eligibility criteria laid down for the same. Table-14 : ness of Eligibility of Free Legal Aid Somewhat Not Total (n=96) Male 0% 0% 100% 77 Female 0% 0% 100% 19 Average 0% 0% 100% 100% In doing so, it was found that none of the respondents were actually aware about the type/category of persons who were entitled to avail free legal aid as is evident from the matrix presented below (Table-14). Fig. 2g : ness of Eligibility of Free Legal Aid 100% 100% 0% 0% 0% 0% Yes Somewhat Not Male Female {18}

33 3. ness Regarding Institutions Providing Free Legal Aid Regarding the various institutions established for providing free legal Yes Somewhat ness of aid to the masses, it was Specific Institution (%) (%) extremely disappointing to observe that all the District Legal Services Authority categories (of gender and social milieu) taken State Legal Services together, none of the Authority respondents evidenced High Court Legal an knowledge about the Services Committee existence of these Supreme Court Legal institutions an aspect Services Committee that warrants the urgent attention of the programme managers (Table-15). Table-15 : ness of Institutions Providing Free Legal Aid {N=800} Not (%) Total 0% 0% 100% 100% 0% 0% 100% 100% 0% 0% 100% 100% 0% 0% 100% 100% Fig. 2h : ness of Eligibility of Free Legal Aid 100% 100% 100% 100% 0% 0% 0% 0% 0% 0% 0% 0% District Legal Services Authority State Legal Services Authority High Court Legal Services Committee Supreme Court Legal Services Committee Yes (%) Somewhat (%) Not (%) {19}

34 AREAS OF CONCERN Final Report 1. Extremely poor awareness regarding the Constitution and its significance Scenario similar across all categories be it males, females, educated, uneducated, resourceful or deprived sections of the society. 2. Extremely poor awareness regarding most Fundamental Rights There is an urgent need to generate awareness among the masses regarding the following crucial fundamental rights that evidenced very little understanding and appreciation --- Prohibition to Practice Untouchability [Article 17] Prohibition of Traffic in Human Beings & Forced Labour [Article 23] Prohibition of Employment of Children in Hazardous Employment [Article 24] 3. Extremely poor awareness regarding most Fundamental Duties There is an urgent need to generate awareness among the masses regarding the following crucial fundamental duties enshrined under the Constitution, namely -- To value & preserve the rich heritage of our composite culture To protect and improve the natural environment including forests, lakes, rivers & wildlife and to have compassion for living creatures To develop scientific temper, humanism and spirit of inquiry & reform 4. Poor awareness regarding rights of citizens when faced with arrest It is imperative to create awareness among the masses regarding their rights when interacting with the police, especially at the time of detention and/or arrest --- Rights of women when faced with questioning, detention and/or arrest Rights of juveniles when faced with questioning, detention and/or arrest 5. Huge gap between the provision of Free Legal Aid and its awareness & knowledge among the masses Urgent need to generate awareness regarding the provisions of free legal aid Imperative to focus upon developing awareness among the community members regarding the eligibility criteria and institutions responsible for providing free legal aid. {20}

35 CHAPTER 4 Final Report PROTECTION, PREVENTION, MAINTENANCE, PROHIBITION AND RIGHTS This chapter dwells upon the levels of awareness of the respondents across various provisions pertaining to the protection, prevention, maintenance, prohibition and rights, with specific focus on the rights of women, children and adolescents. In doing so, the chapter dwells upon the level of awareness and appreciation among the masses regarding various legal provisions, including the Protection of Women from Domestic Violence Act, 2005; Dowry Prohibition Act, 1961; Protection and Maintenance of Women; Rights of Children and Juveniles; Prohibition of Child Marriage; Child Labour (Prohibition and Regulation); Protection of Children from Sexual Offences; and Juvenile Justice (Care and Protection of Children). 4.1 Protection of Women from Domestic Violence One of the key parameters of the baseline study was to assess the level of awareness and knowledge of the respondents regarding the crucial provisions pertaining to the protection of various rights pertaining to women. In doing so, specific focus was laid to study the level of understanding of the respondents (across various categories of gender, age and caste profiles) regarding he provisions on protection of women from domestic violence. 1. ness of Actions Related to Domestic Violence Analysis of the information collected during the course of the survey reveal an extremely poor level of understanding among the respondents with regard to the very concept of domestic violence (Table-16). Table-16 : ness of Acts Related to Domestic Violence {N=800} ness of Acts Related to Domestic Violence Yes (%) Somewhat (%) Not (%) Total Harassment, harm, physical violence aimed at forcing/ coercing a woman to meet any unlawful demand for dowry or other valuable items/proper, etc. Economic abuse (such as forcibly snatching one s earnings/ deprivation of all or an economic or financial resources including srtidhan, jointly owned properties, etc.) of a women member of the household Sexual abuse (including conduct of a sexual nature that abuses, humiliates, degrades or otherwise violates the dignity of women) Establish forced sexual relationship with any woman member of the family (including wife) without consent Verbal and emotional abuse (such as ridiculing, humiliating, name calling, repeated threats o cause physical pain/harm) 67% 24% 12% 100% 21% 15% 64% 100% 11% 12% 77% 100% 2% 5% 93% 100% 0% 3% 97% `100% {21}

36 As is evident from the matrix presented on the previous page, there appears to be an extremely low level of awareness and understanding among the masses regarding acts that may be deemed as domestic violence against women. One encouraging fact emerging from the survey is that reasonably decent proportion (67%) of the respondents appear to be aware of the fact that it is unlawful to cause harassment, physical violence or harm to women within the household (to force/ coerce them to meet unlawful demands for dowry/other valuable items/properties and the like). However, regarding all other aspects (such as economic abuse, forced sexual relationships, verbal and emotional abuse, etc.), the level of awareness among the respondents appears to be extremely poor, with majority of the respondents including men and women alike indicating that they consider these as matters intrinsic to the household and had nothing to do with the legal system whatsoever. Smt. Chandni Mishra (a graduate and a native of village Tera Kalan, block Dewa), remarked ironically : घय र हह स त फह त य ऩरयव य भ ह त ह -- हभ भहहर ए कय क म सकत ह?? अधधक स अधधक भ क (ऩ हय) चर ज त ह!! इसक क न स सभ ध न ह हभ य ऩ स?? क न न क न ज नत ह?? 2. Point/Place of Lodging Complaints Regarding the process of lodging complaints, majority of the respondents mentioned that in an extreme case of domestic violence, the only place where one can lodge a formal complaint is the nearest police station. Other than this, not a single respondent was found to be aware of the option of a service provider or protection officer (provided under the Protection of Women from Domestic Violence Act, 2005) as is evident from the matrix presented alongside (Table-17). Table-17 : ness of Process of Lodging Complaints {N=800} Where can one lodge a Domestic Violence complaint? Yes (%) Somewhat (%) Not (%) Total Nearest Police Station 73% 19% 8% 100% Office of Service Provider 0% 0% 100% 100% Office of Protection Officer 0% 0% 100% 100% {22}

37 3. Punishment under Domestic Violence Act An analysis of the information gathered during the course of the baseline survey indicates an extremely poor level of awareness among the masses regarding the punishment envisaged under the law for an act of domestic violence. Majority of the interviewed respondents believed that the only punishment for such an act could be a jail sentence. However, none of them could actually articulate the specific term of such a sentence or the other reliefs available to a person thereof. 4.2 Prohibition of Dowry 1. ness of Provisions on Dowry Prohibition Regarding the issue of prohibition of dowry, while most respondents (across both genders) were found to be largely aware that it is illegal to demand and/or to take dowry, hardly any one of the respondents were actually aware of the various provisions envisaged under the Dowry Prohibition Act. Table-18 : ness of Provisions on Dowry Prohibition {N=800} Provisions on Dowry Prohibition Yes (%) Somewhat (%) Not (%) Total Asking for and accepting dowry is punishable under law Giving dowry is also punishable under law Persons acting as middlemen in giving and/or accepting dowry are also liable to be punished under law Quantum of Penalty (jail term of upto 5 years and/or a fine of at-least Rs. 15,000/- or the amount of the value of dowry) 83% 11% 6% 100% 36% 15% 50% 100% 72% 21% 7% 100% 2% 7% 91% 100% In-depth probing during the course of the survey revealed ha majority (94%) of the respondents were largely aware that asking and accepting dowry is illegal and is punishable under law. However, less than two-fifth (36%) were found to be aware that the act of giving dowry is also punishable under law (Table-18). Regarding awareness of the quantum of penal/punishment prescribed under law for asking/accepting or giving dowry, an extremely poor (9%) of the respondents were found to have some idea in his regard while he majority (91%) had no knowledge regarding the same. 4.3 Protection and Maintenance of Women One of the major focus areas of the baseline study was to assess the level of awareness of the respondents regarding various provisions for the protection and maintenance of women. In doing so, separate attempts were made to study the awareness & knowledge of the masses with regard to both the Hindu Adoptions and Maintenance Act (1956), as well as, the {23}

38 Muslim Marriage Act. The findings of this effort have been discussed in the sub-section presented below. 1. Circumstances for Claiming Maintenance (Hindu Wife) All categories taken together, it was revealed that a reasonably decent proportion (61%) of the respondents were actually aware that it is the right of a Hindu woman to receive maintenance (for herself and her dependent children) from her husband in case of a divorce. However, the level of awareness regarding the other possible situations whereby a woman can legally claim maintenance for herself and her children, was observed to be extremely poor, as is evident from the matrix presented below (Table-19). Table-19 : Circumstances for Claiming Maintenance (Hindu Wife) {N=616} ness of Circumstances Yes (%) Somewhat (%) Not (%) Total Woman divorced or deserted by husband 61% 13% 26% 100% Woman living separately out of fear/apprehension of physical harm on account of cruelty by husband 7% 5% 88% 100% Husband guilty of extra-marital relationship 0% 0% 100% 100% Religious conversion by husband 0% 0% 100% 100% Husband has another wife living 0% 0% 100% 100% Husband has a concubine living in the same house as wife/habitually resides with concubine elsewhere 0% 0% 100% 100% Any other cause justifying living separately 0% 0% 100% 100% With regards to the rights of a widow to obtain/claim maintenance for herself and her dependent children (in case she is unable to maintain herself out of her own earnings or other property), it was revealed that very few of the respondents possessed some degree of awareness regarding this provision. Table-20 : Right of Widow to Claim Maintenance (Hindu Wife) {N=616} Right of Widow to Claim Maintenance (Hindu Wife) Right of widowed woman to obtain maintenance from estate of her husband Right of widowed woman to obtain maintenance from estate of her own father or mother Right of widowed woman to obtain maintenance from own son or daughter (if any) or his/her estate Right of widowed woman to obtain maintenance from father-in-law Yes (%) Somewhat (%) Not (%) Total 76% 11% 13% 100% 2% 7% 91% 100% 0% 0% 100% 100% 16% 27% 57% 100% {24}

39 An encouraging three-fourth (76%) of the respondents were found to be aware that a widowed Hindu woman had rights to seek maintenance from the estate/property of her departed husband. However, none of the respondents were aware of the fact that a Hindu widow was entitled to seek maintenance from her own parents or children (Table-20). Further, less than one-fifth (16%) of the respondents were found to be aware of the fact that in case a widowed woman is unable to maintain herself (out of her own earnings or other property), she is entitled to obtain maintenance from her father-inlaw as well. Although the level of awareness of the existence of a specific law to this effect was low among the various respondent groups, majority of them were candid enough to admit that such a system has always been in practice with widowed women being taken care of by their in-laws in the event of the unfortunate death of her husband. 4.4 Rights of Children and Juveniles During the course of the baseline study, it was our mandate to measure the level of awareness of the masses regarding the various rights pertaining to children and juveniles enshrined in our Constitution. The findings of this effort have been discussed in the subsections presented below. 1. ness Regarding Legal Age for Marriage All categories taken together, it was revealed Respondent Yes that majority (79%) of Category the respondents were aware about the legal age of marriage (that is 21 years for boys and 18 years for girls). Analyzed Table-21 : ness of Legal Age for Marriage Somewhat Not Total (n=800) Male 81% 12% 7% 432 Female 77% 9% 14% 368 Overall % 79% 11% 10% 100% separately, the level of knowledge was observed to be lower among women (77%) visà-vis the male (81%) respondents (Table-21). {25}

40 2. ness Regarding Penalties for Child Marriage An analysis of the information collected during the course of the baseline survey reveals that although majority of the respondents are reasonably aware that child marriage is punishable under law, the knowledge regarding specific deterrents, (such as the quantum of punishment, etc.) is extremely poor. All categories taken together, none of the respondents were found to be aware about the quantum of punishment provided under the law for abetting, solemnizing, permitting, or promoting child marriage as is evident from the matrix presented below (Table-22). Table-22 : ness Regarding Penalties for Child Marriage Penalties Yes Somewhat Not Total (n=800) 2 years rigorous imprisonment or Rs. 1 lakh penalty or both for a male adult marrying a child 2 years rigorous imprisonment or Rs. 1 lakh penalty or both for a person (including priest) solemnizing a child marriage 2 years rigorous imprisonment or Rs. 1 lakh penalty or both for a person (including parents/guardians)/ organization/ institution/association of persons promoting or permitting a child marriage 3% 1% 96% 100% 0% 0% 100% 100% 0% 0% 100% 100% 3. Child Labour (Prohibition and Regulation) Regarding the aspect of child labour, an analysis of the survey data Respondent Yes revealed that while more than two-third (67%) of Category the respondents were aware and sensitive to the fact it is wrong and illegal to employ children (less than 14 years of age) as labour (Table-23). Table-23 : ness of Prohibition of Child Labour Somewhat Not Total (n=800) Male 73% 15% 12% 432 Female 61% 10% 29% 368 Overall % 67% 13% 20% 100% However, many of the remaining respondents indicated that although they believed that it was improper to employ children as labour, yet they had little idea about the specific areas that prohibited the employment of children. {26}

41 Although slightly more than one-fourth (27%) of the inter-viewed respondents indicated some awar-eness that a person found employing children (< 14 years old) as labour could be arrested and imprisoned, yet none of them could actually articulate the quantum of the penalty. Final Report Further, none of the respondents seemed to be aware about the provision of imposition of fine in such a case as is evident from the matrix presented above (Table-24). 4. Protection of Children from Sexual Offences The Protection of Children from Sexual Offences Act, 2012 was drafted to specifically address the issue of sexual offences committed against children, which until then was tried under laws that did not differentiate between adult and child victims. The punishments provided in the law are stringent and are commensurate with the gravity of the offence. The offence is considered 'aggravated' if committed by a person in a position of authority such as a public servant or member of the security forces. The law defines a child as anyone below the age of 18 years and does not differentiate between a boy or girl child victim and includes not only penetrative assault under the ambit of sexual abuse but also includes visual, verbal and physical sexual abuse as well. Table-24 : Penalties for Employing Child Labour ness of Penalties Jail of 3 months to 2 years Fine of Rs. 10,000 30,000 Either or Both of the Above Yes Somewhat Not Total (n=800) 0% 27% 63% 100% 0% 0% 100% 100% 0% 0% 100% 100% Table-25 : ness that Sexual Offences Against Children are Punishable under Law Respondent Category Yes Somewhat Not Total (n=800) Male 94% 6% 0% 432 Female 88% 9% 3% 368 Overall % 91% 7% 2% 100% Fig. 3-c : ness that Sexual Offences Against Children are Punishable under Law {27}

42 During the course of the baseline survey, an effort was made to assess the level of understanding & awareness of the masses regarding various acts of sexual offence against children and their appreciation of the legal deterrents pertaining to the same. In doing so, an analysis of the data indicates that majority of the respondents (91%) are actually aware that sexual offences against children are punishable under law (Table-25). Further probing however revealed that majority of the respondents believed that only penetrative sexual assault was treated as a sexual offence under law. Extremely few of the respondents were found to be aware of the other acts that are considered to be offences under the law, including visual, verbal and non-penetrative physical abuse as is evident from the matrix presented below (Table-26). Table-26 : Actions Treated as Sexual Offences Against Children & Punishment Nature of Offences & Punishments Yes Somewhat Not Total (n=800) Penetrative Sexual Assault punishable with not less than 7-10 years of jail (and extendable to life imprisonment) and fine Sexual Assault without Penetration (act with sexual intent involving physical contact without penetration) punishable with not less than 3 years of jail (extendable to 5-7 years) and fine Sexual Harassment of Child punishable with not less than 3 years of jail and fine Use of Child for Pornographic Purposes punishable with 5-7 years of jail and fine 87% 12% 1% 100% 12% 9% 79% 100% 11% 13% 76% 100% 7% 5% 88% 100% 5. Juvenile Justice (Care and Protection of Children) The Juvenile Justice (Care and Protection of Children) Act, 2000 is the primary legal framework for juvenile justice in India. The Act provides for a special approach towards the prevention and treatment of juvenile delinquency and provides a framework for the protection, treatment and rehabilitation of children in the purview of the juvenile justice system. This law, brought in compliance of the 1989 UN Convention on the Rights of the Child (UNCRC), repealed the earlier Juvenile Justice Act of 1986 after India signed and ratified the UNCRC in This Act has been further amended in 2006 and One of the important mandates of the base-line survey was to assess the level of awareness & knowledge of the masses regarding the provision of a separate law for the care and protection of juveniles. In doing so, an analysis of Table-27 : ness of Separate Law for Care & Protection of Children/Juveniles Respondent Category Yes Somewhat Not Total (n=800) Male 21% 5% 74% 432 Female 12% 7% 81% 368 Overall % 17% 6% 77% 100% the data indicates an extremely low level of awareness among the respondents with only less than one-fourth (23%) having some degree of awareness regarding this crucial aspect. Majority (77%) of the respondents evinced a complete ignorance of the {28}

43 existence of such a separate law for the care & protection of children/juveniles in the country (Table-27). Fig. 3-d : ness of Separate Law for Care & Protection of Children/Juveniles The respondents who articulated some awareness regarding the law for care & protection of children/juveniles, were further probed about the various provisions enshrined therein. In doing so, it was extremely disappointing to note that the level of awareness regarding the same was extremely poor as is evident from the matrix presented below (Table-28). Table-28 : Provisions for Juvenile Justice (Care & Protection) Provisions Yes Somewhat Not Total (n=184) That it is mandatory for a policemen responsible for arresting a juvenile to be in plain clothes 7% 10% 83% 100% That an arrested juvenile cannot be handcuffed 5% 7% 88% 100% That an arrested juvenile cannot be put in lockup and/or jail That an arrested juvenile has to be presented before the Juvenile Justice Board within 24 hours of his/her arrest That all arrested juveniles have a right to obtain Free Legal Aid 10% 9% 81% 100% 14% 11% 75% 100% 9% 4% 87% 100% Majority of the respondents were candid enough to express their complete ignorance about the various provisions including the prohibition to handcuff (88%) and put a juvenile in police lock-up (81%). Further, an overwhelming majority (87%) of the respondents were also completely unaware of the provision of free legal aid for juveniles faced with charges of committing an offence. {29}

44 AREAS OF CONCERN 1. Negligible understanding of the concept of Domestic Violence Urgent need to hammer at the misconception that domestic violence is a part-and-parcel of the fabric of a household and that it has nothing to do with legal provisions. Imperative to focus at generating awareness regarding various institutions (service providers and protection officers) available for providing relief to victims. 2. Huge need to generate awareness regarding situations under which a woman can claim maintenance 3. Extremely poor awareness regarding sexual offences against children There is an urgent need to generate awareness among the masses regarding the following crucial issues, namely --- To generate adequate awareness among the community regarding actions that are liable to be treated as sexual offences against children Felt need to generate awareness regarding the deterrents and punishments for committing sexual offences against children 4. Extremely limited knowledge regarding provisions pertaining to the care and protection of juveniles, especially when faced with questioning, detention and/or arrest. {30}

45 CHAPTER 5 Final Report PROTECTION OF VULNERABLE GROUPS, MARGINALIZED & WEAKER SECTIONS This chapter dwells upon the levels of awareness of the respondents regarding various provisions related to the protection of vulnerable groups and marginalized & weaker sections of the society. In doing so, the chapter dwells upon the level of awareness and knowledge of the masses regarding various provisions, including the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act and Rules; the Rights of Forest Dwellers; and the Bonded Labour System (Abolition) Act, Prevention of Atrocities on Scheduled Castes & Scheduled Tribes The Scheduled Castes and Tribes (Prevention of Atrocities) Act, 1989 is an Act of the Parliament of India enacted to prevent atrocities against scheduled castes and scheduled tribes. The purpose of the Act is to assist the social inclusion of the scheduled castes and scheduled tribes into the Indian society. One of the key areas of focus of the baseline study was to assess the level of awareness & knowledge of the respondents regarding the various provisions pertaining to the prevention of prevention of atrocities on scheduled castes & tribes in the project area. In doing so, the findings of this effort have been discussed in the following sub-sections. 1. ness of Specific Legal Framework for Prevention of Atrocities on Scheduled Castes & Scheduled Tribes Regarding awareness of the prevention of atrocities on scheduled castes and tribes, it was heartening to observe that a majority of the respondents (91%) were largely aware about the existence of a specific legal frame-work for the protection of rights of the deprived sections of the society (Table-29). Table-29 : ness of Legal Framework for Prevention of Atrocities on SCs and STs Respondent Category Yes Somewhat Not Total (n=800) Male 73% 19% 8% 432 Female 69% 22% 9% 368 Overall % 71% 20% 9% 100% Fig. 4-a : ness of Legal Framework for Prevention of Atrocities on SCs and STs {31}

46 However, in-depth discussions revealed that extremely few of them were actually aware about the penalties/punishments prescribed for committing atrocities on members of the SC/ST households. 5.2 Abolition of Bonded Labour System There still exists in different parts of our country a system under which the debtor or his descendents have to work along with one or more than one member of the family for the creditor for a specified or an unspecified period without any market wage or without minimum wage notified by the Government in order to discharge a debt. This system originated from the uneven social structure characterized by feudal and semi-feudal conditions. It is an outcome of certain categories of indebtedness, like customary obligations, forced labour, begar or indebtedness which have been prevailing for a long time involving certain economically exploited, helpless and weaker sections of society. They agree to render service to the creditor in lieu of a debt. At times, several generations work under bondage for the repayment of a paltry sum, which had been taken by some remote ancestor, often at usurious rates of interest. This is an unequal exchange system which in its totality represents one of the worst violations of basic human rights and a disgrace to the dignity of labour. The issue of bonded labour came to fore-front at the national level when it was included in the erstwhile twenty-point programme on 1 st July, Thereafter, based on the Constitutional provision, the Bonded Labour System (Abolition) Ordinance was promulgated, which was subsequently replaced by the Bonded Labour System (Abolition) Act, The objective of the Act is to provide for the abolition of bonded labour system with a view to preventing the economic and physical exploitation of the weaker sections of the people and for matters connected therewith or incidental thereto. During the course of the baseline study, an attempt was made to assess the level of awareness of the respondents regarding the various provisions enshrined in the Bonded Labour System (Abolition) Act in the project area. In doing so, the findings of this effort have been discussed in the sub-sections presented below. 1. ness that Practice of Bonded Labour is Illegal Analysis of the information collected during the course of the baseline survey revealed that majority (80%) Respondent Yes Category of the respon-dents are actually aware of the fact that practice of bonded labour is illegal and is punishable under law (Table-30). Table-30 : ness that Practice of Bonded Labour System is Illegal & Punishable Somewhat 2. ness of Provisions under Law for Abolition of Bonded Labour The respondents, who evinced some degree of awareness about the existence of the law prohibiting bonded labour, were probed in greater detail regarding their knowledge and understanding of the key provisions under the same. In doing so however, it was revealed that their level of knowledge about the specific provisions was extremely limited. In fact, only a very small proportion (11%) of the respondents could actually articulate the quantum of punishment envisaged for practicing of bonded labour. Not Total (n=800) Male 59% 23% 18% 432 Female 47% 29% 24% 368 Overall % 54% 26% 20% 100% {32}

47 Further, their level of awareness pertaining to the other key provisions was also found to be negligible, as is evident from the matrix presented below (Table-31). 5.3 Maintenance and Welfare of Parents & Senior Citizens Maintenance and Welfare of Parents and Senior Citizens Act, 2007 is a legislation enacted in 2007, initiated by Ministry of Social Justice and Empowerment, Government of India to provide more effective provision for maintenance and welfare of parents and senior citizens. The Act makes it a legal obligation for children and heirs to provide maintenance to senior citizens and parents by monthly allowance. The Act also provides simple, speedy and inexpensive mechanism for the protection of life and property of the older persons. During the course of the baseline study, it was our endeavour to assess the level of awareness & knowledge of the respondents regarding the various provisions pertaining to the maintenance & welfare of parents & senior citizens in the project area. The findings of this effort have been discussed in the sub-sections presented below. 1. ness of Right of Maintenance for Parents & Senior Citizens An analysis of the information collected during the course of the Respondent Yes Somewhat Not baseline survey revealed Category that an over-whelming majority (98%) of the respon-dents were completely unaware about the existence of a separate Table-32 : ness of Right of Maintenance for Parents & Senior Citizens Total (n=800) Male 2% 1% 97% 432 Female 0% 0% 100% 368 Overall % 1% 1% 98% 100% provision for ensuring maintenance for senior citizens (including parents) who are unable able to maintain themselves from their own earnings or out of the property owned by them (Table-32). Fig. 4-b : ness of Right of Maintenance for Parents & Senior Citizens {33}

48 Table-33 : ness of Provisions for Maintenance for Parents & Senior Citizens Provisions That it is obligatory for children to maintain their parents/grandparents and also relatives of senior citizens to maintain such senior citizens (who are unable able to maintain themselves from their own earnings or out of the properties owned by them) That the term Children means all children (including sons, daughters, grandsons, grand-daughters) but does not include a minor That Parent means father or mother (whether biological, adoptive or step-father or step-mother) whether or not father or mother is a senior citizen That the term Relative means any legal heir of childless senior citizen who is not a minor and is in possession of or would inherit his property after his death That the term Maintenance includes provision for food, clothing, residence, medical attendance and treatment Yes Somewhat Not Total (n=16) 80% 6% 14% 100% 0% 1% 99% 100% 7% 11% 82% 100% 0% 0% 100% 100% 77% 15% 8% 100% The few respondents who evinced some degree of awareness regarding the rights of parents and senior citizens to seek maintenance from their kin/relatives, were further probed about their knowledge regarding the specific provisions. In doing so, it was extremely disappointing to observe that majority of the respondents were completely ignorant about the provisions as is evident from the matrix presented below (Table-33). AREAS OF CONCERN 1. Extremely poor awareness regarding Maintenance and Welfare of Parents & Senior Citizens There is an urgent need to generate awareness among the masses regarding the following crucial issues, namely --- To develop an empathy towards the rights of parents and senior citizens. To develop a better understanding and awareness regarding the provisions under which maintenance may be sought. {34}

49 CHAPTER 6 Final Report LABOUR SECURITY, WELFARE AND MAINTENANCE This chapter dwells upon the levels of awareness of the respondents regarding various provisions related labour security, welfare and maintenance. In doing so, the chapter dwells upon the level of awareness and knowledge of the masses regarding various provisions, including the right to receive Equal Wages for Equal Work; the Maternity Benefit Act, 1961; and the Mahatma Gandhi National Rural Employment Guarantee Act (MGNREGA), Equal Wages against Equal Work for Men and Women Article 39 of Constitution envisages that the State shall direct its policy, among other things, towards securing that there is equal pay for equal work for both men and women. To give effect to this constitutional provision, the Equal Remuneration Act was promulgated in the year The Act provides for payment of equal remuneration to men and women workers for the same work or work of similar nature and for the prevention of discrimination on grounds of sex. One of the mandates of the baseline study was to assess the level of awareness of the respondents regarding the various provisions pertaining to the payment of equal remuneration to men and women workers for the same work in the project area. In doing so, the findings of this effort have been discussed in the sub-sections presented below. 1. ness of Provisions for Equal Wages for Equal Work for Men & Women A heartening fact revealed during the course of the baseline survey was that a majority of the respondents (87%) were largely aware of the stipulation that men and women workers are entitled to receive equal wages for similar work undertaken (Table-34). Table-34 : ness of Provisions for Equal Wages for Equal Work for Men & Women Provisions That equal remuneration must be paid to men and women workers for the same work That women cannot be employed between 7 p.m. to 6 a.m. That women employees sand to receive allowances, bonus and other facilities similar to their male counterparts That violation of the stipulations under the Act is punishable wih3 months 1 year of imprisonment and fine of Rs. 10,000 to 20,000 Yes Somewhat Not Total (n=800) 74% 13% 13% 100% 0% 5% 95% 100% 23% 16% 61% 100% 0% 0% 100% 100% {35}

50 However, the level of awareness regarding other provisions stipulated under the Act was found to be extremely poor with majority of the respondents expressing their ignorance regarding issues such as prohibition of employing women after sunset and the quantum of punishment in case of violations, as is evident from the matrix presented on the previous page. 6.2 Provision of Maternity Benefits for Working Women The Maternity Benefit Act, 1961 regulates the employment of women in certain establishments for certain periods before and after child-birth and to provide for maternity benefit and certain other benefits. During the course of the baseline study, an attempt was made to assess the level of awareness and knowledge of the respondents across various categories with regard to the stipulations pertaining to the provision of maternity benefits to working women in the project area. In doing so, the findings of this effort have been discussed in the sub-sections presented below. 1. ness of Maternity Benefits for Working Women An analysis of the data collected during the baseline survey reveals extremely poor levels of awareness among the respondents regarding various provisions stipulated for maternity benefits to working women. In fact, only around one-fourth (24%) of the respondents were found to be aware that women working in an establishment for a continuous duration of 80 days are entitled to receive maternity benefits (Table- 35). Table-35 : ness of Provisions of Maternity Benefits to Working Women Provisions Yes Somewhat Not Total (n=800) That all women working in an establishment for a continuous duration of 80 days shall be entitled to receive maternity benefits That the maximum period for which any woman is entitled to maternity benefit is 12 weeks (of which not more than 6 weeks should precede the date of her expected delivery That no employer can knowingly employ a woman in any establishment during the 6 weeks immediately following the day of her delivery 24% 15% 61% 100% 2% 7% 91% 100% 0% 2% 98% 100% In fact, the awareness of the provision was found to be disappointingly low even among the educated/more literate respondents as is evident from the matrix presented above. {36}

51 AREAS OF CONCERN 1. Extremely poor understanding and appreciation of the need to provide adequate maternity benefits for working women There is an urgent need to generate awareness among the masses regarding the following crucial issues, namely --- Various entitlements and provisions related to maternity benefits for working women. Various options available to a person in case of non-provision of benefits by employer. {37}

52 CHAPTER 7 Final Report GOOD GOVERNANCE This chapter dwells upon various aspects related to good governance, with specific focus on the Public Distribution System; Right to Information Act, 2005; and the Consumer Protection Act, Entitlements under Public Distribution System A heartening fact revealed during the course of the baseline survey was that majority of the respondents appeared to be well aware of their entitlements under the public distribution system. Table-36 : ness of Entitlements under Public Distribution System ness of Entitlements Yes Somewhat Not Total (n=800) Quantity of Entitlements 88% 9% 3% 100% Price of Entitlements 41% 24% 35% 100% In fact, an overwhelming majority (88%) of the respondents were clearly able to articulate the quantity of entitlement for different categories of households under the PDS system (Table-36). However, when probed about the price of the entitlements, the awareness levels appeared to be quite low with more than one-third (35%) of them being candid enough to admit that they had little idea about the prices. 7.2 Consumer Protection The Consumer Protection Act, 1986 is an Act of the Parliament of India enacted in 1986 to protect interests of consumers in India. It makes provision for the establishment of consumer councils and other authorities for the settlement of consumers' disputes and for matters connected therewith. One of the mandates of the baseline study was to assess the level of awareness of the respondents regarding the various provisions pertaining to the protection of the interests of consumers. In doing so, the findings of this effort have been discussed in the sub-sections presented below. 1. ness of Law for Protection of Interests of Consumers An analysis of the data collected during the baseline survey reveals extremely poor levels of awareness among the Respondent Yes Somewhat respondents regarding the Category existence of a specific law to protect the interests of the consumers. In fact, majority (72%) of the respondents were found to be generally unaware Table-37 : ness of Law for Protection of Interests of Consumers Not Total (n=800) Male 18% 16% 66% 432 Female 12% 10% 78% 368 Overall % 15% 13% 72% 100% about the consumer protection law, with very few of them having heard the term itself (Table-37). {38}

53 Fig. 5-a : ness of Law for Protection of Interests of Consumers Those respondents who evinced some degree of awareness regarding the law pertaining to consumer protection, were probed further about their knowledge of the major provisions. In doing so, majority of them were found to be completely ignorant about even the most common instances when the law could provide relief to them as is evident from the matrix presented below (Table-38). Table-38 : Knowledge of Common Complaints Admissible for Relief under Consumer Protection Law Common Complaints Admissible for Relief under Consumer Protection Law Yes Somewhat Not Total (n=224) Treatment/health services availed from a doctor or hospital Procurement of seeds manufactured and sold by a company 4% 9% 87% 100% 0% 0% 100% 100% Availing admission t o an educational institution 0% 0% 100% 100% Opening of account in a bank or availing of related financial services from a bank Availing of services from an insurance company (life insurance/medi-claim/health insurance, etc.) Availing of postal services from the postal department 2% 1% 93% 100% 1% 7% 92% 100% 0% 0% 100% 100% 7.3 Right to Information The Right to Information Act (RTI) is an Act of the Parliament of India "to provide for setting out the practical regime of right to information for citizens" and replaces the erstwhile Freedom of information Act, {39}

54 Under the provisions of the Act, any citizen may request information from a "public authority" (a body of Government or "instrumentality of State") which is required to reply expeditiously or within thirty days. The Act also requires every public authority to computerize their records for wide dissemination and to proactively certain categories of information so that the citizens need minimum recourse to request for information formally. During the course of the baseline study, it was our endeavour to make an assessment regarding the basic awareness among the masses about this crucial Act. In doing so, the findings of this effort have been discussed in the sub-sections presented below. 1. ness of Right to Information Act An analysis of the data collected during the baseline survey reveals that slightly more than onefourth Respondent Category (26%) of the respondents had actually heard about the Right to Infor-mation Act. Another small, but significant 11 Table-39 : ness of Right to Information Act Yes Somewhat Not Total (n=800) Male 32% 17% 51% 432 Female 18% 5% 77% 368 Overall % 26% 11% 63% 100% percent mentioned that although they had heard about the Act, they were actually unsure about he exact provisions under the same. The remaining (63%) however, were candid enough to accept that they were ignorant about the Act and its provisions (Table-39). 2. Knowledge of Critical Provisions under RTI The respondents who evinced some degree of awareness regarding the Right to Information Act (RTI), were probed further about their knowledge of a few of the important provisions. In doing so, majority of them were found to be completely unaware about the same as is evident from the matrix presented below (Table-40). Table-40 : Knowledge of Critical Provisions under RTI Critical Provisions Yes Somewhat Not Total (n=296) That the concerned Information Officer is mandated to provide the solicited information within 30 days of filing of application by an applicant That under a situation whereby the solicited information is related to the life and/or personal freedom of the applicant, the requisite information has o be provided within a period of 48 hours 11% 4% 85% 100% 0% 0% 100% 100% {40}

55 AREAS OF CONCERN 1. Extremely poor awareness regarding Law for Protection of Interests of Consumers There is an urgent need to foster better understanding and appreciation among the community members regarding the following crucial issues, namely --- Knowledge of common complaints admissible for relief under consumer protection law. Knowledge of institutions available for providing relief to consumers. {41}

56 CHAPTER 8 Final Report SOCIAL SECURITY, INSURANCE AND FINANCIAL INCLUSION This chapter dwells upon the components of social security, insurance and financial inclusion. In doing so, he focus is on entitlements various under various government schemes, including school education, housing, pension and insurance aimed at improving the socio-economic condition of the targeted beneficiary households. 8.1 ness of School Education Schemes During the course of the baseline survey, it was he endeavour of the research team members to ascertain the level of knowledge of the respondents with regard to various schemes pertaining to the field of education. In doing so, it was revealed that an encouraging majority of the respondents were well aware of the various benefits related to education for their children (Table-41). Table-41 : ness of School Education Schemes School Education Schemes Yes Somewhat Not Total (n=296) Free textbook scheme 93% 3% 4% 100% Free work-book/note book scheme 91% 4% 5% 100% Free uniform scheme 97% 3% 0% 100% Provision of Mid-day Meals 100% 0% 0% 100% Provision of separate toilet facilities in schools for boys and girls Provision of safe drinking water in schools for children Scholarship scheme for SC/ST students (Classes 1 to 8) Scholarship scheme for General category students (Classes 1 to 10) Scholarship scheme for talented/gifted students from SC/ST and General categories (> Class 10) 84% 9% 7% 100% 92% 5% 3% 100% 73% 10% 17% 100% 67% 18% 15% 100% 45% 21% 34% 100% It was indeed quite heartening to note that almost cent-percent of the respondents were aware about the benefits related to provision of free text-books, work-books, uniforms and mid-day meals for the students. 8.2 ness of Social Security Schemes The level of awareness regarding various benefits provisioned under social security programmes of the Central and State Governments was also reasonably encouraging, with cent-percent of the respondents being aware of the Indira Gandhi National Old Age Pension Scheme (IGNOAPS) and an almost equally large proportion (95%) being well aware about the pension scheme for the disabled (Table-42). {42}

57 Table-42 : ness of Social Security Schemes Social Security Schemes Yes Somewhat Not Total (n=296) Central Government Schemes Indira Gandhi National Old Age Pension Scheme (IGNOAPS) Indira Gandhi National Widow Pension Scheme (IGNWPS) 100% 0% 0% 100% 88% 2% 10% 100% National Family Benefit Scheme (NFBS) 72% 15% 13% 100% Indira Gandhi National Disability Scheme 95% 3% 2% 100% State Government Schemes Marriage/Illness Benefit Scheme 41% 13% 46% 100% Free Boring Scheme for Marginal & Small Farmers 13% 19% 68% 100% Rani Lakshmi Bai Pension Scheme 57% 20% 23% 100% An interesting fact that was revealed during he course of he baseline survey was the fact the level of awareness regarding various schemes sponsored by the central government was relatively better as compared to those of the State government. An apt example in this regard is the State Government sponsored free boring scheme for marginal & small farmers which was known to merely 13 percent of the respondents. 8.3 ness of Insurance Schemes The level of awareness and knowledge among the masses regarding various insurance schemes promoted by the Central and State Governments was found to be disappointingly low across all social groups in the project area. In fact, the only scheme that elicited some degree of response (29%) from the masses was the National Health Insurance Scheme. Regarding the other related schemes, the level of awareness was observed to be almost negligible (Table-43). Table-43 : ness of Insurance Schemes Insurance Schemes Yes Somewhat Not Total (n=296) National Health Insurance Scheme 29% 16% 55% 100% Aam Aadmi Bima Yojana for Artisans 15% 21% 64% 100% Janani Suraksha Yojana (JSY) 79% 13% 8% 100% Mahatma Gandhi Bunkar Bima Yojana 0% 0% 100% 100% Rajiv Gandhi Shilpi Swasthya Bima Yojana 2% 0% 98% 100% {43}

58 In addition, the level of awareness regarding the provisions of the Janani Suraksha Yojana (JSY) is also quite encouraging with majority (79%) of the respondents being able to articulate the provisions under the scheme. Fig. 6-a : ness of Insurance Schemes {44}

59 CHAPTER 9 Final Report VOICES FROM THE COMMUNITY {As emerged from the Focus Group Discussions} One of the critical components of the baseline study entailed conducting focus group discussions (FGDs) at the village level. The major topics covered during the course of the FGDs focused upon the awareness and knowledge of the community members regarding various issues, including (i). Constitutional and Legal Safeguards (such as their Fundamental Rights, Fundamental Duties and Right of Children to Free & Compulsory Education); (ii). Women s Security, Welfare and Maintenance (such as, prohibition of dowry, domestic violence, child marriage and the regulation, prevention & misuse of prenatal diagnostic techniques; (iii). Good Governance (including Consumer Protection; and the Right to Information); and (iv). Free Legal Aid. This chapter dwells upon the various beliefs, opinions, views and outlook of the community at large regarding crucial aspects pertaining to their rights and entitlements and their suggestions thereof. ISSUE-1 : CONSTITUTIONAL SAFEGAURDS Equal Wages for Men and Women One of the harsh realities facing India as a nation in the 21st century is the existence of a persistent gap between the wages of men and women around the country. Wage difference on gender basis has been a great concern for programme managers and policy makers, yet progress made to check the problem has been extremely slow. During the course of the discussions, majority of the community members indicated complete ignorance about the existence of any particular law that stipulates equal wages for men and women for similar nature/ types of work. Both men and women had differing views regarding the reasons for this disparity. मह सफ क वर कहन क फ त ह...ककसन कह कक भहहर म कभ क भ कयत ह? ग व भ कई ऐस ऩरयव य ह जह ऩय भहहर म ह ख त -ककस न कयत ह.. ऩ र ष शहय भ क भ कयत ह.. उन ह क भ हनत क त नत ज ह क ऩ र ष र ग शहय भ आस न स क भ कय ऩ त ह... भह न क य शन भहहर ओ द व य ह त इ तज़ भ ह त ह... नह त कमय आत व र ग कट ई क फ द अन ज र ज न? स य झभ र भहहर ओ ऩय छ ड़ कय यख ह... ढ य घय मभर ज म ग आऩक अगय ढय ढ ग त -- तफ नह म द आत ऩ र ष-भहहर क भ हन कयन क क बफमरमत?? मह सफ क छ नह --- फस एक प रथ ह --- कक जजसस भहहर ओ क ऩ र ष द व य न च औय कभज़ य हदख त यहन क!! म ऩ र ष ह ह ज नह च हत कक हभ क़ नयन ऩत ह, नह त भनभ न क स कय ग म र ग? --- एक ५९ वष म एप.ज.ड. प रततब ग [ब र क ह दयगढ़, फ य फ क ] {45}

60 Majority of the men believed that women get paid less as they are physically weak and thus unable to work as much as men. They provided examples that such practices are common in the field of agriculture with women being largely responsible for less physically challenging jobs, such as weeding, pruning, etc. which in turn naturally resulted in them being paid less. In contrast, many of the women mentioned that this disparity is a result of a traditional social mindset whereby women are considered to be weaker than men. Many of the elderly ladies from the community expressed their resentment and provided numerous examples whereby all activities, including sowing, transplantation, irrigation, manuring, etc. are being done exclusively by women especially when the male members have passed away or else have migrated to the urban areas in search of better economic avenues. Right of Children to Free & Compulsory Education The discussions with the community members revealed a rather large void with regard to the level of awareness on the rights of citizens to ensure free and compulsory education for their children. Most of the participants during the focus group seemed to believe that this right stipulates the provision of free school education, mid-day meals and free text books & uniforms for their children. जह तक हभ ऩत ह, सयक य फच च क मरम भ फ त ककत फ -क पऩम औय ब जन द त ह... क छ फच च क वज प ब हदम ज त ह... र ककन म भ -फ ऩ क अधधक य ह कक अऩन सब ६ स १४ स र क फच च क प र ईभय तक भ फ त मश हदरव सकत ह --- हभ ऩहर फ य स न यह ह ---- र ककन सयक य स कय र त ठ क ह, प र ईव ट स कय र भ ब हभ अज द सकत ह - -- मह त बफरक र ह नह भ रयभ --- व र ग Almost none of them were aware त हभ गय फ क अ दय ब नह घ सन द ग!!! about the specific provisions governing this right that of the --- एक ५२ वष म एप.ज.ड. प रततब ग right to obtain free and compulsory [ब र क हयख, फ य फ क ] education for all children in the age group of six to fourteen years upto the elementary level and the fact that the provisions are applicable for both government schools, as well as various un-aided/private schools. {46}

61 F.I.R, Arrest and Bail During the course of the focus group discussions at the village level, an attempt was also made to try and understand the level of awareness of the community regarding their rights when faced with an arrest. Although a majority of the FGD participants were reasonably aware of their right to know the grounds for a persons arrest. However, an interesting fact that was revealed during the discussions was that although most of hem were aware of their right to be informed about the nature of crime for which an arrest is being made, that is bailable or unbailable, hardly anbody tends to exercise this right when required. अऩय ध ज़भ नत ह म कपय ग य ज़भ नत, म ज नन हभ य अधधक य ह, ऐस सब क ऩ ह ग, ऩय ऩ मरस स क न सव र-जव फ कय? -- हभ त फस म ज नत ह कक एक फ य ज र ह गम, त अऩय ध क स ब ह, व मकत क ऩयय जज़ दग क ट-कचहय औय वक र क चककय भ ग जय ज न ह -- ऩ मरस क अऩन अधधक य जत कय ऩय श न थ ड़ ह भ र र न ह -- अगय अधधक य जत न रग, त न ज न ककतन औय क स द मय ह ज ए!!! --- एक ६५ वष म एप.ज.ड. प रततब ग [ब र क ह द यगढ़, फ य फ क ] A participant expressing his opinion on issues related to legal safeguard during a focus group discussion {47}

62 ISSUE-2 : Women s Security, Welfare and Maintenance Domestic Violence Discussions at the community level revealed an extremely low level of awareness and understanding among the masses regarding acts that may be deemed as domestic violence against women. घय रय हह स त फह त य ऩरयव य भ ह त However, most of the respondents appeared to be aware that it is unlawful to cause harassment, physical violence or harm to women be it with regard to demands pertaining to dowry or other valuable items, properties, etc. ह -- हभ भहहर ए कय कम सकत ह?? अधधक स अधधक भ क (ऩ हय) चर ज त ह!! इसक क न स सभ ध न ह हभ य ऩ स?? क नयन क न ज नत ह?? --- एक ३६ वष म एप.ज.ड. प रततब ग [ब र क द व, फ य फ क ] However, regarding all other aspects (such as economic abuse, forced sexual relationships, verbal and emotional abuse, etc.), the level of awareness among the respondents appears to be extremely poor, with majority of the respondents including men and women alike indicating that they consider these as matters intrinsic to the household and had nothing to do with the legal system whatsoever. A participant expressing her opinion on domestic violence during a focus group discussion {48}

63 ISSUE-3 : Good Governance Consumer Protection During the course of the focus group discussions (FGDs), an attempt was made to assess the level of awareness of the community members regarding the various provisions pertaining to the protection of the interests of consumers. भ न तथ भ य कई ककस न ब इम न पऩछर खय प भ ध न क उन नत प रज तत क फ ज A common concern emanating from the focus group discussions (FGDs), was the extremely low level of awareness among the respondents regarding the existence of a specific law to protect the interests of the consumers. In fact, majority of the participants were candid enough to mention that the were generally unaware about the consumer protection law. खय द थ व उऩम ग ककम थ --- द क नद य न कह थ क हदन भ पसर आम ग --- हभ त इन तज़ य कयत ह यह गए ऩय पसर नह आम!! इस तयह क घटन ए आभ ह --- ऩय द क नद य स मशक मत कयन व घ ट उठ न क अर व हभ गय फ ककस न क ऩ स च य ह कम ह?? --- एक ६० वष म एप.ज.ड. प रततब ग [ब र क ह दयगढ़, फ य फ क ] A participant expressing his opinion on consumer protection during a focus group discussion {49}

64 Right to Information The Right to Information Act (RTI) provides for setting out a practical regime of right to information for citizens of the country. Under the provisions of the Act, any citizen may request information from a "public authority" (a body of Government or "instrumentality of State") which is required to reply expeditiously or within thirty days. During the course of the focus group discussions (FGDs), attempts were made by members of the research team to make an assessment regarding the basic awareness among the masses about this crucial Act. The information emanating during the course of the FGDs made it amply clear that only a negligible proportion of the community members had actually heard about the Right to Information Act. अय जह ऩय ककस न क एह सयचन नह ह कक मस च ई क मरए नह रयम कफ चर ग --- चर ग क नह ---- वह ककस अधधक य ककस फ त क??...क छ-एक र ग क अगय भ रयभ ह त ह --- भ न अखफ य भ ऩढ़ थ त थ ड़ -फह त ज नत हय --- र ककन ऩत नह कक सयचन क न द ग क स मभर ग --- ककतन ऩ स रग ग? --- क ई ढ ग स फत व त सभझ!! --- एक ६५ वष म एप.ज.ड. प रततब ग [ब र क फ क, फ य फ क ] Even those who had some idea about the existence of the Act, indicated that they were completely ignorant about the provisions entailed therein. A participant expressing his opinion on the Right to Information during a focus group discussion {50}

65 CHAPTER 10 Final Report IDENTIFICATION OF CRITICAL GAPS India is the second most populous country having largest written constitution of the World, which includes of 395 Articles and 12 Schedules, supported by political, legal and judicial system for securing a social order for promotion of welfare of the people and elimination of inequalities in status, facilities and opportunities amongst individuals and groups residing in different areas and engaged in different vocations. The Constitution of India guarantees various rights to the citizens of the country including following fundamental rights : Right to Equality Equality before law Equal pay for equal work Prohibition of discrimination on the grounds of religion, race, caste, sex or place of birth Equality of opportunity in matters of public employment Abolition of untouchability Right to Freedom Protection of rights regarding freedom of speech including freedom of speech & expression, assemble peaceably, form association or unions, move freely throughout the territory of India, reside & settle in any part of the territory of India Protection in respect of conviction of offence Protection of life and personal liberty including Right to life with human dignity Right to livelihood Right to education Right to shelter Protection against arrest and detention in certain cases including Protection against illegal detention Right for representation {51}

66 Rights against Exploitation Prohibition of traffic in human being and forced labour Prohibition of employment of children in any factory or mine or any other hazardous activity Right to Freedom of Religion Freedom of conscience and free profession, practice and propagation of religion Freedom to manage religious affairs Freedom as to attendance at the religious instructions or religious worship in certain educational institutions Protection of interests of minorities Right to Constitutional Remedies Remedies for enforcement of conferred rights The rights guaranteed by the Article cannot be suspended The framework of fundamental rights is supported by Acts, Rulings, and Institutional Arrangements for protection of rights of the common citizen. Besides it provision of equal justice and free legal aid is part of the State policy. It is mentioned in the constitution (Article 39-A) that The State shall secure that the operation of the legal system promotes justice, on the basis of equal opportunity, and shall, in particular, provide free legal aid...to ensure that opportunities for securing justice are not denied to any citizen by reason of economic or other disabilities. Besides other aspects, promotion of educational and economic interests of Schedule Castes, Schedule Tribes and other weaker sections, raising the level of nutrition and the standard of living and improvement in public health, and protection and improvement of environment and safeguarding forest and wild life are defined priorities of State policy. A detailed analysis of the information collected during the course of the baseline survey (including the data from the in-depth interviews, summary of the village-level focus group discussions and review of the discussions held with functionaries across various levels), revealed the following critical gaps hindering the spread of legal literacy among the masses in the A2J project area {52}

67 The community at large including frontline workers, service providers are simply unaware about the constitutional provisions and legal frameworks. Theoretically we have the largest written constitution in the world but practically functional illiteracy in the project area is extremely high with even the literates at large not being aware about the provisions and complex political judicial legal system. It is believed that transparency means availability of information in public domain that is mainly internet in the new era otherwise written information could be made available to the concerned or those who asked for. However, despite the close proximity of the project area to the State capital, one wonders about the proportion of persons who can access information from public domain, how many can understand the available information in true or near true sense and how many can act on the basis of available information at any source remain the unanswered question. There is huge gap between the language of various legal provisions (including constitution, Acts, Policies, Rules, etc.) and the level of comprehension by people at large. In the economic growth led development system, economic activities are considered as the main activities and production-processing-marketing have become key functions. In the market led development policy framework provisions are also laid down for the protection of the interests of the consumers. It is generally propagated that consumer is king and consumer awareness has been considered as the priority at every level of the Government and Legal system but there is a need to consider the fact that more than three-fourth of the population of the A2J project area is rural and largely illiterate and otherwise also unaware about existence of any protective measures and system. Communities involved in the primary sector (essentially agriculture & allied activities) are contributing their share in ensuring food security and also contributing towards the growth of the secondary and tertiary sectors which are their major consumers. However, there exists a huge ignorance about the provisions under the consumer protection act and measures for protection of their own interests and rights or measures protecting them against exploitation by the material, service and facility providers. With low income levels, illiteracy especially functional illiteracy in the A2J project area is extremely high and justice is still far away for the larger community. Generally, consumer protection is propagated as urban centric approach but rural areas having the largest consumer base, which is highly exploited by both public and private sector service providers. Slogans such as jago grahak jago cannot be effective until and unless the large section starts recognizing itself as grahak. In a system where citizen rights are largely unprotected and citizens are also unaware about existence of any such right, recognition and access to consumer rights over or equal to citizen right is itself challenging. Social, economic and environmental vulnerability of large proportion of the population in the A2J project area is quite high and the traditionally deprived sections of the society (including SC/STs, minorities and women) at large are {53}

68 vulnerable amongst the vulnerable. There are numerous reasons for their sufferings including social exclusion, economic deprivation and political de-recognition of their contribution. As is evident from the data, they are largely illiterate and their interface with other sections and people of other sectors is extremely limited. The visible and invisible barriers including existing social norms and practices, language including means and medium of communication, pressure of survival etc are generally ignored from public education programs. Further, there are prevailing social practices and norms that facilitate social functioning (right or wrong). In doing so, one believes that certain social practices in the A2J project area are influenced by the concept of sin and virtue or moral and immoral acts such as care of the elderly which is considered as a religious commitment by many, similar to the concept of engaging children in hazardous activities being considered as a sin. However, when viewed in the context of the rights children and the elderly (and senior citizens), labour is prohibited and care and support of elders is their right and violation by the family members is a cognizable offence. Overlooking or ignorance of suitable social and religious beliefs and practices seems harmful for mass awareness generation through people s education process. The discussions with various functionaries across the A2J project area during the course of the baseline study revealed another critical bottleneck acting as an impediment in spreading legal literacy among the masses, namely lack of focal point of supervision at the block and village levels; and lack of convergence/coordination at the block and village levels. There are almost eleven officials representing various departments deployed at the Block level with each one reporting to their departmental heads at the district level. Similarly, there are almost thirty functionaries deployed at the village level with each one reporting to their departmental heads at the block level. This in turn, leads to a lack of synergy in the dissemination of key messages and services to the community thereby creating serious dissonance in their minds regarding various rights, entitlements and provisions. As discussed in the previous chapters, the awareness level regarding various welfare schemes in the A2J project area is relatively quite high. People generally know about the scheme and also aware about key provisions. However, there is no awareness about what can be done in case eligible people are left out. In fact, majority of the population across all the social groups is simply unaware and uninformed about constitutional guarantee, legal rights, legitimate entitlements, protection measures, grievance redressal system and provisions for constitutional remedies and free legal aid in case of violation. Tons of written material and information is available but conversion of it into knowledge and creation of an enabling environment for application of knowledge for rights full positioning and realization of rights is the real challenge. {54}

69 CHAPTER 11 Final Report SUMMARY OF FINDINGS & RECOMMENDATIONS The main objective of this baseline survey was to assess the level of legal, procedural & entitlement awareness among masses; identify the gaps hindering the spread of legal literacy among the masses; and demarcating benchmarks with regard to various aspects. The data collected through the survey is expected to assist the project managers in designing their interventions/programmes more appropriately by incorporating the required modifications. Further, in order to monitor the progress and evaluate the ultimate achievements of the Access-to-Justice (A2J) Project, the impact of various programme interventions needs to be assessed from time to time. For this purpose too, it is essential to have a set of baseline values against which any change can be measured. A list of the baseline values of key indicators has been presented at the start of this report. These figures are the set of benchmarks against which future changes can be measured. In light of the extremely poor awareness levels of the masses in the target areas, it might be useful for the programme managers of the Access to Justice (A2J) project to adopt an implementation mechanism that may be easily internalized by the target audience. In doing so, it may be useful to consider the following specific types of interventions, namely Mainstreaming : One believes that there is an urgent need to introduce a certain degree of mainstreaming of the legal framework. This may be best achieved by earmarking the role and responsibility of mainstreaming (of the various rights and entitlements) to the concerned departments. This in turn, might play a crucial role in removing the dissonance in the minds of the masses by correcting the lack of focus in the service delivery mechanism. 2. Rigorous IEC Campaigns : It might be useful to introduce specific IEC campaigns to stimulate the potential learners at the community level. This may be undertaken through the adoption of varied methods, including the following Personal Methods using the Audio-Media Component such as slogans, folk songs, public announcements. 3. Design, Development and Implementation of Audio- Visual Contents on Legal Literacy including motivational {55}

70 songs and short films in the local dialect, focused at generating awareness among the masses on legal literacy and free legal aid. 4. Adoption of ICT Mode for Legal Literacy such as design and circulation of specific text messages through the mobile telephony system, with the aim of maximizing the reach of legal literacy benefits among all sections of the community. 5. Use of Visual Media Component such as theme songs, documentaries, short films (including animation films), with the aim of spreading awareness regarding various legal provisions and entitlements among the masses and to maximize the reach of legal literacy benefits among all sections of the community. 6. Design, Development & Implementation of Direct Outreach Programs such as street theatres, road shows, reality shows and the like. Keeping in mind the profile of the potential audience in the target areas of the A2J project, it might be useful to design and implement theatrical presentations on the street using stills and visuals representing specific themes pertaining to legal literacy. The advantage of such a medium is that it a direct access to people, who in turn, do not need to spare extra time or expenses to internalize something that reflects their own lives. 7. Public Lectures & Electronic Media (Radio Talks/FM Radio) Given the access and use of radio by the rural masses in the A2J project areas, it might be useful to leverage this advantage by designing and broadcasting lectures and talks/panel discussions (in the local dialect) focusing on spreading awareness regarding various legal provisions and entitlements. 8. Adoption of Innovative Approaches In addition to the above, we believe that it might also be quite useful to design, develop and adopt various innovative approaches that revolve around informal, unconventional settings and focusing upon spontaneity and the emerging needs of the rural community. 9. Adequate Publicity of New Laws There is a felt need to take steps to publicize all new laws and provisions through the use of mass media (including electronic media) so as to create awareness among the masses regarding the same. 10. Training & Capacity Building of Grassroot-level Resource Persons There is an urgent need to design and conduct specific training & capacity building programs for grass-root level functionaries, who may be developed into effective para-legal workers in the near future. In doing so, it might be useful to design specific programs for PRI {56}

71 representatives, Bharat Nirman Volunteers (BNVs) and other community level workers, such as ANMs, Anaganwadi Workers, Rozgar Sewaks and the like. These programs would enable these functionaries in internalizing the basic concepts of laws, rights, entitlements & processes to access justice through legal aid and mechanisms of grievance redressal. The idea is to develop their capacities adequately, so as to facilitate them in spreading awareness among the community members in their respective areas of operation. 11. Convergence with On-going Programs It might be more than useful to identify common ground and to dovetail the Access to Justice (A2J) project with other on-going programs, such as the SAAKSHAR BHARAT Abhiyan of the National Literacy Mission. In doing so, focus might be given on including specific topics pertaining to on Legal Literacy in the regular literacy classes of the Saakshar Bharat. The post-literacy libraries may also be developed into legal clinics with focus on acting as resource points for providing information on legal aid. * * * * * {57}

72 CHAPTER 12 Final Report BENCHMARKS FOR CRITICAL AREAS The main objective of this study was to assess the baseline levels for each of the sectors in the Access-to-Justice (A2J) project area and to demarcate benchmarks with regard to the same. In doing so, it is suggested that the following specific critical areas be focused upon during the intervention phase of the A2J project : ISSUES FOR BENCHMARKING 1. Constitutional & Legal Safeguards : A. Right to Equity Before Law B. Right to Free and Compulsory Education for Children C. Provision for Free Legal Aid D. First Information Report (FIR) E. Arrest and Detention (with specific focus on women and juveniles) F. Bail 2. Women s Security, Welfare and Maintenance : A. Protection of Women from Domestic Violence B. Prohibition of Dowry C. Regulation and Prevention of Misuse of Pre-Natal Diagnostic Techniques 3. Children s Security, Welfare and Maintenance : A. Prohibition of Child Marriage B. Prohibition & Regulation of Child Labour C. Protection of Children from Sexual Offences D. Juvenile Justice (Care and Protection of Children) 4. Protection of Vulnerable Groups, Marginalized & Weaker Sections : A. Prevention of Atrocities on Scheduled Castes and Tribes B Maintenance and Welfare of Parents and Senior Citizens 5. Labour Security, Welfare and Maintenance : A. Abolition of Bonded Labour System B. Equal Wages against Equal Work for Men and Women C. Provisions of Maternity Benefits {58}

73 6. Good Governance : A. The Consumer Protection Act, 1986 B. Right to Information Act, Social Security, Insurance & Financial Inclusion : A. Janani Suraksha Yojna B. Rashtriya Swasthya Bima Yojna (RSBY) For the purpose of demarcating the benchmarks, three specific categories have been identified, namely ---- Category-A : Not Category-B : Somewhat Category-C : [to be treated as the proposed Project Benchmark] The demarcation of the benchmarks for each of the specific areas has been presented in the matrix given on the subsequent page. {59}

74 Benchmark for Critical Areas Sl. No. Issues Baseline (%) Proposed Benchmark (%) 1. Constitutional and Legal Safeguards 1 Right to Equity Before Law 43% 50% 2 Right to Free & Compulsory Education 43% 55% 3 ness on Provision of Free Legal Aid 8% 25% 4 ness of Eligibility Criteria for Free Legal Aid 0% 25% 5 ness of Institutions Providing Free Legal Aid 0% 15% 6 Right to be Informed if Crime is Bailable or Non-Bailable 43% 55% 7 ness of Stipulation of Accused to be Produced in Court within 24 Hrs. of Arrest 37% 65% 8 9 ness of Stipulation that Women Cannot be Arrested After Sunset & Before Sunrise ness of Stipulation that it is Illegal to take Adolescents (< 15 yrs. old) to the Police Station for Questioning 2. Protection, Prevention, Maintenance, Prohibition and Rights of Women & Children 3% 25% 16% 25% 10 ness of Actions Related to Domestic Violence 19% 30% 11 ness of Provisions on Dowry Prohibition 48% 60% 12 ness of Penalties for Child Marriage 1% 25% 13 ness of Penalties for Employing Child Labour 9% 25% 14 ness of Actions Treated as Sexual Offences Against Children 29% 35% 15 ness of Separate Law for Care and Protection of Children/Juveniles 17% 30% 3. Protection of Vulnerable Groups, Marginalized & Weaker Sections 16 ness of Law on Prevention of Atrocities on Scheduled Castes and Tribes 71% 75% 17 ness of Right of Maintenance for Parents & Senior Citizens 1% 20% 18 ness that Practice of Bonded Labour is Illegal & Punishable 54% 65% 19 ness of Key Provisions for Abolition of Bonded Labour 19% 30% 4. Labour Security, Welfare and Maintenance 20 ness of Provisions for Equal Wages for Equal Work for Men and Women 24% 40% 21 ness of Provisions of Maternity Benefits to Working Women 9% 15% 5. Good Governance 22 ness of Law for Protection of Interests of Consumers 15% 25% 23 ness of Right to Information Act 26% 30% 6. Social Security, Insurance & Financial Inclusion 24 Janani Suraksha Yojana (JSY) 79% 80% 25 Rashtriya Swasthya Bima Yojana (RSBY) 29% 35% The graphical demarcation of the benchmarks in comparison to their respective baseline values has been presented on the subsequent pages. {60}

75 1. Constitutional and Legal Safeguards 1. Right to Equity Before Law 2. Right to Free & Compulsory Education 60% 50% 40% 51% 50% 43% 60% 50% 40% 47% 55% 43% 30% 20% 10% 0% 30% Category-A [Not ] 20% 6% Category-B [Somewhat ] Category-C [] 30% 20% 10% 0% 20% Category-A [Not ] 25% 10% Category-B [Somewhat ] Category-C [] Baseline Value (%) Benchmark Value Baseline Value (%) Benchmark Value 3. ness on Provision of Free Legal Aid 4. ness of Eligibility Criteria for Free Legal Aid 100% 90% 80% 70% 60% 50% 40% 30% 20% 10% 0% 50% 88% Category-A [Not ] 25% 4% Category-B [Somewhat ] 25% 8% Category-C [] 120% 100% 80% 60% 40% 20% 0% 100% 50% Category-A [Not ] 25% 0% Category-B [Somewhat ] 25% 0% Category-C [] Baseline Value (%) Benchmark Value Baseline Value (%) Benchmark Value {61}

76 5. ness of Institutions Providing Free Legal Aid 6. Right to be Informed if Crime is Bailable or Non-Bailable 120% 100% 80% 60% 40% 20% 0% 100% 70% Category-A [Not ] Category-B [Somewhat ] 15% 15% 0% 0% Category-C [] 60% 50% 40% 30% 20% 10% 0% 20% 43% Category-A [Not ] 25% 14% Category-B [Somewhat ] 55% 43% Category-C [] Baseline Value (%) Benchmark Value Baseline Value (%) Benchmark Value 7. ness of Stipulation of Accused to be Produced in Court within 24 Hrs. of Arrest 8. ness of Stipulation that Women Cannot be Arrested After Sunset & Before Sunrise 70% 60% 50% 40% 30% 20% 10% 0% 25% 45% 30% 18% 65% 37% 100% 90% 80% 70% 60% 50% 40% 30% 20% 10% 0% 50% 91% 25% 25% 6% 3% Category-A [Not ] Category-B [Somewhat ] Category-C [] Category-A [Not ] Category-B [Somewhat ] Category-C [] Baseline Value (%) Benchmark Value Baseline Value (%) Benchmark Value {62}

77 9. ness of Stipulation that it is Illegal to take Adolescents (< 15 yrs. old) to the Police Station for Questioning 70% 60% 50% 40% 30% 20% 10% 0% 65% 45% 30% Category-A [Not ] 25% 19% 16% Category-B [Somewhat ] Category-C [] Baseline Value (%) Benchmark Value 2. Protection, Prevention, Maintenance, Prohibition and Rights of Women & Children 10. ness of Actions Related to Domestic Violence 11. ness of Provisions on Dowry Prohibition 70% 70% 60% 50% 40% 30% 20% 10% 0% 35% 58% Category-A [Not ] 35% 23% 19% Category-B [Somewhat ] 30% Category-C [] 60% 50% 40% 30% 20% 10% 0% 29% 10% Category-A [Not ] 30% 23% Category-B [Somewhat ] 60% 48% Category-C [] Baseline Value (%) Benchmark Value Baseline Value (%) Benchmark Value {63}

78 12. ness of Penalties for Child Marriage 13. ness of Penalties for Employing Child Labour 100% 90% 80% 70% 60% 50% 40% 30% 20% 10% 0% 50% 94% Category-A [Not ] 5% 25% Category-B [Somewhat ] 25% 1% Category-C [] 80% 70% 60% 50% 40% 30% 20% 10% 0% 50% 76% Category-A [Not ] 25% 25% 15% 9% Category-B [Somewhat ] Category-C [] Baseline Value (%) Benchmark Value Baseline Value (%) Benchmark Value 14. ness of Actions Treated as Sexual Offences Against Children 15. ness of Separate Law for Care and Protection of Children/Juveniles 60% 50% 40% 30% 20% 10% 0% 53% 40% 25% 18% 35% 29% 80% 70% 60% 50% 40% 30% 20% 10% 0% 50% 71% 12% 20% 30% 17% Category-A [Not ] Category-B [Somewhat ] Category-C [] Category-A [Not ] Category-B [Somewhat ] Category-C [] Baseline Value (%) Benchmark Value Baseline Value (%) Benchmark Value {64}

79 3. Protection of Vulnerable Groups, Marginalized & Weaker Sections 16. ness of Law on Prevention of Atrocities on Scheduled Castes and Tribes 17. ness of Right of Maintenance for Parents & Senior Citizens 80% 70% 60% 50% 40% 30% 20% 10% 0% 10% 18% 15% 11% 75% 71% 90% 80% 70% 60% 50% 40% 30% 20% 10% 0% 81% 50% 18% 30% 20% 1% Category-A [Not ] Category-B [Somewhat ] Category-C [] Category-A [Not ] Category-B [Somewhat ] Category-C [] Baseline Value (%) Benchmark Value Baseline Value (%) Benchmark Value 18. ness that Practice of Bonded Labour is Illegal & Punishable 19. ness of Key Provisions for Abolition of Bonded Labour 70% 60% 50% 40% 30% 20% 10% 0% 19% 5% 30% 27% 65% 54% 80% 70% 60% 50% 40% 30% 20% 10% 0% 45% 69% 12% 25% 30% 19% Category-A [Not ] Category-B [Somewhat ] Category-C [] Category-A [Not ] Category-B [Somewhat ] Category-C [] Baseline Value (%) Benchmark Value Baseline Value (%) Benchmark Value {65}

80 4. LABOUR SECURITY, WELFARE AND MAINTENANCE 20. ness of Provisions for Equal Wages for Equal Work for Men and Women 21. ness of Provisions of Maternity Benefits to Working Women 60% 50% 40% 30% 20% 10% 0% 25% 49% Category-A [Not ] 35% 40% 27% Category-B [Somewhat ] 24% Category-C [] 90% 80% 70% 60% 50% 40% 30% 20% 10% 0% 65% 84% Category-A [Not ] 20% 15% 7% 9% Category-B [Somewhat ] Category-C [] Baseline Value (%) Benchmark Value Baseline Value (%) Benchmark Value {66}

81 5. GOOD GOVERNANCE 22. ness of Law for Protection of Interests of Consumers 23. ness of Right to Information Act 80% 70% 60% 50% 40% 30% 20% 10% 0% 76% 50% Category-A [Not ] Baseline Value (%) 9% 25% Category-B [Somewhat ] 25% 15% Category-C [] Benchmark Value 70% 60% 50% 40% 30% 20% 10% 0% 50% 65% 20% 9% Category-A Category-B [Not ] [Somewhat ] 30% 26% Category-C [] Baseline Value (%) Benchmark Value {67}

82 6. Social Security, Insurance & Financial Inclusion 24. Janani Suraksha Yojana (JSY) 25. Rashtriya Swasthya Bima Yojana (RSBY) 90% 80% 70% 60% 50% 40% 30% 20% 10% 0% 0% 8% 20% 13% 80% 79% 60% 50% 40% 30% 20% 10% 0% 40% 55% 25% 16% 35% 29% Category-A [Not ] Category-B [Somewhat ] Category-C [] Category-A [Not ] Category-B [Somewhat ] Category-C [] Baseline Value (%) Benchmark Value Baseline Value (%) Benchmark Value {68}

83 {61}

84 Deen Dayal Upadhayay State Institute of Rural Development (SIRD), Bakshi-ka-Talab, Indaurabagh, Lucknow Telephone : , ; Fax : sirdup2005@rediffmail.com Website : {62}