Those who are part of the law enforcement machinery should become sensitive to the finer aspects of the social process;

Transcription

1 GEN-FORG.P65 (F) B A CKGROUND NOTE The Nationa Commission for W omen (NCW) has been instrumenta in introducing fresh ideas, innovative modes,training packages and modes for speedy justice for women. Apart from ooking into the aw and egisation for effecting improvement to ensure speedy justice, the Commission has been focussing its efforts in the thrust areas mentioned beow : (a) Organising through NGOs, Parivarik Mahia Lok Adaats through the ength and breadth of the country on a continuous basis. (b) Launching of programmes on Lega Awareness; (c) Sensitisation programmes for poice, NGOs, officias for better impementation of safeguards and aws for the benefit of women. Drawing essons from The Fourth W ord Conference on W omen hed in Beijing which was principay about the status of women everywhere, and raising that status unti the differences between the haves and the have nots disappear, the NCW recognised that in order to achieve gender mainstreaming, there is a need for institutionaisation of gender sensitisation training for government and other stakehoders. Equay important is the deveopment of a methodoogy and curricua for gender sensitisation to meet the needs of peope at the grass roots eve. The dissemination of information and awareness of gender issues to grassroot women wi be a step in the right direction wherein media and NGOs can pay a usefu roe. An integrated media campaign projecting the positive image of both w omen and girs through eectronic, print and fim media can be an impor tant component of a communication strategy. The NCW attaches great importance to efforts which trigger change in societa attitudes towards w omen through a partnership approach. A number of training programmes on gender issues are being organised by the Commission in order to be more effective in pursuing the goas of gender justice and deveopment of women. On Internationa W omen s Day,year 2000, the NCW and the CII (Confederation of Indian Industry) hed a conference to expore ways in which strategies for sustained deveopment of women in the urban oca bodies (where there is 33 percent reservation for women) were worked out. During tours undertaken by the Members of the Commission, it came to ight that the course curricuum on women and aw had not been upgraded for severa years at paces even a decade. Again, the entire focus in the existing syabus was on three codes the Indian Pena Code, the Indian Evidence Act and the Crimina Procedure Code. Even egisations ike the Dowry Prohibition Act, Chid Marriage Restraint Act, Pre-nata Diagnostic Techniques Act etc., where the poice coud be directy concerned in aw enforcement, were not taught. There were, of course, severa NGOs mushrooming who were conducting gender sensitisation camps with varying degrees of success and diverse syabii. In addition, the Government of India had aready identified, from different States, members of the poice force and socia scientists and sponsored them for undergoing a training course on Gender Sensitisation at the University of Sussex, U.K. These trained officers came back to the country equipped to train other individuas. Hence, a series of meaningfu programmes came to be initiated in about 6-7 States in an attempt to have more sensitised poice personne. These on-going efforts have surey aided in pushing forward the exercise needed towards sensitisation of poice officers. However, the effort brought to ight the acute need for a standardised curricuum which shoud be comprehensive in its sw eep and humanistic in its approach. 1

2 GEN-FORG.P65 (F) 2 With this background, the Commission readiy accepted the idea of organising a workshop to discuss the contents of a gender sensitisation course curricuum for poice officers. And so the process began. During preiminary meetings, it was suggested that the constabuary eve shoud be focussed on first, foow ed by inspectors and sub-inspectors and then the senior officers. This hierarchy was suggested, keeping in view the fact that it is the former who work at the grass root eve and need to interact with the women who reach the poice stations, whether as victims or as socia workers. However, a reaisation soon dawned that the picture was much arger and more compex. What started at the poice station through a woman knocking at its door went through the entire gamut of aw enforcement mechanism i.e. the judiciary, the administration, the media and even the NGOs. Each of these institutions has an inner dynamics, usuay weighted, by design or defaut, against the woman. Therefore,for a truy fruitfu outcome, simutaneous exercises needed to be undertaken for the judiciary, administrative personne, NGOs, and the media. What emerged was the idea of hoding a two-day Nationa W orkshop at Vigyan Bhavan on Forging Partnership with Law Enforcement Agencies. Five course curricua were presented by five premier institutions. In a brain storming interactive session, the participants at the workshop discussed the strength and weakness of each curricuum/modue RATIONALE The Nationa Commission for W omen is the primary body charged with safeguarding the interests of women in the country. The Commission has hed meetings with experts beonging to Government Departments as we as NGOs from different areas of women s deveopment to identify thrust areas for empow erment of women. After detaied discussions on various issues, it was decided that it is important to identify crucia areas which have been negected by both the Government and Non Government Organisations.One of the major areas identified was the sensitisation of governing agencies, judiciary and the training infrastructure. A arge majority of poice officias and other members of the aw enforcement agencies grossy misunderstand the concept of gender. There is therefore an urgent need to sensitise personne for socia change. Law has been described as a cobweb; the r ich and strong woud be abe to break it and the poor woud be entanged in it. To avoid such situations and such woefu comments, members of the aw enforcement agencies must be educated and sensitised abundanty on gender so that women, particuary those from ow er strata and disadvantaged groups, do not face apathy and caousness when they are seeking justice. Law shoud be seen as an instrument of change. In order that they may fuy ive up to the expectations of women in distress, administrators, poice personne, judicia persons, NGOs and the media shoud be trained to be gender sensitive. The NCW has successfuy estabished inks with NGO s in different states at district eve, who are networking and who provide necessary information regarding the atrocities, injustices etc being committed on women in their areas of operation. The roe of media in changing the mindset and creating aw areness cannot be ignored. Commerciaisation in the media has increased at the cost of human vaues. In order to reverse this trend and bring about aw areness amongst the masses, particuary chidren and youth, there is an urgent need to sensitise the media W ORKSHOP OBJECTIVES The basic aim of this workshop was to create training modues to gender sensitise the poice, judiciary, administrators, NGOs and media. At the same time an understanding of the actua difficuties faced by a these agencies in deaing with gender specific issues woud become known. 2

3 GEN-FORG.P65 (F) 3 The specific objectives of the workshop were as foows : Ø Ø Ø Those who are part of the aw enforcement machinery shoud become sensitive to the finer aspects of the socia process; The sensitisation process shoud invove earning and unearning after identifying the underying mechanisms and biases, and making visibe the invisibe pow er structures that perpetuate vioence; Gender specific vioence in society may be curbed. In addition, the workshop was meant to hep deveop course curricuum on gender sensitization of important facuties of aw enforcement machinery i.e. poice, judiciary, media, administration and NGOs.The workshop provided adequate scope for interaction/deiberations so that experts and officias of one facuty had an opportunity to ook into the contents of the cirrucuum being drafted for another facuty. For exampe, members of the judiciary gave vauabe inputs for the contents of the poice curr icuum and vice versa. Of course, the NGOs and socia activists who are concerned with every day occurrences of crime against women gave the benefit of their practica experience for the contents of a the curricua DELEGATES The participants of the two day workshop incuded the Union Minister for Information and Broadcasting, Minister of State for W omen and Chidren, a former Chief Justice of India, former and sitting judges, Chairpersons and Members of the NCW and State W omen s Commissions, Members of the Nationa Human Rights Commission, and Government officias from the Centre and States. Senior officers of the Indian Poice Service, members of the poice force from crimes against women s ce and officias of poice training academies, awyers, socia activists, members of the media, academics from women s study centres, and representatives of vountary agencies were present. Among the participants were members of the pubic and committed citizens PROFILE OF LAW ENFORCING AGENCIES 5.1 The poice, judiciary and the administration that runs the country are the gatekeepers of the justice deivery system. The civi servants are instrumentaities of the democratic state and whie they have sw orn oyaty to the Constitution as have the members of the Pariament and egisatures and the judiciary, they are trained to function as discipined members of a service under the supremacy of the poitica executive, accountabe to the egisature. According to a former civi servant (Times of India Supp. (Government Business) 13 Juy 2001) civi servants fa into three categories : Some 15 per cent are absoutey straight and incorruptibe, those who woud oppose any wrong doing tooth and nai within the framew ork of procedures aid down; another 15 per cent are corrupt and wi enthusiasticay cooperate with others in sharing the oot; the baance of 70 per cent are prepared to ook aw ay and woud not mind marginay benefiting out of corr uption if it does not and them in troube. 3

4 GEN-FORG.P65 (F) 4 The women seeking justice naturay expect the administration, the judiciary or the poice to be assertive, independent and incorruptibe. 5.2 The administrative and the poice cadres ink up for aw and order administration at the district as we as the state eve and work smoothy mainy due to the interpersona reationship of the officers of the two wings. The maintenance of aw and order within a State is the responsibiity of the State concerned. The civi and poice officers are entrusted with this onerous responsibiity.the possibe areas of friction and confrontation are many- poitica, institutiona, ega and persona. They enjoy a wide range of pow er; hence, there are different responses and a varied enforcement of the same aw in different parts of the country. In course of time there has generated some professiona rivary and sefish opportunism amongst certain members of the bureaucracy. This has ed to transfers of top and midde eve officers whenever there is a change in the poitica scenario. Has this not greaty ony distorted the accountabiity of officers and disturbed the morae of the institutiona administration? There is no doubt that unbiased mutua confidence between the poity and the administration is vita for efficiency. 5.3 There is an inner fear tow ards these agencies that denies most women access to justice. As victims of sexua assaut/ domestic vioence/shame/ guit they fear being traumatised, humiiated, stigmatised by these agencies. The feeing of most women is that instead of protecting society some of them are often protecting the perpetrators of crime. 5.4 The IPS officers form ony a ver y sma por tion of the overa ser vice and statisticay cose to 80 per cent of the ranks consist of constabes and head constabes.this 80 per cent forms the cutting edge as far as interaction with the pubic is concerned. Most of the ranks of poice force come from the same society and the same segments which produce the criminas as we as the victims. Because the Poice Service is predominanty mae (approximatey 91% of a Officers.W omen in the IPS as on constituted ony 3.44 percent) this can have adverse consequences for women when seeking the protection of the aw. Research indicates that women are often reuctant to seek assistance from the Poice in matters reating to domestic vioence or sexua assaut due to the fact the force is overwhemingy mae, and not sensitive to the issues. This is compounded for women where a proportion of the Poice Service have, in the past, dispayed a ack of understanding of the probems faced by women, particuary in domestic vioence situations. There are gender issues within the poice administration. These reate to how women personne are utiised within the department. Most of the women poice officers and constabes are not usuay aow ed into the mainstream of poicing at present. W omen, in addition, fee they are denied important assignments.the resut is that there is some amount of frustration. 5.5 It has been frequenty seen that disposa of cases of rape, moestation of women etc is frequenty deayed. The acquitta ratio in these cases is high, sometimes more than 90 per cent. This is because of the deay in getting the inputs by the investigating officers to investigate the crimes.the forensic support, which the investigating officer shoud receive in a short time, is aso deayed or missing. Conviction rates are ony about 3,4,or 5 per cent. Improvement of justice deivery has to ensure that cases in which offences have been committed shoud not go unpunished. One of the main probems is the poor quaity of evidence of the prosecution. 4

5 GEN-FORG.P65 (F) There is apparenty compete unanimity among aw makers, aw enforcers, prosecutors and executors of justice on one issue: peope are fast osing faith in the system and there is an urgent need for introspection, before it is too ate The term corruption needs to be redefined now. Its diaboic effects can be fet differenty by different peope. It is no more imited to the actions covered by the Prevention of Corruption Act. Any action or omission which aims at shieding a corrupt pubic servant, whether he is a aw maker or a bureaucrat, is a form of corruption which may not necessariy invove monetary consideration but surey nepotism. The common peope, the victims of crime, the innocent, hepess victims of government s inertia are the first victims of such governance.the Centra Vigiance Commission says that Corruption thrives on ack of transparency and deay in action. It is fata for the poity and for the r ue of aw. Coercion cion, whether in the form of a threat or aurement, with an uterior motive to cause further harassment to the innocent citizens or victims of crime, shoud aso be seen as corruption A committee set up by the present government to suggest measures for introducing reforms in the poice administration shoud consider the pight of peope in the hands of aw enforcing agencies. Whie ordering the tria of the five Punjab poicemen invoved in the bruta kiing of a coupe in Cacutta seven years ago, the Supreme Court had observed that if the charges were estabished, it woud revea a sordid state of affairs where human ife has virtuay no vaue for the officers who are supposed to be protectors of human ife. The charges have been estabished. The committee s member,former Union home secretary has admitted that there is criminaisation of the force to some extent, which has weakened its command structure. He wants changes in the Poice Act in view of the changed crime scenario in the country. He favours fixing accountabiity on the poice force and for defining the roe and responsibiity of other agencies incuding the prosecuting agency, jais and administration Ear ier, a one-man judicia commission set up by the Madhya Pradesh government had recommended evoving a code of conduct for poiticians and bureaucrats Referring to the efficacy of the aw enforcement agencies in curbing iega activities, the Justice G Sohani Commission opined that in curbing the activities of the mafia, investigation and prosecution of offenders shoud be entrusted to honest, diigent and conscientious officers seected ony on the basis of merit. A great judge once said: be you ever so high, the aw is above you; the aw enforcers shoud aso deve deep into the matter and try to work out why peope are turning so vioent these days. Ceary, the common peope have ost faith in both the efficiency and honesty of these agencies GOVERNMENT S INITIATIVES TIVES TO W ARDS GENDER JUSTICE The government woud ike to ensure that in a poicies and programmes there is mainstreaming of gender. Some departments are aocating more than 30 per cent of the funds for deveopment of w omen. Directy or indirecty, the Government of India has initiated severa measures tow ards gender justice. A few are enumerated here. 5

6 GEN-FORG.P65 (F) The Department of Personne and Training, Government of India and the UNDP are jointy impementing a project on capacity buiding in civi services. One of the outcomes in the project deas with women s issues in the civi services. The Gender Studies Unit of the La Bahadur Shastri Nationa Academy of Administration, Mussoorie, was engaged as a consutant under the UNDP project to carry out the foowing tasks: To conduct a survey on gender in civi services. To deveop a curricuum for conduct of gender sensitisation workshops in 10 Administrative Training Institutes (ATIs) ocated in different states of the country. To conduct a workshop on poicy form uation with Joint Secretaries in charge of different cadres of Centra Civi Services and A India services, as participants. To pubish a book incorporating the poicy recommendations in different workshops. The sub-programme aims at capacity buiding of the pubic authorities for improving citizens access to information for achieving transparency and accountabiity in governance at a eves. This wi be achieved by strengthening training of civi servants and sensitising them about the citizens right to information; organising perspective-buiding workshops for the poicy makers and impementers; deveoping training modues: and exposure to best practices. The sub-programme aso aims at enhancing the current knowedge-base about required concomitant changes in procedures; pubic perceptions about grassroot initiatives and the pro-active information discosure initiatives of Centra and State governments. 6.2 Specia provisions exist for women in the Centra Government ike age reaxation for recruitment of wives of deceased empoyees, recr uitment of women separated from their husbands, exemption from requirement of educationa quaifications in respect of wives of deceased government servants, empoyment on compassionate grounds to posts of peons, guideines for provision of day- care faciities for working women, aowing cadre change in respect of members of a India services on the ground of marriage and Creation of harassment free environment by issuing guideines on deaing with cases of sexua harassment. 6.3 The Fifth Pay Commission has in fact broken new ground by suggesting possibiity of career grades, fexi-time, combining the eave of husband and wife by creation of an earned eave bank, which coud be used by both. 6

7 GEN-FORG.P65 (F) 7 The Inaugura Session The Poice Officia s point of view 7

8 GEN-FORG.P65 (F) The Home Ministry has suggested wider recruitment of women in poice forces particuaryfor w oman officers in the crimes against women ces (CAW). Specia women courts shoud be set up in each district. It has aso been suggested that cases of rape shoud be handed in a court presided over by a woman magistrate. For evidence of rape, the investigation shoud be conducted at the residence of the victim by a woman poice officer. If the victim is ess than 16 years of age, she shoud be questioned ony in the presence of parents/reatives. A femae medica practitioner shoud preferaby carry out medica examination of rape victims. As far back as 1996, a DO etter issued from the Home Ministry to a Chief Ministers stated that appointment of dowr wry prohibition officers shoud not be overooked. Ti date the responses from the states has not been encouraging. 6.5 The Department of Youth and Sports Affairs has brought out a manua on W omen s Deveopment and Gender Justice for the Nationa Service Scheme (NSS) Programme Officers.This department is working through the Nehru Yuvak Kendra tow ards women s participation in mainstream deveopment process. 6.6 The Department of W omen and Chid Deveopment simiary, has undertaken programmes for w omen victims of vioence. There are short stay homes, observation homes, juvenie homes, specia homes, after care homes - in a maintaining about 32,000 inmates in the country.there are aso about 400 Famiy Counseing Centres to provide preventive and rehabiitative services. The Famiy Courts Act was enacted in 1984 for estabishment of famiy courts by the states. In a about 80 famiy courts have been set up so far.the Union Government has approved the creation of 15 Famiy Courts in the Nationa Capita Territory of Dehi SALIENT THEMES THAT T EMERGED AT THE W ORKSHOP Speaking on the subject of gender justice, at the inaugura session, a eading ega uminary and a former justice of the Supreme Court said that a process of subte penetration of minds is taking pace during sensitisation. The process shoud not be one of indoctrination. An attitudina change wi utimatey emerge in the minds of those who are the pow er centres and this is a sensitive issue. The speaker cautioned that there wi be a counter productive reaction if the sightest mistake is made and peope get the impression that they are being pressurised into accepting something that they do not agree with entirey. Therefore, the methodoogy of sensitising and its impementation at the ground eve becomes very important. Thus, the task envisaged by the NCW is a difficut one and resuts cannot be expected over night. Yet, another observation made by the eminent judge was that even after 50 years there has been no attitudina change in the perception of impementation of Fundamenta Rights. Even women who join the poice or judiciary sometimes foow the service cuture. The Minister for W omen and Chid deveopment remarked that inspite of Constitutiona provisions and Fundamenta Rights there is a wide gap between ega provisions and socia reaity. Of course, the reaity that strikes most women is wi I get justice or not? 8

9 GEN-FORG.P65 (F) 9 Member, NCW makes a point 7.1 POLICE PERSONNEL AND GENDER SENSITISATION TION The need for gender sensitisation of poice arises due to the foowing reasons : The concept of gender is grossy misunderstood by a arge majority of poice officers. Lack of aw areness and appreciation of the prevaiing gender inequaities among poice officers in the country. Cut of mascuinity prevaiing in the poice organisation which does not easiy permit a change in the attitudes and behaviour of mae poice officers tow ards women. Deays in the investigation of cases. The perfunctory nature of investigation and deay in disposa of cases. Increasing cases of vioence against women Describing the modues prepared by the S.V.P. Nationa Poice Academy the speaker from the Academy said that so far they had been touching upon ony the genera aspects of gender issues in training. It was not a structured content. The Academy cannot conduct training courses for SHO s, SI s, or constabes as they are to be conducted by the State Poice Organisations. The training has to be carried out in the regiona anguages. The Academy how ever can conduct Training of Trainers for the above mentioned categories. 9

10 GEN-FORG.P65 (F) 10 TRAINING MODULES AT SECTION Besides presenting the training modue on gender sensitisation for poice personne the Speaker tod the group that a study conducted by them in the two states of Andhra Pradesh and Uttar Pradesh on gender issues reveaed the foowing : 1. Mae poice officers fee that there is no need to integrate women into the mainstream of poicing. 2. W omen poice personne shoud be given specific tasks reated to women and chidren but not integrated into the mainstream. They need not be given any other jobs. 3. W omen are not enthusiastic or career oriented about their jobs. 4. W omen may work as cooks in the poice mess. 5. W omen shoud ony escort women prisoners and not mae prisoners. 6. W omen shoud not be engaged in operations against miitants, extremists and insurgents. 7. W omen shoud be given specia training to bring them on par with men, impying thereby that at present they are quite inferior or rather incapabe of doing their jobs. 8. W omen poice officers are very gente and are not capabe of handing hardened criminas. If just a sma section of mae poice officers hod opinions as mentioned above about their ow n coeagues in the service then their opinion about women in genera cannot be verydifferent Foowing the presentation of the training modue for different eves of poice functionaries the deegate from the Poice Training Schoo made the foowing remarks : The SVP Nationa Poice Academy, Hyderabad, is the umbrea organisation for the Indian Poice Ser vice. As poicing is a state subject, the BPR&D (Bureau of Poice Research and Deveopment) shoud be invoved in making a practica training modue. It was suggested that NCW form a core group comprising the Gender Training Institute, (GTI), BPR&D and the SVP Nationa Poice Academy who shoud deveop a modue together ether. The methodoogy shoud shift from teaching to earning for the poice officers.s.s.s.s. NCW coud hod a training workshop annuay as part of its activities. The Commission coud organise a Training of Trainers workshop. Bringing in NGOs and poice officers in that programme coud buid partnership. It is important to incorporate in the annua budg udget of the NCW a head for conducting regiona workshops for sensitising the poice in the states. Besides providing the financia inputs and the facuty, the NCW wi monitor the training programmes.so far, most of the training has been carried out by NGOs through foreign funding. 10

11 GEN-FORG.P65 (F) 11 Poice training is not a budget-panned subject hence there is never enough moneyfor training. The NCW and the NHRC shoud persuade the Government to make gender sensitisation at east a budg udget panned subject. Depoyment of women poice personne shoud be justified. It shoud be done in a departments. W omen have been trained for poicing and shoud be empoyed for that purpose. NCW and NHRC shoud monitor the subject of empoyment of poice officers. The norma excuse given is that there is no sanctioned strength for depoyment of women in poice stations. It is therefore important to resanction the strength and this is possibe with a itte pursuing. Where there are ten men, it is possibe to have three sanctioned posts for women. Poice personne appointed at the stations are untrained. Whosoever is on duty at the poice station shoud be trained mandatoriy for gender sensitisation at east one week before assuming charge.this is important as personne come from different branches such as Specia branch, traffic, airport security, VIP security etc. Training for the cutting edge i.e. the constabes is important. These are not poice rues and it coud be taken up as a PIL (Pubic Interest Litigation). Poice Depar tment in ever y state shoud have a crime prevention pan, a peope s participation pan, in poice pubicity so that the pubic can monitor the forces performance particuary when the subject is crimes against women. It is important for both NHRC and NCW to take up the case of shift system in duties performed at the poice station. So far, there has been no provision for shift system and this discourages women from working at the poice stations. Training poicy for poice officias shoud be pubished by the depar tment. There shoud be hoistic management of a the poice departments. training modues to be used by a the states. It is necessary for Suggestions made at the workshop may be sent to the BPR&D, Home Ministry, Department of W omen and Chid Deveopment for impementation. In case an annua w orkshop is organised by NCW, a c heckist of the faiures and successes of sensitisation coud be enumerated so that there is an end benefit. The Dehi Poice Training Coege is one of the premier institutions in the country, which imparts training to the Indian Poice Service (IPS) Probationers of the Union Territory cadre. Its trainees aso incude Assistant Commissioners of Poice of Andaman & Nicobar Cadre, Sub Inspectors, Assistant Sub-Inspectors and constabuary of the Dehi Poice,Ja m mu and Kashmir Poice, Arunacha Pradesh Poice, Sikkim poice and trainees from foreign countries ike Madives, Bhutan etc. They have begun gender sensitisation courses in coaboration with GTI and ACCORD, which are private training institutes. The training given to senior officers and gazetted officers is focussed athough it is as miniscuar as a drop in the ocean. They have aso decentraised the training 11

12 GEN-FORG.P65 (F) 12 programme by permitting ACCORD and GTI to conduct the training programmes in the districts. Funding wi be done by the poice-training budget. The training coege at Dehi has aso been organising Vipasana meditation programme for 3000 poice officias. This wi bring about a hoistic improvement in making better human beings out of poice officias. The Nationa Poice Academy y (NPA)trains officers of the Indian Poice Service. In India, recruitment to the Poice is made at 4 eves - viz., the constabes, Sub Inspectors (SI), Deputy Superintendent of Poice (DSP) and Assistant Superintendent of Poice (ASP). The training programmes now conducted at the Academy are the Basic Course for I.P.S. Officers; three Inservice Management Deveopment Programmes for officers of S.P., D.I.G. and I.G. eves of the Indian Poice Service; Training of Trainers Courses for the trainers of various poice training institutions in the country; IPS Induction Training Course for State Poice Service Officers; and short speciaised thematic Courses, Seminars and W orkshops on professiona subjects for a eves of poice officers. The Training Division of BPR&D reviews from time to time arrangements for poice training and the emerging needs in the ight of changing socio-economic conditions and the need to introduce scientific techniques in poice work. On this basis,itform uates and coordinates training poicies keeping in view the future job requirements of the Indian Poice. Its charter aso incudes deveoping an anaytica and systematic approach in poice personne and incucates the habit of adopting scientific methods and techniques in crime investigation. It aso heps to deveop training poicy,training strategy and induction of new and more effective training methodoogies in State training estabishments. Another important function of the Training Division is to bring uniformity in poice training by deveoping syabii, reading materias, and has a video ibrary of 110 training fims, and conducting quaity audit of the State Poice Training Institutions. The Training Division prepares project reports on estabishment/upgradation of various Centra/State Poice Training Institutes. It aso prepares speciaised training courses for Centra/ State poice personne Affirmative Action In Andhra Pradesh before poice personne take up charge at the poice station, they undergo at east 6 months re-orientation course. They are sensitised to women s probems and human reations. Officers who are aready working as SHO s are periodicay to undergo sensitisation courses on crimes against women and human rights. (Rights of women and chidren are taught). Disagreeing with the idea that ony women poice can ook after the interests of women, the Director of the Poice Academy narrated a case, where, in Vijayaw ada, a case of torture of a triba woman eading to her death was reported. The accused SHO was a w oman poice SI, abetted by a woman constabe and a second person who was aso a w oman constabe. Men were not invoved at a. Though most peope think that gender bias comes by just wearing a uniform he contradicted the statement and said that it comes from within the society. The Bombay Poice aong with the Tata Institute of Socia Sciences (TISS) have impemented a successfu experiment since A specia ce of trained socia workers work with the poice in 12

13 GEN-FORG.P65 (F) 13 some of the poice stations in Bombay. They hande compaints of domestic vioence and other compaints where women are invoved. They aso carry out counseing, home visits, and psychoogica counseing. The interaction with the poice has heped in getting cr imes against women propery investigated. A genera suggestion made was that as in the State of Andhra Pradesh whenever there is a function organized by the women s organisations the oca SHO or the Circe Inspector wi be invited to take part in the function. Simiary, whenever the poice department is hoding any function, they shoud invove the oca NGOs and Mahia Organisations. This suggestion is being impemented even in a function invoving immunisation (giving ora poio drops) or some function invoving DW AC R A groups. In short, the ay person is acquainted with the poice personne and this heps in forging an amiabe partnership. One of the participants suggested that a pubic reations exercise can be hed once in a way and a day earmarked for the same so that the pubic can go to the poice station and gain first hand experience of what happens there Some of the areas of focus suggested by the Speaker from the SVP Nationa Poice Academy are : There is need for a separate training modue for poice officers at different eves- at the entry eve as we as in-service training programme for the officers. Efforts shoud be made to bring about attitudina change in officers by conducting psychoogica exercises. There is need to associate officers from other crimina justice agencies at east in some courses for a consoidated action for providing gender justice. Some commitment shoud be made by top eve poice officers towards the training programme Areas of concern Poice officers present at the sessions amented that they had ost their sensitivity after joining the service. Neary a the vaues that they cherished as students had been ost or eroded after spending years in the service. The poice force is sti governed by the 1861 Act where the basic duty of the poice officer is the maintenance of aw and order and prevention and detection of crime. The methodoogy to be foow ed is not aid down. A participant fet that a time has come when some additions have to be made in the job content so that a poice officer can hep a person in distress. A strange situation that the poice force faces is that most of the ranks of the poice force come from the same society and the same segment in which they utimatey turn out to be the oppressors. It is aso unfortunate that no person in pow er ever compains about a poice officer s behaviour. It is necessary to change attitudes in the personne. The senior manager from the GTI aso suggested that reguar training of the constabes is required, as those that receive initia training are not exposed to it again for years.there seems to be some ack of foow up. 13

14 GEN-FORG.P65 (F) 14 The Chairpersons of the State W omen s Commissions aso attended the workshop. They had some pertinent comments to make as far as forging partnership was concerned. The genera feeing w as that there is no cooperation, or understanding or communication between the aw enforcing agencies, the poice and the women fok. Even registration of a FIR at the poice station is becoming a difficut task. It shoud be possibe to odge a compaint on the computer so that investigation by poice personne can be done easiy. 7.2 ADMINISTRATIVE TIVE PERSONNEL AND GENDER SENSITISATION TION A brief background about the necessity to sensitise the governmenta administration was presented at this session. Gender sensitisation or its concepts were unknown words a coupe of decades ago. It has become the buzzword these days because pow er reations between sexes are known to be operating a the time. These do not exist in a vacuum and are reated and infuenced by socia, poitica and administrative systems that exist in the country.there is need to gender sensitise and make peope responsive to the needs and concerns of persons There are issues to be considered in gender reations so that administrative personne can be sensitive to these issues and it enabes women to pay their roes as decision-makers. This may be for themseves for e.g. how many chidren she wants to bear,for her famiy,for the community where she resides or for the society as a whoe. For this, it is necessary that she has more access and contro over resources. Giving an exampe the Chair person of this session said in order to be economicay empow ered, she needs a coatera. (Government has started micro credit schemes for women where credit is avaiabe without surety though it is difficut to say how many women are accessing this faciity); to know about her ega rights. If she cannot use any asset as coatera, she definitey needs to know that she has equa rights in property When women are faced with difficut situations such as vioence, denia of proper ty r ights, harassment at home or workpace, even in initiating a private enterprise, there is need to sensitise the administrative machinery to the needs of women. Various departments of the Centra Government, the State Government and the machinery right down to the urban and rura oca bodies and the vountary bodies shoud be sensitised so that women are given an equa opportunity for deveopmenta work. Reguar training workshops need to be organised because an administrative officia heads a department where most of the deveopmenta work takes pace and this person takes the fina poicy decisions. In addition, government officias must have the opportunity, through workshops and training programmes, to appreciate and become more sensitive to the importance of women s eadership and the chaenges w omen face. Today, the functioning of the bureaucracy is quite different from that of the eary years of independence. W e are sowy moving aw ay from the wefare approach to participatory approach for deveopmenta work. In such a case the attitude towards one s constituency changes and socia change is brought about so that the zia /district does not ag behind. 14

15 GEN-FORG.P65 (F) The deegate from the HCM Rajasthan State Institute of Pubic Administration said that they had estabished a W omen s Resource Centre, an idea that originated in the Nationa Perspective Pan of The administrative academy organises a different modue for the foundation course and a totay different course for in-service officers coming in from the various departments and a different one for those at the poicy eve. It is thus impossibe to work out one modue for a the states and equay difficut to have one cear-cut modue for different types of peope in the administrative services or even the poice services. There has to be a difference in the content of these modues for different states and for the different peope who wi be sensitised. Most of the time three fourths of the modue is just information without ever bothering to know what the requirements of a group are. Therefore, there is a need to have speciaised modues for each segment of administration with the common goa of making the ife of a woman an honourabe one. Giving an exampe about ground reaities, the senior IAS officer remarked that in Rajasthan aone there are about 5 akh Government empoyees of a shades and hues and if one went according to the ordinary methodoogies of training it woud certainy take a ong time to sensitise a patwari, or a constabe or even a secretary He aso added that it is as difficut to sensitise a woman officia as it is to sensitise a mae officia on gender. Recaing the incident of the Bhanwari Devi episode in Rajasthan in which the victim w as gang raped by persons of the upper castes he described how a senior ady poice officer tod him give me ten minutes with Bhanwari Devi and she wi admit that no rape was committed. The victim w as in fact tr ying to stop a chid marriage in the viage (chid marr iages are not permitted by aw) and for that she was gang raped in order for her to ear n a esson The main functions of the La Bahadur Shastri Nationa Academy of Administration, Gender Studies Centre are : to imparttraining to the officers at the academy; to deveop modues for other academies; to act as a resource centre for a kinds of information regarding deveopment and its affect on gender issues. Presenting the training modue for administrativ e officers who join the La Bahadur Shastri Nationa Academy of Administration, the facuty member from the training centre said that at the induction training for probationers, modues on gender sensitisation are given. Besides this there are training programmes for in-service officers. The Nationa Gender Centre for Training, Panning and Research has prepared these modues.there is a shift from the wefare approach to the partnership approach in a training modues on gender. The Academy aso undertook a project caed the GPTP (Gender Panning Training Project). The GPTP output strategy was to buid a nationa gender training resource through a team-based partnership amongst trainers, their NGO/university partners and State government officias and to deveop gender specific training modues. The GPTP teams have deveoped 10 training modues concerning : 15

16 GEN-FORG.P65 (F) 16 Gender modue on Gender issues in Deveopment. Gender and Cooperatives. Gir s Education. Gender and Literacy. Vioence against W omen. Gender and Environment. W omen and Panchayati Raj. Gender and Entrepreneurship Deveopment. Gender issues in anti-poverty programmes. Access to heath care: a gender perspective. Methods used for training are cassroom discussions, presentations, informa meetings, group discussions, fim shows, case studies, pane discussions and viage visits etc. At the intensive training stage, which is a five-week course, the thrust is on group discussions and the group decides issues. Modues are introduced after receiving the feed back from the trainees Representatives of the State Commissions for W omen who were at the workshop briefed the participants about their activities towards buiding partnership with the administration and oca NGOs.In Kokata there was a ega workshop for sensitising aw officers. In this context, meetings were hed with the Law Minister. Participants from Mumbai, Dehi and Tami Nadu attended and some recommendations w ere made on rape aws. The W est Benga State Commission has been reguary organising sensitisation programmes for the poice officers. MODULE AT SECTION Probems associated with training Time is a great constraint especiay for poice officers at the SP and DIG eve and they find it difficut to attend training programmes. Simiary,for district officias ike the Coectors, the SP s and others it is difficut for them to come together. The inputs into the various services are from many entry points and basic understanding is different. For exampe, in Rajasthan, many officers come from feuda systems so the concept of gender understanding is very different. The systems of training whether at the academy or at the state eve are very conventiona and rigid because there are insufficient trainers who can bring about a behaviour change. There is a certain amount of distrust between the bureaucracy and women activists and vice versa. W omen activists shoud freey approach training institutes and give them inputs for deveoping modues. It woud be necessary to have a psychoogica screening at the induction stage so that attitudes can be corrected. 16

17 GEN-FORG.P65 (F) 17 The vountar y sector perspective Participation by State W omen s Commissions 17

18 GEN-FORG.P65 (F) NGOs AND GENDER SENSITISATION TION In society the administration, the poice, the judiciary, NGOs, the media cannot function as separate entities. They are interdependent as was stated by the Chairperson of the Centra Socia Wefare Board (CSWB). The generafeeing amongst most peope is that the vountary sector does not work with zea and enthusiasm for the society at the grass root eve. This is a fase notion. There is a definite need to generate hope and respect for the vountary agencies so that they can bring about awareness and change in attitudes. On the other hand, running down any aw enforcement agency by saying that they are non-cooperative is of itte use. Besides, the registered vountary organisations there are reigious organisations which can hep in sensitising peope to various issues and they shoud be taken into confidence. There are about 20,000 NGOs associated with the CSWB. Expaining the out reach of these vountar y agencies she said that over 381 Famiy Counseing Centres (FCC), were functioning in the countr y and these numbers woud be increased progressivey. Men too need counseing and not just women. In fact, the CSWB wi aso be introducing pre- marita counseing in 25 universities run by the vountary sector due to the changing situations. There is a definite need for gender training of the NGOs, as they can be a via media by which common peope can reach the poice particuary in case of domestic vioence or sexua assaut. These were the thoughts put forth by the Chairperson of the session Expressing concern on the anguage used in some regiona fok songs, which often ridicue the mother- in- aw, the Chairperson exhorted the group to workfor changing this bias against women. There was a ca to br ing about a change in the education curricuum both in the forma and non forma systems of education so that there is a greater gender awareness particuary ega aw areness in order to bring about a revoution so that we can we bring out equaity between sexes The senior training manager from GTI speaking on the subject of domestic vioence said that it is normay view ed as a trivia offence. The Internationa Centre for Research on W omen (ICRW) conducted a study on this subject as part of a word wide study. Statistics show ed that more than 40 per cent of women in India face domestic vioence and this vioence cuts across economic strata, caste and cass. The other point that was ceary made was that gender just does not mean addressing women s issues, as it is essentiay the reationship betw een men and women that is being deat with. Sensitisation does not excude women. Gender training is a continuous process and essentiay invoves restructuring reationships for which assessment has to be done continuousy. It cannot be done as a haf day modue or a one-day modue. It becomes important to ook at socio- cutura factors and the historica perspective whie preparing modues for any particuar group. The trainer in fact sympathised with the poice force and said that it is wrong to bame the poice system entirey as its members come from so many different casses, castes, reigions who are a rushing tow ards the cities trying to find jobs. Pacements are few compared to the huge popuation. They normay work hours a day and yet the common compaint is that they do not carry out their duties with efficiency. The Gender Training Institute (GTI) conducts gender training in five primary sectors Education Law enforcement agencies 18

19 GEN-FORG.P65 (F) 19 Corporate sector Grassroots eve workers and Panchayati raj The gender modues are prepared by the GTI based on need assessment. TRAINING MODULE AT SECTION 11.3 Summing up the proceedings of the session the chair said that expectations of the NGOs from the poice were certainy high. The modue presented shoud reach far-fung areas by adoption in the regiona anguages to bring about equaity between men and women. Different media such as fok songs,fok taes etc coud be used to carry out the message of gender justice. 7.4 GENDER SENSITISATION TION AND JUDICIARY Courts have no doubt payed the roe of cataysts as far as women s rights are concerned. The judiciary have intervened, uphed these rights for women and have created aw areness amongst members of the society. How ever much needs to be done in the ream of the court s outook, attitude and perspective, a of which have to change with changing times in order to bring about speedy justice to women in a proper and dignified manner. Law is an instrument of socia change and judicia personne need to be sensitised for socia change. A judge must therefore advance the goa of the Constitution by actuaizing iberty, equaity and fraternity.the object of the sensitisation programme has to be the attainment of the goa of equaity and the attainment of the goa set out in the Directive Principes of State Poicy. Judicia duty and its discharge cas for no bias, no discrimination and above a demands fairness, objectivity, irrespective of any caste, creed or anguage.the questions raised therefore are: Are judicia officers biased as members of a society? If so, are these cutivated over a period or are they inherent? The issues that were raised were that the Indian Pena Code is no onger the code that it was in the 19th century. W e are at present witnessing socia offences of various kinds. These can be termed as criminaised sociay unacceptabe behaviour. By suppressing sociay unacceptabe behaviour, society is aso criminaising certain behaviour. For exampe, domestic vioence has been incuded as a cr imina offence in Section 498A. The poice cannot dea with it in the same way as it woud dea with a crime of robbery. The aw has started addressing crimes against intimate partners such as domestic vioence. When the poice investigate a crime between intimate partners the methodoogy of investigation changes and one has to ook into the bias shown by the poice and the judges It is aso important for the judiciary to forge partnership with NGOs. They aone cannot carry the burden of socia change. If a woman appeas to an NGO for hep and assistance before she goes to court, the judges shoud respect the record submitted by the NGO to the court. It must be treated as evidence in the court of aw if the NGO has a good record of accompishment. Simiary, the NGO shoud have a egitimate roe in assisting the women to odge a proper FIR at the poice station. 19

20 GEN-FORG.P65 (F) 20 Forging partnership with the judiciary The Minister s address at the vaedictory session 20