NHRC issues an Advisory on the Protection of Human Rights of the Widows

Press release

National Human Rights Commission

New Delhi, 12th June, 2024

NHRC issues an Advisory on the Protection of Human Rights of the Widows

Advisory focuses on 10 key areas for action by the Centre and State governments and UT Administrations

MoWCD and concerned State departments advised to have a centralized database of all government-run homes for widows on their websites

Deployment of a team by MoWCD at the district level recommended to visit these Ashrams and homes to monitor living conditions including health, recreational and skill development facilities to help them get employment and financial independence

To ensure the benefits of welfare schemes for widows reaches to them through a single-window system

Provide legal aid to ensure widows the legal right to succession of the property

The National Human Rights Commission (NHRC), India has issued an Advisory to the government authorities in the Centre and State governments and UT Administrations to ensure widows' welfare and protection of their human rights. The Commission felt the need to issue the Advisory as it observed that widowed women, apart from the emotional distress of losing their spouse, are also often faced with numerous other challenges including, but not limited to social exclusion, loss of income, and even loss of residence.

The Commission noted that women account for nearly 78% of the total population of 5.6 Crore widows in India as per the 2011 census data. Widowed women are often left to fend for themselves after the demise of their spouse. Without adequate support from their families and the lack of financial independence, they are subjected to isolation from the community, even forced to leave their homes and seek refuge at shelter homes/Ashrams. The prevalence of illiteracy and the economics of ageing further worsen their condition.

Therefore, considering the overall welfare of the widowed women, the NHRC, India in its Advisory has focused on 10 key areas and other measures for action by the Centre, States and UT Administrations. These include ensuring their proper identification documents, development and maintenance of shelter homes for them, equal access to the property; prevention of ousting from their homes and protection from exploitation, provision of skill development and access to sustainable livelihoods, access to easy banking and financial independence, healthcare accessibility, affordability, and availability, mental health, community-based networks, lack of data about issues of destitute widows, utilization of the literature and suggestions made previously including reviewing the Widows (Protection and Maintenance) Bill, 2015’ introduced by Shri Janardan Singh Sigriwal, MP in the 17th Lok Sabha as well as the 2017 report of the Committee constituted under the directions of the Supreme Court so that legislation could be brought about the welfare of the widows.

The detailed advisory may be accessed from the NHRC, India website www.nhrc.nic.in or the link: https://nhrc.nic.in/sites/default/files/Advisory_Protection_HR_Widows_June2024.pdf

Some of the recommendations, among others, are as follows;

• Have a centralized database of all government-run homes for widows on the website of the Union Ministry of Women & Child Development (MoWCD), as well as the websites of all the concerned state departments;

• MoWCD may deploy a team at the district level to visit these Ashrams and homes quarterly to monitor their living conditions including health, recreational and skill development facilities to help them get employment and financial independence;

• The Collector & District Magistrate/ Deputy Commissioner should be made accountable for the implementation of various welfare schemes regarding food, shelter, dignity and the protection of property;

• Constitute a dedicated “Widows’ Cell” in each district that can serve as a single window for schemes for widows;

• Ensure all shelter homes registration with the Widows’ Cell and that these are not overcrowded beyond their capacities;

• AADHAAR cards of all widows residing in and around the allotted public and private shelter homes should be made to ensure monitoring of the benefits of various schemes to them;

• Provide proper identity cards to the widows to enable them to access the benefits of social welfare schemes and ensure they are not denied these for want of marriage registration certificates;

• Ensure proper implementation of their legal right to succession of the property by providing legal aid and creating awareness among them about this right;

• Make efforts to enrol them in education programmes like the New India Literacy Programme (NILP) and other programmes to give them at least foundational literacy, including financial literacy. Shelter homes and Ashrams may partner with local NGOs to encourage and provide education to widows;

• Encourage the creation of Self-Help Groups (SHGs) by widows for their self-employment and entrepreneurial activities;

• Concerned agencies should ensure that all widows have a personal bank account under Pradhan Mantri Jan Dhan Yojana;

• For widows in need of mental health support and care, specialized care should be arranged and recovery should be enabled;

• Encourage utilization of the knowledge and experiences of widows in Aanganwadis, orphanages, and primary schools, to give them a sense of purpose and enhance children's life skills;

• Widows desiring to remarry or find partners should be linked to appropriate agencies/ NGOs;

• The widow should have the option of returning to the Shelter home without undergoing fresh formalities in case the marriage or relationship fails, or the spouse or partner dies;

• The state government may provide suitable funds for marriage under existing schemes for widow remarriage also;

• There is a need for suitable legislation to deal with the plight of abandoned widows, such as that against Sati Pratha;

• The shelter homes and Ashrams should connect them to NGOs and the District Legal Services Authority (DLSA) to provide them with the necessary assistance;

• Last rites of the widows should be carried out in a dignified manner by the shelter homes/ Ashrams. It should be done in accordance with the rituals and faith of the destitute widows;

• The destitute widows should be encouraged to participate in social and political activities, if necessary, by providing horizontal reservation in panchayats and municipal bodies;

• Poverty indicators tailored to widows should be developed. Qualitative data should be prepared to understand the challenges faced by widows;

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