Overhauling criminal justice system necessary, says NHRC Chairperson

Justice Shri K.G. Balakrishnan, Chairperson, NHRC, accompanied by Shri J.S. Kochher, Joint Secretary, attended the 58th Session of the NHRIs’ Committee on the Elimination of Discrimination Against Women (CEDAW) held in Geneva, Switzerland from the 30th June to 2nd July, 2014. In his oral statement before the Committee on the 30th June, 2014, Justice Balakrishnan said that for the successful implementation of women related policies, it was of critical importance that the 16th Lok Sabha urgently passed the Women’s Reservation Bill to give them one third seats in Parliament and Legislative Assemblies. He also said that conviction in crime against women was low and the criminal justice system needed to be overhauled as it had not been able to respond to the needs of widespread gender-based violence. These included dowry deaths, early marriages, domestic violence, abductions, acid attacks, sexual assault as well as female foeticide etc.
Justice Balakrishnan said that the Twelfth Plan document, on the basis of National Crime Records Bureau (NCRB) data, indicates that total number of crimes against women had increased by 29.6% between 2006 and 2010. Most often, in the cases of sexual assault, many a times, the victims were discouraged by the community and even by the police for resorting to legal remedy. He said that police seemed to be insensitive to such cases due to traditional and patriarchal mind-sets. Therefore, it should be made more accountable. The Armed Forces Special Power Act in Jammu & Kashmir and North-Eastern States conferred an impunity which often led to the violation of human rights.
He said that despite long drawn out legal process, the low conviction rate was also resulting in the harassment of the victims. As per the statistics of the NCRB, the conviction rate in 2012 for rape cases was only 24% and for dowry deaths, it was 32%.
During 2013, the National Human Rights Commission registered a total of 288 cases of sexual harassment of women at different places. 59 cases of sexual harassment in Government offices were registered. This despite the fact that the Supreme Court had laid the guidelines in the famous case of Vishakha Vs. State of Rajasthan in 1997 ensuring women’s safety at workplace.
The NHRC Chairperson said that trafficking of women and girls still continued both for sexual exploitation as well as for illegal labour in spite of the Government initiative like Ujjwala Scheme. The protection of human rights defenders, especially women, was another area of concern. They faced different kinds of harassment, including false implication and unlawful detention. In fact, much more was needed to be done as there were indications that Dalit women elected representatives faced serious barriers in exercising their legal rights and performing their role as leaders within the community.
Justice Balakrishnan said that India also continued to have high number of child marriages despite legal and policy framework to eliminate this practice. Pre-Conception and Pre-Natal Diagnostic Technique (Prohibition of Sex Selection) Act, 1994, as amended in 2003, prohibited use of diagnostic technologies for detection of sex but widespread misuse of diagnostic techniques continues. Open defecation was rampant due to the lack of toilet facilities for a large percentage of households in many States having repercussions on health of people, especially women and children. Open defecation, especially in rural areas, also increased vulnerability of girls to rape as was seen in the recent case in Badayun in Uttar Pradesh.
In all India Gross Enrolment Ratio, there was a gender gap both in the general and the reserved categories of boys and girls and same was the case with the overall literacy rate even though it had increased for women from 53.67% in 2001 to 65.46% in 2011 Census.
The NHRC Chairperson said that the progress towards reaching the Millennium Development Goals by 2015 was slow and needed renewed efforts, especially in the area of maternal health.