challenges to address violence against women in the uniform

CHALLENGES TO ADDRESS

VIOLENCE AGAINST WOMEN

IN THE UNIFORM

NATIONAL WORKSHOP ON

VIOLENCE AGAINST WOMEN

HOTEL ASHOK

NEW DELHI

7TH MARCH, 2012

PRESENTATION

BY

MAJ. GEN. NILENDRA KUMAR

DIRECTOR

AMITY LAW SCHOOL, NOIDA

Military has a long and glorious tradition

of impeccable conduct.

All ranks are trained and taught to accord

due respect to the opposite sex.

Indian Army, whether operating on home

soil or beyond, is reputed and respected

for its honourable track record.

Its discipline and conduct has been

exemplary and above board.

• Plural marriage is prohibited. If one contracts a marriage while he already has a spouse living, his services are liable to be terminated administratively.

• Evidence of domestic disharmony may lead to a severe blot in his career profile by merely reflecting in his performance report that he is not happily married.

Tool to deal with cases of wives who have

been neglected and are not maintained.

Statutory remedy

• Army Act, 1950

• Sections 90 & 91

• Effective statutory powers are available to the authorities to order payment of maintenance to wife or dependent children, whom, the military person is found not to financially maintain.

However, the grant of maintenance will be

limited to the duration of one’s service in

the military.

Domestic violence

could be viewed in two ways

Domestic law is prohibited by law

The Protection of Women

from

Domestic Violence Act, 2005

(PWDVA)

Army Act Provisions

Section 69 would provide means to enforce

PWDVA

DOMESTIC VIOLENCEDOMESTIC VIOLENCE

in the case of military has to be seen in

the context of within a residence and also

by the military as a close social group.

NARROW VIEWNARROW VIEW

Violence within the confines of a

bungalow, quarter, flat or dwelling unit.

BROAD VIEW

BROAD VIEWBROAD VIEW

Violence within the military station,

cantonment or the area of operation.

SIZE OF THE PROBLEMSIZE OF THE PROBLEM

80% of dowry death and 80% of harassment

takes place in lower and middle class

society (Report of Institute of Development

& Communications).

Major component of the Army is drawn from

the same strata. Hence same level of

academic intellect social demands & ethos,

cultural values, mind set and economic

status.

MAIN REASONS FOR MAIN REASONS FOR DOMESTIC VIOLENCEDOMESTIC VIOLENCE

IN THE ARMYIN THE ARMY

1. Non familiar surroundings for those in CILQ.

2. Lack of compatibility (education and financial status).

3. Language barrier.

MILITARY IS ALIVE

TO

THE ISSUE OF

DOMESTIC VIOLENCE

New dimension is the grant of commission

to the women.

NUMBER OF WOMEN OFFICES IN

MILITARY

Male Female

Army 377 1072

Navy 177 7394

Air Force 667 10760

AGENCY TO COMBAT

MILITARY’S INTERNAL EFFORTS TO

KEEP A WATCH & COUNSELLING

Army Wives Welfare Association

(AWWA)

CONCEPTCONCEPTTO OPERATIONALISETO OPERATIONALISE

Unit level - Family Welfare Centres

Higher - AWWA

formation

Indian Armed Forces Wives

A help line

Call Asha at 9421016006

Monday – Saturday

8.30 am to 6.00 pm

helplineforiaw@gmail.com

LIMITATIONSLIMITATIONS

1. Personality oriented.

2. Lack of continuity in approach.

3. Unfamiliarity with local situations.

4. Limitation of expertise to deal with medical and psychiatric assistance.

FALSE NOTIONFALSE NOTION

Applications for grant of maintenance are

usually opposed by military units and

formations.

AWWA

has a continuing agenda

However, there have been a few cases to

the contrary. These could (arguably) be

viewed as aberrations.

These have been selected to depict

different working/situational incidents.

SEXUAL MISCONDUCT INVOLVINGSEXUAL MISCONDUCT INVOLVING

1. Junior woman officer

2. Wife of a colleague

3. Civilian subordinate

4. Civilian in counter insurgency situation

5. Peacekeepers

CASE STUDIESCASE STUDIES

1. Engineer in Chief’s case

2. Maj. Gen. A.K. Lal

3. Brigadier from Artillery

4. Registrar of Army Medical College

5. Manorama Devi matter

6. Major Rehman Hussain

7. Army Public School, Pithoragarh case

8. Pioneer Saiman

The first seven cases out of eight are of

this decade.

Brief facts of each of these cases

Engineer in Chief’s case

Maj. Gen. A.K. Lal

Brigadier from Artillery

Registrar of Army Medical College

Manorama Devi matter

Major Rehman Hussain

Army Public School, Pithoragarh case

Pioneer Salman

REASONS FOR DEVIANT REASONS FOR DEVIANT BEHAVIOURBEHAVIOUR

1. Service at isolated posts away from families.

2. Access to arms and dominant position.3. Subservient victims.4. Encouragement due to cases hushed up

to safeguard Regiment’s reputation.5. Use of women as human shields by

insurgents and reaction thereat.

DIFFICULTIES IN PROSECUTIONDIFFICULTIES IN PROSECUTION

1. Language barrier

2. Unfamiliar neighbours

3. Ignorance and hesitation

4. Delayed identification parades

SUGGESTIONSSUGGESTIONS

1. Increased role of AWWA as an NGO.

2. Greater activation of family welfare centres.

3. Legal literacy.

4. Make formal investigations obligatory.

5. Transparent and prompt investigation.

CONCLUSION