Domestic violence: Maharashtra has miles to go in ensuring justice….Sukanya Shetty
After 12 years of physical torture and sexual harassment, when Cuffe Parade-based Dr Alka Vijayan (name changed) finally decided to take on her husband, she was beaten up, raped and thrown out of her house, naked, at midnight. After moving the court and winning the case, Alka now stays in a house owned by her husband and he has been prohibited from entering the house. With a handsome compensation every month and her daughters custody, Alka is a leading physician in the city.
It was only after proper counselling that Alka could muster the courage to register a case under the Protection of Women from Domestic Violence Act, 2005. While for Alka it was purely the social stigma that prevented her from speaking out, experts feel there are thousands who suffer silently owing to their inaccessibility to law and the inability to fight red-tapism.
According to data collected by a Lawyers Collective team, Maharashtra lags behind the more socially backward states in acknowledging domestic violence. There are 2,650-odd cases registered to date, much fewer than in Bihar and Uttar Pradesh (each has over 6,000 cases registered). Yet, Maharashtra is the only state to have as many as 3,667 Protection Officers (PO) appointed under the law. In other words, there is more than one PO available to assist every distressed woman here.
However, a survey by the Lawyers Collective found that officers in Maharashtra lack basic understanding of the law. During our survey, we interviewed various officers who seemed to have the least idea about their role and duties, said womens rights activists and lawyer Ujjwala Kadrekar.
When Ankita Damle, a Mumbai-based lawyer, first approached police against her father, she was asked to go to a local social worker. She was told that the police werent supposed to look into family issues. Its very difficult to make them (police) realise that any type of violence is unlawful and has to be tackled within the law. Even POs see the issue as yet another complaint, says Damle.
The Act, which by nature requires a multi-agency response, clearly defines the role of PO under Section 9, which states: Assist the aggrieved person and the court to meet justice. However, most POs are torn between their obligations under the Act (which are especially time-consuming because of the lack of infrastructural support) and their pre-existing obligations under the other government schemes. Kadrekar says, Most POs in the state are revenue officers from Women and Child Welfare Department. Even if an action has to be initiated under law against the POs for the dereliction shown, one cant, because they are in charge of more than one office.
Sharda Dattatray, a PO in Satara, feels that doubling up as a government official and a PO has rendered her inefficient. After I was assigned as PO, I realised I am unable to finish my duties as a food inspector, said Dattatray.
Also, Maharashtra has a meagre allocation of Rs 25,000 to train and implement the law as against Rs 10 crore allotted to Andhra Pradesh. With insufficient funds and no salary for protection officers, most do not wish to take up the job, Kadrekar said.
ALL IN THE FAMILY
* Nearly 2 out of 5 married women experienced physical or sexual violence from husband
* 16% of unmarried women experienced physical violence
* Only 1 in 4 abused women sought help while only 2% sought police help
Source: National Family Health Survey (2008)