Sexual Harrasment For Women Jharkhand Scribd.docx

INDEX

S. No

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Introduction Condition for women in Jharkhand Violation of women’s right Challenges for women in India Specific Laws for women Sexual Harassment Cases reported in state commission Case study Conclusion Suggestions

3 5 7 8 9 11 15 34 37 38

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INTRODUCTION State commission for women Jharkhand: The setting-up of the state women’s commission in Jharkhand was the fulfillment of a long-cherished desire of the people, especially the women of the state, to have an authoritative yet sympathetic forum for listening to and addressing grievances exclusively for women. The Bill, pertaining to the establishment of the commission, was passed by the Jharkhand Vidhan Sabha, thereby making it an Act in 2005. Subsequently, vide notification number 1221 dated September 16, 2006, of the Social Welfare, Women and Child Development Department, Jharkhand. The state women’s commission has been entrusted with varied responsibilities, which include hearing complaints and arranging for their redressals, studying all enactments concerned with women and their rights and giving creative suggestions, visiting jails and other detention centres or shelter homes and monitoring their improvement, seeing that the different government schemes for women, especially regarding social welfare, health, education, labour, among others, are properly implemented. Coordinating with the government authorities and non-government organisations for starting various projects for the welfare of women, all come under the responsibilities given to the commission. It is, therefore, a very interesting scenario for the commission, full of challenges on the road ahead. The setting up of the Jharkhand state women’s commission is definitely a step in the right direction. Ever since, it has seen a steady stream of complainants coming in. They belong to different streams and strata of the Jharkhand society, but their complaints all tell stories of suffering, anguish and deprivation of basic rights. Most of the cases pertain to dowry, domestic violence and trafficking of women and children, while some relate to sexual harassment at the work place. Trafficking of women and children is a core issue which women commission plans to take up as one of the major challenges. Joining hands with NGOs the issues will be strongly dealt with.The state women’s commission has started reaching out to these women, despite its still 2|Page

negligible financial and logistical support. In certain cases, as soon as the respondents get notices from the commission, they become anxious for compromise. No doubt, this is too early a stage to assess the impact of the work of the state women’s commission, but if the increasing number of complaints is any indicator, one can conclude that the setting up of the commission was a necessity long overdue. Department of Women and Child Development & Social Welfare, Jharkhand is implementing various schemes, programmes, social welfare schemes ,Health and Nutrition, scholarship for women empowerment, Girl Child pregnant women, mothers, ward members, Anganwadi Workers, Women Health Volunteers, the women living in the rural & tribal areas, ex-servicemen, physically handicapped, nursing women, Lactating mother, widows/destitute, Old age women, women self-help group (SHG), Women Entrepreneurs and Adolescent Girls’. Also special assistance is given to the women and child belonging to Scheduled Caste(SC) and Scheduled Tribe(ST), Other Backward Classes(OBC), Socially and Educationally Backward Classes(SEBC) Minority Category and below poverty line(BPL).

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Status, Position and Condition of Women in Jharkhand Jharkhand, in the past 12 years, has seen sharp increase in the rate of crime against women but last year remains the worst with 4,536 cases of sexual harassment, show reports by National Crime Records Bureau There were 2,229 cases of crime against women in 2001 which has more than doubled to 4,536 in 2012. Before 2012, the highest number of cases registered was in 2007, which was 3317.Be it rape, kidnapping or abduction of women, dowry deaths, domestic violence or cases registered under dowry prohibition act, all have been highest in 2012. There have been 812 rapes, 786 kidnapping and abduction of women, 302 dowry deaths, 1261 domestic violence and 1066 cases registered under Dowry Prohibition Act, which has been highest in the last 12 years. However, the number of rape cases between January and August 2013, according to police records, has already surpassed the number of cases in 2012. While number of rapes cases was 812 in the complete year of 2012, it has become 926 in just the first eight months of 2013 according to the information provided in official website of Jharkhand police. This lack of security has become a big problem for the girls especially those who have to travel during nights. elected chairperson of State Commission for Women, Mahua Manjhi, considers women's security a big issue and thinks that cases of atrocity against women increased because more and more women are now stepping out of their houses for studies and jobs. Earlier not many women used to step out of their house thus were protected but now things are different. It is a good thing that women are becoming independent and trying to provide them more security so they can walk on streets safely even at night. The improvement in women’s position and status became further evident when immediately after the independence, Indian women made their mark by becoming Governors, Cabinet ministers, and ambassadors. Several measures were taken by the 4|Page

Government of India to assign equal status to women in the economic, political and social fields. More avenues were opened to them to show their talents and have a sense of participation in national activities. The Constitution of India pledges equality of status and opportunity to men and women. The passage of several Acts by the Parliament and the process of social change brought about by industrialization and urbanization during the last few decades have done much for women’s emancipation both legally, politically and socially. Now the members of the family are individuals before the lay, and the Constitution has guaranteed equal rights to women. Indian women, like men, have the right to vote and the right to be elected. Mrs. India Gandhi, the first women Prime Minister of India, is the pride of India’s women folk. She served for fifteen years and remained the undisputed leader of the most powerful party in India. She was considered to be the most powerful woman in the contemporary world. Women can serve on juries, and there are many women doctors, lawyers and even justices. Constitutionally, they have equal rights. They have the right to own, manage control their own property. Today, a married woman has the right to divorce; a widow can remarry. Causes of Declining gender ratio in Jharkhand: Though India modernized along various dimensions, there is a declining trend of sex ratio. There causes contributing to this declining sex ratio :  Females are under enumerated in the Indian census.  Indian families prefer sons, and female infants are consequently neglected.  Frequent and excessive child-bearing has an adverse effect on the health of women and  Certain diseases have a high incidence in woman. All these indicate the worsening condition of women as a whole. Its social manifestations may be seen in the increasing incidence of dowry and the declining position of women due to erosion of their economic and social roles. The process of development itself has generated changes, which have widened and increased socio-economic inequalities, in general, and between men and women in particular.

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Violations to women’s rights 1. Witchcraft Women in Jharkhand continued to be targeted as witches. Many of the alleged witches were meted out in human and degrading treatment.in majority cases,it is found the real motive of the killers was to grab property or to settle personal scores with the victim family. The villagers believe that the women branded as witch are responsible for the illness. Death and drought. 2. Rape Rape is one of the most common crimes against women in India. Criminal Law (Amendment) Act, 2013 defines rape as penile and non-penile penetration in bodily orifices of a woman by a man, without the consent of the woman. In India, a woman is raped every 29 minutes. Incidents of reported rape increased 3% from 2011 to 2012 3.Domestic Violence Domestic violence is abuse by one partner against another in an intimate relationship such as dating, marriage, cohabitation or a familial relationship. Domestic violence is also known as domestic abuse, spousal abuse, battering, family violence, dating abuse and intimate partner violence (IPV). Domestic violence can be physical, emotional, verbal, economic and sexual abuse. Domestic violence can be subtle, coercive or violent. In India, 70% of women are victims of domestic violence. 4. Dowry Death A dowry deaths is a murder or suicide of a married woman caused by a dispute over her dowry. In some cases, husbands and in-laws will attempt to extort a greater dowry through continuous harassment and torture which sometimes results in the wife committing suicide. 5. Education Women currently make up two-thirds of the world’s illiterate adults. Whether they are kept from school in order to keep up with household chores or their father deems it time for them to marry, women are consistently being denied their right to education; a right hardly ever denied to their male counterparts. While numerous studies have been proven 6|Page

to show that educating women is key to eliminating poverty and aiding development, the gender gap in education in many of these developing countries is only continuing to increase.

Challenges for women in India There are many challenges that are currently plaguing the issues of women’s rights in India. A lot of issues are redundant and quite basic which has been faced across the country; they are contributory causes to the overarching status of women in India. Targeting these issues will directly benefit the empowerment of women in India.

 EDUCATION While the country has grown from leaps and bounds since its independence the gap between women and men education is severe. In comparison to 82.14% of adult educated men, only 65.46% of adult literate women are there in India. Additionally, the norm of culture that states that the man of the family is the be-all and end-all of family’s decisions is gradually deteriorating the Indian society. Eradicating this gap and educating women about their real place in the world is a step that will largely set this entire movement rolling down the hill to crash and break the wall of intolerance, negligence and exploitation. 

POVERTY

Poverty is considered the greatest threat to peace in the world, and eradication of poverty should be a national goal as important as the eradication of illiteracy. Due to abject poverty, women are exploited as domestic helps and wives whose incomes are usurped by the man of the house. If poverty were not a concern, then the girl child will be able to follow her dreams without concerns of sexual exploitation, domestic abuse and no education or work. 

HEALTH AND SAFETY

The health and safety concerns of women are paramount for the wellbeing of a country, and are important factors in gauging the empowerment of women in a country. However there are alarming concerns where maternal healthcare is concerned. While there are several programs that have been set into motion by the Government and several NGOs in the country, there is still a wide gap that exists between those under protection and those not. Poverty and illiteracy add to these complications with local quacks giving ineffective and downright harmful 7|Page

remedies to problems that women have. The empowerment of women begins with a guarantee of their health and safety.

Specific Laws for Women Empowerment in India Here is the list of some specific laws which were enacted by the Parliament in order to fulfill Constitutional obligation of women empowerment:  The Equal Remuneration Act, 1976. The Equal Remuneration Act, 1976 aims to provide for the payment of equal remuneration to men and women workers and for the prevention of discrimination, on the ground of sex, against women in the matter of employment and for matters connected therewith or incidental thereto. According to the Act, the term 'remuneration' means "the basic wage or salary and any additional emoluments whatsoever payable, either in cash or in kind, to a person employed in respect of employment or work done in such employment  The Dowry Prohibition Act, 1961. This Act prohibits the practice of giving or taking of dowry by either parties to a marriage. This law also punishes demanding and advertising dowry.It imposes a duty on parties getting married to make a list of gifts and presents.If dowry has been exchanged at a wedding anyway, it imposes a duty on the person who is given dowry to give it to the bride.  The Commission of Sati (Prevention) Act, 1987. Sati (Prevention) Act, 1987 is law enacted by Government of Rajasthan in 1987. It became an Act of the Parliament of India with the enactment of The Commission of Sati (Prevention) Act, 1987 in 1988. The Act seeks to prevent Sati practice or the voluntary or forced burning or burying alive of widows, and to prohibit glorification of this action through the observance of any ceremony, the participation in any procession, the creation of a financial trust, the construction of a temple, or any actions to commemorate or honor the memory of a widow who committed sat  The Prohibition of Child Marriage Act, 2006. The Prohibition of Child Marriage Act (PCMA) defines child marriage as marriage in which either the girl or the boy is underage, i.e., the girl is under 18 years of age or the boy is younger than 21 years. The Prohibition of Child Marriages Act was introduced in 2006 to address the weaknesses inherent in the former legislations. It came into effect from 1 November 2007, replacing the Child Marriage Restraint Act (CMRA) of 1929 or 8|Page

Sharda Act. This law was amended in 1978, wherein the legal age of marriage of girls was raised from 15 to 18 years and of boys from 18 to 21 years.  Immoral Traffic (Prevention) Act, 1956 The Immoral Traffic (Prevention) Act, 1956 is an Act which provides in pursuance of the International Convention signed at New York on the 9th day of May, 1950, for the prevention of immoral traffic. The Act intends to combat trafficking and sexual exploitation for commercial purposes. While prostitution is not an offence, practicing it in a brothel or within 200 m of any public place is illegal  Indecent Representation of Women (Prohibition) Act, 1986 The Indecent Representation of Women (Prohibition) Act, 1986 an Act of the Parliament of India which was enacted to prohibit indecent representation of women through advertisement or in publications, writings, paintings, figures or in any other manner.  National Commission for Women Act, 1990. The National Commission for Women Act was passed in the year 1990 by the notification of Central Government in the Official Gazette. As there was lack of constitutional, economical and social interest to protect the women in India they faced many problems and injustices caused to them. Government considered as handicapped as they lacked policies to face the problem of women, need for certain Commission to look in to the grievances of women. The National Commission for Women established in January 1992 under the Indian Constitution as defined in National Commission for Women Act, 1990. Central Government laid the structure for formation of Commission by passing the bill in Lok Sabha in May 1990, the bill was passed and received the president assent on 30th August 1990. The first Commission was constituted on January 31 1992 as Jayanti patnaik as the chairperson to assist the women in redressal of their grievances.  The Sexual Harassment of Women at Work Place (Prevention, Protection and) Act, 2013. The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 is a legislative act in India that seeks to protect women from sexual harassment at their place of work. It was passed by the Lok Sabha (the lower house of the Indian Parliament) on 3 September 2012. It was passed by the Rajya Sabha (the upper house of the Indian Parliament) on 26 February 2013. The Bill got the assent of the President on 23 April 2013. The Act came into force from 9 December 2013. This statute superseded the Vishakha Guidelines for prevention of sexual harassment introduced by the Supreme Court of India. 9|Page

Sexual Harassment It is unlawful to harass a person (an applicant or employee) because of that person’s sex. Harassment can include “sexual harassment” or unwelcome sexual advances, requests for sexual favors, and other verbal or physical harassment of a sexual nature. Harassment does not have to be of a sexual nature, however, and can include offensive remarks about a person’s sex. For example, it is illegal to harass a woman by making offensive comments about women in general.Both victim and the harasser can be either a woman or a man, and the victim and harasser can be the same sex. Although the law doesn’t prohibit simple teasing, offhand comments, or isolated incidents that are not very serious, harassment is illegal when it is so frequent or severe that it creates a hostile or offensive work environment or when it results in an adverse employment decision (such as the victim being fired or demoted).The harasser can be the victim's supervisor, a supervisor in another area, a co-worker, or someone who is not an employee of the employer, such as a client or customer. it is discriminatory for instance when the woman has reasonable grounds to believe that her objection would disadvantage her in connection with her employment or work including recruiting or promotion or when it creates a hostile work environment. The creation of a hostile work environment through unwelcome physical verbal or nonverbal conduct of sexual nature may consist not of a single act but of a pattern of behavior comprising many such acts. Thus, it is important that the victim report such behavior as soon as possible and not wait for it to become worse. In some cases, the psychological stigma of reporting the conduct of a co-worker might require a great deal of courage on the part of the victim and they may report such acts after a long period of time. The guidelines suggest that the complaint mechanism should ensure time bound treatment of complaints, but they do not suggest that a report can only be made within a short period of time since the incident occurred. The Vishakha Guidelines were a set of procedural guidelines for use in India in cases of sexual harassment. They were promulgated by the Indian Supreme Court in 1997 and were superseded in 2013 by The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 10 | P a g e

Pre-1997 the person facing sexual harassment at workplace had to lodge a complaint under Section 354 of the Indian Penal Code 1860 that deals with the 'criminal assault of women to outrage women's modesty', and Section 509 that punishes an individual/individuals for using a 'word, gesture or act intended to insult the modesty of a woman. During the 1990s, Rajasthan state government employee Bhanwari Devi who tried to prevent child marriage as part of her duties as a worker of the Women Development Programme was raped by the landlords of the community. The feudal patriarchs who were enraged by her (in their words: "a lowly woman from a poor and potter community") 'guts' decided to teach her a lesson and raped her repeatedly. The rape survivor did not get justice from Rajasthan High Court and the rapists were allowed to go free. This enraged a women's rights group called Vishaka that filed a public interest litigation in the Supreme Court of India.

 Vishakha vs. State of Rajasthan In 1997, the Supreme Court passed a landmark judgment in the same Vishaka case laying down guidelines to be followed by establishments in dealing with complaints about sexual harassment.Vishaka Guidelines were stipulated by the Supreme Court of India, in Vishakha and others v State of Rajasthan case in 1997, regarding sexual harassment at workplace. The court stated that these guidelines were to be implemented until legislation is passed to deal with the issue.[1] The case dealt with the brutal gangrape of Bhanwari Devi, a social worker who was working to spread awareness to end child marriage. The court decided to use this opportunity to create a protective framework for the female workforce of this country, an area where there had been huge lacunae in Indian Law. Thus comprehensive guidelines were issued by the Supreme Court to ensure that the female workforce of this country is protected from sexual violence and sexually charged gender-discrimination in the workplace. The court decided that the consideration of "International Conventions and norms are significant for the purpose of interpretation of the guarantee of gender equality, right to work with human dignity in Articles 14, 15 19(1)(g) and 21 of the Constitution and the safeguards against sexual harassment implicit therein. any incident results in violation of the fundamental rights of 'Gender Equality' and the 'Right of Life and Liberty'. It is violation of the rights under Articles 14, 15 and 21 of Constitution. One of the consequences of such an incident is also the violation of the victim's fundamental right under Article 19(1)(g) 'to practice any profession or to carry out any occupation, trade or business'. Such violations, therefore, attract the remedy 11 | P a g e

under Article 32 for the enforcement of these fundamental rights of women. This class action under Article 32 of the Constitution is for this reason. A writ of mandamus in such a siltation, if it is to be effective, needs to be accompanied by directions for prevention; as the violation of fundamental rights of this kind is a recurring phenomenon. The fundamental right to carry on any occupation, trade or profession depends on the availability of a "safe" working environment. Right to life means life with dignity. The primary responsibility fro ensuring such safety and dignity through suitable legislation, and the creation of a mechanism for its enforcement, is of the legislature and the executive. When, however, instances of sexual harassment resulting in violation of fundamental rights of women workers under Articles 14, 19 and 21 are brought before us for redress under Article 32, an effective redressal requires that some guidelines should be laid down for the protection of these rights to fill the legislative vacuum. In Nilabati Behera vs. State of Orissa 1993(2) SCC 746, a provision in the ICCPR was referred to support the view taken that an enforceable right to compensation is not alien to the concept of enforcement of a guaranteed right', as a public law remedy under Article 32, distinct from the private law remedy in torts. There is no reason why these international conventions and norms cannot, therefore, be used for construing the fundamental rights expressly guaranteed in the Constitution of India which embody the basic concept of gender equality in all spheres of human activity. The case of Apparel Export Promotion Council v. Chopra which emphasized that sexual harassment is gender based discrimination and quoted the International Labour Organization for the same. The Sexual Harassment at Workplace Bill was tabled in the Parliament in 2007. This in turn prompted cases such as Grewal v Vimmi Joshi that emphasized on the stipulations of the bill while delivering judgments related to sexual harassment. However none of them vigorously asked for a bill to be passed, thereby turning a blind eye to the issue. It was finally after 16 years that a bill was passed relating to sexual harassment in India The bill not only faulted on certain essential provisions, but also failed to take account of certain inviolable theories relating to the aspect of sexual violence. The Vishakha guidelines define sexual harassment including unwelcome sexually determined behaviour (whether directly or by implication) as: a) Physical contact and advances; b) A demand or request for sexual favours; c) Sexually coloured remarks;

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d) Showing pornography; e) Any other unwelcome physical, verbal or non-verbal conduct of sexual nature

Types of Sexual Harassment There are two types of sexual harassment that are legally recognized:  Quid pro quo sexual harassment  Hostile environment sexual harassment Quid Pro Quo Sexual Harassment Quid pro quo sexual harassment occurs when an employee gets on the promotion track or even gets to keep his/her job is based on if the employee submitted to or rejected sexual advances or other types of inappropriate sexual comments. For example, if a supervisor were to tell an employee she would be more likely to be promoted if she dressed sexier, that would be considered quid pro quo sexual harassment. Remember, if an employee submits to the sexual advance or comment, it does not necessarily mean that the employee is then barred from ever making a complaint. If the employee should change her mind, she can still complain against the supervisor who made the comment. Hostile Environment Sexual Harassment This type of sexual harassment occurs when a co-worker or supervisor in the workplace makes sexual advances or comments to an employee that, while not affecting promotions or the future of the employee's job, makes the working environment of the employee offensive and hostile. In general, the comments tend to affect the employee's ability to do her job. Some instances of hostile environment sexual harassment can be:  Personal questions of a sexual nature  Vulgarities and other offensive language  Physical conduct that is sexual or degrading to any reasonable person  Any sexually explicit or offensive pictures or literature that is in plain site of other employees

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If the employer was aware, or should have been aware, of the sexual harassment and did not take action to discipline the offender and correct the situation, the employer can be liable as well as the offender. The causes and forms of harassment are wide-ranging and complex. The same behaviour may be inoffensive to one person and deeply offensive and intimidating to another. Unintentional or misinterpreted behaviour may cause feelings of harassment.

Number of cases reported in state women commission Jharkhand : from 2013-2016 District : Ranchi

Month / Year

Sexual Harassment

July/13

3

Sexual harassment on assurance of marriage

August/13

3

Mistreatment of women

September/13

4

Mistreatment of women

November/13

6

Sexual harassment on assurance of marriage

December/13

8

Mistreatment of women

January/14

10

February/14

6

March/14

4

Sexual harassment on assurance of marriage Sexual harassment on assurance of marriage Mistreatment of women

April/14 May/14

5 9

June/14 July/14

9 14

August/14

5

September/14

7

October/14

7

14 | P a g e

Rape

1 1

Matter

Mistreatment of women Mistreatment of women Mistreatment of women Sexual harassment on assurance of marriage Mistreatment of women Sexual harassment on assurance of marriage Mistreatment of women

November/14

7

Mistreatment of women

December/14

4

Mistreatment of women

January/15

9

Mistreatment of women

February/15

8

March/15

8

April/15

7

Sexual harassment on assurance of marriage Sexual harassment on assurance of marriage Mistreatment of women

May/15

5

June/15

8

July/15

10

August/15

6

September/15

6

October/15

3

November/15

4

December/15

4

January/16

4

February/16

3

March/16

7

April/16

1

May/16

3

June/16

12

July/16

5

August/16

2

September/16

2

Total

225

15 | P a g e

Sexual harassment on assurance of marriage Sexual harassment on assurance of marriage Mistreatment of women Sexual harassment on assurance of marriage Sexual harassment on assurance of marriage Mistreatment of women Sexual harassment on assurance of marriage Sexual harassment on assurance of marriage Mistreatment of women Sexual harassment on assurance of marriage Mistreatment of women Sexual harassment on assurance of marriage Mistreatment of women Sexual harassment on assurance of marriage Mistreatment of women Sexual harassment on assurance of marriage Mistreatment of women 2

District – Jamshedpur

Month / Year July/13

Sexual Harassment 1

August/13

1

September/13

2

November/13

1

December/13

1

January/14

2

February/14

1

March/14

1

April/14

1

June/14

7

Sexual harassment on assurance of marriage Mistreatment of women

August/14

2

Mistreatment of women

November/14

1

January/15

1

Sexual harassment on assurance of marriage Mistreatment of women

May/15

1

Mistreatment of women

September/15

1

October/15

1

Sexual harassment on assurance of marriage Mistreatment of women

November/15

1

Mistreatment of women

16 | P a g e

Rape

Matter Sexual harassment on assurance of marriage Mistreatment of women Sexual harassment on assurance of marriage Mistreatment of women Sexual harassment on assurance of marriage Sexual harassment on assurance of marriage Sexual harassment on assurance of marriage Mistreatment of women

December/15

1

Total

27

Mistreatment of women

District: Bokaro

Month / Year July/13

Sexual Harassment 3

August/13

1

September/13

2

December/13

2

May/14

1

Rape 1

Matter Mistreatment of women Sexual harassment on assurance of marriage Mistreatment of women

1

Mistreatment of women

1

July/14

2

Sexual harassment on assurance of marriage Sexual harassment on assurance of marriage Mistreatment of women

August/14

2

Mistreatment of women

September/14

2

Mistreatment of women

November/14

2

Sexual harassment on assurance of marriage Mistreatment of women

June/14

December/14

1

January/15

1

Mistreatment of women

March/15

1

Mistreatment of women

May/15

1

July/15

1

Sexual harassment on assurance of marriage Mistreatment of women

September/15

1

Mistreatment of women

17 | P a g e

October/15

1

December/15

2

January/16

1

March/16

1

Total

27

Sexual harassment on assurance of marriage Mistreatment of women Sexual harassment on assurance of marriage Mistreatment of women 4

District: Hazaribagh

Month / Year July/13

Sexual Harassment 3

September/13

3

Mistreatment of women

December/13

1

Sexual harassment on assurance of marriage

February/14

3

Mistreatment of women

April/14

1

Sexual harassment on assurance of marriage

May/14

1

Sexual harassment on assurance of marriage

June/14

4

Mistreatment of women

July/14

4

Mistreatment of women

August/14

1

Mistreatment of women

November/14

1

Sexual harassment on assurance of marriage

February/15

1

Mistreatment of women

May/15

1

Mistreatment of women

18 | P a g e

Rape

Matter Mistreatment of women

June/15

1

Sexual harassment on assurance of marriage

July/15

1

Sexual harassment on assurance of marriage

August/15

2

Sexual harassment on assurance of marriage

November/15

2

Mistreatment of women

June/16

1

Mistreatment of women

Total

31

District: Ramgarh Month / Year July/13

Sexual Harassment 1

November/13

1

Mistreatment of women

December/13

1

Mistreatment of women

January/14

1

Sexual harassment on assurance of marriage

March/14

1

Mistreatment of women

April/14

1

Sexual harassment on assurance of marriage

June/14

2

Mistreatment of women

July/14

2

Mistreatment of women

September/14

1

Mistreatment of women

19 | P a g e

Rape

Matter Mistreatment of women

January/15

1

Mistreatment of women

February/15

1

Mistreatment of women

March/15

1

Mistreatment of women

May/15

1

Sexual harassment on assurance of marriage

June/15

1

Mistreatment of women

July/15

2

Sexual harassment on assurance of marriage

August/15

1

Mistreatment of women

September/15

1

Mistreatment of women

October/15

1

Mistreatment of women

January/16

1

Mistreatment of women

June/16

1

Mistreatment of women

July/16

1

Mistreatment of women

Total

24

District: Khunti

Month / Year July/13

Sexual Harassment 1

August/13

1

Mistreatment of women

February/14

1

Sexual harassment on assurance of marriage

June/14

1

Mistreatment of women

July/14

2

Mistreatment of women

20 | P a g e

Rape

Matter Mistreatment of women

October/14

1

Mistreatment of women

February/15

1

April/15

1

Sexual harassment on assurance of marriage Sexual harassment on assurance of marriage

May/15

1

Mistreatment of women

November/15

1

Mistreatment of women

February/16

1

Sexual harassment on assurance of marriage

May/16

1

Mistreatment of women

Total

13

District: Dhanbad

Month / Year July/13

Sexual Harassment 1

September/13

7

Sexual harassment on assurance of marriage

November/13

2

Mistreatment of women

March/14

1

Sexual harassment on assurance of marriage

April/14

1

Mistreatment of women

May/14

2

Sexual harassment on assurance of marriage

21 | P a g e

Rape

Matter Mistreatment of women

June/14

1

Mistreatment of women

July/14

1

Mistreatment of women

January/15

2

Mistreatment of women

April/15

1

Mistreatment of women

May/15

1

December/15

1

Sexual harassment on assurance of marriage

March/16

1

Mistreatment of women

May/16

1

Sexual harassment on assurance of marriage

Total

23

1

Mistreatment of women

1

District - Palamu

Month / Year July/13

Sexual Harassment 1

March/14

1

Sexual harassment on assurance of marriage

August/15

1

Mistreatment of women

July/16

1

Sexual harassment on assurance of marriage

Total

4

District –Deogarh

22 | P a g e

Rape

Matter Mistreatment of women

Month / Year July/13

Sexual Harassment 1

Rape

Matter Mistreatment of women

February/14

1

Sexual harassment on assurance of marriage

April/14

1

Mistreatment of women

May/14

1

Mistreatment of women

November/14

1

Mistreatment of women

May/15

1

Sexual harassment on assurance of marriage

September/15

1

Mistreatment of women

October/15

1

Sexual harassment on assurance of marriage

Total

8

DISTRICT – E.SINGHBHUM

Month / Year July/13

Sexual Harassment 1

July/14

1

Sexual harassment on assurance of marriage

August/14

1

Mistreatment of women

December/14

1

Sexual harassment on assurance of marriage

April/15

1

Sexual harassment on assurance of marriage

July/15

1

Sexual harassment on assurance of marriage

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Rape

Matter Mistreatment of women

Total

6

DISTRICT- CHATRA

Month / Year August/13

Sexual Harassment 1

December/13

1

Sexual harassment on assurance of marriage

May/14

1

Mistreatment of women

July/14

1

Mistreatment of women

August/15

Rape

1

February/16

1

Total

5

Matter Mistreatment of women

Sexual harassment on assurance of marriage Mistreatment of women

1

DISTRICT –GUMLA

Month / Year August/13

Sexual Harassment 1

September/13

1

Sexual harassment on assurance of marriage

November/13

1

Sexual harassment on assurance of marriage

December/13

1

Sexual harassment on assurance of marriage

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Rape

Matter Mistreatment of women

March/14

1

Mistreatment of women

May/14

2

Sexual harassment on assurance of marriage

April/15

1

Sexual harassment on assurance of marriage

June/15

2

Sexual harassment on assurance of marriage

July/15

1

Sexual harassment on assurance of marriage

October/15

1

Mistreatment of women

January/16

1

Mistreatment of women

February/16

2

Mistreatment of women

October/16

1

Sexual harassment on assurance of marriage

Total

16 DISTRICT-SAHEBGUNJ

Month / Year August/13

Sexual Harassment 1

October/13

1

Mistreatment of women

December/13

1

Sexual harassment on assurance of marriage

April/14

1

Mistreatment of women

May/14

1

Mistreatment of women

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Rape

Matter Sexual harassment on assurance of marriage

November/14

1

Sexual harassment on assurance of marriage

December/14

1

Sexual harassment on assurance of marriage

May/15

1

Mistreatment of women

September/15

2

Mistreatment of women

Total

9

1

DISTRICT- LATEHAR

Month / Year August/13

Sexual Harassment 1

Rape

Matter Sexual harassment on assurance of marriage

January/14

1

Sexual harassment on assurance of marriage

June/14

1

Sexual harassment on assurance of marriage

June/15

1

Mistreatment of women

December/15

1

Mistreatment of women

January/16

1

Sexual harassment on assurance of marriage

July/16

2

Mistreatment of women

Total

8 DISTRICT- GIRIDHIH

Month / Year September/13 26 | P a g e

Sexual Harassment 2

Rape

Matter Mistreatment of women

October/13

1

Sexual harassment on assurance of marriage

February/14

1

Mistreatment of women

March/14

1

Mistreatment of women

April/14

1

Mistreatment of women

May/14

1

Sexual harassment on assurance of marriage

September/14

1

Sexual harassment on assurance of marriage

October/14

1

Mistreatment of women

March/15

1

Sexual harassment on assurance of marriage

June/15

1

Mistreatment of women

August/16

1

Sexual harassment on assurance of marriage

Total

12

DISTRICT- GODDA

Month / Year September/13

Sexual Harassment 1

Rape

Matter Mistreatment of women

March/14

1

1

Sexual harassment on assurance of marriage

November/14

1

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Sexual harassment on assurance of marriage

December/14

1

Mistreatment of women

January/15

1

Mistreatment of women

June/15

1

Mistreatment of women

August/15

1

Sexual harassment on assurance of marriage

Total

6

2

DISTRICT-SARAYKELA

Month / Year October/13

Sexual Harassment 1

Rape

Matter Mistreatment of women

May/14

1

Mistreatment of women

June/14

1

Sexual harassment on assurance of marriage

August/14

1

Mistreatment of women

February/15

2

Sexual harassment on assurance of marriage

August/15

1

Sexual harassment on assurance of marriage

February/16

1

Mistreatment of women

Total

8 DISTRICT-LOHARDAGA

Month / Year October/13 28 | P a g e

Sexual Harassment 1

Rape

Matter Mistreatment of women

January/14

1

Sexual harassment on assurance of marriage

July/14

1

Sexual harassment on assurance of marriage

August/16

1

Sexual harassment on assurance of marriage

Total

4

DISTRICT-PAKUR

Month / Year

Sexual Harassment

January/14

Rape

Matter

1

Mistreatment of women

June/14

1

Sexual harassment on assurance of marriage

August/14

1

Sexual harassment on assurance of marriage

Total

4

1

DISTRICT – GADHWA

Month / Year

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Sexual Harassment

Rape

Matter

November/13

2

Sexual harassment on assurance of marriage

December/13

2

Sexual harassment on assurance of marriage

January/14

1

Mistreatment of women

July/14

1

Sexual harassment on assurance of marriage

February/15

1

Sexual harassment on assurance of marriage

July/15

1

Sexual harassment on assurance of marriage

December/15

1

Mistreatment of women

April/16

1

Mistreatment of women

Total

10 DISTRICT-KODERMA

Month / Year December/13

Sexual Harassment 1

August/15

1

Total

2

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Rape

Matter Mistreatment of women Sexual harassment on assurance of marriage

250

200

150

100

50

0 i j r a a r r h a a a a a h h t d u h ch dpu ka ro ag ga r un ba a m gar hum atr ml ga n eha dhi dd kel da g a ku hw rm n h b y n l h u o d e t i P b r o a i b e o m a a r G C a a G he L i G a r ha e h R s h B za r a Ga Kod G R Dh P D i ng a S Lo a m S H Ja E.s

District

Total cases

Ranchi

225

Jamshedpur

27

Bokaro

27

Hazaribagh

31

Ramgarh

24

Ghunti

13

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Dhanbad

23

Palamu

4

Deogarh

8

E.singhbhum

6

Chatra

5

Gumla

16

Sahebganj

9

Latehar

8

Giridhih

12

Godda

6

Saraykela

8

Lohardaga

4

Pakur

4

Gadhwa

10

Koderma

2

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Jamshedpur Bokaro Hazaribagh Ramgarh Ghunt Dhanbad Palamu Deogarh E.singhbhum Chatra Gumla Sahebganj Latehar Giridhih Godda Saraykela Lohardaga Pakur Gadhwa Koderma

CASE STUDY

1)Case no- 64/11 Date of filing-11.5.11 Name of Petitioner – Prabash Mukherjee 33 | P a g e

Name of Respondant – Dr. Kailash Nath Nature of Case - Harassment Place -Chakradharpur Facts and Judgement – According to Prabash Mukherjee, Dr. Kailash Nath (Posted in Chakradharpur Railway Hospital )along with other hospital officer were harassing his wife mentally,financially and physically. His wife worked as a matron in the same hospital . As she raised her voice against the doctor and his companion for corruption She was being harassed by them. On 13/7/11 State commission stated the according to the court Probash Mukherjee was held guilty for her allegation and Dr. Kailash Nath and was declared malafide. Chief medical superintendent wrote a letter to chief medical director that B.mukherjee was informed to deposit her statement and provide any evidence in her possession . She did not appear in the given date of enquiry and she challenged the engagement of the undersigned as enquiry officer on the ground that the undersigned is the party in the case .Thus, charge against the doctor Kailash Nath could not be proved. 2)Date of filing-20.3.14 Name of Petitioner –Narad Yadav Name of Respondant –Chunchun Yadav Nature of Case - Rape Place –Godda Facts and Judgement – According to Narad Yadav ,his wife was kidnapped by chunchun yadav along with his brothers and raped her before throwing in jungle. Chunchun yadav wrote a letter to the chairman of state commission of women stating that during the investigation , the tribals were being interrogated where the incident took place and was found that no such incident took place and also stated that he is taking revenge for an old enemity. S.P of godda stated that according to the evidence chunchun yadav along with his ground was found kidnaping and raping the victim and was held guilty. 34 | P a g e

3) Date of filing-12.2.13 Name of Petitioner –Saraswati Devi Name of Respondant –Nilima Badaik Nature of Case -Harassment Place –Ranchi Facts and Judgement – According to Saraswati Devi ,Nilima Badaik opened a beauty parlor in a lodge rented by Saraswati Devi. After the duration ended Nilima stopped giving the rent and did not leave the lodge being told by the owner many times. Having heard the counsel for the sides the High Court stated that , it appears that the Jharkhand buildings(lease, rent &eviction) control Act,2011 has not been brought into force because the state of Jharkhand has not issued the necessary notification ,therefore the power delegated to S.D.O Sadar cannot exercise his power and we quash and set aside the proceedings before S.D.O (Sadar) Ranchi State Commission for women declared that Saraswati Devi is giving 80,000 rs by draft and 20,000 rs by cash to Nilima and according to it Nilima would hand over the key to Saraswati Devi and hereby the proceedings are over.

4) Date of filing-12.02.15 Name of Petitioner –Shivani Tirki Name of Respondant –Narayam Tirki Nature of Case –Harassment Place –Ranchi Facts and Judgement – According to Shivani Tirki, Narayan Tirki sexually harassed her for 12 years after promising her marriage and refused to marry her thereafter. 35 | P a g e

On 17.2.15 Shivani Tirki wrote a 2nd letter stating that both of their families have agreed for the marriage between them and she wants to withdraw the case and the action against Narayan Tirki.

Conclusion: The cases reported in state commission for women Jharkhand shows highest cases arrives from Ranchi which queries on our law & order and law makers our politician, and our police department in the state capital itself. The lowest cases recorded from koderma which shows women are more sheltered and unscathed than any other places in Jharkhand.

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The appalling situation of the adivasi women presented here points out the drastic changes that have to be made even if minimum improvements in their conditions is to be achieved. Adivasis are among the most deprived and oppressed sections of India. Gender bias and gender oppression has meant that Adivasi women are worst affected in the state of Jharkhand. Half of the adivasi people do not have land. Even when they own some land, in most cases they may be only marginal holdings.women are wrongly influenced and mistreated that results in loss of the acquisition of land. In many cases women are sexually harassed on assurance of marriage that states the unawareness of crimes that is happening in the state .,tribal women may be most exploited and marginalized people in our state. This shows that the exploitive ,oppressivesocio economic order of the society itself has to be drastically changed if all of them have to be liberated.thus, it is a joint struggle of these classes and separate struggle from each as the causes are similar in all the cases. The study confirms the high prevalence of sexual harassment against women across all the districts of the state.however, urban residence,older age , lower education and lower family income are associated with occurrences of mistreatment of women. The situation has public health implications as public health can have a role in preventing the violence and its health consequences.Also, the primary healthcare institutions should be institutionalize the routine screening and treatment for sexual harassment that results in injuries and trauma. These results also provide vital information to assess the situation to develop interventions as well as policies and programs towards prevention harassment against women. Bokaro recored maximum number of rape cases that states the govt laws are imperfect for the safety of women.Creating a safer society for women requires identifying the relevant policy and then providing them with incentives and information that align their interests .It is common for governments to enact laws that is good and appease the public, but are impossible to implement. Better policies can change the safety of women in Jharkhand.

Suggestions 1. State Commission for Women Jharkhand should ask the government to 

ensure constitution of Internal Complaints Committee (ICC) in accordance  with Supreme Court guidelines in its departments 37 | P a g e

2.  It also should conduct gender sensitization workshops for top level  management officials and better functioning of the commission. 3. The commission should also highlight  the need for orientation programs  for employees to sensitize them on sexual harassment.  4. The commission should also enhance communication strategies to combat  violation against women. 5. The commission should organize the awareness camps to women to aware  them about their rights and laws and the consequences of the crimes. 6. The commission should look after women trafficking cases more seriously  beacause small girls are even trafficked now. 7. The victim of Rape and sexual harassment should be given special care  even mental checkups should be given so that they can forget their bad time and living their life 8. The commission should also look after the victims or witnesses that  are not victimized or discriminated against while dealing with complaints of sexual harassment.

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  

http://www.indiacelebrating.com/social-issues/women-empowerment/



Demonitozation article



Law octopus

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