Tag Archive for Women’s groups

UN asks India to protect sex workers rights, repeal 377, curb growing violence against women

UN- 2014- India-women- report

UN Special Rapporteur highlights pervasive gender stereotyping in media and community and entrenched patriarchal attitudes in public officials, judicial officers and the police force, as an impediment to curbing violence against women

By Team FI

In an important step towards recognizing sex worker rights in India, the United Nations Special Rapporteur on Violence against Women called on the Indian Government to review the trafficking legislation which criminalizes women in sex work.

The Special Rapporteur, Rashida Manjoo, also urged the government to repeal section 377 of the Penal Code, which criminalizes gay sex and amend the new rape law of 2013 – in particular to review the provisions that provide for the death penalty and to include the definition of marital rape as a criminal offence.

The Report on Violence Against Women, its causes and consequences, Mission to India was submitted to the UN General Assembly in April 2014 and was based on the India mission undertaken by the Special Rapporteur in April 2013. The Special Rapporteur received written submissions and listened to depositions from women’s organizations, networks, affected individuals, and government officials across the length and breadth of India during her visit.

According to the report, the overall conviction rate in India for crimes listed in the Penal Code was 38.5 per cent in 2012, the lowest in 10 years, which was largely due to delays in the finalization of cases. Quoting the National Crimes Records Bureau, the Rapporteur expressed concern over the fact that while conviction rate for crimes against women (21.3%) remained low while a 24.7 % increase was recorded in the reports of crimes against women after 2008. The proportion of registered cases of crimes committed against women vis-à-vis crimes in total increased from 8.9 per cent in 2008 to 10.2 per cent in 2012. As per the report, “the low conviction rate and the higher number of cases registered will not act as a deterrent for future crimes against women, nor will it engender trust in the judicial system.”

The Special Rapporteur also raised concern about the deeply entrenched patriarchal attitudes of police officers, prosecutors, judicial officers and other relevant civil servants, with regard to the handling of cases of violence against women noted that the “persistence of harmful practices, pervasive gender stereotypes and deeply entrenched patriarchal social and cultural norms is of serious concern.”

The Special Rapporteur stated that it also received reports indicating that the legal basis of the National Commission for Women is not in accordance with international standards; that the institution lacks foundational, functional, operational, political and financial independence. The report also stated that there a “number of allegations highlighted the Commission’s inability to deal with complaints effectively and undertake independent investigations into violations of women’s rights.”

The report is also deeply concerned about the prevalence of dowry-related practices throughout the country and the increasing number violence and deaths related to dowry payment.

Violence against Sex workers
For perhaps the first time, the Report of the Special Rapporteur on Violence Against Women, underscored the need to address the violence faced within sex work from state and non – state actors and the lack of avenues for legal redress. It notes that sex workers in India are “exposed to a range of abuse including physical attacks, and harassment by clients, family members, the community and State authorities”.

It further states that “sex workers are forcibly detained and rehabilitated and consistently lack legal protection”; and that they “face challenges in gaining access to essential health services, including for treatment for HIV/AIDS and sexually transmitted diseases”.

Violence against minority women
Commenting on violence faced by women belong to minority communities, the report stated that impunity for crimes relating to communal violence is “the norm”. The recommendations of the Committee on the Elimination of Discrimination against Women relating to the Gujarat massacre have not been fully addressed as yet. Moreover, the draft Communal Violence (Prevention, Control and Rehabilitation of Victims) Bill has been pending in Parliament for over eight years; despite the necessity for such a law.

The report has also urged the government to Repeal, as a matter of urgency, the Armed Forces (Special Powers) Act and the Armed Forces (Jammu and Kashmir) Special Powers Act and ensure that criminal prosecution of members of the Armed Forces is free from legal barriers.

Main observations made by the Special Rapporteur
Violence against women in India is systematic and occurs in the public and private spheres. Women are discriminated against and subordinated not only on the basis of sex, but on other grounds, such as caste, class, ability, sexual orientation, tradition and other realities. The manifestations of violence against women are a reflection of the structural and institutional inequality that is a reality for most women in India.

Sexual violence

According to the National Crime Records Bureau, in 2012, 2.84 cases of rape were reported every hour. Many interlocutors stated that there was a general sense of insecurity for women in public spaces, especially in urban settings. Women are easy targets of attacks, including sexual violence, whether while using public transportation or sanitation facilities or on the way to collect wood and water.

Civil and political rights
In terms of women’s participation in parliaments, India stands at 111 out of 188 States as per the Inter-Parliamentary Union. The proportion of female judges is very low. At the local level, there have been numerous allegations of abuse of authority by and patriarchal attitudes of women elected to Gram Panchayats (whether by choice or through coercive influences) and of abuse by community leaders, including members of the illegal informal courts of the Khap Panchayats.

The Special Rapporteur stated that she could not engage directly with Gram Panchayats despite her requests.

Violence against women in the family

The physical, sexual and psychological abuse of women in the private sphere is widely tolerated by the State and the community. The perpetrators include husbands, in-laws and other family members. The widespread socioeconomic dependency of women subordinates them to their husbands and other family members. The fear of social exclusion and marginalization, and the lack of effective responses to violence, keeps them in a context of continuous violence and intimidation. The report also noted the prevalence of honour crimes in the country.

As per National Crime Records Bureau there is also an alarming increase in violence and killings linked to dowry payments – as reported under the Dowry Prohibition Act since 2008 and a significant increase in such crimes since 2010. Concerns about the lack of effective implementation of the law were noted.

Sex ratio
Research has documented a trend of declining girl-child sex ratio from 962 per 1,000 males in 1981, to 945 in 1991, to 927 in 2001, to 914 in 2011. Patriarchal norms and socioeconomic factors have reportedly fuelled the decline. The desire for sons has led to a “policing” of pregnancies by spouses and families through prenatal monitoring systems. The results can lead to sex-selective abortions, which are often forced on women in violation of their sexual and reproductive rights. Despite specific legislation to address this problem, including stringent measures in case of contravention, there is a continuing prevalence of sex-selection practices in some states.


Early marriage and forced marriage

With regard to early and/or forced marriages, the implementation of the Prohibition of Child Marriage Act, 2006 has resulted in some reduction in the overall percentage of early marriages. However, there are significant gaps in the legislation, particularly in the Penal Code, whereby child marriages are allowed through the practice of declaring them voidable, not void.

Caste-based violence
Dalit and Adivasi women and women from other scheduled castes and tribes and other “backward classes” are frequent victims of multiple and intersecting forms of discrimination, as well as violence. The intergenerational nature of caste-based discrimination condemns women to a life of exclusion, marginalization and disadvantage in every sphere of life. Many of those women are denied an education and economic opportunities, and perform dangerous and unprotected work, including bonded labour (debt bondage) and manual scavenging, which are both widely regarded as forms of forced labour and modern forms of slavery.

Communal violence
Numerous testimonies shared on recurrent episodes of communal violence against religious minorities, including Muslims and Christians; reflect a deep sense of insecurity and trauma of women living in those communities. Experiences included women being stripped, burned, attacked with objects inserted into their vaginas and sexually assaulted in myriad ways because of their religious identity.

It was reported that perpetrators of those crimes usually held positions of authority and often went unpunished. Further, those minorities are allegedly excluded from access to education, employment and adequate housing on equal terms with other citizens, despite the existence of affirmative action schemes and measures by the Ministry of Minority Affairs and the National Commission for Minorities.

Women with disabilities
Women with disabilities face multiple challenges, including, for example, the lack of adequate access to public spaces, utilities and buildings, and often experience harassment in public. The Special Rapporteur was informed of violence perpetrated against women with disabilities in State-sponsored shelters.

Lesbian and Transgender women
Section 377 of the Penal Code criminalizes sexual activities “against the order of nature”. This particularly affects the protection rights of lesbian and transgender women and has been used by parents as an excuse to prevent homosexuality in their families. The mere perception of different sexual orientation is sufficient to put people at risk of violence and is a contributory factor to the inability of the lesbian, gay, bisexual, transgender and intersex community to report cases of violence.

Sex workers
Sex workers are exposed to a range of abuse, including physical attacks and harassment by clients, family members, the community and State authorities. Many sex workers are forcibly detained and rehabilitated, and they also face a consistent lack of legal protection. Many face challenges in gaining access to essential health services, including for treatment for HIV/AIDS and sexually transmitted diseases. A recent order of the Supreme Court of India took the position that a sex worker engaged in such work to survive and was “not leading a life of dignity”. The Special Rapporteur noted a tendency to conflate sex work with trafficking in persons, and when sex workers are identified as victims of trafficking, the assistance that is provided to them is not targeted to their specific needs.

Trafficking of women and girls
The trafficking of women and girls from, and to, India was reported as widespread. Disadvantaged women from minority groups, scheduled castes and tribes and the “backward castes” are usually the main victims. Women who are trafficked and forced into prostitution are left unable to defend their rights, and lack access to rehabilitation and compensation for such crimes. This lack of protection and prioritization of the problem by the State has intensified the violence perpetrated against them by criminals or those involved in trafficking practices.

The complicity of State officials in human trafficking was also reported as a concern. The Immoral Traffic (Prevention) Act, 1956 and its amendments are reportedly more directed at safeguarding public moral than combating trafficking in line with the protocol to prevent, suppress and punish trafficking in persons, especially women and children.

Widows
Widows also face particular vulnerabilities, as they are often denied and dispossessed of property by their in-laws following the death of a spouse. In addition, social exclusion and poverty lead some widows to engage in sex work and prostitution, and their children to perform hazardous labour or beg on the streets.

Forced evictions
The State’s efforts to foster economic growth and implement development projects are allegedly often conducted without adequate consultations with affected communities, with the sole objective being one of economic growth at any cost.

The consequences for women include being forced to live in insecure environments, displacement; the degradation of their environment, the loss of land and livelihoods and forcible evictions. Many victims are left without adequate relocation alternatives, forcing them to live in slums or on the streets.

Witch-hunting

The Special Rapporteur was informed of brutal acts of violence against women, including executions, commonly referred to as “witch-hunting”. The stigma that is attached to women, who are labeled a “witch”, and the rejection they experience within their communities, leads to various violations and is an obstacle to gaining access to justice. Such labeling affects family members across generations. There is reportedly little or no official investigation into such violations.

Violence condoned or perpetrated by the State
Women living in militarized regions, such as Jammu and Kashmir and the north-eastern states, live in a constant state of siege and surveillance, whether in their homes or in public.

Information received through both written and oral testimonies highlighted the use of mass rape, allegedly by members of the State security forces, as well as acts of enforced disappearance, killings and acts of torture and ill-treatment, which were used to intimidate and to counteract political opposition and insurgency. Testimonies also highlight the impact of that situation on women’s health, including psychological disorders such as post-traumatic stress disorder, fear psychosis and severe anxiety, with such conditions having a negative impact on women’s physical well-being.

Additionally, the freedoms of movement, association and peaceful assembly are frequently restricted. The specific legal framework that governs those areas, namely, the Armed Forces (Special Powers) Act and its variations, allows for the overriding of due process rights and nurtures a climate of impunity and a culture of both fear and resistance by citizens.

Custodial violence
In 2012 there were 20 women’s prisons and 21 centres for the rehabilitation of juvenile offenders. Furthermore there are rehabilitation centres for sex workers. Women account for 4.4 per cent of all inmates in the country. Women prisoners are scattered across the country, often in violation of international standards aimed at ensuring that those wishing to maintain family relationships during custody can do so. Concerns were raised about a lack of adequate protective measures to ensure the safety of inmates, including from gender-related killings. In 2012, 55 deaths of female inmates were registered, of which eight were suicides.

Fair trial rights

Fair trial rights, equality before the law and equal protection of the law were affected by numerous challenges, beginning with the reporting of cases of violence against women to the police. Many interlocutors said that victims were often discouraged from reporting to the police and that many women did not file a complaint owing to fear of reprisals or lack of guarantees of adequate shelter and access to livelihoods. Informal dispute settlement alternatives are often sought, allegedly by police, family members or community leaders. Many interlocutors described the complete or partial absence of legal, housing, security and financial assistance measures for victims. To be able to officially report complaints and continue throughout the often lengthy judicial process in safety and with an adequate standard of living is not an option for many women.

The Special Rapporteur received information indicating that human rights defenders, including women’s organizations, face numerous challenges, including harassment, intimidation and reprisals. Those concerns echo the findings contained in the 2011 report of the Special Rapporteur on the situation of human rights defenders.

Profit-oriented microfinance institutions
The Special Rapporteur noted concerns with regard to profit-oriented microfinance institutions involving microfinance products for women, and the failure of the State to protect and prevent abuses. Vulnerable women reportedly receive multiple loans and are sold financial products with little or no information, and the unequal bargaining power between such institutions and clients is not addressed by regulation.

Such practices result in over-indebtedness and the inability to pay back, which leads to harassment and threats and women being excluded from their families and communities. Some have reportedly committed suicide as a result of such abuse. It is unclear if the larger problem is a lack of, or inadequate, regulation of microfinance institutions.

Domestic workers
Women employed as domestic workers are often irregular migrants and unregistered women who operate in a poorly regulated labour market and who are usually considered as belonging to the bottom of a social class. They become easy targets for abusive employers, who force them to work long hours in return for low salaries and often deduct amounts for leave days taken. Many are prevented from using the employer’s sanitary facilities and are forced to defecate and bathe in public, and are subjected to various forms of harassment and violence.

Violence against women in the transnational sphere
Many women refugees and asylum seekers are unskilled workers who often perform hazardous labour in urban and informal settings. While access to education and health care is provided for free by the Government, access to livelihoods is still a challenge, particularly in urban or semi-urban areas. Many of those women earn low wages and are forced to live in small and overcrowded apartments, with a lack of access to basic sanitation in less developed urban settings. Such factors contribute to poor health conditions and other vulnerabilities.

Language barriers often impede their ability to gain access to health care, education and the justice system. Despite improvements in criminal law and police procedures, women refugees and asylum seekers continue to voice safety concerns, as they are frequent targets of attacks and harassment by employers, landlords and community members in public and private spheres.

Economic rights and the right to development

Economic development focus for women remains one of subsistence and does not necessarily take into account, or address sufficiently, the gendered and class nature of systemic and structural inequality and discrimination.

Whereas the participation of all citizens in the economy is considerable, women’s labour force participation is significantly lower, at 25.7 per cent, as compared to men at 77.4 per cent. An International Labour Organization source indicates that the participation of women in the workforce fell from 37.3 per cent in 2004/05 to 29.0 per cent in 2009/10.

While job opportunities for women are in decline, women were found to be in precarious jobs requiring low skills and offering low and unequal wages. Daily earnings for women in recent decades has been comparatively lower than those of men in virtually all sectors

Sexual Harassment of Women at Workplace
Legal measures have been instituted to address sexual harassment in the workplace. The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 defines sexual harassment comprehensively and is largely in line with the 1997 Vishaka judgment. It provides for complaints committees in all workplaces employing at least 10 persons. Moreover, while penalties are prescribed in the event of a false or malicious complaint, the Act seeks to prevent the revictimization of victims who are unable to provide adequate proof or substantiate a complaint.

Social and cultural rights
Pervasive gender stereotyping, whether in the media, in the community or in discourses by public officials, was highlighted as an impediment to women’s development. The pervasive culture of denigrating and marginalizing women’s perspectives, concerns and also their identity was an issue that was raised by several interlocutors. Concerns were also raised about the resulting impact on the social standing of women. According to official data, between 2011 and 2012 the number of cases involving insult to the modesty of women increased by 7 per cent.

In 1986, the Indecent Representation of Women (Prohibition) Act was enacted to prohibit indecent representation in advertisements, publications, writings and paintings or in any other manner. New amendments have been proposed to include new forms of communication, to strengthen penalties and to provide for preventive measures. No official information was shared as to accountability measures to address the continuing occurrence of such stereotyping by either State or non-State actors.

State’s obligation to eliminate violence against women
States are required to exercise due diligence to prevent and respond to all acts of violence against women. A comprehensive system of prevention and protection, with real prospects of mitigating harm, altering outcomes and ensuring accountability, must be the norm.

National Commission for Women
The legal basis of the National Commission for Women is not in accordance with international standards; that the institution lacks foundational, functional, operational, political and financial independence; and that the Commission is generally unable to adapt to the evolving and transformative demands of the human rights of women.

According to section 3 of the National Commission for Women Act, 1990, the Commission’s composition is determined by the central Government. A number of allegations highlighted the Commission’s inability to deal with complaints effectively and undertake independent investigations into violations of women’s rights. Reports also reflect the Commission’s failure to address the causes and consequences of violence against women, including, for example, by finding that no particular religious group was targeted during the 2002 Gujarat massacre; by consistently justifying sexual assault on women as a result of “provocative dressing”; by its inability, over many years, to promote much needed law reform; and by denying reports of sexual violence by security forces, including in regions governed by the Armed Forces (Special Powers) Acts.

Domestic Violence

The lack of implementation of the Protection of Women from Domestic Violence Act was a concern often raised. Under the Act, women victims require the assistance of a protection officer to lodge a complaint and to file a domestic incident report. The recruitment and deployment of protection officers in the country is limited; they often work part-time and lack the resources to assist victims to file complaints. For instance, in the State of Rajasthan, with a population including approximately 27 million women, there are only 607 designated protection officers and 118 organizations registered as service providers.

NGOisation of the Women’s Movement: Survival vs autonomy

Indian women

NGO-isation has engulfed all of civil society organsing in India, including the women’s movement. While it has strengthened many groups’ institutional position and enabled a wider outreach, feminist solidarity and feminist ideology seem to have taken a back seat

By Vibhuti Patel

NGO-isation clearly represents the growing dominance of a certain organisational form that is different from the early consciousness-raising organisations and also different from the mass organising that women have been very good at. NGO-isation is not particular to women though. The impact of NGO-isation varies depending on the resources, level of operation and the organisational motives behind adopting the NGO model.

Historical Backdrop

When social movements of 1970s and 1980s started fragmenting and losing their mass base due to issue based narrow struggles, formation of special interest groups and cooption of articulate, urbane, English knowing, professionally qualified activists and leaders of peoples’ movement: peasant movement, workers’ movement, Dalit movement, youth movement, women’s movement and tribal movement into power structures, NGO-isation process began. Initially, they were called non-party political formations or voluntary organisations. In course of time they developed into legalised entities as registered societies, public trusts, non-profit or pro-profit trusts supported by local, corporate, state or foreign funding institutions.

There was an understanding that in the non- government organisations level of motivation was high, they were non-corrupt and were free from nepotism and red-tapism.  During 1980s and 1990s, the NGOs were applauded by UN bodies as rooted in ‘the local reality’, ‘full of idealism’ and ‘bottom up’ and ‘participatory’ in their approach. Many liberal and socialist thinkers also declared them as third force for social transformation, first two being Government bodies and political parties.

Beyond Guilt-Tripping

New awareness among the funding institutions about mis-utilisation of funding by government agencies was as a result of intense debate on corruption, leakage and misappropriation of funding in the Asian, Latin American and African countries during 1950-1980. In the early 1990s, there was a fear that the global funding might get diverted to East European countries that was culturally closer to the western world and had faced massive economic and political crisis due to collapse of Soviet Union.

This debate in the development studies circle brought massive changes in the functioning of the social movements in the post colonial countries which were subsidised by the outside funding. Initially, activists and experts from the minority communities and women were forced to accept foreign funding as they were marginalised in their own countries. Rest of the social movements derived benefits of these funding without publicly acknowledging the source.

Structural Adjustment Programme and stabilisation policies resulted into massive reduction in the state funding. Even the mainstream institutions and organisations started turning to foreign funding. New dialogue with the funders based on mutual respect has helped to get rid of the anxiety that the developing world would be left out by the aid agencies.  Induction of highly qualified professionals from developing countries as consultants to screen the proposals for funding is supposed to have reduced wastage and vested interest.

NGO-isation impacts on smaller women’s organisations operating at the local level in terms of an expansion of structure, loss of autonomy, erosion of agenda setting power and a prioritisation of accountability towards donors. However, some national-level women’s organisations have been able to manage the process through strategically mobilising resources and prioritising own agendas, thus retaining their feminist character.

Indian women's movement

Destroy dowry not daughters. A protest in 1986, Photo courtesy: Vibhuti Patel

At a wider level, the NGO-isation process has led to a blurring of the boundaries between the gender and development agenda and feminist discourses. This blurring of boundaries created opportunities for raising women’s rights issues at different levels, but led perhaps to a generational shift in how younger women engage with gender equity issues.

NGO-isation has impacted structure, agenda, autonomy, agency and accountability of different types of women’s/feminist organisations. Adoption of service-delivery models promoted by the NGOs and concerns over losing the feminist political agenda has taken away steam from the women’s liberation movement. Influence of management institutions have changed vocabulary of women’s NGOs who talk in terms of SWOT, OD, skill Development, value for money, value addition, USP, beneficiary and benefactor.

Feminist solidarity and feminist ideology have taken a back seat as in a neoliberal backdrop each one is competing for patronage, travel grant and institutional funding and perpetually insecure about poaching of talented staff and diversion of funding. ‘Contact is capital’, ‘Network for Power’ and ‘Concentration and Centralisation of Resources’ have been the mantra of NGO-isation. In this culture; spontaneity, trust, solidarity, collective efforts have been replaced by calculated moves, secrecy, individualism and atomized existence among women’s groups.

The only positive fall out of NGO-isation process is that, the feminist organisations have been able to strengthen their institutional positions (recognition by the mainstream bodies, consultancy, training centres, building, staff, and financial security) and create a wider reach through the links they have developed through collaboration on NGO projects. Moreover, women’s organizations were forced to rethink their mobilisation strategies and discourses, as a larger number of educationally qualified younger women and men engage with the gender and development projects implemented by NGOs.

Vibhuti Patel is active in the women’s movement in India since 1972 and currently teaching at SNDT women’s University, Mumbai.

The Soni Sori Case: A Travesty of Justice

Soni Sori case Feminists India

By Team FI

The Soni Sori case is an unconscionable example of how India, the largest democracy in the world has often failed to check its growing human rights violations record.

For Soni Sori, this International Women’s Day is going to be just another day in Raipur jail, spent in pain and discomfort that constantly reminds her of the custodial torture and injustice meted out to her by the Chhattisgarh Police.

Soni Sori, an adivasi school teacher and the warden of a government-run school for tribal children in Jabeli, Dantewada, was arrested in Delhi on October 4th 2011. She has repeatedly claimed that the Chhattisgarh Police had been harassing her ever since she refused to be an informer against the Maoists, and even attempted to kill her after they arrested her nephew, Lingaram Kodopi, an outspoken journalist in September, 2011.

Charged under the Unlawful Activities Prevention Act (UAPA) among others, Kodopi and Soni have both been accused in several other cases of ‘Maoist violence’ and as alleged go-betweens for a bribe by Essar to the Maoists.

Fearing for her life, Soni Sori fled to Delhi to seek legal help. She spoke of her travails to the media including the news magazine Tehelka, but was arrested before she could take legal action.  She pleaded with the Saket District Court and the Delhi High Court to be kept in custody in Delhi until she could file her petition in the Supreme Court.  However, she was remanded to the custody of Chhattisgarh Police, albeit with explicit directions to ensure her safety and an order that a report be filed before the Delhi High Court, outlining steps taken to keep her safe.

After two days in custody, when Soni Sori had to be produced in front of the Dantewada Magistrate on the 10th October, she was in such a bad condition that she could not get down from the police van and go to the courtroom. A court clerk came to the police van and yet, it is wrongly recorded that she was produced before the Magistrate who remanded her to judicial custody for 14 days.

The police claimed ‘she slipped in the bathroom and had hurt her head’. The examining doctor at the District Hospital said ‘she was brought in unconscious, the X-ray showed injuries on her head and back, and black marks were observed on her fingertips’ – indicating she had received electric shocks. Initially Soni Sori herself said that she had fallen in the bathroom, but later retracted saying she had been threatened by the police that if she spoke of her torture, her brother, the sole caretaker of her three children, would be arrested.

Subsequently, in her statements to relatives and in a letter to the Supreme Court, Soni Sori said, “After repeatedly giving me electric shocks, my clothes were taken off. I was made to stand naked. SP Ankit Garg was watching me; sitting on his chair (…) he abused me in filthy language and humiliated me. After some time, he went out and (…) sent three boys. (They) started molesting me and I fell after they pushed me. Then they put things inside my body in a brutal manner. I couldn’t bear the pain and I was almost unconscious. After a long time, I regained consciousness (…) by then, it was already morning.”

Superintendent of Police, Ankit Garg

In response to a petition filed in the Supreme Court, a three-Judge Bench ordered an independent medical examination in NRS Medical College Hospital in Kolkata. The report, presented in Court on 25th Nov, 2011 states three stones were found inserted deep inside her private parts, which were the primary cause of her abdominal pain. The MRI scan also shows annular tears on her spine. Yet shockingly, none of the three hospitals in Chhattisgarh which ‘examined her’ found inflammation in her private parts, the stones lodged in her vagina and rectum.

Since then Soni has petitioned the Supreme Court for urgent medical attention and to be moved back to Jagdalpur Jail so that her frail body can be spared the torturous travel to Dantewada for every hearing on the numerous cases filed against her. Yet the Supreme Court on December 1, 2011 ordered that she remain in the custody in Chhattisgarh for an additional period of 55 days until the next hearing on 25th January, 2012. She is still lodged there while she waits for a hearing and so-called ‘urgent’ medical attention.

Ever since the evidence of her custodial torture surfaced, women’s groups, civil rights groups, civil society organizations, individuals and many others have been trying to work towards ensure her safety — protesting against the Chhattisgarh Police, demanding justice and action from the Chief Minister, seeking inquiry by the National Human Rights Commission, the National Commission of Women and so on.

Soni Sori Feminists India

Soni Sori: photo by Garima Jain-Tehelka

On December 21st, 2012, an open letter to the Supreme Court was issued urging the court to “give serious attention to the grave violation of the rights of a tribal woman undertrial, the facts and documents regarding which are pending before the Supreme Court in the case.”

The letter was signed by prominent personalities like Aruna Roy,Uma Chakravarti, Brinda Karat, Romila Thapar etc along with scores of other doctors, educationists, academicians, students and individuals.  Joining them were 69 civil society groups and organisations working on women’s issues, health issues, civil and democratic rights, and worker’s issues from across the country.

On the 12th-13th January, 2012 a delegation of women’s groups went to meet Soni Sori in Central Jail, Raipur but were denied permission. They met the Chairpersons of both the State Human Rights Commission and the State Women’s Commission, both of whom said that the denial of permission did not constitute any violation of Soni’s rights. Additionally, the SCW said that since this was a `naxalite‘ case, caution was needed.

No step has been taken against any of the errant police officers – even Constable Mankar, who was recorded by Tehelka admitting that false cases had been registered against Soni and Kodopi. As for SP Ankit Garg, he has been awarded a Gallantry Award by the President on Jan 26, 2012. This news evoked unequivocal condemnation from women’s groups in the country.

On 29 January, activists held a hunger fast in Delhi in order to express solidarity with her plight.

Charges against Soni Sori

Soni Sori has multiple cases against her—from being a participant in a Naxalite raid at a Congress worker’s house, to acting as an intermediary for the Maoists—and each of the charge sheets show her as an “absconder”… this, at a time, when Soni Sori was not only regularly attending to her duties, but had also met with police authorities to complain about her own harassment by the Maoists: her father has been shot by the Maoists, at the time during which she was allegedly working with them.

With all so-called autonomous bodies like the human rights and women’s commissions keeping their hands off the case under the pretext of them being ‘sub-judice’, justice continues to elude Soni Sori. And it will continue to do so as long as the nation continues to delude itself about what constitutes a human rights violation.

From Irom Sharmila to Soni Sori, these are the faces that should haunt the Indian conscience, today.