LEGAL LITERACY TRAINING PROGRAMME FOR OMMUNITY OMEN
Transcript of LEGAL LITERACY TRAINING PROGRAMME FOR OMMUNITY OMEN
LEGAL LITERACY TRAINING PROGRAMME FOR COMMUNITY WOMEN
“Legal literacy is empowerment of individuals concerning issues that involve the
law which helps in the promotion of legal consciousness, participation in the formation
of laws & policies and rule of law”.
The principle of gender equality is enshrined in the Indian Constitution in its
Preamble, Fundamental Rights, Fundamental Duties and Directive Principles. The
Constitution not only grants equality to women, but also empowers the State to
adopt measures of positive discrimination in favour of women. Within the framework
of a democratic polity, our laws, development policies, Plans and programmes have
aimed to women’s advancement in different spheres.
Men and women share the common human nature and so the rights and laws
are commonly applicable for them. But there are some special situations which
differentiate women from men and the same situations make women more vulnerable to
adverse circumstances. These special concerns put women in disadvantaged positions
and women are discriminated against men in all walks of life. Though women today
enjoy a lot of opportunities and independence compared to women of yester years,
they need to be constantly reminded of their rights and privileges. They are to be
enabled for a better understanding of the various legal provisions available for them, to
be sensitive to their challenges and to act on it.
In this regard, under the guidance of Dr. Minnie Mathew, Director, the Women’s
Studies Centre of Avinashilingam Institute for Home Science and Higher Education for
Women, Coimbatore organized a series of “Legal Literacy Training Programme for
Community Women” from October 2013 to November 2014. The first programme was
organized in Vadevelampalayam of Alanthurai Block, Coimbatore District from October
2013 to December 2013 and the Second programme was organized in
Nathekoundanpudur of Alanthurai Block, Coimbatore District in the month of November
2014. The Women’s Studies Centre team namely Ms. U.Gowri, Assistant Professor,
Ms. T.Padma Priya and Dr. G.Sheefna, Research Associates and Ms. N.Selvanayaki,
Research Assistant organized the Legal Literacy Training Programmes. Legal experts,
Women Activists and practicing Advocates from District Legal Service Authority,
Coimbatore, were called to take up the sessions on special rights of women, various
supportive and empowerment legislations available for women. They had discussions
on the issues affecting women in their day to day life and the legal mechanisms
available to settle those issues. They had detailed pondering on cases and deep
interactions with the community women to impart knowledge on legal issues and
remedies. Debates and various competitions were also held for the women to have a
better understanding of legal matters.
Outline of the course content on Legal Literacy:
1. Introduction:
The concept of law, Fundamental Rights, Constitutional Remedies (Writs),
Electoral Law, Voting Rights for Women, participation in Panchayats and special
rights of women.
2. Women and Family Law:
Marriage Law, Separation, Divorce, Maintenance, Adoption, Family Laws, Right
to Property and Succession, Guardianship, unmarried mother and Legitimacy of
her children.
3. Criminal Law and Women:
Offences of Dowry, Rape, Molestation, Child Rape and Child Abuse, etc
4. Rights under different laws:
Rights at work place, Equal Remuneration, Minimum Wages, Rights under
Factories Act, Maternity Benefit Act, Equal Remuneration Act, Mines and
Plantation Act, Rules of work, Sexual Harassment at Workplace.
5. Reproductive Health Rights:
Foeticide, Infanticide, Preconception and Prenatal Diagnostic Techniques
(Prohibition of Sex selection) Act 1994, The Medical Termination of Pregnancy
Act.
6. Social Security Legislations:
ESI, PF, Gratuity, Social security for unorganized sectors.
7. Women in Custody:
Arrest, grounds of arrest, kinds of offences (bailable and non-bailable), arrest
warrant, powers of police, rights of arrested persons including the right to bail,
the immediate procedure to be adopted in case of violation of rights available,
etc.
8. Local Issues:
Discussion on the specific local issues like Child Marriages, Child Labour,
Prostitution, Dowry system, Unemployment, Sexual Harassment, Education of
Girl child, etc.
9. Settlement Mechanisms:
Free legal aid to the poor, settlement mechanisms i.e. Lok Adalats, Family
Courts, Mahila Court, Crime Against Women Cells, NCW, NHRC, State
Commissions, etc.
Legal Literacy Training Programme 1:
As the trainees for this programme were the village women, it was felt that they
need to have some broad information about legal provisions and processes. Legal
literacy is the elementary knowledge of law and not an expert knowledge of an
advocate. It is about creating awareness about our political set up and helping them in
seeking legal remedies against exploitation and injustice. It was thought that these
kinds of trainings will make women aware of several laws which have been enacted for
the welfare, protection and security of them. On the other hand absence of legal
literacy may lead to the perpetuity of exploitation and victimization in many fields.
Before the start of the training programme, a base line survey was conducted to
understand the background of these women. It was observed that many of them are
from agricultural background; they work in their own piece of agricultural land or work as
landless agricultural labours. Most of them are seasonal workers. They live in nuclear
families (It can be noted here that rural India is slowly loosing the strength of joint family
system). Caste and community plays a dominant role in daily lives. They send their
children to the nearby government schools for education. In the concerned villages and
the nearby villages where we conducted the legal training programmes, social evils like
child marriage, female infanticide and female foeticide were not reported in the recent
past. However, the issues of dowry, alcoholism among the male members of the family
and domestic violence are still very common among them. With the understanding of
this socio-economic background, the legal literacy training programme was envisaged in
those villages.
Session I:
On the first day of the
training, around 50 women were
gathered in the community hall of
the Vadivelampalayam Village.
Earlier, all the village women in
the age group of 20 to 60 were
informed about the programme,
the venue and the timings. In the
first session,
Mrs. Vennila, President, Women
Advocates Association, Coimbatore interacted with the community. She highlighted five
important social issues concerning women namely Dowry, Medical Termination of
Pregnancy, Female Infanticide and Foeticide, Domestic Violence and Marriage
Registration. She took up these issues one by one and explained the nature of these
problems, the legislations available to prohibit and the punishments given to people who
are involved in it.
Dowry Prohibition Act (1961):
The Act defines dowry as “any property or valuable security given or agreed to be given
either directly or indirectly by one party to a marriage to the other party to the marriage
(or by the parents of one party or any other person to the other party or any other
person), basically in the form of cash, property or valuable security as a precondition to
the marriage”. Therefore if any person gives or takes or abets the giving or taking of
dowry, he shall be punishable with imprisonment for a term of not less than five years,
and with the fine not less than fifteen thousand rupees or the amount of the value of
such dowry, whichever is more. If any person demands directly or indirectly, from the
parents or other relatives or guardian of a bride or bridegroom, any dowry, he shall be
punishable with imprisonment for a term of not less than six months to two years and
with fine up to ten thousand rupees.
To stop the offences of cruelty by husband or his relatives on wife, Section 498-A
has been added in the Indian Penal Code, and Section 198-A has been added in the
Criminal Procedure Code since the year 1983. In the case of suicide by a married
woman, within 7 years from the date of her marriage, the Court may presume that such
suicide has been abetted, encouraged by her husband or his relatives.
Sec.304-B is incorporated in the Indian Penal Code in 1983. It deals with Dowry
Death. It states that where the death of a woman is caused by any burns or bodily
injury or occurs otherwise than under normal circumstances within seven years of her
marriage and it is shown that soon before her death she was subjected to cruelty or
harassment by her husband or any relative of her husband for, or in connection with,
any demand for dowry, such death shall be called “dowry death” and such husband or
relative shall be deemed to have caused her death. Whoever commits dowry death
shall be punished with imprisonment for a term not less than seven years but which may
extend to imprisonment for life.
Medical Termination of Pregnancy Act (1971):
This Act legalizes abortions under certain specific conditions. It states that pregnancy
may be terminated Where the length of the pregnancy does not exceed 12 weeks
under the medical supervision of at least one registered medical practitioner or where
the length of the pregnancy exceeds 12 weeks but does not exceed 20 weeks under the
medical supervision of at least two registered medical practitioners if they are of the
opinion that :
1. The continuance of the pregnancy would involve a risk to the life of the pregnant
women; or
2. A risk of grave injury to the her physical or mental health ;or
3. If the pregnancy is caused by rape; or
4. There exist a substantial risk that, if the child were born it would suffer from some
physical or mental abnormalities so as to be seriously handicapped; or
5. Failure of any device or method used by the married couple for the purpose of
limiting the number of children; or
6. Risk to the health of the pregnant woman by the reason of her actual or
reasonably foreseeable environment.
The Act does not permit termination of pregnancy after 20 weeks.
Female Infanticide and Feticide:
Unfortunate decline in the male-female sex ratio has brought in stringent
measures. Severe action is being taken against all the erring radiologists/ sonologists/
gynecologists under The Pre Conception and Pre Natal Diagnostic Tests (Regulation
and Prevention of Misuse) Act which was amended in 2003 intends to prohibit prenatal
diagnostic techniques for determination of the sex of the fetus leading to female feticide.
That is to say the preliminary object was to put a check on female feticide.
Importance of Registration of Births and Marriages:
Registration of Births:
With regard to registration of births and marriages, the Advocate insisted on the
importance of birth registration which is a permanent and official record of a child’s
existence. The child whose birth is not registered is always in danger of being denied of
her right to an official identity, a recognized name and a nationality. In India, an
estimated 26 million children are born every year of which about 10 million go
unregistered.
“The child shall be registered immediately after birth and shall have the right from
birth to a name, the right to acquire a nationality and as far as possible, the right
to know and be cared for by his or her parents.” (Article 7 of the 1989 U.N. Convention
on the Rights of the Child (CRC))
Unregistered children are generally the children of the poor and the excluded. An
unregistered child will be a more attractive target for a child trafficker and does not have
even the minimal protection that a birth certificate provides against early marriage, child
labour, or detention and persecution as an adult. In later life, the unregistered child may
be unable to apply for a passport or formal job, open a bank account, and get a driving
license or a marriage certificate.
Registration of Marriages:
The Advocate also reiterated the importance of registration of marriages by
stating that the Supreme Court of India suggests that the marriages must be registered
under either the Hindu Marriage Act 1955 or the Special Marriage Act 1954. The
unregistered weddings are not considered as illegitimate, but the Indians need to
compulsorily register their marriages.
Marriage registration brings in a number of benefits, which include:
Easy legal proceedings in case of succession of property to the spouse.
After dissolution of first marriage, a person is able to enter the matrimonial
alliance for the second time.
For the transfer of property or the custody of kids in case of legal separation, the
court requires a certificate of marriage to be produced in the family court.
In case one of the spouses is working abroad and wants to take along his/her
partner then he/she will require the marriage certificate to obtain the work permit
from the country’s consulate. The foreign embassies do not issue the work permit
in the absence of a valid marriage certificate in these cases.
Session II:
In session II Advocate
Mr. Rangasamy and Advocate
Mr. Sathish Kumar addressed the
women on the following issues:
Compulsory education
Child abuse
Property inheritance
Right to Information
Advocate Mr. Rangasamy insisted on compulsory education to all children.
Children in the age group of 6-14 years have the right to free and compulsory education
under the Right to Education Act, 2010. Education is a fundamental right now and
every child in India is entitled for it.
Child Abuse:
According to UNICEF violence against children can be "physical and mental
abuse and injury, neglect or negligent treatment, exploitation and sexual abuse.
Violence may take place in homes, schools, orphanages, residential care facilities, on
the streets, in the workplace, in prisons and in places of detention." Such violence can
affect the normal development of a child impairing their mental, physical and social
being. In extreme cases abuse of a child can result in death.
“Child abuse has many forms: physical, emotional, sexual, neglect, and
exploitation. Any of these that are potentially or actually harmful to a child's health,
survival, dignity and development are abuse”. (W.H.O.). Therefore the parents and the
children are to be informed enough and they need to be aware of the method of
reporting various child abuses like Rape, Outraging the modesty of woman, Unnatural
offences or attempt to commit offences, etc under the sections of Indian Penal
Code(IPC).
Property Inheritance:
As the elderly population of India is growing day by day due to increased life
expectancy rates, the needs and challenges of the elderly are also increasing. Elderly
people have physical, emotional, psychological, social and financial challenges.
Advocate Mr. Rangasamy spoke about the problems of the elderly and the importance
of retaining their property with them till their end without sharing it with their children.
Because in reality, both in rural and urban areas the elderly people are compelled to
transfer their properties in the name of their children and later they are neglected of their
maintenance. He insisted that elders should hold or retain the properties in their names
and share only a part of their property to their children, so that the problem of
maintenance will not arise.
Women and Property Rights:
In India, women’s access and rights of ownership over family property (both
moveable and immoveable), in the absence of a will, is governed by succession laws
based on religion. Under Hindu law prior to 1937, a woman did not have the right to own
any property at all, except what she received from her parents at the time of her
wedding. The Hindu Succession Act, 1956 was a breakthrough in terms of giving Hindu
women a full and equal share of their husbands’ property as the children; yet, the male
bias persisted. An amendment to this Act in 2005 took the progressive step of making
daughters coparceners at par with sons, such that they receive an equal birthright to a
share in the parents’ property.
Session III:
Right to Information:
The third session was handled by Advocate Mr. Sathish Kumar. He explained
about “Right to Information Act (RTE), 2005 which provides the right to information for
citizens to secure access to information under the control of public authorities. The act
aims at empowering the citizens, promoting transparency and accountability in the
working of the Government, contain corruption, and make our democracy work for the
people in real sense. It goes without saying that an informed citizen is better equipped
to keep necessary vigil on the instruments of governance and make the government
more accountable to the governed.
Legal Literacy Training Programme 2:
The Legal Literacy Training Programme 2
was organized by the Women’s Studies
Centre on November 11th and 12th 2014
at Nathekoundanpudur of Alanthurai
Block, Coimbatore District. Mrs. Vennila, Advocate explained about the legal issues
involved in Domestic Violence Act, 2005 and the usage of Paternity test.
Domestic Violence Act:
This is an Act to provide for more effective protection of the rights of women
guaranteed under the Constitution who are victims of violence of any kind occurring
within the family and for matters connected therewith or incidental thereto. This Act may
be called the Protection of Women from Domestic Violence Act, 2005.
For the purposes of this Act, any act, omission or commission or conduct of the
respondent shall constitute domestic violence in case it - (a) harms or injures or
endangers the health, safety, life, limb or well-being, whether mental or physical, of the
aggrieved person or tends to do so and includes causing physical abuse, sexual abuse,
verbal and emotional abuse and economic abuse; or (b) harasses, harms, injures or
endangers the aggrieved person with a view to coerce her or any other person related
to her to meet any unlawful demand for any dowry or other property or valuable
security; or (c) has the effect of threatening the aggrieved person or any person related
to her by any conduct mentioned in clause (a) or clause (b); or (d) otherwise injures or
causes harm, whether physical or mental, to the aggrieved person.
Paternity Test:
Mrs. Vennila also talked about
Paternity test and such tests are done
in divorce cases where the paternity is
challenged by the husband, after the
wife seeks maintenance of the child.
Under section 125 of the CrPC, section
26 of the Hindu Marriage Act, Section
20 of Hindu Adoptions and
Maintenance Act, as well as under the provision of Domestic Violence Act, a minor child
is entitled to get maintenance from the father, with or without divorce.
“When the husband or father challenges the paternity of the child, alleging that
he is not his biological child, the wife has to prove that the husband is indeed the child's
father. Therefore, matters may be referred for a paternity test. Hence in many cases,
courts direct that a paternity test be conducted," she added. There are also other
circumstances when a paternity suit can be sought. A husband may have suspicions
about his wife committing adultery and he may have some indirect evidence to support
his view. In order to prove his point or suspicion, he would go for a paternity test, for
which he would not need the court's permission, said the Advocate. The tests are also
done in cases involving a lost-and-found child. Both parents have to prove to the police
that the child is theirs. They often resort to paternity tests to confirm this.
The legal literacy training programmes were very useful and highly informative to
the village / rural women. All the participants were deeply involved in these sessions
and were keen to clarify their doubts with regard to various legal issues pertaining to
them. It was also told to them that free legal aid is available and they can approach the
legal aid cell for any further clarifications and help.