The article came in OpenDemocracy, a U K Based journal, on 2nd July 2012
Web Link: http://www.opendemocracy.net/
A novel way to tackle domestic violence in India
The ‘Protection of Women from Domestic Violence Law 2005’ is the latest addition to the list tough assessing it performance would be too premature at this stage. However the informal mechanism of Mahila Panchayat (MPs) designed at the community level to address issues relating the domestic violence and other forms of harassment against women could well prove to be an exception. Mahila Panchayats are informal institutions promoted by the Delhi Commission of Women (DCW) aiming at “crisis intervention and legal aid at community level and help tackle local level legal disputes and assist in reduction and reconciliation of violence against women”.
Sonali, victim of domestic violence, gets relief
Take the case of Ms Sonali Samantray (name changed) of Sangam Vihar colony that is located near the ruins of old city of Tuglakabad in South Delhi. The young lady having one daughter was living a life of hell inside the four walls of her in-law’s house. Being beaten by her husband Hemraj (name changed), snubbed and beaten by ther mother-in-law had been her regular way of life till she desperately knocked doors ofMahila Panchayat in Sangam Vihar for help in September 2011. Why was Sonali tortured? “My husband and the mother-in-law wanted one lakh rupees from my father, which my father could not give.” Says Sonali. The mother-in-law also wanted a male child from Sonali. As she was unable to conceive for the second time, it had become an alibi for physically and mentally torturing her and of course, contemplating for a second marriage for Hemraj. Sonali also alleged of sexual harassment by the husband of her sister-in-law (Hemraj’s sister), who was staying with the family, harassment that was taking place at the knowledge of her mother-in-law.
Going to the police and filing a case against the in-laws was more than a dream for Sonali and her poor parents. Following the report filed by Sonali the Mahila Panchayat summoned Hemraj to appear before it. It may be noted that the Mahila Panchayat does not carry specifically legal power to summon anyone. But it does enjoy a lot of persuasive power. Adamant Hemraj instead brought goons to beat his own wife. Sonali made a panic call to the leaders of Mahila Panchayat who immediately rushed to her house to tackle the situation. Seeing the unity of leaders, determined to take the challenge, the goons literally ran away from the place. Hemraj then appeared before the Mahila Panchayat, which undertook a phase of counselling for the couple. The members explained Hemraj about the provisions of law dealing with women harassment and dowry and the possible consequences. “He realised his folly and understood the powerful influence of the leaders of the women panchayat. He apologised and signed a written agreement not to repeat any form of cruelty on Sonali” narrates Anwari, a paralegal worker who guides the leaders on legal matter. “In follow up visits to Sonali’s house, we found her leading a happy life” informs Sakuntala Gupta, an elderly lady who is a leader of Panchayat from its inception before three years.
In another case, Ms Kamlesh had rented a portion of her house to a family. Kamlesh is a poor woman with seven children and an ailing husband, who managed her family with running a laundry and from the rent. The tenant, Ms Bimlesh, denied giving rent just after two months of stay, neither did she leave the house. When Kamlesh wanted her to vacate the house, she was threatened by the goons came at the behest of tenant’s father. “They threatened to kill my only son who is of four years old. I was very frightened” says Kamlesh. The police also could not be of much help to Kamlesh.
The aggrieved Kamlesh with her children got justice from Mahila Panchayat
Finally she approached the Mahila Panchayat. The leaders visited her house to assess the situation. They persuaded Bimlesh to pay rent or leave the house. Infuriated by the development, the father of Bimlesh threatened the leaders over telephone of dire consequence if they continue to muddle in the matter. The threat only strengthened the determination of the women leaders who warned the father and daughter duo not to take law onto their hands. Sensing that the situation would actually go out of control as the community has come together with Kamlesh, tenant Bimlesh quietly vacated the house in night. In fact the daughter and father had past record of forcefully occupying residential premises after staying as tenant. It may be noted that Sangam Vihar is an unauthorised colony, where proper legal document of ownership of immovable property are not availabe, leaving the scope for mafias to grab land and houses by intimidating common people.
Composition and functioning
Mahila Panchayats are run by DCW in partnership with NGOs. There are about 44 Mahila Panchayats run by 22 NGOs working in the National Capital. The working of Sangam Vihar Mahila Panchayat is facilitated by YWCA (Young Women’s Christian Association). Some other NGOs which run Mahila Panchayats are Action India, Delhi Brotherhood Society and similar. The Sangam Vihar Mahila Panchayat has 25 members, all of whom are from the local community. The leaders hold regular weekly meetings not just to resolve disputes but also to discuss the laws on protection of women, government schemes and other laws like right to information act etc.
A member of DCW, Kiranvati Tank, says “in slum areas where most people are illiterate and are unaware about various laws and schemes, Mahila Panchayats have been established to help the women and spread awareness on the same. Several family disputes are resolved by the Panchayats.” Awareness camps are organised by the concerned NGOs for the leaders on legal issues, dispute redressal mechanism, laws relevant to crimes against women. They are given exposure on the existing legal position regarding property, maintenance, marriage, custody, etc. They are trained in counselling, FIR writing etc.
Meeting of Mahila Panchayat.
The Panchayat has adopted some minimum formality in its functioning. After the receiving the applications it summons both the parties for counselling and resolving disputes. It sits for some sessions of counselling and attempts to arrive at a solution. The final outcome is recorded and both the parties sign on the agreement. Then the case is followed up by the visit of the members or the paralegal workers to the houses for about three months. Once the progress is found to be satisfactory, the case is closed. In case when a solution is not worked out, the case is referred by the Mahila Panchayat itself to the Women Cell of Delhi police. The aggrieved women are provided help to be taken to the cell and to file case. Some cases are also referred to the courts and Delhi Legal Service Authority (DLCA) is linked for free legal service. “And in extreme cases we can refer the case to the DCW” says Nafish Ahmad of YWCA.
“The remarkable features of Mahila Panchayat are its informal ways of functioning and the ease at which an aggrieved woman can approach it. The threat of bringing the violators to book under the existing laws, in case counselling fails, brings moral pressure on the aggressors to accept the verdict of Mahila Panchayat. Unity, leadership and motivation are the hallmarks of it. After all, the backing of DCW has made it a credible institution” says Durang Basu Mullick, Programme Secretary of YWCA.
Male chauvinism affected the process initially
Brining the women together and constituting the women body has not been easy from the beginning. The active women who started coming to the meetings due to the persuasion of the staff from YWCA were discouraged by the husbands as male chauvinism was challenged. Some male members straightway opposed to their women going to the meetings. The NGO staff persuaded the husbands of the members and explained the novelty and utility of the institution. When their women started gaining respect from the community by way of providing leadership and guidance in resolving family disputes, the husbands were captivated. “My husband now even reminds me of the time of the weekly meetings in case I get late!” says Ranju Singh, young member of Sangam Vihar Mahila Panchayat, chuckling.
Empowered women lead the community
Out of about 200 cases received in last three years by two Mahila Panchayats facilitated by YWCA (another exists in Govindpuri), more than 85% percent cases have been resolved informally. “Our approach has always been to keep the family intact while protecting the rights and dignity of women.” adds Kamlesh Rathore, another paralegal worker. The institution has brought in conspicuous results in the empowerment of the women who have stepped out of the threshold to participate in the wider advocacy process in favour of the community. They have been active in collecting about 12,000 signatures and submitting same to the local MLA for addressing the problem of acute water scarcity of the colony.
Pradeep Baisakh is a Development Journalist based in Odisha, India. He has written extensively on transparency law, right to work and food, environment issues, industrialisation and development, women, tribal rights so on. His writing can be found at: http://pradeepbaisakh.blogspot.com/ . He can be contacted through email:2006pradeep@gmail.com.
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