Recommendations on GBV

Ekatha organized a meeting on January 12, 2013 to discuss gender-based violence (GBV) in Kerala.  About 35 women and men participated in the discussion.  The meeting began with a moment of silence for Nirbhaya and other victims of violence. The following suggestions emerged from the rich and participatory discussion, and were forwarded to the Justice Mehra Commission:

Prohibition of GBV Through a Strong Legal and Regulatory Framework

  • Impose Stringent Penalties for Rape Other than Death Penalty:  There is little evidence that the death penalty is an effective deterrent. Moreover, rapists could destroy evidence by murdering the victims, if penalties are similar for both murder and rape.  The death penalty is available under other laws or in “rarest of rare” cases.  Alternate remedies could include: (i) Chemical castration, (ii) Embedding of GPS microchips for continuous surveillance, and (iii) Public listing and shaming of convicted rapists.
  • Establish Fast Track Courts to deal exclusively with GBV.
  • Take Steps to Improve Conviction Rates:  In 2010, in Kerala, conviction rates were as low as 5% for harassment by spouse or in-laws and 17% for rape.
  • Remove Bias Against Men in Laws Dealing with GBV.  Laws should use gender-neutral language, although some preferential treatment may be warranted for women keeping in mind their relatively weaker capacity to seek justice.  To ensure gender equity, a clause to deter false claims and impose penalties should be considered.

Protection of Victims & Participation of Men and Women in Framing Solutions

  • Improve Protective Services: For speedy and effective enforcement of existing laws related to GBV, the State must ensure trained, empathetic, gender-aware, and responsive staff (Protection officer, Police Officer, Service Provider, Judicial Magistrate of Fist Class or Metropolitan Magistrate}. As required by law, the State must provide necessary infrastructure to all service units. The law must also include serious deterrent and effective action against those who are found wanting in providing required services. The law must require regular monitoring and periodical evaluation of the effectiveness of such service and publicize the findings.
  • Ensure Sufficient Public Consultation: Laws on GBV are often passed hurriedly in reaction to public pressure about specific incidents, without adequate deliberation and a consideration of long-term and broader implications.  The process of preparing laws on GBV should involve wide public consultation with all relevant stakeholders.

Prevention of GBV

  • Organize a National Behavioral and Communication Campaign (BCC) as required by many related statutes to change social mindsets and behavior.

(i) Target Families and Schools to Strengthen Values and Change Social Mindsets: Gender equality and sex education classes must be initiated, and staff must be trained in this regard. High levels of tolerance (and acceptance) for violence by women and men contribute to GBV.  (A 2006 survey (NFHS 3) in Kerala shows that 66 percent of female respondents and 55% of men responded that spousal violence for cause was justified.)

(ii) Implement a Strategy for Reducing Alcoholism: The 2006 survey showed that GBV in Kerala was 6 times more prevalent in households where men consumed alcohol than in those where men did not. In USA, 73 percent of rapes in 2008 happened when one or both were under the influence of alcohol. Suggestions included prohibiting drunkards from public spaces through imposition of fines/jail time and limiting the sale of alcohol to individuals.

  • Keep Women Safe in Public Transport: Implement Supreme Court directions by Justices K S Radhakrishan and Dipak Misra (12/2012) to curb harassment of women in public transport.
  • Consider a Role for Self-Help Groups (SHGs) in Combatting GBV: While women are the main victims of GBV, they are also uniquely placed to change mindsets within the family.