"Testimonies are touching, the pain is visceral" says UN Special Rapporteur Against Violence on Women
Rashida Manjoo recalls 'visit' to Manipur, asserts AFSPA violates Intl laws
Source: The Sangai Express

New Delhi, May 02 2013: "The testimony of the mother of a victim was touching, the pain is visceral" said Rashida Manjoo Special Rapporteur on Violence against Women, mentioning her visit to Manipur during press conference in New Delhi yesterday.

The UN Special Rapporteur was in India on a 10 day visit from April 22 till May 1 .

She said that the implementation of AFSPA, NSA, the PSA perpetuates impunity and is widely used against human rights defenders.

"The consistent violence under AFSPA indicates India's violation of international laws" said the Special Rapporteur.

Manjoo remarked that the failure to respond and prevent violence is the Government's inability and / or unwillingness to acknowledge and address the core structural causes of violence against women.

On her observations of Manipur, Rashida Manjoo noted that the lack of response from the police is the norm, with the attitude being that 'missing girls' are considered as 'elopement' .

Rashida Manjoo during a press conference at Delhi

"I am deeply concerned about other consequences of such disappearances of young women, including exposure to sexual abuse, exploitation or trafficking" said Manjoo.

She also underlined that many women in NE region are subjected to continued abuse, ill-treatment and acts of physical and sexual violence.

Chronic underdevelopment prevalent in the region, coupled with frequent economic blockades, is having an impact and is exacerbating the already vulnerable situation of women and children living in the region.

In conflict areas such as North Eastern States or J&K, Rashida Manjoo said that it is crucial to acknowledge that the hands of State and non-State actors are behind these violations.

In these areas the law protects the armed forces from effective prosecution in non-military courts for human rights violations committed against civilian women among others, and it allows for the overriding of due process of human rights protection.

"In the testimonies received, it was clear that the interpretation and implementation of such act, is eroding fundamental rights and freedoms - including freedom of movement, association and peaceful assembly, safety and security, dignity and bodily integrity rights, for women, in Jammu & Kashmir and in the North-Eastern States" said the UN official.

She added that in the interests of State security, peaceful and legitimate protests often elicit a military response, which is resulting in both a culture of fear and of resistance within these societies which is unfortunate.

The UN Special Rapporteur acknowledged that Government of India has signed and ratified numerous international human rights instruments, adopted progressive laws and policies at the Union and State levels, including amendment of the Indian Penal Code which broadly includes crimes against women.

That promotion and protection of human rights broadly, and women's rights and children's rights specifically, are vested in numerous Union and State level Ministries, Departments, Commissions, Committees and Missions for the empowerment of women.

She stated that she was also informed about numerous programs and policies that have been put in place in recent years to address the issue of violence against women within a human rights and development framework in India.

Despite such numerous positive developments, it is unfortunate that in reality the rights of many women in India continue to be violated, with impunity as the norm, according to many submissions received, the UN special rapporteur told reporters here today.

Rashida Manjoo further stated that violence against women and girls in India manifests in numerous ways and varies in prevalence and forms based on numerous factors including geographic location.

Some manifestations include: sexual violence, domestic violence, caste-based discrimination and violence, dowry related deaths, crimes in the name of honour, witch-hunting, sati, sexual harass- ment, violence against lesbian, bisexual, and transgen- der people, forced and/or early marriages, deprivation of access to water and basic sanitation, violence against women with disabilities, sexual and reproductive rights violations, sex selection practices, violence in custodial settings and violence in conflict situations, among others.

The UN official's statement noted the wide spread sexual violence and harassment in India and the sense of insecurity and fear .

Recalling the Gujarat massacre of 2002, Manjoo stated that communal violence, inspired by religious intolerance, manifests in India.

Indiscriminate attacks by religious majorities on religious minorities are frequently explained away by implying that equal aggression was noted on both sides and that such violence is sometimes labelled as 'riots', thereby denying the lack of security for religious and other minorities, and disregarding their right to equal citizenship, she observed.

Drawing earlier relevant recommendations by UN-Human Rights Council and UN special rapporteur on extrajudicial, summary or arbitrary executions ( India visit march 2012) Rashida Manjoo observed that the implementation of AFSPA should be repealed.

Others include recommendation by CEDAW, CRC on gender equality, sex ratio, social and cultural discrimination of women, Communal violence Bill 2005, Domestic violence act, atrocities against ST and SC, harmful practice such as dowry , child marriage and other customary practice.

She also mentioned about impact of mega projects on women.

Rashida Manjoo's India visit came at a time when there was massive uproar against rape in aftermath of the Delhi gangrape in December last year.

Moreover, she arrives in the Capital in the midst of a strong protest against rape of a child.

"Last year's ( Delhi gangrape) incident was a golden moment for India" said Manjoo " but it is unfortunate that the opportunity to establish a substantive and specific equality and non-discrimination rights legislative framework for women, to address de facto inequality and discrimination, and to protect and prevent against all forms of violence against women, was lost" .

While acknowledging Indian Government's response after the rape incident of December Gang rape in which a judicial committee headed by the late Justice Verma was established, and new legislative measures were adopted earlier this year, Rashida remarked " while this legislative reform is to be commended, it is regrettable that the amendments do not fully reflect the Verma Committee's recommendations" .

During her visit, Rashida Manjoo hold meetings in New Delhi, Rajasthan, Gujarat, Maharashtra and Manipur and received written testimonies from Tamil Nadu.

She met Union and State authorities, National Human Rights Institutions, representatives of civil society organisations, and United Nations agencies.

Her findings will be presented to the United Nations Human Rights Council in June 2014 .