In this blogpost, Saumya Agarwal, Amity Law School, writes about the various issues of the north eastern people of the country and the discrimination faced by them particularly in metro cities. She has also talked about various measures taken by the government to protect the interests of these people and the need for strengthening such laws.
INTRODUCTION
Women constitute half of the population of the world. They are often referred as goddesses yet they are subjected to innumerable crimes. In 2012, there were 244,270 reported incidents of crimes against women[1] leaving aside the unreported incidents. Most reports suggest that crimes committed against women are mostly by someone that they know.
Violence against women is woven into the fabric of society to a great degree. A significant number of the individuals who commit this justify it by solid societal messages which say that rape, assault, battering, sexual harassment, child abuse, and different types of brutality are worthy. We constantly see pictures of sexual violence against women in the news, on TV, in the films, in the newspaper, in our homes and work environments. It is an unavoidable truth for women of all ages, races, and classes.
India being a secular state is a cultural mosaic. There are people of every religion, caste, colour, creed in India. Article 14 of the Constitution of India confers on its people the right to equality and equal protection before law. It is the duty of the state to protect its people from any form of discrimination against them. Yet, there are certain disparities being practised in India based on various grounds like on the basis of religion, caste, place, etc. So to protect them the state has to make special acts, amend the already existing laws, implement the amended and curresnt laws etc.
Birthplace is one ground on which discrimination is done. This has greatly been felt by the North Eastern people of Assam, Meghalaya, Arunachal Pradesh, Manipur, Nagaland, Tripura and Mizoram.
Between 2005 and 2013, close to two lakh, people have migrated to the Capital city from the Northeastern region.[2]
PROBLEMS
An article in the Mail Today on April 18, as reported by North East Support Centre & Helpline (NESCH) states that up to 78% of the 200,000 North-East population that lives in Delhi today is subjected to various kinds of humiliation, including sexual harassment, eve-teasing, molestation, human trafficking, beating, rape, murder, etc.
STATISTICS
The Home Ministry data shows that crimes against people of northeastern region have increased from 27 in 2011 to 73 in 2013. The highest crime reported was molestation, rape and hurt. While molestation increased by 177% in that period, the incidents of rape rose from one to seventeen (17) in the same period. Two-third women from the northeastern region have also faced some kind of harassment in the Capital
MEASURES UNDERTAKEN
Women of Northeastern region are often addressed ‘Chinki’ which is considered as a derogatory term. To curb the racial discrimination against them, the Ministry of Home Affairs has asked all the States and Union Territories to book anyone who commits this atrocity against the people of the region under the Schedule Caste and Schedule Tribe (Prevention of atrocities) Act, 1989. It is a non-bailable offence with an imprisonment of five years.
The unpleasant incident of killing a 19 year old North Eastern boy Nido Tania in 2014, led to widespread protests among the North Eastern people. To pacify them, the Bezbaruah Committee, headed by M.P. Bezbaruah was formed to report the issues raised by the North eastern people of the country to MHA. According to the ministry, the crimes in which north easterners were victims have gone up by 270%[3]. The committee was also asked to suggest measures which could be implemented by the government of India.
The Government has also taken many steps like forming Special Cell for North Eastern State Residents. They have made a special help-line with the number 1093, Schedule Castes and Scheduled Tribe Protection Cell, regular patrolling of the northeastern people’s colonies to protect them on the recommendation of the Committee.
The government is all set to amend the Indian Penal Code to strengthen the legal framework against racial discrimination. The Ministry of Home Affairs is in the process to insert Section 153C and 509A in the IPC. Provisions such as legal assistance, special initiatives, educating the people about the North East have also been taken care of.
The Ministry of Home Affairs told the Delhi High Court that it has decided to amend the IPC to toughen the laws against the legal framework against racial discrimination. However, the IPC Amendment bill has not been introduced in the Parliament as yet.
CURRENT SITUATION
Even after all these actions taken by the government, some incidents are still being reported. In July this year, a Manipuri nurse was physically assaulted against which the North-East Forum for International Solidarity (NEFIS) protested. They condemn the unsafe working environment at the workplace. These assaults are not just crimes but they are also violation of labour rights, such as the right to a safe work environment.
There are certain provisions in IPC particularly dealing with the safety of women. These are-
| Offence | Section | Legislation | Ingredients | Punishment |
| Obscenity | 294 | Indian Penal Code | Does any obscene act or sings, recites, utters any obscene song, ballad or word in public place | Imprisonment of either description which may extend to three months or fine or both |
| Assault or criminal force to woman with intent to outrage her modesty | 354 | Indian Penal Code | use of criminal force on any woman with an intend or knowledge to outrage or a woman | Imprisonment of either description uptil two years or fine or both |
| Sexual harassment | 354A | Indian Penal Code | (i) physical contact and advances involving unwelcome and explicit sexual overtures
(ii) a demand or request for sexual favours (iii) showing pornography against the will of a woman (iv) making sexually coloured remarks
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the offence specified in clause (i) or clause (ii) or clause (iii) of sub-section (1) shall be punished with rigorous imprisonment uptil three years, or with fine, or with both
the offence specified in clause (iv) of sub-section (1) shall be punished with imprisonment of either description uptil one year, or with fine, or with both. |
| Assault or use of criminal force on a woman with intend to disrobe | 354B | Indian Penal Code | Uses criminal force or assaults a woman with an intend to disrobe or compel her to be naked | Imprisonment of either description for a term not less than three years which may extend to seven years and shall also be liable to fine |
| Stalking | 354D | Indian Penal Code | follows a woman and contacts, or attempts to contact such woman to foster personal interaction repeatedly despite a clear indication of disinterest by such woman
(ii) monitors the use by a woman of the internet, email or any other form of electronic communication, commits the offence of stalking;
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first conviction- imprisonment of either description uptil three years, also liable for fine; second conviction, with imprisonment of either description uptil five years, and shall also be liable to fine. |
| Word, gesture or act intended to insult the modesty of a woman | 509 | Indian Penal Code | intend to insult the modesty of any woman, utters any word, makes any sound or gesture, or
exhibits any object, intending that such word or sound shall be heard, or that such gesture or object shall be seen, by such woman, or intrudes upon the privacy of such woman |
Simple imprisonment uptil one year, or with fine, or with both. |
| Punishment for offences of atrocities | 3 | The Schedule Caste and Schedule Tribe Act,1989
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(xi) assaults or uses force to any woman with intent to dishonor or outrage her modesty;
(xii) being in a position to dominate the will of a woman belonging to a Scheduled Caste or a Scheduled Tribe and uses that position to exploit her sexually. |
punishable with imprisonment for a term between six months to five years and with fine. |
Further, in order to protect the interests of these people, the Schedule Caste and Schedule Tribe (Prevention of Atrocities) Amendment Bill, 2014 was introduced in the Lok Sabha by the Minister of Social Justice and Empowerment by Mr. Thaawar Chand Gehlot. The bill came after a large number of cases of violation against the North –eastern people were reported. The bill replaces the Schedule Cast and Schedule Tribes (Prevention of Atrocities) Amendment Ordinance, 2014 and seeks amendment of the Schedule Caste and Schedule Tribe (Prevention of Atrocities) Act, 1989.
The Act provides that assaulting or sexually exploiting an SC or ST women is an offence under the Act. The Bill adds that: (a) intentionally touching an SC or ST woman in a sexual manner without her consent, or (b) using words, acts or gestures of a sexual nature, or any similar practice will also be considered an offence. The offence is punishable with imprisonment for a term which shall be not less than six months which may extend to five years and with fine. The Bill also seeks to establish special courts for the trial of such offences and the rehabilitation of victims. In this way, the new bill aims to strengthen the law to stop atrocities against scheduled caste and scheduled tribe particularly dealing with the claims of northeastern people.
[1] https://en.wikipedia.org/wiki/Violence_against_women_in_India
[2] http://timesofindia.indiatimes.com/life-style/people/Call-a-Northeastern-Chinki-be-jailed-for-5-yrs/articleshow/13848316.cms
[3] http://timesofindia.indiatimes.com/india/Crimes-against-northeast-Indians-in-Delhi-up-270/articleshow/41476883.cms
