Working with the Police and the Judiciary to ensure Safe Spaces for Women Victims of Crime by Dr.Beulah Shekhar beulahshekhar@yahoo.com - PowerPoint PPT Presentation

Loading...

PPT – Working with the Police and the Judiciary to ensure Safe Spaces for Women Victims of Crime by Dr.Beulah Shekhar beulahshekhar@yahoo.com PowerPoint presentation | free to download - id: 6e7f7b-ZTFhM



Loading


The Adobe Flash plugin is needed to view this content

Get the plugin now

View by Category
About This Presentation
Title:

Working with the Police and the Judiciary to ensure Safe Spaces for Women Victims of Crime by Dr.Beulah Shekhar beulahshekhar@yahoo.com

Description:

Working with the Police and the Judiciary to ensure Safe Spaces for Women Victims of Crime by Dr.Beulah Shekhar beulahshekhar_at_yahoo.com * U.N declaration states that ... – PowerPoint PPT presentation

Number of Views:45
Avg rating:3.0/5.0
Date added: 23 June 2020
Slides: 52
Provided by: word268
Learn more at: http://herunuswanto.files.wordpress.com
Category:

less

Write a Comment
User Comments (0)
Transcript and Presenter's Notes

Title: Working with the Police and the Judiciary to ensure Safe Spaces for Women Victims of Crime by Dr.Beulah Shekhar beulahshekhar@yahoo.com


1
Working with the Police and the Judiciary to
ensure Safe Spaces for Women Victims of Crimeby
Dr.Beulah Shekharbeulahshekhar_at_yahoo.com
2
  • Our lives begin to end the day we become silent
    about things that matter- Martin Luther King
  • And victims do matter to all of us , that is why
    we are all here !

3
  • What is a safe space for women ? A Safe space
    for a woman is a place where she can relax and
    be fully self-expressed, without fear of being
    made to feel uncomfortable, unwanted, or unsafe
    on account of her gender, race, religion
    ethnicity, cultural background age, or physical
    and mental ability. It is a place where the rules
    guard each persons self-respect and strongly
    encourage everyone to respect others.
  • THIS WHAT THE UN DECLARATION ON VICTIMS,
    ENVISAGES THE POLICE STAIONS AND THE CRIMINAL
    COURTS TO BE FOR WOMEN VICTIMS !
  • Why should a police station or a court be women
    friendly or we need to make the Police stations
    and courts a safe space for women and girls who
    are victims of crime ? Because she deserves a
    safe space to redress her grievances , on her
    path to recovery, reparation and in her pursuit
    for justice
  • The key findings of prison studies show that
  • Victims can become offenders because of their
    experience.
  • Causes could include carrying out retaliation on
    the offender, or against others in a displaced
    show of strength or emotion.  
  •  Two-thirds of sex offenders in prisons
    victimized a child. who do not get justice turn
    offenders and when they do not cope with their
    victimization seek their own justice turn around
    and become offenders
  • Hence VICTIM ASSISTANCE IS CRIME PREVENTION
    ALSO -

4
The Need to Sensitize the Police and the
Judiciary
  • Victim is the gate keeper of the Criminal Justice
    System ( legislative, enforcement, judicial
    correctional wing )
  • The Police and Judiciary are the front line
    professionals dealing with the Victims
  • There is a lack of access to Justice for victims
    of crime in the present Criminal Justice System
    due to the Secondary Victimization by the
    Criminal Justice System
  • There is need for a shift of focus from delivery
    of Justice to the accused to the Justice to
    victim and prevent Secondary Victimization by the
    CJS
  • Victims are loosing faith in the Criminal Justice
    System
  • If Victims turn away from the System the
    Criminal justice system as we know it today, will
    become non functional
  • VICTIMS WILL TAKE LAW INTO THEIR OWN HANDS AND
    SEEK JUSTICE ELSE WHERE !

5
The key UN Documents that will be highlighted
today are the
  • The UN Declaration of Basic Principles of Justice
    for Victims of Crime and Abuse of Power 1985
    . Which is truly the magna carta for victims
    provides the basic framework of principles
    which in the last two decades have been
    vociferously debated and converted as victims
    rights by some of the developed countries.
  • The Handbook on Justice to Victims Deals with
    the use and application of the UN Declaration The
    Handbook on Justice to Victims was prepared by a
    group of experts from more than 40 countries by
    the Office for Victims of Crime in the Department
    of Justice and the Ministry of Justice in the
    Netherlands. The document was developed in
    cooperation with the United Nations Office at
    Vienna, Centre for International Crime
    Prevention, Office for Drug Control and Crime
    Prevention
  • The Guide for Policy makers

6
The Declaration of Basic Principles of Justice
for Victims of Crime and Abuse of Power
  • The General Assembly adopted the Declaration on
    29 Nov. 1985
  • This Declaration is descendant to the UN
    Universal Declaration of Human Rights adopted in
    1948
  • This Declaration gives victims a legitimate place
    in the universal agenda of Human Rights

7
The Two Parts of the Declaration
  • For Victims of Crime
  • Definitions for national norms
  • Access to justice and fair treatment
  • Restitution, compensation, and assistance
  • For Victims of Abuse of Power
  • Definitions for national and international norms
  • Access to justice, fair treatment
  • Restitution, compensation, and assistance
  • Multilateral international treaties
  • Special legislation

8
Ten Basic Principles of Justice for Crime Victims
as per this Instrument
  • Justice is served only if Victims of crime are
  • Treated with COMPASSION AND RESPECT
  • Given the required INFORMATION (on rights in
    proceedings and explanation of progress)
  • Allowed to PRESENT THEIR VIEWS TO THE COURT
  • Have access to FREE LEGAL AID/ ADVICE
  • Are assured PROTECTION OF PRIVACY AND PHYSICAL
    SAFETY
  • Have a choice of an INFORMAL DISPUTE
    RESOLUTION
  • Are given SOCIAL AND MEDICAL ASSISTANCE
  • Are given RESTITUTION BY THE OFFENDER / OR
  • Are given COMPENSATION BY THE STATE
  • Receive CAPACITY BUILDING COOPERATION they
    need in their pursuit of Justice

9
The Handbook on Justice for Victims
  • Section 1 Impact of Victimization
  • Section 2 Victim Assistance
  • Section 3 The role and Responsibility of Front
    Line Professionals to Victims
  • Section 4 Advocacy, Policy Making Law Reform
  • Section 5 Working together at the International
    Level

10
  • The courtroom is the focal point of the entire
    Criminal Justice System. . .
  • The judge who presides over a court becomes not
    only the final arbiter of each evidentiary and
    procedural issue, but also establishes the tone,
    the pace, and the very nature of the
    proceedings..
  • Particularly for the victim, the judge is the
    personification of justice.
  • .Lois Haight
  • Chair of the 1982 Presidents Task Force on
    Victims of Crime

11
The Guide for Policy Makers on Implementation
  • 39 page companion to Handbook
  • Defines tasks to achieve the goals of the
    Declaration
  • Encourages governments to develop support
    programs
  • Reminds policy makers that victims deserve
    respect for their dignity, privacy and security
  • Stresses importance of establishing partnerships
    with all agencies

12
Functions of the Police and the Judiciary as
Frontline Professionals
  • Police and Judiciary as part of the Criminal
    Justice System are frontline professionals
  • A woman victim of crime has to deal with the
    police and judiciary in the immediate aftermath
    of the crime
  • The victims first interaction with the police
    and judiciary is crucial to how she copes and
    recovers on the road to the Justice

13
Police Stations- haven or hell?
  • Custodial Rape/ femicide a recent
    disturbing trend in many countries- India,
    Pakistan, Bangladesh, Mexico, Guatemala and even
    developed countries like UK and USA where victim
    laws are in place
  • Two New York City Police officers were arrested
    in April 2009 for rape, burglary and misconduct
    towards a 29-year old drunk woman whom they
    escorted to her apartment in response to a 911
    call from a cab driver.
  • In 2006 in a civil unrest in San Salvador Atenco,
    Mexico, there was excessive use of force and
    firearms by hundreds of state police. The
    National Human Rights Commission in its
    investigations found that the police had molested
    and raped female detainees and abused children,
    the elderly and the disabled.

14
  • A detention officer based at Kendal police
    station, UK has been jailed for five years for
    committing a number of child sex offences.
  • The Guatemalan army, paramilitary (civilian
    defense patrols) and police used rape and
    violence against women as a weapon of war.
  • In Bangladesh it has been reported that Policemen
    are regularly implicated in rape cases, but never
    charged with the crime. Rights organization say
    reasons include patriarchal norms and sometime
    when the victim is poor they are often silenced
    by money
  • In India rape in police custody is regularly
    reported. The state of Uttar Pradesh in North
    India has acquired a notorious reputation where
    women are being victimized in large numbers. A
    rape, often of minor girls is reported every day
    in the media. Last month a 14-year old girl was
    reported raped and murdered in a police station.

15
Judges Paragons of (In)Justice
  • A convicted rapist will not go to jail because a
    Manitoba judge says the victim sent signals that
    "sex was in the air" through her suggestive
    attire and flirtatious conduct on the night of
    the attack
  • Empirical studies of judicial attitudes by legal
    scholars and social scientists confirmed that
    male judges tended to adhere to traditional
    values and beliefs about the "nature" of and
    proper roles for men and women, and to prefer
    conformity to traditional and familiar
  • institutions and roles (Wikler, 1980)

16
  • A study on the Judicial attitude towards Rape in
    India mentions several Supreme Court decisions
    that were openly insensitive and unjust.
  • Judges acquitted the accused stating that the
    fear that led a victim to passively submit to
    rape by two police constables could not be
    conclusively proved as fear of death or hurt
  • Judges reduced the sentence of a convicted rapist
    because he was young and had a whole life ahead
    of him
  • Judges reduced the sentence of a group convicted
    of gang rape because the gang rape did not seem
    to be preplanned but only happened because the
    men gave into their lust and lost control
  • SO MUCH FOR VICTIM JUSTICE !!!!

17
  • A Saudi judge said it is okay for a man to slap
    his wife for lavish spending at a seminar on
    domestic violence, according to a report from
    Agence France-Presse
  • A survey in India (Shivakumar, 1999) with 109
    judges to assess their attitudes towards domestic
    violence showed that
  • 48 per cent of them believed there were certain
    occasions when it was OK for a man to slap his
    wife,
  • 74 per cent felt that the preservation of the
    family was more important even if women faced
    violence,
  • 68 per cent believed that provocative clothes
    were an invitation to sexual assault and
  • 34 per cent thought dowry had inherent cultural
    values
  • Hence, gender sensitisation is the need of the
    hour to change the mindset of the judges to
    provide proper justice to the victims of domestic
    violence

18
Women as Victims of Crime
  • Women hesitate to report crime
  • Women as victims special needs as Victims that
    have to be addressed
  • Stark differences between National Crime Figures
    and Victimization Survey Figures
  • Dark figures of crime are increasing
  • Need to increase the reporting of Crime and
    increase the faith in the Criminal Justice System
  • How do we as NGOs / Womens Organisations plug the
    gap in services?

19
  • The International Crime Victim Survey (ICVS)
    series developed by the ICVS international
    working group is an International victimization
    survey project set up
  • To fill the gap in adequate recording of offenses
    by the police for purposes of comparing crime
    rates in different nations
  • To provide a crime index independent of police
    statistics as an alternative standardized
    measure.
  • The series has so far done five sweep of surveys
    in 1989, 1992, 1996, 2000 and 2005
  • The European Crime and Safety Survey (EU ICS) is
    a tool for measuring the volume and nature of
    crime in Europe. The EU ICS consortium combines
    leading European research centres with a proven
    track record of data collection and analysis

20
Reasons for Victim Dissatisfaction of Police
Around the Globe
Reasons for dissatisfaction with the police
(percentagesfor the last incident in a period of
five years) 2004-2005 ICVS and 2005 EU ICS from
Criminal Victimisation in International
Perspective Key findings from the 2004-2005 ICVS
and EU ICS by Jan van Dijk
Mentioned Reasons Theft Burglary Robbery Sexual incidents Assaults Threats All five crimes
Did not do enough 63 68 68 63 71 66
were not interested 52 56 56 60 56 54
Did not find offender 55 58 56 58 42 54
Did not recover goods 52 49 36 48
Gave no information 44 44 40 49 37 42
Were impolite 20 25 29 34 25 22
Were slow to arrive 22 32 25 23 29 25
Other/dont know 19 36 26 44 29 14
Multiple responses were allowed, percentages may add up to more than 100. Multiple responses were allowed, percentages may add up to more than 100. Multiple responses were allowed, percentages may add up to more than 100. Multiple responses were allowed, percentages may add up to more than 100. Multiple responses were allowed, percentages may add up to more than 100. Multiple responses were allowed, percentages may add up to more than 100. Multiple responses were allowed, percentages may add up to more than 100.
21
  • Based on the International Crime Victim Surveys
    and the European Survey on Crime and Safety
  • The main reason for dissatisfaction was that the
    police did not do enough
  • The second cause for dissatisfaction was that the
    police were not interested mentioned by about
    half
  • The next most common complaint overall was that
    no offender had been caught.
  • Next , impoliteness on the part of the police
    was mentioned more often
  • The fifth most common reason of dissatisfaction
    was that the police had not given information
    (42). One in five victims mentioned impoliteness
    as a source of dissatisfaction. One in three of
    female victims reporting sexual incidents
  • Then complaint about lack of information made up
    7 of all reasons given in 1996 and 2000 and 12
    in 2005. This upward trend in victims complaining
    about lack of information can be observed in most
    countries of the European Union.

22
  • In a study that analyzed Victim counselling in an
    All Womens Police Station in a Town in South
    India one crucial finding was a strong
    correlation between the victims satisfaction
    with the counselling session and their response
    about the fear of police. The study suggested
    that this correlation maybe because
  • The victim is satisfied with the counselling
    session as she does not feel intimidated by the
    police
  • The victim feels that there is a person she can
    relate to who will be of assistance and give her
    the emotional support that she needs.
  • Victims satisfied with the counselling will be
    better inclined to come and register a complaint
    in future thereby helping reduce the dark figures
    of crime in the long run

23
  • The U.N Declaration On Basic Principles Of
    Justice For Victims Of Crime And Abuse Of Power
    states that
  • Judicial and administrative mechanisms should be
    established and strengthened where necessary to
    enable victims to obtain redress through formal
    or informal procedures that are expeditious,
    fair, inexpensive and accessible
  • Victims should be informed of their rights in
    seeking redress through such mechanisms
  • The Charter of the United Nations also reaffirms
    faith in fundamental human rights, in the dignity
    and worth of the human person and in the equal
    rights of men and women
  • Despite several resolutions, declarations and
    recommendations adopted by the United Nations and
    the specialized agencies promoting equality of
    rights of men and women, extensive discrimination
    against women continues to exist

24
  • Article 2 of the CEDAW , the UN Convention on the
    Elimination of All Forms of Discrimination
    against Women 1979 states that the ratifying
    parties shall
  • Condemn all forms of discrimination against women
    by adopting appropriate legislative measures,
    sanctions prohibiting such discrimination
  • Establish legal protection of the rights of women
    on an equal basis with men and ensure through
    competent national tribunals and other public
    institutions the effective protection of women
    against any act of discrimination
  • Ensure that public authorities and institutions
    shall act in conformity with this obligation
  • Take all appropriate measures, including
    legislation, to modify or abolish existing laws,
    regulations, customs and practices which
    constitute discrimination against women

25
  • A woman victim of crime already traumatized by
    the crime undergoes further Secondary
    Traumatization at the hands of the system that
    she must confront to seek redress
  • Women victims continue to experience threat and
    discrimination at the hands of police and in
    courtrooms
  • Research has shown that dignity and healing of
    victims depends on the respect and assistance
    extended to them by frontline professionals like
    the Police, prosecutors, victim advocates, legal
    aid providers, judges, corrections personnel,
    medical staff and mental health providers

26
THE U.N DECLARATION ON BASIC PRINCIPLES OF
JUSTICE FOR VICTIMS OF CRIME AND ABUSE OF POWER,
1985
  • On 29 November 1985, the General Assembly of the
    United Nations adopted the Declaration of Basic
    Principles of Justice for Victims of Crime and
    Abuse of Power based on the conviction that
    victims should be treated with compassion and
    respect for their dignity and that they are
    entitled to prompt redress for the harm that they
    have suffered, through access to the criminal
    justice system, reparation and services to assist
    their recovery.

27
  • The Proposed Draft UN Convention on Justice and
    Support for Victims of Crime and Abuse of Power
    in its Preamble recognizes that millions of
    people, including many women and children,
    throughout the world still suffer harm as a
    result of crime, abuse of power and terrorism,
    and that the rights of these victims still have
    not been adequately recognized, and that they
    may, in addition, suffer hardship when assisting
    in the prosecution of perpetrators
  • The Preamble further noted that it is necessary
  • to provide victims of crime with better
    information, support services, reparation from
    offenders, compensation from the state and a role
    in criminal proceedings and
  • to establish programs to protect victims of crime
    who are vulnerable, for instance because of
    gender or age

28
The definition of Victims of crime as per the UN
Declaration
  •  "Victims" means persons who, individually or
    collectively, have suffered harm, including
  • physical or
  • mental injury,
  • emotional suffering,
  • economic loss or
  • substantial impairment of their fundamental
    rights,
  • through acts or omissions that are in
    violation of criminal laws operative within
    Member States, including those laws proscribing
    criminal abuse of power.

29
  • A person may be considered a victim, under this
    Declaration, regardless of whether the
    perpetrator
  • is identified,
  • apprehended,
  • prosecuted or
  • convicted and
  • regardless of the familial relationship between
    the perpetrator and the victim.
  • The term "victim" also includes, where
    appropriate, the immediate family or dependants
    of the direct victim and persons who have
    suffered harm in intervening to assist victims in
    distress or to prevent victimization.
  •  The provisions contained shall be applicable to
    all, without distinction of any kind, such as
    race, colour, sex, age, language, religion,
    nationality, political or other opinion, cultural
    beliefs or practices, property, birth or family
    status, ethnic or social origin, and disability.

30
  • The UN Declaration states that victims of crime
    have a right to Access to justice and fair
    treatment
  • Victims should be treated with compassion and
    respect for their dignity
  • They are entitled to access to the
    mechanisms of justice and to prompt redress, as
    provided for by national legislation, for the
    harm that they have suffered
  • For most victims and their families, the
    first contacts with the authorities are with the
    police. If the perpetrator of the offence cannot
    be apprehended (as in the case in the majority of
    offences reported to the police), the interview
    by the police is often the only contact with the
    authorities
  • The satisfaction of the victims with their
    treatment by the police is an important measure
    of the victims satisfaction with the system

31
  • The UN handbook on Justice for Victims prescribes
  • Sensitization of the police and the judiciary to
    the needs of victims by adequate training
  • Training for police officers in victim issues
    should emphasize awareness and empathy for
    victims and their needs
  • Treating victims in a more sensitive and
    sympathetic manner inevitably helps the police to
    do their job better by ensuring that more
    information is provided and that the victim is
    more willing and better able to become involved
    as a witness within the judicial system

32
The Role and Responsibility of the Police to
Victims as per the Handbook on Justice for Victims
  • On-site crisis intervention
  • Emergency medical assistance
  • Information about police procedures and
    investigation process
  • Assistance to protect evidence
  • Accompany the victims to emergency medical
    services
  • Information about possible consequences of the
    crime on the victim
  • Information about victims rights and
    availability of compensation

33
  • Referrals to victim assistance services
  • Ensuring that the victim is personally contacted
    by telephone or in person 24 to 48 hours
    following the initial response in order to see
    whether assistance has been sought and/or
    received
  • Ensuring that the property of the victim is
    secured so that personal safety is not
    compromised as a result of crime
  • Establishing procedures to ensure that victims of
    violent crime are periodically informed of the
    status of investigations
  • Establishing protocols for proper detention and
    investigation of suspects in order to protect the
    safety of victims.

34
  • U.N declaration states that the responsiveness
    of judicial and administrative processes to the
    needs of victims should be
  • Informing victims of their role and the scope,
    timing and progress of the proceedings and of the
    disposition of their cases, especially where
    serious crimes are involved and where they have
    requested such information
  • Allowing the views and concerns of victims to be
    presented and considered at appropriate stages of
    the proceedings where their personal interests
    are affected, without prejudice to the accused
    and consistent with the relevant national
    criminal justice system
  • taking measures to minimize inconvenience to
    victims, protect their privacy, when necessary,
    and ensure their safety, as well as that of their
    families and witnesses on their behalf, from
    intimidation and retaliation
  • Judicial and administrative mechanisms should be
    established and strengthened where necessary to
    enable victims to obtain redress through formal
    or informal procedures that are expeditious,
    fair, inexpensive and accessible
  • Victims should be informed of their rights in
    seeking redress through such mechanisms

35
The Roles and Responsibilities of the Prosecution
to Victims
  • Keep victims informed and involved by providing
    information about the criminal justice system and
    proceedings, status of cases and coordinating
    with the judiciary
  • Providing a waiting area for victims and
    witnesses and their families in the courthouse
    that is separate visually and audibly from the
    offender. These areas should be child-friendly
    and safe and secure, where feasible
  • Establish agreements with non governmental
    organizations to provide services such as
    victim-alert programs, coordinating witness
    appearances, information about availability of
    restitution

36
  • Continue assistance to victims after conviction
    of the offender
  • Respect and recognition for victims
  • Providing victims with information
  • Special services and support
  • The ordering of restitution
  • Victim participation / VICTIM IMPACT STATEMENT
  • Support Persons accompanying victims
  • Protection of the victim
  • Protection of special categories of victims
  • Architecture and use of space in court buildings

37
International trends towards improving the
response of the Criminal Justice system towards
Victims of Crime as per the Guide for Policy
Makers
  • Guidelines for the police and judicial
    authorities that stipulate the proper treatment
    of victims
  • Introduction of a comprehensive victim bills of
    rights
  • Simplify procedures in the administration of
    justice and to promote general awareness of the
    availability of various mechanisms for obtaining
    justice and redress
  • Designating particular police officers,
    prosecutors and judges to be responsible for
    victim issues in general or for matters relating
    to particular victims
  • Establishing special sections in bar associations
    that focus on victim issues

38
  • Setting up separate victims affairs offices, for
    example at police stations or in court
  • Examining legal procedures in order to ensure the
    availability of judicial review. For example In
    Germany and Mexico the victim is permitted to
    request that a superior prosecutor or a court
    review the decision. In Austria and Finland the
    victim is
  • allowed to prosecute directly
  • Victims are increasingly being provided, where
    appropriate, with a choice of proceeding with
    criminal, administrative, civil or informal
    measures
  • The establishment or expansion of the possibility
    of presenting civil claims in connection with
    criminal proceedings.
  • This possibility is available in a great number
  • of jurisdictions, for example as partie
    civile (in French-based systems) or
  • adhesion proceedings (in many
    jurisdictions based on the Germanic system)

39
  • In Mexico neglect by the prosecutor or the court
    to take into consideration the right of the
    victim to claim redress in criminal proceedings
    may lead to administrative sanctions
  • The Indian Experience - Creation of a Victim
    Assistance Fund scheme in the state of Tamil Nadu
    in India that provides monetary help to victims
    of homicide or their bereaved relatives, victims
    of serious physical injuries including rape, and
    victims of grievous hurt
  • In Austria Victims may submit evidence, suggest
    questions that may be asked of the defendant or
    of witnesses, and comment on statements and
    evidence submitted to the court
  • USA provides the victim a right to be heard on
    the appropriate sentence of the defendant and on
    their release from prison on parole

40
  • In Finland and India the laws on cost-free legal
    proceedings also apply to victims in the case of
    need
  • Most countries in western Europe, Australia,
    Canada, Hungary, Poland and the United States
    have established such programmes in close
    cooperation with law enforcement agencies, who
    are often the victims first contact with persons
    of authority
  • In Finland and the United States a social worker
    or a specially trained volunteer is arranged to
    accompany the police officer when responding, for
    example, to domestic disturbance calls and when
    informing family members of a violent crime
  • Portugal and the United States have experimented
    with victim/witness programmes based in the
    prosecutors offices or, since social workers are
    often present in court and see all parties
    requesting help, in probation services

41
  • Some measures taken in different jurisdictions to
    minimize inconvenience to victims include
  • If the property of the victim (such as stolen
    property or soiled clothing) is required as
    evidence, photographs can be taken or sworn
    statements prepared by the investigating
    officer. The property can then be restored to the
    victim, unless a formal objection is made
  • Immediate reimbursement to the victim of expenses
    involved in participating in the police
    investigation and attending proceedings, pending
    the determination of guilt and the final
    allocation of responsibility for the costs
  • Special consideration as to whether the testimony
    of a witness is required at a court session and,
    if so, whether the summons could indicate more
    closely the actual time at which the case would
    be heard

42
  • Denmark, Finland, Norway and Sweden have created
    a position of support persons whose services
    are paid by the State and who, in such serious
    cases as sexual assault, accompany the victim
    throughout the process, from the first contacts
    with the authorities to the implementation of the
    decision
  • Arrangements for sustenance, child care
    facilities and other conveniences while waiting
    in court and the possibility of separate waiting
    room facilities to avoid undue contact with the
    suspect or with the suspects relatives and
    acquaintances
  • Reviewing the possibility of in camera
    proceedings or, for example, the provision of
    videotaped testimony or the use of one-way
    mirrors where this would encourage the victim to
    speak more freely, as in the case of victims of
    sexual assault or child victims
  • The appointment of child advocates, who are
    mandated by the court to represent the interests
    of the child victim

43
Towards Safe Spaces for Women Victims of Crime-
All Women Police Stations
  • A pioneering initiative of the state of Tamil
    Nadu in India (though the first one was opened in
    Calicut in 1973). At the World level the first
    AWPS was set up in Brazil in 1985. The first AWPS
    in Tamil Nadu was opened in 1991.
  • Since its commissioning in 1991 the number of
    AWPS in India has grown to 524 (National Crime
    Records Bureau 2009)
  • An AWPS is manned? operated by one woman
    Sub-Inspector and two women police constables

44
An All Women Police Station
A Woman Police Sub-inspector talks to a couple
involved in a domestic dispute
An all-women staff operates the customer counter
at the South Indian food store
45
Brazilian Initiative to Encourage Reporting by
Women Victims
An All Women Police Station in Brazil
46
Aims of All Women Police Stations
  • Provide immediate relief to women in distress
  • Rescue girls and missing children,
  • Assist policemen in the raids to curb immoral
    trafficking
  • Public order duties at large gatherings where
    women congregate
  • Investigate crime cases against women under
    Indian Penal Code, Dowry Prohibition Act,
    Tamilnadu Prevention of Women Harassment Act,
    Domestic Violence Act, Child Marriage Act,
    Medical Termination of Pregnancy Act, Child
    Labour act, Juvenile Justice act, Prevention of
    Immoral Traffic Act
  • Provide 24x7 women helpline and child helpline
    services

47
Towards Safe Spaces for Women Victims of Crime-
Mahila/ Family Courts
  • Designation of courts to deal exclusively with
    cases relating to offences against women
  • Headed by District and Sessions Judges for speedy
    trial and disposal of cases of offences committed
    against women and also cases under other social
    laws enacted by the Central and State Governments
    for the protection of women
  • To ensure that the these places are manned by
    trained personnel who are sensitized to the needs
    of women as victims of crime.

48
Aims of Women's /Mahila/ Family Courts
  • To promote conciliation and secure speedy
    settlement of disputes relating to offences
    against women , family affairs and for matters
    connected
  • To ensure that persons who are appointed to
    these y courts are committed to the need to
    protect women and ensure that the court is a safe
    space for women and to promote the settlement of
    disputes by conciliation and counselling
  • Preference of women as mahila /Family Court
    judges
  • To associate with institutions engaged in
    promoting welfare of families, especially women
    and children, or working in the field of social
    welfare
  • To facilitate satisfactory resolution of disputes
    concerning the women through a forum that works
    expeditiously and in a just manner and with an
    approach ensuring maximum welfare of society and
    dignity of women

49
The Road Ahead
  • To advocate that training in Victimology and
    victim assistance be included in the academic
    syllabus of every Police and Judicial academy
  • Victimization surveys in order to assess the
    magnitude of the problem in realtion to the dark
    figures of crime.
  • Involvement of the YWCAs and other NGOs in
    training at the Police academies and judicial
    academies
  • Sensitization , skill development and capacity
    building of officers and functionaries
  • of NGOs, civil societies.
  • Research on need of victims in every country
  • All services provided to victims should be need
    based
  • To initiate the setting up of National Societies
    of Victimololgy to work with the World Society
    of Victimololgy which has a consultative status
    with the UN and hence the ability to affect the
    much needed change in the treatment of victims

50
Knowledge is power this is the Motto of The
Manonmaniam Sundaranar University
  • Now we have the knowleedge of the UN declaration
    for Victims , and hence the power to make a
    difference in the life of Women who are victims
    of crime in out cities, when we return from
    Jakarta

51
Thank you
  • Dr. Beulah Shekhar
  • Manonmaniam Sundaranar University
  • Tamil Nadu, India
About PowerShow.com