Violence against women condoned or perpetrated by the State

Women living in area likes Jammu and Kashmir and the north-eastern states, live in a constant state of surveillance and siege, whether in their homes or in public. Information received via both written and oral testimonies highlighted the use of mass rape,  by members of the State security forces, as well as acts to enforced disappearance, acts of torture and killing and ill-treatment, which was used to intimidate and to counteract political insurgency and opposition. Testimonies also highlight the impact of their situation on women’s health, including psychological and emotional disorders such as post-traumatic stress, fear psychosis and severe anxiety, and such conditions have a negative impact on women’s physical and psychological well-being. Additionally, the freedoms of movement, peaceful assembly and association are frequently restricted.

The specific legal framework that governs those areas, namely, the Armed Forces  Act and its difference, allows for the overriding of due process rights and nurtures a climate of impunity and a culture of both fear and resistance by citizens. Violence against women in custodial settings still remains a matter of concern. In 2012 there were total 20 women’s prisons and 21 centers for the rehabilitation of adolescent offenders. There are also rehabilitation centers for sex workers. Women accounts for 4.4 per cent of all inmates in the country. In accordance to violation of international standards aimed at ensuring that those wishing to maintain family relationships during custody can do so with adequate protective measures to ensure the safety of inmates, including gender-related killings. In 2012, 55 female inmates death were registered, of which eight were suicides of  inmates due to limited resources.

Women were also found to suffer violence in the circumstance of forced evictions. The State’s efforts to encourage economic growth and implement the development projects are allegedly often conducted without adequate consultations with affected communities, with the sole objective of  being one of economic growth at any cost. The consequences include being forced to live in insecured environments which is a degradation of their environment, which results in the loss of land and livelihoods and forcible evictions. Many victims are left without adequate alternatives to relocate, forcing them to live in on the streets and slums. The Government’s twelfth Five-Year Plan,  includes elements to improve housing conditions through a new rehabilitation programme of slum and schemes to assist States to improve livelihood opportunities in urban areas.

 The Special Rapporteur noted concerns with regard to profit-oriented micro finance institutions involving micro finance products for women. Vulnerable women reportedly receive multiple loans and are sold financial products with little or negligible information, and the unequal bargaining power between such institutions and clients is not addressed by any regulation. These practices result in over-indebtedness and the inability to pay back, leading to harassment and threats and women being excluded from their families and communities. Some have committed suicide as a result of such abuse reportedly. It is  not clear if the larger problem is a lack of or inadequate, regulation of finance institutions.