THE STATUS OF WOMEN IN INDIA - PART I

UNCLAS SECTION 01 OF 05 NEW DELHI 001653

SIPDIS

SIPDIS

DEPT FOR SCA/INS, DRL, PASS TO SECRETARY RICE, U/S HUGHES,
U/S BURNS, U/S DOBRIANSKY, AND DEPUTY SECRETARY NEGROPONTE

E.O. 12958: N/A
TAGS: PGOV PHUM PREL PINR SOCI KWMN IN
SUBJECT: THE STATUS OF WOMEN IN INDIA - PART I

REF: A. 06 NEW DELHI 0930

B. 06 NEW DELHI 7119

C. 06 NEW DELHI 7581

D. NEW DELHI 0654

E. NEW DELHI 1032

F. NEW DELHI 1383

G. NEW DELHI 1401

H. NEW DELHI 1402

I. NEW DELHI 1419



1. (SBU) Summary: During the March 19-24 visit of Senior
Advisor to the Secretary of State for Women's Empowerment
Ambassador Shirin Tahir-Kheli, Mission officers joined
Ambassador Tahir-Kheli to survey New Delhi's leading NGOs,
think tanks, pundits, government officials and activists on
the changing roles of women in Indian society. Since
independence six decades ago, India has enacted approximately
a dozen landmark laws aimed at supporting and protecting
women. However, while women are beginning to enjoy some new
legal protections, they are still fighting for equality and
waiting for effective enforcement and implementation of these
laws. Based on Ambassador Tahir-Kheli's conversations, and
our own ongoing analysis, the issues of greatest concern to
both the USG and our north Indian interlocutors include
female feticide, dowry deaths and traficking in persons.
Part I of our report will focus on the first two issues.
Part II (septel) will discuss trafficking in persons, and
bread and butter concerns involving the continued inability
of India's women to access education and health, and caste
and class. End Summary.

The Good News: Marked Progress Through the Decades
--------------


2. (SBU) Feminist activism in India gained momentum during
the late 1970s. In 1979, the acquittal of policemen accused
of raping a young girl in a police station led to wide-scale
protests and effectively served as the catalyst that brought
women,s groups together. The protests were covered in the
national media and forced the GOI to amend the Evidence Act,
the Criminal Procedure Code and the Indian Penal Code to
introduce the category of custodial rape. Civil society has
also played a crucial role in raising awareness. In the
1990s, foreign donor agencies funded the formation of new
women-oriented NGOs. NGOS and self-help groups continue to
play a major role in women's rights in India.


3. (SBU) Throughout Ambassador Tahir-Kheli's visit, contacts
highlighted continued progress on women's issues. The
Constitution of India guarantees equality (Article 14),no
discrimination by the State (Article 15),equal opportunity
(Article 16),and equal pay for equal work (Article 39). In
addition, it specifies unique provisions for women and
children (Article 15),renounces practices derogatory to the
dignity of women (Article 51) and calls on the state to
ensure secure, just, and humane work conditions and for
maternity relief (Article 42). In addition, since
independence six decades ago, India has enacted approximately
a dozen landmark laws (many described in the following
paragraphs) to support and protect women.

The Bad News: Laws Exist, But Only on Paper
--------------


4. (SBU) Civil society and the media have taken the lead in
raising awareness and acceptance of the rights and roles of
women. The courts are slow to keep pace and are often
prodded to action by the media. In 2007, there have been
daily newspaper headlines reporting on court decisions for
cases filed in the early 1980s (reftel C). It is widely

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acknowledged that the government is often unable to implement
or enforce its laws, especially in rural areas where
traditions are deeply rooted. Justice delayed, as one
contact told us, is justice denied. Kiran Bedi, Director
General, Bureau for Police Research and Development also
expressed frustration over badly designed laws. She pointed
out that no law stipulates how the statute will be
coordinated, implemented, or monitored. She emphasized that
a coordinating body needs to be identified and held
responsible for the implementation of these laws, including
the provision of training and levying penalties for
lackluster enforcement.


5. (SBU) In 1992, the GOI established the National
Commission for Women (NCW) to: review the Constitutional and
legal safeguards for women; recommend remedial legislative
measures; facilitate redressal of grievances; and advise the
Government on all policy matters affecting women. The NCW
coordinates with state governments to raise awareness of
issues impacting women. On March 23, NCW Chairperson Girija
Vyas told Ambassador Tahir-Kheli that the office monitors
various issues throughout the country, including female
feticide and domestic violence. It also conducts outreach
and education and interact with the police, who she claimed
&fear me and my organization.8 Vyas acknowledged the
media,s important role as a tool for outreach and
enforcement, but also noted that the NCW was becoming
increasingly savvy in its outreach efforts. For example, to
date, the government and civil society have taken a number of
steps to assist female crime victims, including telephone
help lines, short-stay homes, counseling, occupational
training, medical aid and rehabilitation. (Comment: While
the NCW,s intentions are good, NCW is repeatedly criticized
for failing to speak out against reported atrocities.
Further, the GOI does not have to implement NCW
recommendations and has not granted the NCW the independence
necessary for effective functioning. End Comment.)

The Girl Child: Female Feticide, Infanticide and Neglect
--------------


6. (SBU) Throughout her visit, interlocutors complained to
Ambassador Tahir-Kheli about the devastating practice of
female feticide. The traditional cultural preference for
sons has directly led to high rates of female feticide,
female infanticide, maternal mortality and neglect of the
girl child. Aid Agency Oxfam reported that this trend is
regional; as of 2003, South Asia is reportedly missing some
50 million women due to these practices. As a result,
India's sex ratio is one of the world,s lowest with an
average of 933 females for every 1,000 males in the 2001
census, up from the 1991 census figure of 927.


7. (SBU) On March 20, Member of Parliament (MP) Prema
Cariappa identified female feticide as the biggest challenge
facing India today. She explained that the Prenatal
Determination Test Act only penalizes expecting women and
doctors who use sex determination tests to identify female
fetuses for abortion. Cariappa underscored that, more often
than not, women are coerced by their families and their
husbands to get ultrasound tests and abort girl fetuses. In
the same meeting, Cariappa's colleague, MP Nirmalal Deshpande
explained that feticide is more prominent among the educated
and urban sections of society (reftel A).


8. (SBU) There are several non-national efforts to curb
female feticide. On March 23, Delhi Chief Minister Sheila
Dixit outlined the Delhi government program. Every girl born
in a New Delhi government hospital is given a gift deposit of
Rs. 5000 ($114). This, when coupled with accumulated
interest can reach up to Rs. 18,000 (409 USD),is given to

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the girl when she turns 18 years old. The program ostensibly
encourages mothers to go to government hospitals, resulting
in safer births and lower maternal mortality, and encourages
families not to abort female fetuses. In addition, MP
Praneet Kaur and several others told Ambassador Tahir-Kheli
about the local-level solution to feticide in Nawanshahr
(reftel D). The District Commissioner in Nawanshahr enjoys
broad support for his "Big Brother" model, which monitors
every pregnant woman in a targeted village and their female
children. In response to Ambassador Tahir-Kheli's concerns
regarding possible violation of privacy rights, most argued
that the problem has reached such a critical level that any
solution that tendered results was welcomed.


9. (SBU) Despite government and NGO efforts, on March 21,
Montek Singh Ahluwalia, Deputy Chairperson, Planning
Commission recounted seeing a poster advertising sex
determination and selection, "Spend 500 rupees ($11) now,
save 5 lakhs ($11,364) later." (Comment: While vested
interests are promoting and profiting from female feticide,
we find it encouraging that virtually every interlocutor
raised female feticide as a problem India needed to address
seriously. End Comment.)

Domestic Violence and Dowry-Related Deaths
--------------


10. (SBU) According to a recent UN report, approximately
two-thirds of married women in India are victims of domestic
violence. The 2006 National Family Health Survey reported
that every third women has dealt with spousal violence. The
Indian Penal Code was amended twice during the 1980s - first
in 1983 and again in 1986 - to define special categories of
crimes dealing with marital violence and abuse. To deal with
the problem, the GOI introduced the Protection of Women from
Domestic Violence Act of 2006, which took effect on October

27. The new law bans the harassment of new brides for dowry
and gives sweeping powers to a magistrate to issue protection
orders where needed. Punishment ranges from jail terms of up
to one year and/or a fine of approximately 19,800 rupees
($450). Domestic violence, under the new law, is defined as
actual abuse or the threat of abuse whether physical, sexual,
emotional, or economic. The law also criminalizes spousal
rape.


11. (SBU) While less common than 40 years ago, dowry related
violence, often referred to as "bride burning" still occurs.
In bride-burning, husbands or other family members douse the
wife with kerosene, gasoline or other flammable liquid and
set her alight, often leading to death by immolation. Most
Indians assert that bride-burning results from the woman's
inability to meet dowry demands, falling behind on dowry
payments, or the husband's desire to rid himself of his wife
without the dishonor of divorce. Dowry deaths are often
disguised as kitchen accidents or suicides and are not
reported. The exact number of victims can only be estimated.
However, in 2005, almost 7,000 cases of dowry-related deaths
were recorded with the National Crime Records Bureau (NCRB).
NGOs also claim that accused in-laws often avoid legal
consequences by bribing police officials.


12. (SBU) The payment of dowry has been illegal for nearly
forty years. Two amendments to the Dowry Prohibition Act of
1961 - enacted in 1984 and 1986 - further strengthened the
legislation. However, women's rights groups claim the
practice continues because the law is hardly enforced. Under
the law, the courts must presume that the husband or the
wife's in-laws are responsible for every unnatural death of a
woman in the first seven years of marriage - whenever
harassment is proven. In May 2005, the Supreme Court ordered
the creation of a commission to end dowry. (Comment: We

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assess the commission will remain ineffective as it will be
stymied by police corruption, shoddy implementation, and the
slow pace of the legal process. For example, the founders of
Shakti Shalini, a domestic violence shelter for women ) and
visited by Ambassador Tahir-Kheli - are still waiting for the
Delhi High Court to hear the cases involving the dowry-deaths
of their daughters, which occurred in 1978. End comment.)


13. (SBU) On March 20, Minister of Women and Child
Development Renuka Chowdhary provided Ambassador Tahir-Kheli
with information regarding effective community responses that
averted dowry related deaths, including one from Rajasthan
where families are &exchanging a girl for a girl8. Under
this practice, a family with a son and daughter who are near
in age with another family with a son and daughter, will not
accept a dowry but will exchange their daughters for their
sons. NGO leaders also told Ambassador Tahir-Kheli
successful stories of women collectives demanding police to
enforce domestic violence laws and shaming abusers by
publicizing the abuse. (Comment: Instigating social change
at the community level is far more effective than wading
through the cumbersome, bureaucratic and time-consuming
judicial system. Community tailored responses and community
activism remain vibrant in India. End Comment.)


14. (SBU) Rape and other violent attacks against women are a
serious problem both within and outside the home. While
official statistics confirm a dramatic increase in reported
crimes against women, these may reflect a growing sense of
security in reporting these crimes. The NCRB reported an
increase in the number of rapes from 14,809 in 2004 to 15,847
in 2005. According to the NCRB, two rapes took place every
hour in 2006, one in five victims was a child, and 19 out of
20 of those arrested for rape went unpunished. Only 10
percent of rape cases were adjudicated fully in the courts as
police generally fail to arrest rapists. In May 2005,
Parliament amended the Code of Criminal Procedures to
stipulate mandatory DNA testing in all rape cases. To
protect women from sexual assault by police officers, the
bill also prohibits the arrest of women after sunset and
before sunrise except in "exceptional circumstances."


15. (SBU) During a four-day visit to New Delhi, Ambassador
Tahir-Kheli held high level discussions on women's
empowerment with the following Mission contacts:

- Sanjaya Baru, Media Advisor to the Prime Minister;
- Shiv Shankar Munon, Foreign Secretary;
- Renuka Chowdhary, Minister for Women and Child Development;
- Praneet Kaur, Member of Parliament;
- Prema Cariappa, Member of Parliament;
- Nirmala Deshpande, Member of Parliament;
- Montek Singh Ahluwalia, Deputy Chairperson, Planning
Commission;
- Sayeeda Hamid, Member of Planning Commission;
- Manjeev Singh Puri, Joint Secretary on United Nations,
Economic and Social Programs;
- Sanjiv Arora, Joint Secretary, United Nations Political;
- Delhi Chief Minister Sheila Dixit;
- Girija Vyas, Chairperson National Commission for Women;
- Amb. Lalit Mansingh, Former Ambassador to the U.S.;
- Kiran Bedi, Director General, Bureau for Police Research
and Development; and
- Lt. General Satish Nambiar, Director, United Services
Institute of India.


16. (SBU) Ambassador Tahir-Kheli also met with numerous
NGOs, lawyers, think tanks, and members of the press
including,

- Ranjana Kumari, Director, Center for Social Research;

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- Asmita Basu, Legal Consultant and Project Coordinator,
Lawyers Collective;
- Aparna Bhatt, Advocate, Supreme Court of India;
- Veena Nayyar, Women,s Political Watch;
- Gouri Choudhary, WomenPowerConnect Governing Board;
- Mohini Giri, Chairperson, Guild of Service;
- Ravi Nair, South Asia Human Rights Documentation Center;
- Indira Rajarama, National Institute of Public Finance and
Policy;
- Harinder Sekhon, Senior Fellow, Observer Research
Foundation;
- Radha Kumar, Delhi Policy Group;
- Mythilli Bhusnurmath, Senior Editor, Economic Times;
- Madhvi Puri Buch, Head Corporate Brand, ICICI Bank;
- Dr. N. Hamsa, WomenPowerConnect;
- Tara Apachu Sharma, Women's Legal Rights Initiative (WLRI)
Program Team, IFES
- Vasu Mohan, WLRI Program Team, IFES;
- Dr. Suraiya Tabassum, WLRI Program Team, Muslim Women,s
Program;
- Benita Sharma, WLRI Program Team, Gender Budgeting;
- Akhila Sivadas, Center for Advocacy and Research; and
- Rekha Bezbourah, Ekatra.


17. (U) Part II on women's issues and Ambassador
Tahir-Kheli's visit will follow septel.

MULFORD