Government Of Haryana, 2015 Manisha Dalabehera
Published: Government of Haryana, 2015Cover Page Design: Manisha Dalabehera
Paving New PathwaysSpecial Cell for Women and Children in Haryana(2008-2014)Report WritingTaranga SriramanResource Centre for Interventions on Violence Against WomenTata Institute of Social Sciences, MumbaiSupported by GOVERNMENT OF HARYANA2015
PrefaceUnder the umbrella of Strengthened Access to Justice in India (SAJI-I),a joint project of the United Nations Development Programme(UNDP) and the Government of India, UNDP approached TISS to setup Special Cell for Women and Children in two districts of Haryanain 2006. The Special Cell’s approach emphasises that the state mustacknowledge women as individuals with rights and entitlements,and take responsibility for addressing violence against women. Wewent to Haryana with this perspective, on the invitation of the UNDP.Ambala and Jind were selected after extensive research — one was theheadquarters of a highly urbanised district, and the other of a highlyrural one, with both having a high rate of crime against women — andthe proposal was taken forward to the State government of Haryana.Haryana posed a unique challenge for the Special Cell. It has beensuggested that there is a civil society vacuum in Haryana; patriarchalvoices are known to dominate, and there is no robust women’smovement. It became all the more crucial in this context to bestdevelop and strengthen the work of the Special Cell, and create astrong and sustainable response to violence against women. The bestpart of working with Haryana was that we were allowed to experimentwith the Special Cell's model. We were welcomed by both the WCD andthe Police with open arms, and were able to successfully demonstrateon ground the usefulness of the Special Cell Units to the Haryanagovernment.After one and a half years, when the pilot phase was drawing to a closeand institutionalisation was required, we wrote an institutionalizationstrategy paper — a brief report on the two pilots we had conductedand the progress they had made. We took our findings to the StateDepartment of Women and Child Development. Sh. G Prasanna Kumar(Financial Commissioner & Principal Secretary (FC & PS) to Govt. ofHaryana, Department of Home), was the first one to open the gates forus. After reading our strategy paper, he personally invited me to meetMs. Anuradha Gupta, (FC & PS), WCD. She too affirmed that this was auseful and relevant strategy for countering violence against women,and insisted we move towards institutionalisation. I had visited theWCD at the end of the pilot phase to share our learnings and bid theofficials goodbye, but the clear message we received at that meetingwas “you are not going anywhere”.Paving New Pathways: Special Cell for Women and Children in Haryana (2008-2014)
PrefaceWe were requested to hold on, and extend the pilot for five moremonths, until the government could take over. During these fivemonths, we really extended ourselves. We undertook fundraising, andstretched our resources to the limit to keep the programme going.After five months, the government took over the Haryana Special Cellsprogramme and it has not looked back since — it is now running in 21districts.The year of institutionalisation, 2008, was also a time where pressureto implement the Protection of Women from Domestic Violence Act(PWDVA) had begun. It was at this critical juncture that the governmentof Haryana decided to dovetail the implementation of the PWDVA,Prevention of Child Marriage Act (PCMA), and the implementationof the Special Cell for Women and Children. TISS has played a handholding and consultancy role for the Haryana Special Cell programpost-institutionalisation.It was truly wonderful to see the receptiveness of the bureaucracy inHaryana. Haryana has a reputation for a patriarchal culture and we hadgone expecting some resistance, but were greeted by a bureaucracymore supportive than we could have hoped. People like Sh. G PrasannaKumar and Mr. S.S. Prasad (the FC & PS and Director WCD who tookthe initiative forward), Ms. Neerja Sekhar (Director, WCD), and and Ms.Anuradha Gupta (FC & PS,WCD) were instrumental in giving the SpecialCell the boost they needed.Another crucial and heartening factor was the enthusiasm and thesupport of the police. The office of the DGP, Haryana wrote to theFinance Commissioner and Principal Secretary, DWCD of the HaryanaGovernment, recommending that the Special Cell programme beinstitutionalised. It was a major vote of confidence for us — for thepolice to put down their support in writing and go out of their way toadvocate on our behalf.Thus, the Special Cell model in Haryana is unique. Here three differentmandates have converged — wider police-based support forviolence against women, the implementation of the PWDVA, and theimplementation of the PCMA — to enable a multi-pronged responseto violence against women and children. In this model we see theinitiative of the Haryana government, and how they have chosen tocontextualize and implement these legislations. This document is anPaving New Pathways: Special Cell for Women and Children in Haryana (2008-2014)
Prefaceaccount of the process of institutionalisation in such a context, anddemonstrates a convergence intervention model for a coordinated,multi-agency response to violence against women. It encapsulates thesix years of work in Haryana and the outcomes and achievements thatfollowed. We sincerely hope the Special Cell continues to grow andthrive in Haryana in the years to come.Trupti Jhaveri PanchalAssistant ProfessorSchool of Social WorkProject DirectorResource Centre on Intervention on Violence against Women (RCI-VAW)& Special Cell for Women and Children, MaharashtraTata Institute of Social Sciences, MumbaiPaving New Pathways: Special Cell for Women and Children in Haryana (2008-2014)
AcknowledgementsThe Special Cell for Women & Children in Haryana State as a programme hasbeen established with the support of the United Nations Development Fund (inthe pilot phase of 1 year). Since then, the State Police Department, and the StateDepartment of Women & Child Development, have provided unstinting supportto the programme and have enabled the empowerment of the Special Cellworkers as Protection-cum-Prohibition Officers under the PWDVA 2005 & thePCMA 2006, respectively.This document has been prepared by the Resource Centre for Interventionson Violence Against Women (RCI-VAW) at the Tata Institute of Social Sciences(Mumbai). The RCI-VAW has been involved from the inception beginning withadapting the Special Cells approach into the Haryana context, as well as incontinued strengthening & technical support of the programme in the provisionof quality socio-legal services to violated women & children.This effort has found support in individuals and institutions, to whom thanks aredue, as follows:State Department of WCDDheera Khandelwal (Additional Chief Secretary, WCD),Ms. Shashi Bala Gulati (Principal Secretary WCD),Ms. Renu Phulia (Director, DWCD),Ms. Amneet Kumar (Director, WCD),Ms. Shashi Doon (Addl. Director, DWCD),Home Ministry, Haryana and the Haryana Police, in particularUnited Nations Development Programme (UNDP), IndiaThanks are also due to the TISS team that was engaged with the Special Cellsprogramme in Haryana through direct work with women, documentation,training, research etc. in the period of f.y. 2006-07 to f.y. 2013-14. The TISS teamthat worked on programmatic support & research with Special Cells Haryana,includedMs. Trupti Jhaveri PanchalMr. Balwant SinghMs. Kakul ShelleyMs. Urvija PriyadarshiniMr. Durgesh SolankiMs. Janice LazarusMs. PekhomMs. Vinita AjgaonkarMs. Taranga SriramanThanks are due to Mr. V. Ganpathy for copy-editing the document, Ms Melita Vazand Ms Amita Pitre for review of editing and Ms Rashi Vidyasagar for formattingthe document.Paving New Pathways: Special Cell for Women and Children in Haryana (2008-2014)
ContentsChapter 1Background and Context11 History Special Cell as a FAP and subsequent scaling up Evolution of TISS’s role into a technical support and coordinating agencyChapter 2The Special Cell for Women and Children inHaryana Why Haryana? UNDP-TISS collaboration Role of the State Government and the Police Department, Haryana21Chapter 3Role of the RCI-VAW (TISS) as resource agency43Chapter 4Impact and Achievements65 Work on Violence Against Women (VAW) Cases of VAW that were dealt by Special Cells from 2008 to 2012 Direct approach by survivors and referrals by other stakeholders Work done by PPOs under the PWDVA, 2005 Filing of applications under PWDVA with the Courts by PPOs Other impacts of the litigation/application process under PWDVA Other aspects of the Cells' intervention process Referrals made for addressing multiple needs of survivors Work on child marriage Work by PPOs under the PCMA 2006 Major achievements of PPOs at Special CellsChapter 5Experiences and Way Forward Special Cell: An innovative intervention Challenges and issues in replication of Special Cell model:Recommendations for way forwardAnnexure131145Paving New Pathways: Special Cell for Women and Children in Haryana (2008-2014)
List of TablesTable No.TitlePageNumberTable 1Profile of complaints received by the Special Cells andstrategies adopted67Table 2Complaints of child marriages received and actiontaken70Table 3Number of complaints of VAW received by the SpecialCells (per year)72Table 4DIRs filed between November 2008 and 30thSeptember 201379Table 5Applications for relief order (vide Form II) made to theCourt by women with PPOs’ assistance83Table 6Notices (for summons) served (to the respondents) byPPOs on Court orders86Table 7Enquiries conducted by PPOs on Court orders89Table 8Relief orders issued by Courts between November2008 and September 201392Table 9Final Judgments given by the Court under PWDVA99Table 10Cases of breach of orders under PWDVA101Table 11Type of interventions done by Haryana Special Cells103Table 12Number of individual and joint meetings held at theSpecial Cells104Table 13Case process/results at Haryana Special Cell,November 2008 to September 2013105Table 14Referrals made by PPOs107Table 15Home and Court visits by PPOs109Table 16Meetings of PPOs with other stakeholders112Table 17Capacity-building activities of PPOs/Cell workers113Table 18Intake of child marriage complaints115Table 19Source of complaint/referral to PPOs117Table 20Applications to the Court for injunction orders filedby PPOs118Table 21Injunction orders obtained from the Court118Paving New Pathways: Special Cell for Women and Children in Haryana (2008-2014)
List of TablesTable 22Child marriages prevented by PPOs of Haryana SpecialCells122Table 23Complaints referred to the police for preventive/criminal/punitive action123Table 24Highlights of PPOs achievements127Table IFrequency of violence145Table IIWhere violence takes place145Table IIIWomen’s perceptions of the reason for violence146Table IVForms of violence148Table VEffects of violence on health of the survivor151Table VIMental health impact of violence on women152Table VIISexual health issues153Table IInformation/assistance sought by survivors at thetime of complaint registration154Table IINature of help extended by the Special Cells155Table IIIOther referrals made by the Special Cells156Table IVSupport systems available to survivors157ANNEXURE 1ANNEXURE 2Paving New Pathways: Special Cell for Women and Children in Haryana (2008-2014)
AcronymsCBOCEDAWCHCCJSCMPOCPCCr DPUNFPAUNIFEMVAWWAMACommunity Based OrganisationConvention on the Elimination of all forms of Discrimination against WomenCommunity Health CentreCriminal Justice SystemChild Marriage Prohibition OfficerChild Protection CommitteeCriminal Penal CodeDelegation of Financial RegulationsDirector General of PoliceDomestic Incident ReportDistrict Legal Services AuthorityDepartment of Women and Child DevelopmentDomestic ViolenceField Action ProjectGovernment of IndiaHaryana Institute of Rural DevelopmentHaryana Police AcademyIntegrated Child Development SchemeImmoral Trafficking Prevention ActInspector General of PoliceIndian Penal CodeKurukshetra University, KurukshetraMonthly Progress ReportMulti-Purpose WorkerNon-Governmental OrganisationNational Rural Health MissionProhibition of Child Marriage ActPrimary Health CentreProject Officer or Protection OfficerProtection-cum-Prohibition OfficersProtection of Women from Domestic Violence ActResource Centre for Interventions on Violence Against WomenStrengthened Access to Justice in IndiaSuperintendent of PoliceTata Institute of Social SciencesUnited Nations Development ProgrammeUnited Nations Population FundUnited Nations Development Fund for WomenViolence Against WomenWomen's Awareness and Management AcademyPaving New Pathways: Special Cell for Women and Children in Haryana (2008-2014)
Chapter 1Background and ContextHistoryFor close to three decades now, Violence against Women(VAW) has been the focus of attention in the women’smovement in India. Custodial rape was one of the first issuesthat led to public protests against the violence perpetratedon women. This led women’s movements to actively seek tosensitise the Criminal Justice System (CJS) to the horrifyingreality of Violence against Women (VAW), more specifically,domestic and family violence. The last twenty years havewitnessed many changes in the CJS - new sections wereintroduced in the Indian Penal Code (IPC) in response tonewly recognised dimensions of violence (specifically 498Aand 304B to address dowry-related deaths).Women’s groups and governments have since raised otherconcerns, which led to the enactment of the Protectionof Women from Domestic Violence Act (PWDVA), 2005.
Background and ContextPWDVA recognised the need to support women survivorsof Domestic Violence (DV). It brought together volunteers,voluntary organisations and Community Based Organisations(CBOs). Within the police force also, there have been a fewexperimental efforts such as the setting up of VigilanceCommittees, all-women police stations, Crime against WomenCells, and counselling centres within police stations.The Special Cell for Women and Children (referred to as theSpecial Cell or just Cell in the rest of this document) is onesuch initiative aimed at eliminating Violence against Women.The Special Cell is located in a police station and providesservices to women survivors by trained social workers.Underlying the concept of the Special Cell (and its locationin a police station) is a clear recognition that violence againstwomen is a crime under the law and that it is the responsibilityof the state to prevent and counter it. Therefore, it wasexpected that the initiative leads to a more co-ordinated,coherent and in-depth response to the issue of VAW byintegrating social services with the police system.1The First Special Cell for Women and Children wasestablished in 1984 as a strategic collaboration between theBombay (now Mumbai) Police and the Tata Institute ofSocial Sciences, Mumbai, to provide quality psycho-sociallegal services to women and children who are vulnerable toviolence .21Adapted from 'Mission Statement and the Monitoring Indicators for Special Cellfor Women and Children – Within the Maharashtra State Police System', pp.1-22Adapted from Ganesh, Indira Maya: 'Next Steps. Special Cell Strategy andVision' (2008), pg.412Paving New Pathways: Special Cell for Women and Children in Haryana (2008-2014)
Background and ContextWhat is the Special Cells’ intervention?The model on which the Special Cell bases its interventionscan be inferred from the documents and records that areavailable in TISS. The chief components of the model are1.Mission: The Special Cell for Women and Childrenis located within the Police System. Its mandate is to addressthe issue of violence against women and children. TheSpecial Cell is an explicit acknowledgement that the Statethat recognises that women are individuals with rights andentitlements guaranteed by the Constitution of India. Thus,the mission of the Special Cell is to work towards ensuringthat women’s rights are upheld and they are given equalopportunities in society, including the opportunity to livea peaceful, violence-free life. For, the Special Cell Violenceagainst Women is clearly seen as a crime against individualwomen as well as against society. Consequently, it is theresponsibility of the state to prevent and counter it. Hence,location of the Special Cell within the police system is astrategic choice that facilitates the state’s efforts to counterVAW .32.Location within the Criminal Justice System:The power and authority that is legitimately inherent in thepolice system enables the Special Cell to say “no to violence”at both individual and societal levels. The Special Cell’sapproach is to use police power and authority constructivelyto curb violence against women in society. Problem-solvingstrategies are based on the survivor’s legal rights. The SpecialCell’s collaboration with Tata Institute of Social Sciences(TISS) as a Field Action Project has enriched the systemic3Ibid. 1Paving New Pathways: Special Cell for Women and Children in Haryana (2008-2014)13
Background and Contextresponse to the issue of VAW.The synergy between the strengths of the police system,and the mandate and capabilities of Special Cell enables acoordinated, multi-agency response to the issue of violenceagainst women. Moreover, the Special Cell links the policesystem with women’s organisations and other social servicegroups, thereby enhancing the quality of response tothe survivor’s needs . The Special Cell conducts trainingsessions for the police that help build capacities and developsensitivity of police personnel towards the realities of familyand domestic violence. This is expected to enhance policeresponsiveness to cases of violence and thereby improvewomen's and communities' trust in the system. By workingalongside Cell workers, the police are exposed to a womansensitive approach and techniques in dealing with domesticviolence .453.Approach and practice: The Special Cell’sinterventions draw from the framework of Social Workpractice and the pro-woman perspective. Indian societyremains largely patriarchal and it is the tendency of mento misuse their power that renders women vulnerable toviolence. Thus Special Cells recognise that the survivor is notresponsible for the violence inflicted on her. VAW cannot betreated as a personal matter between the victim and her family.It is a social issue that needs to be addressed in the publicdomain.Therefore, the Special Cell’s social worker is central to theintervention process. S/he is expected to intervene in the4514Ibid. 2, at p.4Ibid. 1, at p.17Paving New Pathways: Special Cell for Women and Children in Haryana (2008-2014)
Background and Contextinterests of the survivor, initiate and coordinate actions at thelevel of the individual and the system .Crucially, the socialworker must also leverage the survivor’s potential to empowerherself.64.Process of intervention: The process ofintervention emphasises problem-solving jointly by the socialworker and the woman. Thus, the woman determines the paceat which she wants to undertake the change process. Usually,it is the violated woman who initiates the problem-solvingprocess by approaching the Special Cell for help. The event(s)driving her to seek assistance could be related to any of thefollowing: mental, physical, sexual, emotional harassment ora combination of these. The Cell deals with each case by firstfocusing on immediate crisis intervention. Subsequently, if thewoman desires, the Special Cell’s interventions focus on herlong-term development .75.Legal aid and empowerment: The Special Cellenables women to access the legal recourses available tothem. By demystifying the legal process, Special Cell workersmake women aware of the
part of working with Haryana was that we were allowed to experiment with the Special Cell's model. We were welcomed by both the WCD and the Police with open arms, and were able to successfully demonstrate on ground the usefulness of the Special Cell Units to the Haryana government.
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