Social exclusion is a form of discrimination. It is when people are wholly or partially excluded ... more Social exclusion is a form of discrimination. It is when people are wholly or partially excluded from participating in the economic, social and political life of their community, based on their affinity to a certain social class, category or group. In India, social exclusion occurs on the basis of identities including caste, ethnicity, religion, gender and disability. It can mean the complete denial of access to social services or it can take the form of selective inclusion, where socially excluded groups receive differential treatment, such as being required to pay different prices for goods and services.
Social exclusion is a form of discrimination. It is when people are wholly or partially excluded ... more Social exclusion is a form of discrimination. It is when people are wholly or partially excluded from participating in the economic, social and political life of their community, based on their affinity to a certain social class, category or group. In India, social exclusion occurs on the basis of identities including caste, ethnicity, religion, gender and disability. It can mean the complete denial of access to social services or it can take the form of selective inclusion, where socially excluded groups receive differential treatment, such as being required to pay different prices for goods and services.
Despite constituting a hefty workforce, domestic workers remain absent from legal landscape. The ... more Despite constituting a hefty workforce, domestic workers remain absent from legal landscape. The critical nature of work, employer-employee relationship and intimidating environment of work constitute some of the key factors denying them the statutory benefits. In absence of statutory safeguards workers remain vulnerable and exploited at the employers. The labour laws fail to imbibe them as "worker" under employment related laws. Though the policies are in the offing to improve the conditions of the workers, they fall short of conferring claimable interest upon domestic workers. Until an obligatory mechanism is put in place it will not deter the oppressive system from exploiting them. The paper unravels the discriminatory and vulnerable condition of domestic workers as illustrated by a survey conducted by Janwadi Mahila Samiti (JMS), one of the largest women"s organisation across the country It elaborates the initiatives taken by them to put pressure on government apparatus to bring the domestic workers under the umbrella of labour laws demanding Accidental benefits, Educational assistance for their children, Medical expenses for domestic workers and their dependents and Maternity benefit.There is a need to make paradigm shift in legal approach from welfare-based to right-based in order to ensure adequate protection to a large constituents of the workforce who are making significant contribution in economic growth of the country.
The Vishakha judgment later metamorphosed into a comprehensive gender specific law Sexual Harassm... more The Vishakha judgment later metamorphosed into a comprehensive gender specific law Sexual Harassment at Workplace, (Prevention, Prohibition and Redressal) 2013 (POSH Act) is a milestone in acknowledging and addressing the issue which for long was treated and tolerated as a normal activity, but had been highly demeaning to dignity of the women and a major obstruction in their professional growth. It brought under its purview everything demeaning and offensive to a woman from staring to stalking and obscene comments as well as any other misconduct – intentional or unintentional which amounted to discrimination and undermined a woman's right to equality. Under the POSH Act 2013, the provision of constituting an Internal Complaints Committee (ICC) is mandatory and binding for all the organizations, both government and private, having 10 or more employees. The prerequisite in the law state clearly the importance an external expert shall hold in the committee. The paper articulates di...
Protection of Women Against Violence: A Comparative Analysis of Law based on Perceptions, Implica... more Protection of Women Against Violence: A Comparative Analysis of Law based on Perceptions, Implications and the Ground Reality Abstract: The present analysis is on The Protection of Women from Domestic Violence Act, 2005. This Act being one of the most spearheading tool and also in sharp contradictions to the stereotypes of patriarchal society like ours which accords women a subordinate status and denying her the rights even on her own self. The paper has concretely dealt with the problem of domestic violence taking into consideration all the related clause mentioned and making a comparative analysis of the same with the ground reality. The present paper finds it relevance in dealing with the issues faced by the victim under Domestic Violence Act and also strategies to mitigate the suffering of women The paper attempts to analyse the perception of violence as held by stake holders coming from stereotype set up its legal definition of it. It shares experiences as came across during Doctoral fieldwork across the localities of Lucknow. It not only evaluates the sensitivity and understanding of the stake holders but also tries to find out the level of consciousness, awareness and assertiveness among the women in this context. The practical implications of law are the ones which actually make a difference, taking this as the prime consideration, some cases have been taken up and explored to make out the versatility of the law. The redressal mechanism in any law is the most important aspect, the paper tries to look into its efficiency and also to surface the anomalies in its effective implementation. It also questions issues like gender sensitivity, efficacy of stake holders, dilemma of victim to seek help despite sufferings.
The available data show that violence against women is exponentially rising across the world sinc... more The available data show that violence against women is exponentially rising across the world since the lockdown has been imposed. Several countries have devised strategies to combat this parallel pandemic. India too is grappling with the exorbitant rise in cases of domestic violence. The paper intends to identify link between the pandemic and the soaring cases. It also tries to find out the potential reasons in the increase. Since the apex body to shelter and advocate rights of women reported steep rise in the incidences of violence based on the complaints received, it becomes a matter of concern to analyse and evaluate the underlying reasons. The present study also tries to derive the repercussions of the lockdown and the initiative taken to address the same. The initiatives are also analysed for their effectiveness and efficiency of the government apparatus in resolving the problem. Through this paper we will analyse the redressal mechanism devised to ease out the sufferings and miseries women are subjected in light of the ground reality.
Tradition has been a common and widely used theorettical term in the social sciences. During the ... more Tradition has been a common and widely used theorettical term in the social sciences. During the past 20 years the term has attracted renewed interest, especially from anthropologists, ethnologists and historians. The title begins with the word 'traditional' and moves towards the idea of change. The present paper is based on my fieldwork in an urban slum of Lucknow focussing the changes that have crept into or have been adopted by women in these localities. The study examines and reflects the agents of change-migration, sanskritization, urbanisation and modern means of communication that are evidently visible in traditional values and life style of the women living in this slum. The importance of Hindu tradition is deeply rooted in India's caste system which plays a key role in organising society. The caste system though has not been eliminated as a whole but has been reduced in its role on the parameters of occupation and notions of purity and pollution. The fieldwork clearly shows how market forces are aggressively working even in these slums and among the not so educated women. Traditions like 'annaprasan' and in matrimonial ceremonies are either not at all practiced or have lost their essence in migrating from rural to urban areas , while festivals like 'karwa chauth' and ' navratri puja' which were never a part of their culture are increasingly gaining importance. The women in these areas have almost shed the practice of 'purdah pratha'. A radical change has appeared in food habits and clothing. An increasing craze of going to beauty parlours is quite noticeable. Though the impact of modern means of communication, globalisation and commercialisation have been rampant but these have also showed a positive influence by spreading awareness about family planning, health and hygiene and educating their kids to some extent.
The Vishakha judgment later metamorphosed into a comprehensive gender specific law-Sexual Harassm... more The Vishakha judgment later metamorphosed into a comprehensive gender specific law-Sexual Harassment at Workplace, (Prevention, Prohibition and Redressal) 2013 (POSH Act) is a milestone in acknowledging and addressing the issue which for long was treated and tolerated as a normal activity, but had been highly demeaning to dignity of the women and a major obstruction in their professional growth. It brought under its purview everything demeaning and offensive to a woman from staring to stalking and obscene comments as well as any other misconduct-intentional or unintentional-which amounted to discrimination and undermined a woman's right to equality. Under the POSH Act 2013, the provision of constituting an Internal Complaints Committee (ICC) is mandatory and binding for all the organizations, both government and private, having 10 or more employees. The prerequisite in the law state clearly the importance an external expert shall hold in the committee. The paper articulates different dimensions and parameters of the law based on expert"s experiences. It analysed the functioning and perspective of the external experts about the Act. The challenges, hurdles and drawbacks needed to be addressed to fulfil the vision of the law have also been analysed. Ten NGO members were extensively interviewed on the key issues like Constitution of the ICC, profile of chairperson, key priorities of the committee, frequency of meetings, and submission of annual reports. The sensitivity of ICC members and external experts, reasons accounted for such incidences, reporting of such cases, and extent of toleration, trivializing harassment, diluting/escaping punishment and support system for the victim.
A healthy society is a balanced society providing equality to all in all aspects of life and exis... more A healthy society is a balanced society providing equality to all in all aspects of life and existence. Indian society on the contrary, since time immemorial has accorded women a subordinate status. Any hierarchical social system has an in-built gradation of domination and subordination, as well as institutionalized violence and victimization. This is perpetuated by various means-subtle pressure through the power of ideology, the mechanism of internalized social norms, and the system of social sanctions which penalizes non-compliance. By and large institutions and traditions have been used as handy tools to victimize women. The reason of such gross discrimination is embedded in dichotomous patriarchal view of women. To check such gender discrimination, numbers of laws are enacted to meet the gap due to strong patriarchal mentality and unfavorable social environment. The present paper analyses the legal tools namely Prohibition of Domestic violence Act 2005 in urban areas. The paper accounts and evaluates the role of legislation concerning women and its impact on women's world. The Protection of Women from Domestic Violence Act, 2005 seems to be radical in Indian context as it not only categorises harms or injuries or danger to health, safety, life, limb or well-being, whether mental or physical, of the aggrieved person including causing physical abuse, sexual abuse, verbal and emotional abuse and economic abuse; prohibition or restriction to continued access to resources or facilities which the aggrieved person is entitled to use or enjoy by virtue of the domestic relationship including access to the shared household as domestic violence which go unnoticeable in Indian social setup but also ensures protection monetary, compensatory, custody and residence orders. While law conceives abuse and includes any sort of physical aggression or misbehaves as violence on the contrary Indian patriarchal set up considers women as slaves. Attempts are made to present a composite picture of media in implementation and execution of the laws. Though even the new and supposedly progressive legal enactments display an in-built patriarchal and sometimes openly anti-women bias, but it may certainly considered a step in the right direction which gives hope for a society based on equality and humanity.
Despite constituting a hefty workforce, domestic workers remain absent from legal landscape. The ... more Despite constituting a hefty workforce, domestic workers remain absent from legal landscape. The critical nature of work, employer-employee relationship and intimidating environment of work constitute some of the key factors denying them the statutory benefits. In absence of statutory safeguards workers remain vulnerable and exploited at the employers. The labour laws fail to imbibe them as "worker" under employment related laws. Though the policies are in the offing to improve the conditions of the workers, they fall short of conferring claimable interest upon domestic workers. Until an obligatory mechanism is put in place it will not deter the oppressive system from exploiting them. The paper unravels the discriminatory and vulnerable condition of domestic workers as illustrated by a survey conducted by Janwadi Mahila Samiti (JMS), one of the largest women"s organisation across the country It elaborates the initiatives taken by them to put pressure on government apparatus to bring the domestic workers under the umbrella of labour laws demanding Accidental benefits, Educational assistance for their children, Medical expenses for domestic workers and their dependents and Maternity benefit.There is a need to make paradigm shift in legal approach from welfare-based to right-based in order to ensure adequate protection to a large constituents of the workforce who are making significant contribution in economic growth of the country.
Social exclusion is a form of discrimination. It is when people are wholly or partially excluded ... more Social exclusion is a form of discrimination. It is when people are wholly or partially excluded from participating in the economic, social and political life of their community, based on their affinity to a certain social class, category or group. In India, social exclusion occurs on the basis of identities including caste, ethnicity, religion, gender and disability. It can mean the complete denial of access to social services or it can take the form of selective inclusion, where socially excluded groups receive differential treatment, such as being required to pay different prices for goods and services.
Social exclusion is a form of discrimination. It is when people are wholly or partially excluded ... more Social exclusion is a form of discrimination. It is when people are wholly or partially excluded from participating in the economic, social and political life of their community, based on their affinity to a certain social class, category or group. In India, social exclusion occurs on the basis of identities including caste, ethnicity, religion, gender and disability. It can mean the complete denial of access to social services or it can take the form of selective inclusion, where socially excluded groups receive differential treatment, such as being required to pay different prices for goods and services.
Despite constituting a hefty workforce, domestic workers remain absent from legal landscape. The ... more Despite constituting a hefty workforce, domestic workers remain absent from legal landscape. The critical nature of work, employer-employee relationship and intimidating environment of work constitute some of the key factors denying them the statutory benefits. In absence of statutory safeguards workers remain vulnerable and exploited at the employers. The labour laws fail to imbibe them as "worker" under employment related laws. Though the policies are in the offing to improve the conditions of the workers, they fall short of conferring claimable interest upon domestic workers. Until an obligatory mechanism is put in place it will not deter the oppressive system from exploiting them. The paper unravels the discriminatory and vulnerable condition of domestic workers as illustrated by a survey conducted by Janwadi Mahila Samiti (JMS), one of the largest women"s organisation across the country It elaborates the initiatives taken by them to put pressure on government apparatus to bring the domestic workers under the umbrella of labour laws demanding Accidental benefits, Educational assistance for their children, Medical expenses for domestic workers and their dependents and Maternity benefit.There is a need to make paradigm shift in legal approach from welfare-based to right-based in order to ensure adequate protection to a large constituents of the workforce who are making significant contribution in economic growth of the country.
The Vishakha judgment later metamorphosed into a comprehensive gender specific law Sexual Harassm... more The Vishakha judgment later metamorphosed into a comprehensive gender specific law Sexual Harassment at Workplace, (Prevention, Prohibition and Redressal) 2013 (POSH Act) is a milestone in acknowledging and addressing the issue which for long was treated and tolerated as a normal activity, but had been highly demeaning to dignity of the women and a major obstruction in their professional growth. It brought under its purview everything demeaning and offensive to a woman from staring to stalking and obscene comments as well as any other misconduct – intentional or unintentional which amounted to discrimination and undermined a woman's right to equality. Under the POSH Act 2013, the provision of constituting an Internal Complaints Committee (ICC) is mandatory and binding for all the organizations, both government and private, having 10 or more employees. The prerequisite in the law state clearly the importance an external expert shall hold in the committee. The paper articulates di...
Protection of Women Against Violence: A Comparative Analysis of Law based on Perceptions, Implica... more Protection of Women Against Violence: A Comparative Analysis of Law based on Perceptions, Implications and the Ground Reality Abstract: The present analysis is on The Protection of Women from Domestic Violence Act, 2005. This Act being one of the most spearheading tool and also in sharp contradictions to the stereotypes of patriarchal society like ours which accords women a subordinate status and denying her the rights even on her own self. The paper has concretely dealt with the problem of domestic violence taking into consideration all the related clause mentioned and making a comparative analysis of the same with the ground reality. The present paper finds it relevance in dealing with the issues faced by the victim under Domestic Violence Act and also strategies to mitigate the suffering of women The paper attempts to analyse the perception of violence as held by stake holders coming from stereotype set up its legal definition of it. It shares experiences as came across during Doctoral fieldwork across the localities of Lucknow. It not only evaluates the sensitivity and understanding of the stake holders but also tries to find out the level of consciousness, awareness and assertiveness among the women in this context. The practical implications of law are the ones which actually make a difference, taking this as the prime consideration, some cases have been taken up and explored to make out the versatility of the law. The redressal mechanism in any law is the most important aspect, the paper tries to look into its efficiency and also to surface the anomalies in its effective implementation. It also questions issues like gender sensitivity, efficacy of stake holders, dilemma of victim to seek help despite sufferings.
The available data show that violence against women is exponentially rising across the world sinc... more The available data show that violence against women is exponentially rising across the world since the lockdown has been imposed. Several countries have devised strategies to combat this parallel pandemic. India too is grappling with the exorbitant rise in cases of domestic violence. The paper intends to identify link between the pandemic and the soaring cases. It also tries to find out the potential reasons in the increase. Since the apex body to shelter and advocate rights of women reported steep rise in the incidences of violence based on the complaints received, it becomes a matter of concern to analyse and evaluate the underlying reasons. The present study also tries to derive the repercussions of the lockdown and the initiative taken to address the same. The initiatives are also analysed for their effectiveness and efficiency of the government apparatus in resolving the problem. Through this paper we will analyse the redressal mechanism devised to ease out the sufferings and miseries women are subjected in light of the ground reality.
Tradition has been a common and widely used theorettical term in the social sciences. During the ... more Tradition has been a common and widely used theorettical term in the social sciences. During the past 20 years the term has attracted renewed interest, especially from anthropologists, ethnologists and historians. The title begins with the word 'traditional' and moves towards the idea of change. The present paper is based on my fieldwork in an urban slum of Lucknow focussing the changes that have crept into or have been adopted by women in these localities. The study examines and reflects the agents of change-migration, sanskritization, urbanisation and modern means of communication that are evidently visible in traditional values and life style of the women living in this slum. The importance of Hindu tradition is deeply rooted in India's caste system which plays a key role in organising society. The caste system though has not been eliminated as a whole but has been reduced in its role on the parameters of occupation and notions of purity and pollution. The fieldwork clearly shows how market forces are aggressively working even in these slums and among the not so educated women. Traditions like 'annaprasan' and in matrimonial ceremonies are either not at all practiced or have lost their essence in migrating from rural to urban areas , while festivals like 'karwa chauth' and ' navratri puja' which were never a part of their culture are increasingly gaining importance. The women in these areas have almost shed the practice of 'purdah pratha'. A radical change has appeared in food habits and clothing. An increasing craze of going to beauty parlours is quite noticeable. Though the impact of modern means of communication, globalisation and commercialisation have been rampant but these have also showed a positive influence by spreading awareness about family planning, health and hygiene and educating their kids to some extent.
The Vishakha judgment later metamorphosed into a comprehensive gender specific law-Sexual Harassm... more The Vishakha judgment later metamorphosed into a comprehensive gender specific law-Sexual Harassment at Workplace, (Prevention, Prohibition and Redressal) 2013 (POSH Act) is a milestone in acknowledging and addressing the issue which for long was treated and tolerated as a normal activity, but had been highly demeaning to dignity of the women and a major obstruction in their professional growth. It brought under its purview everything demeaning and offensive to a woman from staring to stalking and obscene comments as well as any other misconduct-intentional or unintentional-which amounted to discrimination and undermined a woman's right to equality. Under the POSH Act 2013, the provision of constituting an Internal Complaints Committee (ICC) is mandatory and binding for all the organizations, both government and private, having 10 or more employees. The prerequisite in the law state clearly the importance an external expert shall hold in the committee. The paper articulates different dimensions and parameters of the law based on expert"s experiences. It analysed the functioning and perspective of the external experts about the Act. The challenges, hurdles and drawbacks needed to be addressed to fulfil the vision of the law have also been analysed. Ten NGO members were extensively interviewed on the key issues like Constitution of the ICC, profile of chairperson, key priorities of the committee, frequency of meetings, and submission of annual reports. The sensitivity of ICC members and external experts, reasons accounted for such incidences, reporting of such cases, and extent of toleration, trivializing harassment, diluting/escaping punishment and support system for the victim.
A healthy society is a balanced society providing equality to all in all aspects of life and exis... more A healthy society is a balanced society providing equality to all in all aspects of life and existence. Indian society on the contrary, since time immemorial has accorded women a subordinate status. Any hierarchical social system has an in-built gradation of domination and subordination, as well as institutionalized violence and victimization. This is perpetuated by various means-subtle pressure through the power of ideology, the mechanism of internalized social norms, and the system of social sanctions which penalizes non-compliance. By and large institutions and traditions have been used as handy tools to victimize women. The reason of such gross discrimination is embedded in dichotomous patriarchal view of women. To check such gender discrimination, numbers of laws are enacted to meet the gap due to strong patriarchal mentality and unfavorable social environment. The present paper analyses the legal tools namely Prohibition of Domestic violence Act 2005 in urban areas. The paper accounts and evaluates the role of legislation concerning women and its impact on women's world. The Protection of Women from Domestic Violence Act, 2005 seems to be radical in Indian context as it not only categorises harms or injuries or danger to health, safety, life, limb or well-being, whether mental or physical, of the aggrieved person including causing physical abuse, sexual abuse, verbal and emotional abuse and economic abuse; prohibition or restriction to continued access to resources or facilities which the aggrieved person is entitled to use or enjoy by virtue of the domestic relationship including access to the shared household as domestic violence which go unnoticeable in Indian social setup but also ensures protection monetary, compensatory, custody and residence orders. While law conceives abuse and includes any sort of physical aggression or misbehaves as violence on the contrary Indian patriarchal set up considers women as slaves. Attempts are made to present a composite picture of media in implementation and execution of the laws. Though even the new and supposedly progressive legal enactments display an in-built patriarchal and sometimes openly anti-women bias, but it may certainly considered a step in the right direction which gives hope for a society based on equality and humanity.
Despite constituting a hefty workforce, domestic workers remain absent from legal landscape. The ... more Despite constituting a hefty workforce, domestic workers remain absent from legal landscape. The critical nature of work, employer-employee relationship and intimidating environment of work constitute some of the key factors denying them the statutory benefits. In absence of statutory safeguards workers remain vulnerable and exploited at the employers. The labour laws fail to imbibe them as "worker" under employment related laws. Though the policies are in the offing to improve the conditions of the workers, they fall short of conferring claimable interest upon domestic workers. Until an obligatory mechanism is put in place it will not deter the oppressive system from exploiting them. The paper unravels the discriminatory and vulnerable condition of domestic workers as illustrated by a survey conducted by Janwadi Mahila Samiti (JMS), one of the largest women"s organisation across the country It elaborates the initiatives taken by them to put pressure on government apparatus to bring the domestic workers under the umbrella of labour laws demanding Accidental benefits, Educational assistance for their children, Medical expenses for domestic workers and their dependents and Maternity benefit.There is a need to make paradigm shift in legal approach from welfare-based to right-based in order to ensure adequate protection to a large constituents of the workforce who are making significant contribution in economic growth of the country.
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Papers by Saumyata Pandey
Abstract:
The present analysis is on The Protection of Women from Domestic Violence Act, 2005. This Act being one of the most spearheading tool and also in sharp contradictions to the stereotypes of patriarchal society like ours which accords women a subordinate status and denying her the rights even on her own self. The paper has concretely dealt with the problem of domestic violence taking into consideration all the related clause mentioned and making a comparative analysis of the same with the ground reality. The present paper finds it relevance in dealing with the issues faced by the victim under Domestic Violence Act and also strategies to mitigate the suffering of women The paper attempts to analyse the perception of violence as held by stake holders coming from stereotype set up its legal definition of it. It shares experiences as came across during Doctoral fieldwork across the localities of Lucknow. It not only evaluates the sensitivity and understanding of the stake holders but also tries to find out the level of consciousness, awareness and assertiveness among the women in this context. The practical implications of law are the ones which actually make a difference, taking this as the prime consideration, some cases have been taken up and explored to make out the versatility of the law. The redressal mechanism in any law is the most important aspect, the paper tries to look into its efficiency and also to surface the anomalies in its effective implementation. It also questions issues like gender sensitivity, efficacy of stake holders, dilemma of victim to seek help despite sufferings.
Abstract:
The present analysis is on The Protection of Women from Domestic Violence Act, 2005. This Act being one of the most spearheading tool and also in sharp contradictions to the stereotypes of patriarchal society like ours which accords women a subordinate status and denying her the rights even on her own self. The paper has concretely dealt with the problem of domestic violence taking into consideration all the related clause mentioned and making a comparative analysis of the same with the ground reality. The present paper finds it relevance in dealing with the issues faced by the victim under Domestic Violence Act and also strategies to mitigate the suffering of women The paper attempts to analyse the perception of violence as held by stake holders coming from stereotype set up its legal definition of it. It shares experiences as came across during Doctoral fieldwork across the localities of Lucknow. It not only evaluates the sensitivity and understanding of the stake holders but also tries to find out the level of consciousness, awareness and assertiveness among the women in this context. The practical implications of law are the ones which actually make a difference, taking this as the prime consideration, some cases have been taken up and explored to make out the versatility of the law. The redressal mechanism in any law is the most important aspect, the paper tries to look into its efficiency and also to surface the anomalies in its effective implementation. It also questions issues like gender sensitivity, efficacy of stake holders, dilemma of victim to seek help despite sufferings.