THERE has been a manifold increase in the number of reported cases of sexual assaults against girls and women with disabilities. Considered as soft targets, disabled girls and women are more vulnerable to sexual assaults. While specific provisions are contained in the Protection of Children from Sexual Offences Act as well as the amendments to the criminal laws post Verma Committee with regard to disabled girls and women, it is a matter of grave concern that provisions contained therein are not implemented at all or are not implemented in full. Backed by several case studies about the implementation of these laws with respect to girls and women with disabilities from several states, a delegation from the National Platform for the Rights of the Disabled, CREA and the Sruti Disability Rights Centre met the chairperson of the National Commission for Women, Lalitha Kumaramangalam on September 18, 2015. The delegation pointed out the provision that the statement of a disabled victim of sexual assault should be recorded at the residence of the victim or a place where she was comfortable was not followed in many cases. Though the amended law and POCSO lay down that sign language interpreter/special educator, as the case needs, should be provided, this is rarely done. They also impressed upon the NCW chair the necessity of making mandatory, training/sensitisation of police officers, judiciary and medical professionals on issues concerning persons with disabilities, particularly women with disabilities and the violence they face. Besides, there is a general lack of awareness and misconceptions surrounding sexuality and sexual abuse of women with disabilities. The delegation also stressed upon the need to have mechanisms to monitor institutions where disabled girls/women study or are lodged, one of the recommendations made by the Verma Committee. They also urged upon the Commission to intervene to see the National Crimes Records Bureau maintain statistics with regard to sexual attacks on disabled women, as a sub-category as in the case of dalits, minorities etc. In the hour long interaction, the NCW Chair gave a patient hearing and concurred with the concerns raised by the delegation. The Chair has promised to immediately look into a few cases in which lapses on the part of the investigating agencies were pointed out. She also promised to create a module for training on disability specific issues as part of its legal awareness programme. Kumaramangalam also assured of speedy action on the other issues raised by the delegation as also to make the NCW premises accessible to persons with disabilities. The delegation consisted of Rupsa Mallik (CREA), Shampa Sengupta (Sruti Disability Rights Centre, Kolkata), Muralidharan (National Platform for the Rights of the Disabled) and Sharmista Atreje and Rupmani Chettri (Delhi Viklang Adhikar Manch). The text of the memorandum given to the NCW is reproduced below. Background During the course of the last couple of years there has been an increase in the number of cases of sexual assault on girls and women with disabilities. It needs no reiteration that such cases are largely unreported. Girls and women with disabilities are more vulnerable, as they are considered soft targets. India ratified the United Nations Convention on Rights of Persons with Disabilities (UNCRPD). Apart from various other Articles, Article 6 of the Convention mandates that the country make specific provisions to end discrimination and violence faced by women with disabilities. The Verma Committee on the basis of the representations received from disability rights organisations had recommended several changes in criminal laws. Some of these were incorporated into law. Experience from the cases in which we have intervened shows there is much to be desired in its implementation. We have herewith annexed several case studies of violence against girls and women with disabilities that have occurred after these amendments were made. This would enable us to have a clear picture on the implementation of these laws and the intervention that would be required. (Annexure not published - Ed) LODGING OF FIRS As the Denkanikotta (Krishnagiri, Tamilnadu), case will show, the victim who was a deaf girl had to be carried by her father on his shoulders for kilometres together to reach the police station and lodge an FIR. The provision that her statement should be recorded at the residence of the victim or a place where she was comfortable with was not followed. We are here not going into how the police and administration connived with the rapists and their powerful collaborators to see that evidence is tampered with, problems with medical examination, pressure exercised on the family etc. In two separate cases from West Bengal, one under the Pandua Police Station & other under the Dankuni Police Station, the victims who had multiple disabilities had to visit the concerned police stations. In the latter case the police detained the victim at the Police station the whole night totally violating the provisions of POCSO and Criminal Law amendment Act. Even after FIRs were lodged, in both cases the threat of withdrawing the cases is constantly made. PROVISION OF SIGN LANGUAGE INTERPRETERS/SPECIAL EDUCATORS Though the amended law lays down that sign language interpreter/special educator, as the case needs, should be provided, this is rarely done. • In the Denkanikotta case, the police did not arrange for a sign language interpreter. It was the local organisation which took up the issue that arranged for one. • In the Jehangirpuri case, where a girl with intellectual disabilities was raped, the police had arranged for a sign language interpreter whereas what was needed was a special educator. • In the Mongolpuri case, where again a girl with intellectual disabilities was raped, no special educator was present while recording her statement before the Judicial Magistrate, though this is mandatory. • In both the cases from West Bengal, police either did not call any special educator or were not aware of what his/her role is. In the Pandua Police Station case, police turned sympathetic on seeing a bruised and raped young girl with multiple disabilities and offered money to the family to buy her chocolates. But were unaware of the rules framed under POCSO. Most of the police stations or districts do not maintain a list of educators/sign language interpreters available in their area whose services can be utilised. TRAINING OF POLICE/JUDICIARY & MEDICAL PROFESSIONALS Training/sensitisation of police officers, judiciary and medical professionals on issues concerning persons with disabilities, particularly women with disabilities and the violence they face should be made mandatory. As the cases cited here will show, either the police or judiciary is not aware of the amended clauses or are not following it wilfully. States like Delhi have standing orders that are to be followed while dealing with rape cases. But these do not address specific issues concerning disabled women. These Orders or SOPs must refer to the specific needs of women with disabilities, at each stage of the investigation and the role of the police during trial. MONITORING MECHANISMS The Verma Committee had also recommended creation of mechanisms to monitor institutions where disabled girls study or are lodged. The recently released report of the Human Rights Watch also underlines the need for putting in place such mechanisms. SEX EDUCATION The Verma Committee had recognized that sex education must also be provided to disabled children and young people by professionally trained teachers and care givers, to ensure their safety and holistic development. Such education can help in making intellectually disabled children and their wardens/caregivers aware of the issues and enable them to attempt to ward off or report such attacks. It needs to be emphasised that a majority of such abuses and attacks take place within homes and neighbourhoods. Besides, there is a general lack of awareness and misconceptions surrounding sexuality and sexual abuse on women with disabilities. COMPENSATION No specific norm is followed while awarding compensation. “Victim Compensation Fund” or schemes in many states offer a pittance to rape victims in general. Even in a major state like West Bengal the compensation designated for a non-minor rape victim is just Rs 20,000. While a majority of states offer compensation to rape victims, Odisha does not offer compensation to rape victims. It only offers compensation to those who have suffered “Loss or injury causing severe mental agony to women and child victims in case of human trafficking.” In the case of Goa, it is “In case of injury causing severe mental agony to women and child … (in cases of human trafficking, rape cases, acid cases). In union territories and Delhi the minimum compensation for rape is Rs 2 lakh and the maximum Rs 3 lakh. Discrepancy is not just in the matter of the designated amount. In cases which hog the media limelight, compensations are announced immediately and the amounts also tend to be higher and decided arbitrarily. • In the case of a mentally disabled woman who was subjected to gang rape and murdered in Rohtak, a compensation of Rs 5 lakh was paid by the Haryana government. • In the Jehangirpuri case, a compensation of Rs 50,000 was given. • In the Mongolpuri case, compensation is yet to be given • In the Denkanikotta case, compensation is yet to be announced. The High Court, on the intervention of the TARADAC, had ordered to pay a relief of Rs 20,000 to the father of the victim to meet medical expenses. • In both the cases from West Bengal, no compensation has been given by the state government till date. In the Pandua case, the girl died a few months after the incident. Though law and order is a state subject, mechanisms should be evolved wherein there is uniformity in the award of such compensations and it does not seem to be arbitrary or discretionary. COMPILATION OF DATA There are no consolidated figures with regard to violence against women with disabilities. But the magnitude and scale of the attacks can be gauged by the fact that in the years 2012-2014 alone there have been innumerable cases of sexual violence on women with disabilities reported in media from the state of West Bengal alone. We would therefore recommend that crimes against women with disabilities be also recorded as a sub-category by the National Crimes Records Bureau. COUNSELLING AND REHABILITATION Policy and legal measures to prevent and reduce violence against women with disabilities and shield them against such abuses by themselves are not enough. Necessary legal aid/help to bring the perpetrators of such crime to justice has to be provided. Victims of such crimes have to be provided with adequate and appropriate counselling facilities. In the case of a victim getting pregnant consequent to sexual abuse, appropriate counselling and options should be offered to the victims. Very few one stop crisis centres have been established. Rehabilitation of such victims is also paramount. Rehabilitation measures should equip the victims with knowledge and skills to be able to engage in productive livelihood. We urge upon the Commission to look into these aspects and intervene to not only ensure that the laws and implemented in full but also address the other concerns raised herein.