When Lakshmi, an attractive and chirpy 22-year-old BSc graduate, decided to tie the knot, she could have never dreamed that one day, she would have to turn to her wedding photograph to establish her identity and to get justice. Eight months into pregnancy, her husband allegedly set her on fire for not bringing enough dowry. Even her ``dying statement'' was concocted to show that she suffered from depression and had tried to commit suicide. The case was closed.But Lakshmi rose from the deathbed, reduced to a ghost of her former self. Her fingers have melted into each other, her teeth protrude out of lips that hang from a bit of skin and nothing much remains of her ears. But Lakshmi is carrying on, clutching her wedding photo to establish her identity, carrying her retarded daughter on her hips and making the rounds of the police and courts. Recently, she approached the Kerala Women's Commission (KWC), which is now re-investigating her case.
She is one among the many women in Kerala who are increasinglydoing so since the KWC started functioning two years ago. Even as the National Commission for Women (NCW) is looking into the recent rape of four nuns in Jhabua, Madhya Pradesh, the little-known KWC is doing commendable work in the state. It gets nearly 180 petitions daily -- by post or in person -- on crimes against women, including assault, rape, dowry deaths and molestation.
Though there are 11 other states which have such women's commissions -- besides the NCW in Delhi -- none matches the Kerala body's record. The NCW, which has been in operation for the past six years, has till now received just 2,000 petitions. The 11 other state commissions have managed to together register only 6,000 cases. In comparison, the KWC -- which was set up just two years ago -- has registered 15,800 cases as of today and the numbers keep growing by the day.
Of these 15,800 cases, almost 8,500 are in various stages of settlement while some others have already been settled, a commendable conviction rate.Explaining thesuccess of the KWC, its chairperson and well-known poetess and social reformer Sugatha Kumari says: ``We conducted meetings mainly among the village women, our mission being to create an awareness about the commission as well as to inform the women that there is somebody who they can approach when in trouble -- somebody willing to take up their cause. Of course, the fact that Kerala women are literate also helped.''
The state Government has contributed by making the KWC one of the most powerful women commissions in the country. It enjoys investigating and prosecution powers that no other women's commission has. As a result, the KWC has to wait for just 30 days for a particular prosecuting authority to give sanction. If this does not come, it is suo moto presumed that the sanction has been given and on the 31st day, the commission goes ahead with prosecution.
Besides, no court can give an injunction against any order issued by the KWC. The only option before a person who wants to appeal against its orderis to go to the Kerala High Court and evoke special powers. However, the HC rarely goes against the KWC. Say commission sources: ``Out of the 16 cases which have gone to the Kerala High Court, we have won 13.'' The judgements given by the KWC are, in that sense, equivalent to orders given by a judicial head of court.
Another difference between the KWC and its counterparts is that if a witness gives false evidence before it or if any of the commission's members are attacked or an attempt is made to influence them in the exercise of their duties, the accused can be sentenced. The first act can get a person seven years of imprisonment and the second, six months. In this sense, the KWC takes on the role of a criminal court.
Besides this, the commission can inspect police stations, prisons, lock-ups and women's hostels.
Its composition too makes a difference. The KWC can have maximum seven members -- including a chairperson -- of which one has to be a woman belonging to a scheduled caste or a scheduledtribe.
The chairperson has to be an ``eminent'' woman committed to the cause of women and having sufficient experience in dealing with their problems.The other members are to be persons of ``ability, integrity, intelligence and standing'', having adequate experience in dealing with women's problems.
Of the present members, almost all are either advocates or hold law degrees and a few are political leaders. Significantly, except the director, all are women.
``This is the first time that an organisation such as this has been created with powers to prosecute as well -- where a woman can contact its members directly and pour out her problems,'' says Chairperson Sugatha Kumari. ``For example, if a woman is being harassed for more dowry, she can come directly to us and avoid the embarrassment and humiliation of going to a police station or starting court proceedings, which not only involve money but take time as well.''
When a woman approaches the KWC for the first time regarding marriage problems, a caseis registered and both the parties are summoned for a hearing.
The commission first tries to settle the case amicably after informing the husband about the areas in which he can be punished. If they reach a settlement, says the Chairperson: ``He is warned that any further harassment or a second complaint from the woman would be dangerous for him, leading to the commission prosecuting him under the CrPC. The accused is also asked to sign an affidavit saying that he will not harass the woman in any way before he is let off.''
However, if the commission feels that the two parties have irreconcilable differences, it asks the man to give the woman maintenance and to return whatever monetary or other benefits he may have received from the woman.In case the man refuses to follow the orders, he is prosecuted. The courts follow the KWC's recommendations.
However, the commission feels it is not able to do enough due to infrastructural constraints.
``If we have to do justice to each of the 180 complaints that wereceive every day, we need massive infrastructure and funds to match,'' says Sugatha Kumari. ``The Kerala Government has allotted around Rs 36 lakh as funds...The NCW has earmarked Rs 80,000 to hold village adalats. Besides this, no other funding is available to the commission. We have few staff members, a small office and with this kind of overwhelming response, we fear that we may just crash one day.''
Meanwhile, the KWC is trying to make the best of what is available and has even started conducting DNA tests wherever necessary, though each leaves it poorer by Rs 30,000.
The sum, after all, is peanuts compared to the hopes resting on the commission in a state which has the highest suicide rate in the country and where 60 per cent of those who kill themselves are women. But for the KWC, one of these could have been Lakshmi.
Copyright © 1998 Indian Express Newspapers (Bombay) Ltd.