Chapter 7 Crime Against Women Report 3 2016 Uttar Pradesh
Chapter 7 Crime Against Women Report 3 2016 Uttar Pradesh
Crime against women includes any act of gender-based violence that results
in, or is likely to result in, physical, sexual or psychological harm or suffering
to women, including threats of such acts, coercion or arbitrary deprivation of
liberty, whether occurring in public or private life. The Constitution of India
recognized equality rights of women in Articles 14, 15 and 16. Article 15 (3)
allowed the State for making special provisions for women and children to
prohibit discrimination on grounds of religion, race, caste, sex or place of
birth. Despite the constitutional provisions and different gender specific laws
in place, the problem of violence and crime against women has acquired
phenomenal proportion.
Audit analysed various crime data in respect of the State and financial and
other support schemes implemented by the State Government for providing
help, compensation, protection and rehabilitation of victims, and our findings
are discussed below:
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Audit findings
7.1 Incidence of crimes against women
It would be seen from Table 7.1 that there has been 61 per cent increase in
incidence of crime against women between 2010-11 and 2014-15. The
increase in crime has been very steep during 2013-14 when the number of
such incidence shot up from 24,652 in 2012-13 to 31,810 in 2013-14. The
incidence of crime against women has not declined in 2014-15.
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The major crimes against women were rape; homicide for dowry, dowry
deaths or their attempts; torture- both mental and physical; assault on women
with intent to outrage her modesty; kidnapping and abduction; and cases under
Dowry Prohibition Act where maximum number of cases were reported and
there has been significant increase during 2010-15 in the State. The status of
crimes against women under these categories is discussed in the subsequent
paragraph.
Others
19.14 29.45
Age-wise analysis of major crimes against women in the State is given in the
Appendix 7.1 to 7.3.
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We in audit observed that:
● Legally, rape has been defined in different sub-sections of section 375
and punishments are provisioned in sections 376 (1) and (2), 376 A, 376 B,
376 C, 376 D and 376 E of the Indian Penal Code (IPC). The number of rape
cases increased (43 per cent) suddenly during 2013-14 and 2014-15 over the
previous year. The most alarming fact is that the largest number (59 per cent)
of victims of rape were minor girls (Appendix 7.1). Increase in the number of
rape cases during last two years has been very significant (44 per cent in age
group upto 10 years, 57 per cent in the age group 11 to 18 years, 27 per cent in
the age group above 18 years). Districts with highest number of reported cases
of rape during 2010-15 were Aligarh (392), Moradabad (377), Allahabad
(348), Meerut (346) and Agra and Lucknow (328 each).
● There was 11 per cent increase in cases of homicide for dowry, dowry
deaths or their attempts during last five years. Also, the number of reported
cases under Dowry Prohibition Act, 1961 increased from 940 in 2010-11 to
1,100 in 2014-15 (17 per cent).
● The cases of assault on women with intent to outrage her modesty have
increased from 2989 in 2010-11 to 7972 in 2014-15. Maximum number
(55 per cent) of victims for the said crime were minor girls (Appendix 7.2). In
the year 2013-14 there was an increase of 73 per cent in the cases of assault on
women. Districts with highest number of reported cases of assault on women
with intent to outrage her modesty during 2010-15 were Lucknow (1205),
Meerut (1125), Aligarh (1067), Agra (979) and Allahabad (767) in the State.
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7.3 Human trafficking and missing persons
The National Human Rights Commission, action research 2004, brought out
the linkages of human
Chart 7.2: Missing girls/women trafficking and missing
persons. The missing
4000
children could be victims
3500 3143 3379 of rape, sexual abuse, child
3000 pornography etc. The
2771
2500
3000 Ministry of Home Affairs
(MHA) issued an advisory
in numbers
2285 1929
2000 1569 1615 1650
on missing children to
1183
1500 expedite the investigation
1000 1277 1379 1307 and to ensure prosecution
500 978 975 of offenders.
124 154 149 143
146
0
2010-11 2011-12 2012-13 The State Legal Services
2013-14 2014-15
Age group upto 10 years Age group 11-18 years Authorities were directed
Age group above 18 years Total to earmark responsible and
competent NGOs as nodal
(Source: Home (Police) Department)
NGOs in the state for
assisting the law
enforcement agencies and work for a network of NGOs for the purpose of
tracing and reintegrating missing children with their family.
It was evident that there was an overall increase of 21 per cent in the number
of missing girls/women in the State during 2010-15 (Appendix 7.4).
Department did not provide details of traced girls and action taken against the
culprits, though called for (April 2015) by Audit. Moreover, the department
did not furnish their reply regarding help of civil society (NGOs, concerned
citizens etc.) in tracing and reintegrating the missing children with their
families.
Thus, there has been increase in incidence of crime against women between
2010-11 and 2014-15 in the State with significant increase in major crimes
such as Rape, homicide for dowry, dowry deaths or their attempts, torture-
both mental and physical, assault on women with intent to outrage her
modesty, kidnapping and abduction and cases under Dowry Prohibition Act.
In order to effectively control crime especially against women and to perform
various law and order related functions viz. prevention and detection of crime,
security and safety of public etc., adequacy of police manpower including
women police becomes essential. The status of availability of police
manpower including women police personnel in the State has been discussed
in the succeeding paragraphs.
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7.4 Police manpower
To protect 19.98 crore population of the State (census 2011), 162783 police
personnel were deployed in the State. This implied that only 81 police
personnel per one lakh population were available in the State to enforce law
and order and deal with all types of crime including crime against women. As
per the Lok Sabha unstarred question answered by the Hon’ble Minister of
Home Affairs, GoI on 22 July 2014, against the sanctioned strength of 178.48
police personnel per one lakh population in the State of Uttar Pradesh, actual
strength was only 81.01 police personnel per one lakh population. This
indicated huge shortage of police manpower in the State even against the
sanctioned strength. The deployment of police manpower in the State was
much below the national average of 136.42 police personnel per one lakh
population and the United Nations norm of 222 police personnel per one lakh
population.
Since Uttar Pradesh tops the list of the States having highest number of violent
crimes accounting for 12.7 per cent of the total number of violent crimes in
the country and also has maximum incidence of crime against women,
shortage of about 55 per cent of the police manpower, if not immediately
addressed, may further worsen the crime scenario in the State. No effective
steps seem to have been taken to address the situation as is evident from
the increasing rate of crime against women as discussed in paragraph 7.1 and
7.2 above.
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Recommendation: Government may ensure adequate police manpower to
effectively control the increasing incidence of crime including crime against
women in the State.
Recommendation: Given the large number of crimes against minor girls and
women, GoUP may consider implementing MHA recommendations regarding
employment of women police personnel.
Crime and Criminal Tracking Network and Systems (CCTNS) Project was
envisaged by Ministry of Home Affairs, GoI to modernise police force for
enhancing outcomes in the areas of crime investigation and criminals’
detection, information gathering and its dissemination among various police
organisations and units across the country through creation of a nationwide
network under the National e-Governance Plan (NeGP). The State
Government in 2009 decided to implement the CCTNS project to modernise
1
Audit evidence provided by Guria (an NGO situated at Varanasi and working for welfare and empowerment of
women)
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its police force. CCTNS Core Application Software (CAS) functionalities
included four basic modules for Registration, Investigation, Prosecution, and
Search and Reporting and a portal for providing Citizen interface. CCTNS
aims at creating a comprehensive and integrated system for enhancing the
efficiency and effectiveness of policing at all levels especially at the Police
Station level through creation of a nationwide networked infrastructure for
evolution of state-of-art tracking system.
Financial assistance cannot compensate for the agony and mental stress a
woman suffers due to heinous crimes such as rape, acid attack etc.
Compensation schemes were formulated by GoI and GoUP from time to time
to assist the victims in overcoming the trauma and provide support to lead a
dignified and meaningful life. The implementation status of two such schemes
viz. ‘Financial Assistance and Support Services to the Victims of Rape: A
Scheme for Restorative Justice’ of GoI and ‘The Uttar Pradesh Victim
Compensation Scheme’ of GoUP is discussed in succeeding paragraphs.
Under the direction2 of the Hon’ble Supreme Court, a scheme for restorative
justice was formulated by GoI as ‘Financial Assistance and Support Services
to Victims of Rape: A Scheme for Restorative Justice’. Under the scheme,
Criminal Injuries Relief & Rehabilitation Boards at districts and state level
were to be set up. The Scheme envisages total cash assistance of ` 1.50 lakh as
well as restorative support services such as counselling, shelter, medical and
legal aid upto ` 0.50 lakh.
2
Writ petition (criminal) number 362/93 (Delhi Domestic Working Women’s Forum versus Union of India and others).
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Scrutiny revealed that for implementation of the scheme in the State, an
amount of ` 15.03 crore3 was tentatively allocated by GoI for two years only
(2010-12) during 2010-15, with the condition that actual releases were to be
made on the basis of projected requirement and availability of overall funds.
Audit observed that this allocation was not utilized by the department though
3544 rape cases were reported in the State during 2010-12.
The Uttar Pradesh Victim Compensation Scheme, 2014 was introduced (April
2014) for the purpose of providing compensation to victims or their
dependents who have suffered loss or injury as a result of crime and require
rehabilitation. The State was to allocate separate budget every year for the
scheme to be operated by the Secretary, State Legal Services Authority
(SLSA). The District Legal Services Authority was to decide the quantum of
compensation4 to be awarded to the victim or dependents on the basis of loss
suffered by the victim.
Scrutiny revealed that an amount of ` two crore was sanctioned (March 2015)
by GoUP for the year 2014-15 but was placed at the disposal of Director
General of Police (DGP) and not transferred to SLSA as of June 2015. As a
result, no compensation could be paid under the Scheme to the victims and
their dependents during 2014-15. SLSA in January 2016 replied that the fund
allocation of ` two crore was received by them in October 2015 and a total
compensation of ` 3.49 lakh had since been paid to two victims. The
information provided by SLSA disclosed that out of the total 18 cases for
sanction of compensation, only two cases were awarded compensation. In
remaining 16 cases no compensation was awarded till December 2015 and the
delay in these cases ranged between four and 20 months, basically for want of
recommendations of DLSAs.
7.8 Trafficking
The Immoral Traffic (Prevention) Act, 1956 (ITP Act) was enacted for
prevention of immoral trafficking. The South Asian Association for Regional
Cooperation (SAARC) Convention on Preventing and Combating Trafficking
in Women and Children for Prostitution defined trafficking as the moving,
selling or buying of women and children for prostitution within and outside
3
2010-11: ` 2.20 crore and 2011-12: ` 12.83 crore.
4
Rape: ` two lakh; loss or injury: ` One Lakh; victim of corrosive substance i.e. acid attack: ` three lakh; death
(non-earning member): ` 1.5 lakh; death (earning member): ` two lakh; and victim of human trafficking: ` two lakh.
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country for monetary or other considerations with or without the consent of
the person subjected to trafficking.
5
2010-11: 0, 2011-12: 14, 2012-13: 78, 2013-14: 11 and 2014-15: 51 cases.
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of sex workers. Scrutiny revealed that no action plan was prepared by the
department to extend such facilities to the children of sex workers to ensure
that they get adequate opportunities for a potentially bright future and get
reintegrated with the society and do not join the sex trade.
The target groups or main beneficiaries of this scheme are women and child
victims who have been trafficked for commercial sexual exploitation as well
as those women and children who are vulnerable to becoming victims of this
crime. These vulnerable sections include slum dwellers, children of sex
workers, refugees, homeless victims of natural disasters, etc.
Implementation
7.9.1 Non-functioning of Ujjawala projects
As per information provided by the Directorate, Women Welfare, only 13
Ujjawala projects were implemented in the State during 2010-11 to 2014-15.
Details of the projects are given in Appendix 7.7. The scheme had five main
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components, i.e., prevention, rescue, rehabilitation, re-integration and
repatriation. Scrutiny however, revealed that only one (Barabanki district) out
of these 13 Ujjawala projects sanctioned was covering all the five components
of the scheme.
Audit further observed that no grants were released to NGOs in 2011-12 and
2014-15. It was also noticed that grants were released to 13 projects for a
period ranging between six and 15 months only and second and subsequent
installments were not released to 12 projects. No specific reasons were
furnished by the Department for non-release of second installment. Since,
NGOs are largely dependent on government grants (90 per cent) for running
of the projects, non-release of grant in 12 out of 13 projects for a longer period
indicated that the scheme had become largely non-functional. Although,
Directorate Women Welfare stated that these 12 Ujjawala projects were
running.
On being pointed out Directorate, Women Welfare replied that this problem
persisted due to non-release of funds from GoI. Further, during discussion in
exit conference, Government assured to take required action on the reported
fact.
7.9.3 Monitoring
As per guidelines, a State Level Monitoring Committee was to be formed
under the Chairmanship of Principal Secretary, Woman Welfare Department
6
India Country assessment report – A review commissioned by UNODC.
7
Bahraich, Lakhimpur Khiri, Maharajganj, Pilibhit, Shrawasti and Siddhartnagar.
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GoUP which was to meet at least twice a year to monitor the project. Further,
the continuation of grant to the implementing agency was to be based on the
satisfactory performance reported by the State. It was also envisaged that
periodic inspection would be undertaken by the State. Separately periodic
evaluations of the project were also to be undertaken by external agency such
as reputed institutions, Panchayati Raj Institutions (PRI), block level
institution and district level institution.
Scrutiny revealed that the State Level Monitoring Committee under the
chairmanship of Principal Secretary, Woman Welfare Department was not
formed. Further, periodic evaluations of the projects through reputed
institutions, PRIs, block level institution and district level institution was not
done. Norms/inspection schedules for periodic inspection were also not laid
down by the Directorate.
On being pointed out in Audit, Directorate Women Welfare did not provide
any specific reply, however, during discussion in exit conference, Government
stated to take required action on the fact.
7.10 Conclusions
● Incidence of crime against women have been increasing consistently
during last five years. The incidence of such crimes in the State are much
higher as compared to all India average and most of the other States.
(Paragraph 7.1)
● The number of serious crimes against women such Rape, homicide for
dowry, dowry deaths or their attempts, torture- both mental and physical,
assault on women with intent to outrage her modesty, kidnapping
and abduction and cases under Dowry Prohibition Act have increased
considerably.
(Paragraph 7.2)
● Despite high incidence of crime, the State Government has not taken
effective steps to significantly strengthen its police force as the actual police
manpower per one lakh population in the State is amongst the lowest in the
country.
(Paragraph 7.4)
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● The Ujjawala projects for trafficked women were mostly non-functional.
Further, no Ujjawala homes were established in districts bordering Nepal.
Major destination centres for trafficking had no Ujjawala projects.
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