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NCWL Report Reveals Gaps in Legal Protections for Tribal and Adivasi Women and Children

New Delhi, July 30, 2024: The National Council of Women Leaders (NCWL) has released a damning report highlighting significant gaps in the implementation of legislative measures designed to protect tribal and Adivasi women and children in India. The report reveals that sexual violence against these vulnerable groups remains widespread and largely unaddressed.

The SC&ST PoA Act of 1989, its 2015 amendments, and the Protection of Children from Sexual Offenses Act 2012 (POCSO) were intended to provide robust protections. However, the NCWL’s findings suggest that these laws have failed to effectively prevent abuse and ensure justice.

Key Findings

•Widespread Abuse: The NCWL’s survey, conducted across 10 states Chhattisgarh, Jharkhand, Maharashtra, Madhya Pradesh, Gujarat, Odisha, Manipur, Assam, West Bengal, and Bihar, documented 33 cases of sexual violence from 2019 to 2024. These cases indicate systemic failures in protecting tribal and Adivasi communities.

•Disbelief in Legal Rights: A pervasive disbelief in the legal rights of Adivasi/Tribal women has led to inadequate action from law enforcement. In instances involving police or paramilitary forces as perpetrators, there was a noted tendency to protect the accused rather than the victims.

•Economic and Social Vulnerability: Reports from Gujarat highlight how severe poverty and lack of support systems have made young girls particularly vulnerable. Economic deprivation, coupled with inadequate education and employment opportunities, forces many to migrate, increasing their risk of abuse.

•Delayed Legal Action: The report highlights significant delays in filing First Information Reports (FIRs), with some cases being registered almost a year after the incidents. Civil society groups often had to pressure police to ensure complaints were recorded and acted upon.

•Inadequate Legal Recognition: Of the 25 cases where the SC&ST (POA) Act was applicable, only seven were filed under the Act, with the remaining cases failing to receive appropriate legal recognition.

•Lack of Victim Support: Despite POCSO Act mandates for victim support services, these were largely unmet. Only one case in Gujarat received the prescribed support.Invasive Medical Exams: The report criticizes the continued use of the “two-finger test” for medical examinations, a procedure banned by the Supreme Court, which was used in 15 out of 33 cases.

•Urgent reforms needed: The NCWL is calling for urgent reforms to enhance safety and justice for Adivasi/Tribal women. Key recommendations include:

Establishing state and district Vigilance Monitoring Committees. Regular meetings to ensure effective implementation of the SC&ST (POA) Act. Nationwide police reforms to improve accountability and sensitivity in handling cases of sexual violence.

•Statements from Officials: NCWL President Ritu Verma stated, “The findings of this report are a stark reminder of the urgent need for systemic change. The safety and dignity of tribal and Adivasi women and children must be prioritized.”

The NCWL emphasizes that decisive and immediate action is necessary to address these systemic issues and ensure the dignity and protection of tribal women and children across India. The report calls for a unified effort from government agencies, civil society, and the community to create a safer environment for these vulnerable populations.

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