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above quote explains why legal literacy for women is an essential aspect
of sustainable development. The United Nations’ newest entity UN Women
published its first major report on the "Progress of the Worlds Women"
in 2011, in early summer. The entity chose to focus its first issue on
women’s progress in pursuit of justice. The report covers many concepts
in relation to the women’s demands for justice, and the struggle
thereof. It includes ground breaking legal cases, revolutionary policy
decisions in legal reform and women’s representation in legal systems.
However, most importantly, it addresses the challenges women face in
accessing justice and how these challenges impact the process of
development.
In addressing progress made
towards achieving the Millennium Development Goals (MGDs) the report
claims that achieving these goals is also an essential precondition for
women’s access to legal rights. Without awareness of rights and
decision-making power, women are often unable to claim their due.
The report claims that women
and girls, especially those living in rural areas, have been least
likely to share a pie in human progress. In addition, millions of women,
particularly in rural areas, depend on natural resources for their
livelihoods; they must form the primary target group of efforts to
achieve environmental sustainability. Work on all these goals underpins
women’s social and economic empowerment and access to decision making at
all levels.
In July this year, the United
Nations Development Programme published a study that took into account
for the first time levels of inequality to adjust countries’ positions
on the human development index (HDI). India is ranked 119th on the
index, and looses 30 per cent of its value when adjusted for inequality.
The study was also done on individual states, covering 19 states. Madhya
Pradesh ranked 16th on the HDI among Indian states, and looses 35 per
cent of its value when adjusted for inequality.
Covering Marginalised People
For the Government of
India-UNDP project on Access to Justice for Marginalized People, a
Justice Innovation Fund (JIF) was created in order to support
interventions by civil society. The fund aims directly at promoting
activities that create legal awareness amongst members of marginalised
communities in order enable them to seek justice. Effective legal aid to
those belonging to deprived sections is a key goal of the JIF. The main
support is provided in building the capacity of civil society to
initiate district level reform in local governance and its functionaries
to support human rights defenders and further the level of access to
justice systems for the marginalised.
DA’s Deliverables
We have an over all goal of
exposing 3,000 women to activities that impart legal awareness and
improve legal literacy, especially in MP. Through a variety of
activities at different levels, women from the villages of all six
blocks of the district of Tikamgarh will be able to participate in
opportunities to enhance their knowledge of human rights.
The list of activities includes
village level interfaces with local government supply side actors, such
as Panchayati Raj Institution members, to gain access to entitlements
under MGNREGA, and consultations with block level supply side actors
that will give the women access to a higher level of government and
justice delivery systems, such as a discussion with the District Legal
Services Authority.
A multimedia approach at the
local level is also a component of Development Alternatives efforts
towards improving legal literacy. Radio Bundelkhand will develop a total
of 12 programmes directed at issues specifically related to realising
rights and entitlements. Programmes invoke thinking process using
innovative technologies such as a folk song discussing the Dowry
Prohibition Act or a radio drama exemplifying the use of the Right to
Information Act. Special efforts to narrow-cast these programmes in the
areas out of reach of Radio Bundlekhand are also being taken up by
partners.
Another aspect of the awareness
drive is organising street plays in which community members are educated
about legal rights through plays outlining the uses of different laws
and how they help in realising rights and gaining access to
entitlements.
To carry forward the programme
select 50 volunteers from each block will be trained to act as community
Paralegal Workers (PLWs). This total group of 300 persons, at least 150
of which will be women, will be intensively trained over a period five
days in the key laws and schemes that are most relevant to women in
Tikamgarh. They will be required to participate in quarterly follow-up
meetings and in a refresher course the following year. These PLWs will
also gain extensive knowledge in legal issues through their
participation in the other legal awareness activities.
It is important to note that
first step in successfully implementing this project was to make our
partners and field staff legally literate, so that they are able to
train the other PLWs and have extensive knowledge to provide support.
They already are well versed on many issues, especially entitlements
under MGNREGA. We have engaged local lawyers and created a simple
manual, especially for imparting legal knowledge with the help of
faculty from Bundlekhand University.
Current Status
Till the end of August 2011 DA
and its partners have trained a total of 300 men and women to act as
community PLWs. We have also conducted the preliminary introductions to
activities such as the block level consultations and village level
interfaces. Apart from this, we have also created, and broad-casted and
narrow-casted radio programmes on dowry, RTI, and social security
pensions.
Learning comes with Challenges
Only after completing the
preliminary activities, the baseline survey and formal registration of
volunteers, have DA and its partners fully understood the ground
realities of implementing a legal literacy project.
The finalisation of criteria
for selection of a volunteer PLW also brought to light the social
restrictions in the number of qualified women and men available in the
project area. Priority in registration of this programme is given to
people belonging to Scheduled Castes, Scheduled Tribes and Other
Backward Castes categories, and those between the age of 18-50 with some
level of community leadership experience, be it through a community
mobiliser position or a self-motivated leadership role. Most
importantly, the volunteer must have basic Hindi literacy, which proved
to be a major challenge.
The final analysis of the
baseline survey proved that a majority of the respondents represented
the youth and almost 98 per cent of them were members of Self Help
Groups. Nearly 57 per cent of the respondents were literate. Further,
the survey showed that in the district almost 66 per cent of women are
illiterate. A more detailed analysis, keeping social groups as variables
showed that illiteracy was very high in case of SC and ST women.
This major challenge and
learning really exemplifies the importance of even basic literacy rates
to take further steps towards development.
Success Stories
Even a little step taken by a
woman after finishing training is considered a big leap forward. After
their training the participants were given homework assignments. These
assignments are basic in nature and designed to act as introduction to
the possible impacts that the women themselves can create. DA’s first
batch of PLWs in Niwari was asked to simply visit its local Public
Distribution Center and investigate the types of violations they had
learnt about during the section on entitlements under the PDS. A few of
the participants returned a week later and reported on the violations
they had seen and rectified by taking a stand collectively. Violations
mainly included improper recording of goods distributed. The law
requires that a public board must record and account for the amount of
goods distributed each day. Other points included irregular distribution
of goods based on the type of ration card. Many people were receiving
less than they are eligible for. In addition, the PLWs were able to
ensure that there is a separate line for women when they arrive to
receive their ration.
We recently held our first
village level interface in Niwari, in the village of Babai. About 30
women came to the interface with their Sarpanch. It is interesting to
note that although the Sarpanch herself is a woman, she was not actively
involved in the interface; instead her husband sat in front of the room
as her representative. The topic of discussion focused on entitlements
for rural women under MGNREGA. DA and the village’s newly trained PLW
presented an overview of the scheme and rights while working under the
scheme, followed by a detailed discussion on the enrollment process. DA
staff came prepared with multiple copies of enrollment forms and was
able to hold a session where all interested women were individually
guided through the completion of the document. About 15 women completed
their enrollment forms and handed it directly to the Sarpanch herself.
DA staff has taken on the responsibility of seeing that the women are
given work within the guaranteed 15 days or taken through the next step
in the process of receiving compensation if they are not given work
within the allotted time period.
Way Forward
For our upcoming project
activities we plan to focus on providing extensive hand-holding and
experience training for the new PLWs. This includes their active role in
the organisation of both village and block level interfaces. Quarterly
follow-up meetings will give the PLWs opportunities to share activities
and gain access to problem solving solutions through discussions with
supply side actors. In addition, the PLWs will be given an intensive
refresher course the following year.
Our goal of exposing 3,000
women through a variety of activities will continue through the project
period. Most importantly, these activities empower women collectively —
they strengthen the power of the SHGs that have been developed through
the Tejashwani project. Legal literacy is highly dependent on social
structure and the ability of women to engage in activities that will
raise their awareness levels. They need validation that their collective
action to defend their rights will succeed.
While we make the local women
from the justice demand side legally literate, it is essential that they
receive support from service providers. As a part of the project
efforts, each block will have a group of representatives, the Community
Legal Assistance Partners, who will act as guides through legal process
for the community women. The members include District Legal Services
Authority/ Tehsil Legal Services Cell (DLSA/TLSC) members, media
representatives, local judges, representatives of local police
authorities, advocates and active PLWs.
We should keep in mind that two
years of intensive efforts is just a start. While the desired outcome is
an overall change in the way the society views women’s rights, we can
only expect small, but hard earned, achievements. Basically,
documentation of cases of a few active women who have been able to
address one or two community issues, whether it be reducing corruption
in the PDS or accessing justice for a woman facing abuse, will be
carried out.
Sustainability depends highly
on the subject matter and the support that DA is able to give to the
PLWs.
Making sure that field staff is
amongst the trained paralegals is important because they already play
significant roles in community leadership. They are aware of the steps
to be taken to best empower the women they live and work with. As
leaders of their community they have been trained in delivering training
sessions and understanding the details of the laws and the processes to
realise rights. They are trusted by the community, they are also
examples of empowerment and leadership for the other PLWs to gain
support from and to look up to for inspiration to continue working for
the betterment of their communities.
The formation of Community
Legal Assistance Partners for each block will solidify the linkages
between the demand side; the women who have been made aware of basic
legal rights and those who have been trained to lead them forward will
have concrete linkages to those on the supply side of justice delivery.
Conclusion
The project of legal literacy
stands on increasing the basic level of awareness on these issues. Not
only is a woman severely impaired if she does not have the ability to
read and write, it also greatly reduces the overall level of development
of the community.
That same concept is applicable
to legal literacy. Social development and level of empowerment is
heavily dependent on their basic understanding of rights, entitlements
and duties as citizens of this country. How can we consider a woman
empowered if she is able to successfully run a small enterprise, but is
not able protect herself or gain access to justice for violations of her
basic human rights? q