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UNCLAS SECTION 01 OF 05 NEW DELHI 001653 
 
SIPDIS 
 
SIPDIS 
 
DEPT FOR SCA/INS, DRL, PASS TO SECRETARY RICE, U/S HUGHES, 
U/S BURNS, U/S DOBRIANSKY, AND DEPUTY SECRETARY NEGROPONTE 
 
E.O. 12958: N/A 
TAGS: PGOV PHUM PREL PINR SOCI KWMN IN
SUBJECT: THE STATUS OF WOMEN IN INDIA - PART I 
 
REF: A. 06 NEW DELHI 0930 
     ¶B. 06 NEW DELHI 7119 
     ¶C. 06 NEW DELHI 7581 
     ¶D. NEW DELHI 0654 
     ¶E. NEW DELHI 1032 
     ¶F. NEW DELHI 1383 
     ¶G. NEW DELHI 1401 
     ¶H. NEW DELHI 1402 
     ¶I. NEW DELHI 1419 
 
 
¶1.  (SBU) Summary:  During the March 19-24 visit of Senior 
Advisor to the Secretary of State for Women's Empowerment 
Ambassador Shirin Tahir-Kheli, Mission officers joined 
Ambassador Tahir-Kheli to survey New Delhi's leading NGOs, 
think tanks, pundits, government officials and activists on 
the changing roles of women in Indian society.  Since 
independence six decades ago, India has enacted approximately 
a dozen landmark laws aimed at supporting and protecting 
women.  However, while women are beginning to enjoy some new 
legal protections, they are still fighting for equality and 
waiting for effective enforcement and implementation of these 
laws.  Based on Ambassador Tahir-Kheli's conversations, and 
our own ongoing analysis, the issues of greatest concern to 
both the USG and our north Indian interlocutors include 
female feticide, dowry deaths and traficking in persons. 
Part I of our report will focus on the first two issues. 
Part II (septel) will discuss trafficking in persons, and 
bread and butter concerns involving the continued inability 
of India's women to access education and health, and caste 
and class.  End Summary. 
 
The Good News: Marked Progress Through the Decades 
--------------- 
 
¶2.  (SBU) Feminist activism in India gained momentum during 
the late 1970s.  In 1979, the acquittal of policemen accused 
of raping a young girl in a police station led to wide-scale 
protests and effectively served as the catalyst that brought 
women,s groups together.  The protests were covered in the 
national media and forced the GOI to amend the Evidence Act, 
the Criminal Procedure Code and the Indian Penal Code to 
introduce the category of custodial rape.  Civil society has 
also played a crucial role in raising awareness.  In the 
1990s, foreign donor agencies funded the formation of new 
women-oriented NGOs.  NGOS and self-help groups continue to 
play a major role in women's rights in India. 
 
¶3. (SBU) Throughout Ambassador Tahir-Kheli's visit, contacts 
highlighted continued progress on women's issues.  The 
Constitution of India guarantees equality (Article 14), no 
discrimination by the State (Article 15), equal opportunity 
(Article 16), and equal pay for equal work (Article 39).  In 
addition, it specifies unique provisions for women and 
children (Article 15), renounces practices derogatory to the 
dignity of women (Article 51) and calls on the state to 
ensure secure, just, and humane work conditions and for 
maternity relief (Article 42).  In addition, since 
independence six decades ago, India has enacted approximately 
a dozen landmark laws (many described in the following 
paragraphs) to support and protect women. 
 
The Bad News: Laws Exist, But Only on Paper 
--------------- 
 
¶4.  (SBU) Civil society and the media have taken the lead in 
raising awareness and acceptance of the rights and roles of 
women.  The courts are slow to keep pace and are often 
prodded to action by the media.  In 2007, there have been 
daily newspaper headlines reporting on court decisions for 
cases filed in the early 1980s (reftel C).  It is widely 
 
NEW DELHI 00001653  002 OF 005 
 
 
acknowledged that the government is often unable to implement 
or enforce its laws, especially in rural areas where 
traditions are deeply rooted.  Justice delayed, as one 
contact told us, is justice denied.  Kiran Bedi, Director 
General, Bureau for Police Research and Development also 
expressed frustration over badly designed laws.  She pointed 
out that no law stipulates how the statute will be 
coordinated, implemented, or monitored.  She emphasized that 
a coordinating body needs to be identified and held 
responsible for the implementation of these laws, including 
the provision of training and levying penalties for 
lackluster enforcement. 
 
¶5.  (SBU) In 1992, the GOI established the National 
Commission for Women (NCW) to: review the Constitutional and 
legal safeguards for women; recommend remedial legislative 
measures; facilitate redressal of grievances; and advise the 
Government on all policy matters affecting women.  The NCW 
coordinates with state governments to raise awareness of 
issues impacting women.  On March 23, NCW Chairperson Girija 
Vyas told Ambassador Tahir-Kheli that the office monitors 
various issues throughout the country, including female 
feticide and domestic violence.  It also conducts outreach 
and education and interact with the police, who she claimed 
&fear me and my organization.8  Vyas acknowledged the 
media,s important role as a tool for outreach and 
enforcement, but also noted that the NCW was becoming 
increasingly savvy in its outreach efforts.  For example, to 
date, the government and civil society have taken a number of 
steps to assist female crime victims, including telephone 
help lines, short-stay homes, counseling, occupational 
training, medical aid and rehabilitation.  (Comment:  While 
the NCW,s intentions are good, NCW is repeatedly criticized 
for failing to speak out against reported atrocities. 
Further, the GOI does not have to implement NCW 
recommendations and has not granted the NCW the independence 
necessary for effective functioning.  End Comment.) 
 
The Girl Child: Female Feticide, Infanticide and Neglect 
--------------- 
 
¶6.  (SBU) Throughout her visit, interlocutors complained to 
Ambassador Tahir-Kheli about the devastating practice of 
female feticide.  The traditional cultural preference for 
sons has directly led to high rates of female feticide, 
female infanticide, maternal mortality and neglect of the 
girl child.  Aid Agency Oxfam reported that this trend is 
regional; as of 2003, South Asia is reportedly missing some 
50 million women due to these practices.  As a result, 
India's sex ratio is one of the world,s lowest with an 
average of 933 females for every 1,000 males in the 2001 
census, up from the 1991 census figure of 927. 
 
¶7.  (SBU) On March 20, Member of Parliament (MP) Prema 
Cariappa identified female feticide as the biggest challenge 
facing India today.  She explained that the Prenatal 
Determination Test Act only penalizes expecting women and 
doctors who use sex determination tests to identify female 
fetuses for abortion.  Cariappa underscored that, more often 
than not, women are coerced by their families and their 
husbands to get ultrasound tests and abort girl fetuses.  In 
the same meeting, Cariappa's colleague, MP Nirmalal Deshpande 
explained that feticide is more prominent among the educated 
and urban sections of society (reftel A). 
 
¶8.  (SBU) There are several non-national efforts to curb 
female feticide.  On March 23, Delhi Chief Minister Sheila 
Dixit outlined the Delhi government program.  Every girl born 
in a New Delhi government hospital is given a gift deposit of 
Rs. 5000 ($114).  This, when coupled with accumulated 
interest can reach up to Rs. 18,000 (409 USD), is given to 
 
NEW DELHI 00001653  003 OF 005 
 
 
the girl when she turns 18 years old.  The program ostensibly 
encourages mothers to go to government hospitals, resulting 
in safer births and lower maternal mortality, and encourages 
families not to abort female fetuses.  In addition, MP 
Praneet Kaur and several others told Ambassador Tahir-Kheli 
about the local-level solution to feticide in Nawanshahr 
(reftel D).  The District Commissioner in Nawanshahr enjoys 
broad support for his "Big Brother" model, which monitors 
every pregnant woman in a targeted village and their female 
children.  In response to Ambassador Tahir-Kheli's concerns 
regarding possible violation of privacy rights, most argued 
that the problem has reached such a critical level that any 
solution that tendered results was welcomed. 
 
¶9.  (SBU) Despite government and NGO efforts, on March 21, 
Montek Singh Ahluwalia, Deputy Chairperson, Planning 
Commission recounted seeing a poster advertising sex 
determination and selection, "Spend 500 rupees ($11) now, 
save 5 lakhs ($11,364) later."  (Comment: While vested 
interests are promoting and profiting from female feticide, 
we find it encouraging that virtually every interlocutor 
raised female feticide as a problem India needed to address 
seriously.  End Comment.) 
 
Domestic Violence and Dowry-Related Deaths 
--------------- 
 
¶10.  (SBU) According to a recent UN report, approximately 
two-thirds of married women in India are victims of domestic 
violence.  The 2006 National Family Health Survey reported 
that every third women has dealt with spousal violence.  The 
Indian Penal Code was amended twice during the 1980s - first 
in 1983 and again in 1986 - to define special categories of 
crimes dealing with marital violence and abuse.  To deal with 
the problem, the GOI introduced the Protection of Women from 
Domestic Violence Act of 2006, which took effect on October 
¶27.  The new law bans the harassment of new brides for dowry 
and gives sweeping powers to a magistrate to issue protection 
orders where needed.  Punishment ranges from jail terms of up 
to one year and/or a fine of approximately 19,800 rupees 
($450).  Domestic violence, under the new law, is defined as 
actual abuse or the threat of abuse whether physical, sexual, 
emotional, or economic.  The law also criminalizes spousal 
rape. 
 
¶11.  (SBU) While less common than 40 years ago, dowry related 
violence, often referred to as "bride burning" still occurs. 
In bride-burning, husbands or other family members douse the 
wife with kerosene, gasoline or other flammable liquid and 
set her alight, often leading to death by immolation.  Most 
Indians assert that bride-burning results from the woman's 
inability to meet dowry demands, falling behind on dowry 
payments, or the husband's desire to rid himself of his wife 
without the dishonor of divorce.  Dowry deaths are often 
disguised as kitchen accidents or suicides and are not 
reported.  The exact number of victims can only be estimated. 
 However, in 2005, almost 7,000 cases of dowry-related deaths 
were recorded with the National Crime Records Bureau (NCRB). 
NGOs also claim that accused in-laws often avoid legal 
consequences by bribing police officials. 
 
¶12.  (SBU) The payment of dowry has been illegal for nearly 
forty years.  Two amendments to the Dowry Prohibition Act of 
1961 - enacted in 1984 and 1986 - further strengthened the 
legislation.  However, women's rights groups claim the 
practice continues because the law is hardly enforced.  Under 
the law, the courts must presume that the husband or the 
wife's in-laws are responsible for every unnatural death of a 
woman in the first seven years of marriage - whenever 
harassment is proven.  In May 2005, the Supreme Court ordered 
the creation of a commission to end dowry.  (Comment:  We 
 
NEW DELHI 00001653  004 OF 005 
 
 
assess the commission will remain ineffective as it will be 
stymied by police corruption, shoddy implementation, and the 
slow pace of the legal process.  For example, the founders of 
Shakti Shalini, a domestic violence shelter for women ) and 
visited by Ambassador Tahir-Kheli - are still waiting for the 
Delhi High Court to hear the cases involving the dowry-deaths 
of their daughters, which occurred in 1978.  End comment.) 
 
¶13.  (SBU) On March 20, Minister of Women and Child 
Development Renuka Chowdhary provided Ambassador Tahir-Kheli 
with information regarding effective community responses that 
averted dowry related deaths, including one from Rajasthan 
where families are &exchanging a girl for a girl8.  Under 
this practice, a family with a son and daughter who are near 
in age with another family with a son and daughter, will not 
accept a dowry but will exchange their daughters for their 
sons.  NGO leaders also told Ambassador Tahir-Kheli 
successful stories of women collectives demanding police to 
enforce domestic violence laws and shaming abusers by 
publicizing the abuse. (Comment:  Instigating social change 
at the community level is far more effective than wading 
through the cumbersome, bureaucratic and time-consuming 
judicial system.  Community tailored responses and community 
activism remain vibrant in India.  End Comment.) 
 
¶14.  (SBU) Rape and other violent attacks against women are a 
serious problem both within and outside the home.  While 
official statistics confirm a dramatic increase in reported 
crimes against women, these may reflect a growing sense of 
security in reporting these crimes.  The NCRB reported an 
increase in the number of rapes from 14,809 in 2004 to 15,847 
in 2005.  According to the NCRB, two rapes took place every 
hour in 2006, one in five victims was a child, and 19 out of 
20 of those arrested for rape went unpunished.  Only 10 
percent of rape cases were adjudicated fully in the courts as 
police generally fail to arrest rapists.  In May 2005, 
Parliament amended the Code of Criminal Procedures to 
stipulate mandatory DNA testing in all rape cases.  To 
protect women from sexual assault by police officers, the 
bill also prohibits the arrest of women after sunset and 
before sunrise except in "exceptional circumstances." 
 
¶15.  (SBU) During a four-day visit to New Delhi, Ambassador 
Tahir-Kheli held high level discussions on women's 
empowerment with the following Mission contacts: 
 
 - Sanjaya Baru, Media Advisor to the Prime Minister; 
 - Shiv Shankar Munon, Foreign Secretary; 
 - Renuka Chowdhary, Minister for Women and Child Development; 
 - Praneet Kaur, Member of Parliament; 
 - Prema Cariappa, Member of Parliament; 
 - Nirmala Deshpande, Member of Parliament; 
 - Montek Singh Ahluwalia, Deputy Chairperson, Planning 
Commission; 
 - Sayeeda Hamid, Member of Planning Commission; 
 - Manjeev Singh Puri, Joint Secretary on United Nations, 
Economic and Social Programs; 
 - Sanjiv Arora, Joint Secretary, United Nations Political; 
 - Delhi Chief Minister Sheila Dixit; 
 - Girija Vyas, Chairperson National Commission for Women; 
 - Amb. Lalit Mansingh, Former Ambassador to the U.S.; 
 - Kiran Bedi, Director General, Bureau for Police Research 
and Development; and 
 - Lt. General Satish Nambiar, Director, United Services 
Institute of India. 
 
¶16.  (SBU) Ambassador Tahir-Kheli also met with numerous 
NGOs, lawyers, think tanks, and members of the press 
including, 
 
 - Ranjana Kumari, Director, Center for Social Research; 
 
NEW DELHI 00001653  005 OF 005 
 
 
 - Asmita Basu, Legal Consultant and Project Coordinator, 
Lawyers Collective; 
 - Aparna Bhatt, Advocate, Supreme Court of India; 
 - Veena Nayyar, Women,s Political Watch; 
 - Gouri Choudhary, WomenPowerConnect Governing Board; 
 - Mohini Giri, Chairperson, Guild of Service; 
 - Ravi Nair, South Asia Human Rights Documentation Center; 
 - Indira Rajarama, National Institute of Public Finance and 
Policy; 
 - Harinder Sekhon, Senior Fellow, Observer Research 
Foundation; 
 - Radha Kumar, Delhi Policy Group; 
 - Mythilli Bhusnurmath, Senior Editor, Economic Times; 
 - Madhvi Puri Buch, Head Corporate Brand, ICICI Bank; 
 - Dr. N. Hamsa, WomenPowerConnect; 
 - Tara Apachu Sharma, Women's Legal Rights Initiative (WLRI) 
Program Team, IFES 
 - Vasu Mohan, WLRI Program Team, IFES; 
 - Dr. Suraiya Tabassum, WLRI Program Team, Muslim Women,s 
Program; 
 - Benita Sharma, WLRI Program Team, Gender Budgeting; 
 - Akhila Sivadas, Center for Advocacy and Research; and 
 - Rekha Bezbourah, Ekatra. 
 
¶17. (U) Part II on women's issues and Ambassador 
Tahir-Kheli's visit will follow septel. 
 
MULFORD