Section 6. Discrimination, Societal Abuses, and Trafficking in Persons
Rape and Domestic Violence: The law criminalizes rape in most cases, although marital rape is not illegal when the woman is over the age of 15. Official statistics pointed to rape as the country’s fastest growing crime, prompted at least in part by the increasing willingness of victims to report rapes, although observers believed the number of rapes still remained vastly underreported.
Law enforcement and legal recourse for rape victims were inadequate, overtaxed, and unable to address the problem effectively. Police officers sometimes worked to reconcile rape victims and their attackers, in some cases encouraging female rape victims to marry their attackers. NGO Lawyers Collective noted the length of trials, lack of victim support, and inadequate protection of witnesses and victims remained major concerns. Doctors continued to carry out the invasive “two-finger test” to speculate on sexual history, despite the Supreme Court’s holding that the test violated a victim’s right to privacy. In 2015 the government introduced new guidelines for health professionals for medical examinations of victims of sexual violence. It included provisions regarding consent of the victim during various stages of examination, which some NGOs claimed was an improvement to recording incidents.
Women in conflict areas, such as in the state of Jammu and Kashmir, the northeast, Jharkhand, and Chhattisgarh, as well as vulnerable Dalit or tribal women, were often victims of rape or threats of rape. National crime statistics indicated Dalit women were disproportionately victimized compared with other caste affiliations.
Domestic violence continued to be a problem. Acid attacks against women caused death and permanent disfigurement. During the year Chhattisgarh became the first state to establish one-stop crisis centers for women in distress, called “Sakhi centers,” in all its 27 districts, supported with federal funds from the Ministry of Women and Child Development. These centers provide medical, legal, counseling, and shelter services for women facing various types of violence, but primarily domestic violence related to dowry disputes and sexual violence.
The NCRB estimated the conviction rate for crimes against women to be 18.9 percent.
In 2015 the Supreme Court directed all private hospitals to provide medical assistance to victims of acid attacks. Implementation of the policy began in Chennai in 2016. In April the government announced that acid attack victims were to be included in the provisions of the Rights of Persons with Disabilities Act 2016.
In July 2016 the central government launched a revised Central Victim Compensation Fund scheme to reduce disparities in compensation for victims of crime including rape, acid attacks, crime against children, and human trafficking.
Female Genital Mutilation/Cutting (FGM/C): No national law addresses the practice of FGM/C. According to human rights groups and media reports, between 70 and 90 percent of Dawoodi Bohras, a population of approximately one million concentrated in Maharashtra, Gujarat, Rajasthan, and Delhi, practiced FGM/C.
On June 26, the Supreme Court sought responses from the national government and the states of Gujarat, Maharashtra, Rajasthan, and Delhi following a public interest litigation (PIL) petition seeking a ban on FGM/C. In May national Minister for Women and Child Development Maneka Gandhi said FGM/C should be a criminal offense.
Other Harmful Traditional Practices: The law forbids the provision or acceptance of a dowry, but families continued to offer and accept dowries, and dowry disputes remained a serious problem. NCRB data showed authorities arrested 19,973 persons for dowry deaths in 2015.
“Sumangali schemes” affected an estimated 120,000 young women. These plans, named after the Tamil word for “happily married woman,” are a form of bonded labor in which young women or girls work to earn money for a dowry to be able to marry. The promised lump-sum compensation ranged from 80,000 to 100,000 rupees ($1,300 to $1,600), which is normally withheld until the end of three to five years of employment. Compensation, however, sometimes went partially or entirely unpaid. While in bonded labor, employers reportedly subjected women to serious workplace abuses, severe restrictions on freedom of movement and communication, sexual abuse, sexual exploitation, sex trafficking, and being killed. The majority of sumangali-bonded laborers came from the Scheduled Castes (SC) and, of those, employers subjected Dalits, the lowest-ranking Arunthathiyars, and migrants from the northern part of the country, to particular abuse. Authorities did not allow trade unions in sumangali factories, and some sumangali workers reportedly did not report abuses due to fear of retribution. A 2014 case study by NGO Vaan Muhil described health problems among workers and working conditions reportedly involving physical and sexual exploitation. In 2016 the Madras High Court ordered the Tamil Nadu government to evaluate the legality of sumangali schemes. It is unclear whether the state has complied with the court order.
Most states employed dowry prohibition officers. A 2010 Supreme Court ruling makes it mandatory for all trial courts to charge defendants in dowry-death cases with murder.
So-called honor killings remained a problem, especially in Punjab, Uttar Pradesh, and Haryana. These states also had low female birth ratios due to gender-selective abortions. On August 21, the Supreme Court sought suggestions from NGO Shakti Vahini and khap panchayats on ways to prevent harassment and killings of young couples in the name of family honor. The most common justification for the killings cited by the accused or by their relatives was that the victim married against her family’s wishes.
In a case of suspected honor killing in Telangana, police found a lower-caste Dalit man M. Madhukar dead from injuries on March 13. Dalit rights organizations rejected the police contention that it was a case of suicide and asserted the family members of an upper-caste girl were involved in his death. On April 6, the Hyderabad High Court ordered another autopsy on the body following protests and allegations that a local member of parliament was involved in a cover-up operation. There were no updates to the case at year’s end.
There were reports women and girls in the “devadasi” system of symbolic marriages to Hindu deities were victims of rape or sexual abuse at the hands of priests and temple patrons, a form of sex trafficking. NGOs suggested families forced some SC girls into prostitution in temples to mitigate household financial burdens and the prospect of marriage dowries. Some states have laws to curb prostitution or sexual abuse of women and girls in temple service. Enforcement of these laws remained lax, and the problem was widespread. Some observers estimated more than 450,000 women and girls engaged in temple-related prostitution.
There was no federal law addressing accusations of witchcraft; however, authorities may use other legal provisions as an alternative for a victim accused of witchcraft. Bihar, Odisha, Chhattisgarh, Rajasthan, Assam, and Jharkhand have laws criminalizing those who accuse others of witchcraft. Most reports stated villagers and local councils usually banned those accused of witchcraft from the village.
Sexual Harassment: Sexual harassment remains a serious problem. Authorities required all state departments and institutions with more than 50 employees to operate committees to prevent and address sexual harassment, often referred to as “eve teasing.”
Coercion in Population Control: There were reports of coerced and involuntary sterilization.
Some women reportedly were pressured to have tubal ligations, hysterectomies, or other forms of sterilization because of the payment structures for health workers and insurance payments for private facilities. This pressure appeared to affect disproportionately poor and lower-caste women. In September 2016 the Supreme Court ordered the closure of all sterilization camps within three years.
The country continued to have deaths related to unsafe abortion, maternal mortality, and coercive family planning practices, including coerced or unethical sterilization and policies restricting access to entitlements for women with more than two children. Policies and guideline initiatives penalizing families with more than two children remained in place in seven states, but some authorities did not enforce them. Certain states maintained government reservations for government jobs and subsidies for adults with no more than two children and reduced subsidies and access to health care for those who have more than two.
Rajasthan, one of 11 states to adopt a two-child limit for elected officials at the local level, was the first to adopt the law in 1992. Despite efforts at the state level to reverse or amend the law, it remained unchanged during the year. According to NGO Lawyers Collective, such policies often induced families to carry out sex-selection for the second birth to assure they have at least one son, without sacrificing future eligibility for political office.
Although national health officials noted the central government did not have the authority to regulate state decisions on population issues, the central government creates guidelines and funds state level reproductive health programs. A Supreme Court decision deemed the national government responsible for providing quality care for sterilization services at the state level. Almost all states also introduced “girl child promotion” schemes, intended to counter sex selection, some of which required a certificate of sterilization for the parents to collect benefits.
The government has promoted female sterilization as a form of family planning for decades and, as a result, female sterilization made up 86 percent of all contraceptive use in the country. Despite recent efforts to expand the range of contraceptive choices, the government sometimes promoted permanent female sterilization to the exclusion of alternate forms of contraception.
Estimates on maternal mortality and contraceptive prevalence are available at: www.who.int/reproductivehealth/publications/monitoring/maternal-mortality-2015/en/ .
Discrimination: The law prohibits discrimination in the workplace and requires equal pay for equal work, but employers often paid women less than men for the same job, discriminated against women in employment and credit applications, and promoted women less frequently than men.
Many tribal land systems, including in Bihar, deny tribal women the right to own land.
In January 2016 the Bihar government approved a 35-percent quota for women in state government jobs at all levels.
Gender-biased Sex Selection: According to the latest census (2011), the national average male-female sex ratio at birth was 1,000 to 943. The law prohibits prenatal sex selection, but authorities rarely enforced it.
Birth Registration: The law establishes state government procedures for birth registration. UNICEF estimated authorities registered 58 percent of national births each year. Children lacking citizenship or registration may not be able to access public services, enroll in school, or obtain identification documents later in life.
Education: The constitution provides for free education for all children from ages six to 14, but the government did not always comply with this requirement. The NGO Pratham’s 2016 Annual Survey of Education noted that in the states of Uttar Pradesh, Bihar, Manipur, West Bengal, and Madhya Pradesh, female student attendance rates ranged between 50 to 60 percent.
According to the National Survey of Out of School Children 2014 report, 28 percent of children with disabilities ages six to 13 did not attend school.
Child Abuse: The law prohibits child abuse, but it does not recognize physical abuse by caregivers, neglect, or psychological abuse as punishable offenses. Although banned, teachers often used corporal punishment. The government often failed to educate the public adequately against child abuse or to enforce the law.
In May humanitarian aid organization World Vision India conducted a survey of 45,844 children between the ages of 12 and 18 across 26 states and found that one in every two children was a victim of sexual abuse. The Counsel to Secure Justice reported nearly 30 percent of child sexual abuse cases involved incest and 99 percent of overall child sexual abuse cases were not reported.
The government sponsored a toll-free 24-hour helpline for children in distress working with 640 partners in 402 locations.
Early and Forced Marriage: The law sets the legal age of marriage for women at 18 and men at 21, and it empowers courts to annul child marriages. It also sets penalties for persons who perform, arrange, or participate in such marriages. Authorities did not consistently enforce the law nor address rape of girls forced into marriage. The law does not characterize a marriage between a girl below age 18 and a boy below age 21 as “illegal,” but it recognizes such unions as voidable. According to international and local NGOs, procedural limitations effectively left married minors with no legal remedy in most situations.
The law establishes a full-time child-marriage prohibition officer in every state to prevent and police child marriage. These individuals have the power to intervene when a child marriage is taking place, document violations of the law, file charges against parents, remove children from dangerous situations, and deliver them to local child-protection authorities.
In May Karnataka amended existing legislation to declare every child marriage illegal and empowered police to take specific action.
On July 20, Minister of State for Women and Child Development Krishna Raj informed the upper house of parliament that 2015-16 data from NFHS-4 revealed a decline in the percentage of women between ages 20 and 24 married before age 18.
Sexual Exploitation of Children: The law prohibits child pornography and sets the legal age of consent at 18. It is illegal to pay for sex with a minor, to induce a minor into prostitution or any form of “illicit sexual intercourse,” or to sell or buy a minor for the purposes of prostitution. Violators are subjected to 10 years’ imprisonment and a fine.
Special Courts to try child sexual abuse cases existed in all six Delhi courts. Civil society groups observed, however, that large caseloads severely limited judges’ abilities to take on cases in a timely manner.
Child Soldiers: No information was available on how many persons under age 18 were serving in the armed forces. NGOs estimated there were at least 2,500 children associated with insurgent armed groups in Maoist-affected areas as well as child soldiers in insurgent groups in the state of Jammu and Kashmir. There were allegations government-supported, anti-Maoist village defense forces recruited children (see section 1.g., Child Soldiers).
Displaced Children: Displaced children, including refugees, IDPs, and street children, faced restrictions on access to government services (see also section 2.d.).
Institutionalized Children: Lax law enforcement and a lack of safeguards encouraged an atmosphere of impunity in a number of group homes and orphanages.
The Calcutta Research Group reported police sometimes separated families detained at the India-Bangladesh border in the state of West Bengal by institutionalizing children in Juvenile Justice Homes with limited and restricted access to their families.
International Child Abductions: The country is not a party to the 1980 Hague Convention on the Civil Aspects of International Child Abduction. See the Department of State’s Annual Report on International Parental Child Abduction at travel.state.gov/content/childabduction/en/legal/compliance.html.
Jewish groups from the 4,650-member Jewish community cited no reports of anti-Semitic acts during the year.
Trafficking in Persons
See the Department of State’s Trafficking in Persons Report at www.state.gov/j/tip/rls/tiprpt/.
Persons with Disabilities
The constitution does not explicitly mention disability. The law provides equal rights for persons with a variety of disabilities, and the Rights of Persons with Disabilities Act 2016 increased the number of recognized disabilities, including Parkinson’s disease and acid attacks. The law set a two-year deadline for the government to provide persons with disabilities with unrestricted free access to physical infrastructure and public transportation systems.
The law also reserves 3 percent of all educational places for persons with disabilities, and 4 percent of government jobs. In June 2016 the Supreme Court directed the government to extend the 4-percent reservation to all government posts. In June a government panel decided that private news networks must accompany public broadcasts with sign language interpretations and closed captions to accommodate persons with disabilities better. The government allocated funds to programs and NGO partners to increase the number of jobs filled.
Despite these efforts, problems remained. Private-sector employment of persons with disabilities remained low, despite governmental incentives.
Discrimination against persons with disabilities in employment, education, and access to health care was more pervasive in rural areas, and 45 percent of the country’s population of persons with disabilities was illiterate. There was limited accessibility to public buildings. A PIL file was pending in the Supreme Court on accessibility to buildings and roads.
A Department of School Education and Literacy program provided special educators and resource centers for students with disabilities. Mainstream schools remained inadequately equipped with teachers trained in inclusive education, resource material, and appropriate curricula.
The Ministry of Health and Family Welfare estimated of the individuals with mental disabilities, 25 percent were homeless.
Patients in some mental-health institutions faced food shortages, inadequate sanitary conditions, and lack of adequate medical care. HRW reported women and girls with disabilities occasionally were forced into mental hospitals against their will.
In June 2016 the Supreme Court directed the government to extend the 4-percent reservation to all government posts.
The constitution prohibits caste discrimination. The registration of castes and tribes continued for the purpose of affirmative action programs, as the government implemented programs to empower members of the low castes. Discrimination based on caste remained prevalent particularly in rural areas.
The term “Dalit,” derived from the Sanskrit for “oppressed” or “crushed,” refers to members of what society regarded as the lowest Hindu castes, the Scheduled Castes (SC). Many SC members continued to face impediments to social advancement, including education, jobs, access to justice, freedom of movement, and access to institutions and services. According to the 2011 census, SC members constituted 17 percent (approximately 200 million persons) of the population.
Although the law protects Dalits, there were numerous reports of violence and significant discrimination in access to services, such as health care, education, temple attendance, and marriage. Many Dalits were malnourished. Most bonded laborers were Dalits. Dalits who asserted their rights were often victims of attacks, especially in rural areas. As agricultural laborers for higher-caste landowners, Dalits reportedly often worked without monetary remuneration. Reports from the UN Committee on the Elimination of Racial Discrimination described systematic abuse of Dalits, including extrajudicial killings and sexual violence against Dalit women. Crimes committed against Dalits reportedly often went unpunished, either because authorities failed to prosecute perpetrators or because victims did not report crimes due to fear of retaliation.
NGOs reported widespread discrimination, including prohibiting Dalits from walking on public pathways, wearing footwear, accessing water from public taps in upper-caste neighborhoods, participating in some temple festivals, bathing in public pools, or using certain cremation grounds. In Gujarat, for example, Dalits were reportedly denied entry to temples and denied educational and employment opportunities.
NGOs reported that Dalit students were sometimes denied admission to certain schools because of their caste or were required to present caste certification prior to admission. There were reports that school officials barred Dalit children from morning prayers, asked Dalit children to sit in the back of the class, or forced them to clean school toilets while denying them access to the same facilities. There were also reports that teachers refused to correct the homework of Dalit children, refused to provide midday meals to Dalit children, and asked Dalit children to sit separately from children of upper-caste families.
In April the supporters of Bhim Army, a lower-caste Dalit advocacy group in Uttar Pradesh, reportedly faced violence at the hands of organized upper-caste Thakur landlords in Uttar Pradesh. More than 50 Dalit houses were reportedly burned and many individuals injured in the violence. In May thousands of Dalits, led by the Bhim Army, staged a demonstration against the violence. As confrontations between the communities escalated, police arrested several Bhim Army activists, including leader Chandrshekhar Azad. State police reportedly did not detain upper-caste participants.
The federal and state governments continued to implement programs for members of lower caste groups to provide better-quality housing, quotas in schools, government jobs, and access to subsidized foods. Critics claimed many of these programs suffered from poor implementation and/or corruption.
Manual scavenging–the removal of animal or human waste by Dalits–continued in spite of its legal prohibition. NGO activists claimed elected village councils employed a majority of manual scavengers that belonged to Other Backward Classes and Dalit populations. Media regularly published articles and pictures of persons cleaning manholes and sewers without protective gear. On March 16, the Ministry of Social Justice and Empowerment stated that there were 12,737 manual scavengers in 13 states and union territories. NGOs maintained the actual numbers were higher.
HRW reported that children of manual scavengers faced discrimination, humiliation, and segregation at village schools. Their occupation often exposed manual scavengers to infections that affected their skin, eyes, respiratory, and gastrointestinal systems. Health practitioners suggested children exposed to such bacteria were often unable to maintain a healthy body weight and suffered from stunted growth.
The law prohibits the employment of scavengers or the construction of dry (nonflush) latrines, and penalties range from imprisonment for up to one year, a fine of 2,000 rupees ($32), or both.
The constitution provides for the social, economic, and political rights of disadvantaged groups of indigenous persons. The law provides special status for indigenous individuals, but authorities often denied them their rights.
In most of the northeastern states, where indigenous groups constituted the majority of the states’ populations, the law provides for tribal rights, although some local authorities disregarded these provisions. The law prohibits any nontribal person, including citizens from other states, from crossing a government-established inner boundary without a valid permit. No one may remove rubber, wax, ivory, or other forest products from protected areas without authorization. Tribal authorities must approve the sale of land to nontribal persons.
Acts of Violence, Discrimination, and Other Abuses Based on Sexual Orientation and Gender Identity
The law criminalizes homosexual sex. The country recognizes Hijras (male-to-female transgender persons) as a third gender, separate from men or women. Lesbian, gay, bisexual, transgender, and intersex (LGBTI) persons faced physical attacks, rape, and blackmail. Some police committed crimes against LGBTI persons and used the threat of arrest to coerce victims not to report the incidents. With the aid of NGOs, several states offered education and sensitivity training to police.
LGBTI groups reported they faced widespread societal discrimination and violence, particularly in rural areas. Activists reported that transgender persons, who were HIV positive, continued to face difficulty obtaining medical treatment.
In January 2015 a high court dismissed petitions challenging the 2013 Supreme Court judgment reinstating a colonial-era legal provision criminalizing homosexual sex. It has since agreed to review that ruling. Additionally, in an August ruling that the country’s citizens have a constitutional right to privacy, the Supreme Court termed sexual orientation “an essential attribute of privacy.”
In February the Ministry of Health and Family Welfare unveiled the 2017 Saathiya Education Plan, resource material related to sex education, which recognized that persons can feel attraction for any individual of the same or opposite sex.
In April K. Prithika Yashini became India’s first transgender individual to join a state police force in Dharmapuri, Tamil Nadu. She was initially denied police service employment until the Madras High Court intervened and ruled in her favor.
In May the Kerala government hired 21 transgender citizens in Kochi, but several weeks later many of the transgender workers quit their jobs, reportedly because of difficulty finding rental accommodation in Kochi due to their gender identities.
HIV and AIDS Social Stigma
The number of new HIV cases decreased by 57 percent over the past decade. The epidemic persisted among the most vulnerable populations: high-risk groups, which include female sex workers; men who have sex with men; transgender persons; and persons who inject drugs.
Additionally, antiretroviral drug stock outages in a few states led to treatment interruption. On April 11, the government passed the HIV and AIDS (Prevention and Control) Bill. The bill is designed to prevent discrimination in regards to health care, employment, education, housing, economic participation, or political representation.
The National AIDS Control Program prioritized HIV prevention, care, and treatment interventions for high-risk groups and rights of persons living with HIV.
The National AIDS Control Organization worked actively with NGOs to train women’s HIV/AIDS self-help groups.
Police engaged in programs to strengthen their role in protecting communities vulnerable to human rights violations and HIV.
Other Societal Violence or Discrimination
Societal violence based on religion and caste and by religiously associated groups continued to be a serious concern. Ministry of Home Affairs 2016-17 data showed 703 incidents of communal (religious) violence took place, which killed 86 persons and injured 2,321.
On July 26, the upper house of parliament issued a statement in response to hate crimes, expressing the need for the Union and the Ministry of Home Affairs to take proactive measures in order to create a heightened sense of security and inclusion for citizens from the northeastern region. In response to a recommendation of the Supreme Court, a committee was established to address such concerns.
The year saw an increase in cow vigilante attacks, typically associated with Hindu extremists. Since 2010 61 of the 63 reported attacks targeted Muslims, and 24 out of 28 of those killed in the attacks were Muslim. According to HRW cow vigilante violence has resulted in the death of at least 10 Muslims since 2015, including a 12-year-old boy. In several instances police filed charges against the assault victims under existing laws prohibiting cow slaughter. According to a report by IndiaSpend, an independent journalism outlet, mob lynchings of minorities took place in Jharkhand, Madhya Pradesh, Rajasthan, and Uttar Pradesh. In the first six months of the year, 20 cow-related vigilante attacks were reported, a more than 75-percent increase over 2016.
According to media reports, on June 22, 16-year-old Junaid Khan was stabbed to death on a train in Haryana by a mob who accused him and his three companions of transporting beef. The Haryana police arrested six accused individuals in connection with the case. On July 9, Maharashtra police arrested Naresh Kumar, the prime suspect in the case, and as of August, four of the six accused had been granted bail.
On September 11, UN High Commissioner for Human Rights Zeid Ra’ad al-Hussein told the 36th opening session of the Human Rights Council he was dismayed by a broader rise of intolerance towards religious and other minorities in the country. He stated, “The current wave of violent, and often lethal, mob attacks against persons under the pretext of protecting the lives of cows is alarming.”