A Report on Burns violence against Women

1.       Background:

When the news of a woman named Dhengani Devi burnt alive as a result of accusation of so called witchcraft at Bagauda VDC of Madi Chitwan spread all over Nepal, this drew our attention to choose a specific topic related to this issue as a topic of our seminar paper. This breathtaking news compelled us to think about those women who are or may be victimized in near future from such brutal form of violence against women despite their innocence. Violence against women is present in every part of the globe and has given the top priority to be discussed by most of the social agency settings. UNICEF has categorized violence against women and girls in South Asia into six main categories:
                                  i.            Sexual abuse
                                ii.            Incest and rape by family members and others
                              iii.            Recruitment by family members into prostitution
                              iv.            Neglect by family members, even to the point of death
                                v.            Feticide and Infanticide
                              vi.            Dowry demand and wife abuse
This clearly shows that 'Burns Violence' has not been mentioned anywhere within the category of violence against women. This severe form of violence against women seems to have been unnoticed. In this context, it is needed to bring the issue forward which is still unnumbered in comparison to other forms of Violence against Women despite its severity. Putting all these things into consideration, the seminar paper is presenting and addressing social issue on  "Burns Violence against Women."
The paper presented here deals with the topic "Burns Violence against Women." The topic is discussed by further dividing it into different sub-topics so that it will become easier to analyze the issue in a more systematic manner. Hence, the paper here will be dealing with the general introduction of the topic with its various forms in first part along with the world scenario and national scenario. In the world scenario, different relevant data and figures, laws and policies will be mentioned. Likewise, the national scenario will be containing the national laws and policies against this form of violence with the national data. It also will be representing the ongoing programs to help prevent burns violence against women in Nepal.The next part will be including recommendations for various concerned authority like NGOs/ INGOs, working on the issue and also to the law making body. Next will be the conclusion followed by reference at the end.



1.1  Introduction of burns violence against women:
It kills more young women than cancer. It affects one in three women worldwide. It leaves women mentally scarred for life. "IT" is burns violence against women and girls.
-BBC World, 2009

Burns violence against women is a form of domestic violence and it describes an attack against an individual with fire or any other inflammatory materials that often results to severe burns and sometimes may result to the death of the individual as well. It is practiced mostly by the male members against the female members and hence, burns violence is also a form of violence against women which is based on gender inequality.
Throwing acid or burning them are forms of violence rooted in gender inequality, but the immediate reason for this is often disputes concerning marriage and dowry.
Burns violence constitutes a major public health problem, especially in low and middle income countries where over 95% of all burn death occurs. Fire-related burns alone account for over 300 000 deaths per year, with more deaths from scalds, electricity, chemical burns and other forms of burns.
- Dr. Krug, 2008
Deaths are only part of the problems for every person who dies as a result of the burns violence; many more are left with lifelong disabilities and disfigurements. For some, this means living with the stigma and rejection that all too often comes with disability and disfigurement.

1.2 Forms of burns violence:
Practice of burns violence against women takes place either in the form of stove burning or in the form of acid attacks. So it is important to understand these two different forms of burns violence if we are to understand what burns violence against women actually is.
Ø  Stove Burning:
Burning of women by dousing them with kerosene oil or other inflammable substance, and setting them on fire inside their homes is generally known as stove burning. This form of violence can be committed for a number of reasons including dowry related matters. The relatives or the in-laws of the victim claim that she was burnt accidently while cooking or committed suicide. There are rarely any episodes of 'stove burning' involving unmarried girls who are living with their parents.
-          Minallah and Durrani, 2008 (Pg.23)

This clarifies that burns violence against women occurs with only those women who are married and is practiced by her husband or in-laws.
Stove burning is associated with many different forms of discrimination and violence against women and has, to date, frequently been ignored by law enforcement authorities due to the ability to present the violence as an "accident".
-          Expert group meeting, May,2009 (21-22)

The issue of stove burning persists due to a history of lack of evidence to indict the culprits. Domestic disputes and the failure to produce a male child can also result in stove burning.
-           Minallah and Durrani, 2008 (pg.23)

Ø  Acid Attacks:
Acid attack describes an attack against an individual in which sulphuric, hydrochloric, or nitric acid is employed as a weapon to cause severe burns. The results are permanent disfigurement, often blindness and sometimes hearing loss, depending on where the acid falls.
-           Wesson, 2002 (pg.2)
Around 80% of acid burn victims worldwide are female and almost 40% are under the age of 18.
-Bahl, Taru and Syed, 2004
Acid attacks are usually carried out by men against women who refuse to marry them or turn down their sexual advances.
-Naved.... pg. 19
Acid and burns violence against women and girls is prevalent in countries where regulatory monitoring and controls are weak, and where the judiciary, lawyers and the police have limited knowledge on the appropriate laws to prosecute perpetrators. In addition to the physical pain and psychological trauma, survivors face social isolation and ostracism, damaging their self-esteem and undermining their professional, economic and personal futures.
-          ZISVAW Program (2010-2012)
More than half of all fire-related burn deaths occur in South East Asia; two out of three of these deaths are among females. Women in South-East Asia have the highest rate of burn mortality worldwide, those aged 15-45 years account for 26% of global fire deaths and those aged 15-29 have a death rate of 26 per 100000.
-          WHO, 2002
1.3.   Immediate Causes of Acid Attacks:
A baseline report on Violence against Women in Bangladesh prepared by Naripokkho and Bangladesh Mahila Parishad and coordinated by International Women’s Rights Action Watch Asia Pacific (IWRAW Asia Pacific) has mentioned some of the immediate causes of acid attacks which are as follows:
Male ego and problems in dealing with rejection is an important cause of acid throwing. Refusal of love, marriage proposals and family disputes are three major causes of this type of violence. After marriage when dowry demands are not met, brides may become victims of acid throwing.
Other causes of acid throwing include family dispute, protest of husband’s second marriage, failure to misappropriate of wife’s wealth, sterility, and getting divorce from wife, refusal of sexual relationship, failure to kidnap, the woman not being agreeable to prostitution and the woman’s refusal to agree with husband’s second marriage.
Thus, both stove burning and acid attacks are the forms of burns violence against women that describe serious violation of women's human rights and these forms of violence are seen mostly in the Asian countries especially in the Hindu and Muslim communities.

Figure 1: Types, Causes and possible victims of burns violence against women






 
2.      Burns Violence against Women - The Global Context:
In the world context, acid attack is the most common form of burns violence against women. However, it also takes place in the form of stove burning especially in the South Asian countries.
According to a baseline report, 'Violence against Women in Bangladesh' prepared by Naripokkho and Bangladesh Mahila Parishad, the first documented case of acid attack occurred in 1983 in Sylhet, Bangladesh.
 In some parts of the countries, there have been a growing number of incidences in which families harm a woman by burning her and then portray the incidence as an accident in order to avoid punishment. These incidents take place in relation to dowry disputes; they may also be associated with other forms of violence and discrimination against women more generally, such as anger at a woman for failing to give birth to a son.
In recent years, there has been a growing occurrence of attacks against women using acid. The main reasons of these acts of violence have reportedly been dowries, refusal of marriage, love or sexual proposals. While such attacks have been most common in South Asia, they have been reported in a range of geographical locations including Africa and Europe. As the motivation of such violence varies, it is important to include legislation a broad definitions focusing on the modality of the crime, rather than the specific motivation.
                                                                    - Expert group meeting, May, 2009 (21-22)

2.1. Burns Violence against Women: A Fact Sheet
Acid attacks occur throughout the world, including in the United States. However, Bangladesh, Cambodia, and India have some of the highest recorded incidence of acid violence. According to Acid Survivors Foundation (ASF) Bangladesh, there have been 3,000 reported acid attack victims in the country since 1999. A search of Indian newspapers found 153 reported cases of acid violence from January 2002 to October 2010. According to data gathered by the Cambodian Acid Survivors Charity on people treated in hospitals for acid attacks, there have been 271 acid violence victims between 1985 and June 2010 in Cambodia. Governments in these countries do not keep official statistics of acid attacks, and there are likely many more attacks than these figures reveal.
-Combating Acid Violence in Bangladesh, India and Cambodia, 20 Dec, 2010
 In Bangladesh, in 2000, 74% of survivors were women of whom 64% were attacked because they repelled unwanted offers of marriage or sexual advances. 1999 reports indicate that 52% of survivors were under 20 years of age, and in 2000, 27% were women under 18 years of age. In 1998, there were an estimated 130 attacks. In 1999, the number was thought to have risen to 136 and in 2000, it had increased to 221.
-           Wessen, 2002 (pg. 2)
Cambodia: according to the government spokesperson in 2009, up to 40% of women in Cambodia are affected by domestic violence. An estimated 100 cases of acid related burn violence cases occur per year.
-ZISVAW Program, (2010-2012)
Uganda: 17% of all burns requiring admission over an 18 month period to New Mulago Hospital, Kampala resulted from acid assault, just over 50% of victims were women.
- ZISVAW Program, (2010-2012)

2.2   Laws/policies against burns violence in the world context:
If we study different burn cases prevalent in most of the countries of the world, we can find out that there are no specific laws or policies against such violence.
 Burns violence either stove burning or acid attack, is associated with many different forms of discrimination and violence against women and has to date, frequently been ignored by law enforcement authorities due to the ability to present the violence as an "accident."
In 2008, in follow-up to the Secretary-General’s in-depth study on violence against women and General Assembly resolution 61/143 (2006), the United Nations Division for the Advancement of Women (DAW/DESA), in collaboration with the United Nations Office on Drugs and Crime (UNODC), organized an expert group meeting on good practices in legislation on violence against women. The meeting was held in Vienna, Austria, from 26 to 28 May 2008. It developed a model framework for legislation on violence against women, including detailed recommendations addressing stove burning as well as acid attack.


2.2.1        Stove Burning:
Legislation addressing burns violence should include the following elements:
·         Legislation should define burn violence as a specific offense of premeditated killing or infection of bodily harm on a woman through the use of fire, kerosene oil or other stove related matter.
·         Legislation should impose criminal penalties on anyone who commits the offense of burns violence especially including family members among those who mainly penalized.
·         Legislation should penalize those who aid and abet this harmful practice, and should include family members among those who may be penalized.
·         Legislation should impose a duty upon medical providers to report to law enforcement authorities any case of serious bodily harm or death of a woman caused by fire, kerosene oil or other burns related matters.
·         Legislation should mandate that police officers investigate any such case reported by medical providers.
·         Legislation should provide for penalties of prison time, fines and education.
·         Legislation should provide that sentencing guidelines reflect the gravity of the offense.
·         Legislation should provide for enhanced penalties if a victim dies as a result of burning violence. The perpetrator under the murder statutes of the penal code. The specific law on burns violence should provide a term of imprisonment and fine which is no less severe than what is provided under the murder statutes of the general penal code with the expectation of capital punishment.
·         Legislation should establish and fund public awareness campaigns and trainings for all sectors about this harmful practice and its consequences.
·         Legislation and other practices that perpetrator this harmful practice such as honor crimes should be amended or abolished.
·         Legislations should allow survivors of burns violence and the parents, siblings or children of deceased victims to pursue civil remedies against the perpetrators, and
·         Legislation should provide legal medical and other types of rehabilitations services of survivors of burns violence.

2.2.2        Acid Attacks:
Legislation should:
·         Define an acid attack as any act of violence perpetrated through an assault using acid.
·         establish a specific offence for acid attacks,
·         criminalize the unlicensed sale of any type of acid,
·         regulate the sale of any type of acid; and
·         mandate medical personnel to report to police any case of bodily harm caused by acid.

3.       Burns violence against Women – The National Scenario:
Burns violence is the leading cause of death among women in Nepal aged 15-49. 16% of all women's deaths are from suicides- half following burns violence.
-Zonta International Foundation,

Burns violence whether from an acid attack, a homicide or a suicide attempt is a deeply tragic form of violence, with serious long term physical and psychological consequences.
- Marston, 2012
The plight of hundreds of women horrifically scarred by savage acid attacks in Nepal can be revealed today. Many are deliberately targeted by husbands in so-called dowry violence in an attempt to extort money from their family.
- Morrison, 2012
Burns violence against women and girls is prevalent even in our country Nepal especially within those people with low socio-economic background in high rate. Though both forms of violence prevails in Nepal, the most common form of violence is stove burning where a husband or his family members douse his wife with kerosene oil and set her on fire. It may take place as a result of wife's failure to fulfill dowry demands made by her in-laws or to give birth to a male. In most cases, the incident is reported as an accident to avoid punishment. Some of the cases also include burning of a woman alive by her own relatives of accusation of so called witchcraft.

 3.1. Burns Violence against Women in Nepal: A Fact Sheet
A study of 150 burns violence cases at Kathmandu Hospital (2004-2008) found that 83% were women of low socio-economic status, 50% just literate, and 96% had suffered kerosene burns.
-ZISVAW Program, (2010-2012)
A 2005 study in Nepal revealed that 95% of women in eight districts experienced burns violence. The Nepalese civil code (muluki ain) does contain provisions related to gender- based violence, but is dependent on interpretation and has shown to be ineffective.
- ZISVAW Program, (2010-2012)
3.2.   Consequences for burns survivors in Nepal:
Burns survivors are consequently loaded with the double burden of their previous daily agony, along with the pain, suffering and stigma that comes with their scars. Analyzing their situation after burn injury, Help Society Nepal, 2001 has described some of the serious consequences faced by burns violence survivors in Nepal. They are as follows:
·         Social:
The stigma that a burns survivor will suffer in Nepal is usually very different to that of a burns survivor in western countries. In Nepal a women who has been left physically scarred after an accident is often regarded by those around her as dirty and polluted. Society sees her as having been left unclean by her injuries and is consequently rejected by them through their fear of contamination. This leads to further rejection which in turn creates total isolation and an inability to integrate into society.
·         Psychological:
All of the above produce social stigma and isolation which can produce extremely low self esteem, feelings of self hatred and a fear of leaving the house in anticipation of the hostile reactions she may receive, consequently creating isolation and an inability to integrate into society.
·         Physical:
Women suffer a lot of physical pain during and for a long time after burns violence. They are left with serious scars on their bodies which, depending on the severity of the burns, can be disabling to the extent that she is incapable of performing simple tasks like washing and dressing herself without assistance. This leaves her incapable of working and totally dependent on others.
·         Health and hospitals:
There is a distinct lack of medical care in Nepal. Private hospitals are too expensive for the average Nepali to afford and public hospitals are short on staff and resources. In remote rural areas conditions are worse where it can take up to three to four days to reach the nearest hospital and even on arrival they are not assured immediate attention.
For burns cases, the situation is particularly bad with many hospitals having no doctors at all that have had the necessary training to treat such injuries. Even in public hospitals medical treatment is extremely expensive and waiting time can be up to a number of days.

3.3.   Laws/policies addressing Burns Violence against Women in Nepal:
The Nepali legal system does not provide an effective remedy to women subjected to burns violence. This shows that there is no specific law against burns violence against women in Nepal.
Perpetrators of domestic violence are generally not prosecuted in the Nepali criminal justice system. The National Code does not require the state to prosecute the crime of assault.
-Domestic Violence in Nepal, 1998
Women rarely report incidents of burns violence to the police. Even if a report is made, an arrest is very unlikely and police usually encourage the woman to settle with her partner or her in-laws. This in return encourages such violence. Unless domestic violence rises to the level of murder or attempted murder, state prosecutors will generally not pursue the cases.
Despite the efforts of several non-governmental organizations and a few police authorities to change law and policy in Nepal, the Nepalese government seems unworried about the widespread burns violence against women.
”Nepal must take all appropriate measures, including legislation to modify or abolish existing laws, customs or practices which constitute violence against women."
-The Women's Convention (pg.24)
The Universal Declaration of Human Rights protects the fundamental right to live without violence and abuse. Article 3 of the Universal Declaration recognizes the right of all people to life, liberty, and security of person. Additionally, Article 5 provides that "no one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment." Around the world, domestic violence threatens the lives, liberty, and security of women. The violence many women face in their homes can aptly be described as torture or cruel, inhuman and degrading treatment. Article 3 and Article 5 of the Universal Declaration is generally regarded as customary international law. Nepal, like other governments, must therefore take steps to combat domestic violence in order to protect women's fundamental right to be free from violence.
-Domestic Violence in Nepal, 1998

3.4. Programs supporting Burns Survivors in Nepal:
§  SKM is a private, German funded hospital 15km outside of Kathmandu which currently has the best facilities for burns patients in Nepal. They offer financial assistance to low income families.
§  Burns Violence Survivors Nepal (BVS-N), a non-profit organization at Ekantakuna, Lalitpur has been supporting the survivors of burns violence. It has been working with partners to provide quality medical and psychosocial care, whilst also promoting legal advocacy, vocational training and long term prevention strategies.
§  Zonta International Strategy to End Violence against Women Program seeks to reduce the incidence of violence against women and girls by changing personal and / or political knowledge, attitudes and behaviors contributing to violence against women. Since the program's inception in 1999, more than US $ 2 million has been provided to support 33 projects in more than 20 countries.
-          ZISVAW Program (2010-2012)





4.      Recommendation:
There is a need of recognition at the national level of the issue. Burns violence against women has been unnoticed by the government due to which this kind of violence has been taking place in most parts of the country. So, this kind of violence should be criminalized and Government should implement strict rules and laws against those who practice this kind of violence.
There should be enough educational programs in all societies and cultures, both for women and men at the same levels. Awareness programs should be conducted for both women and men to prevent burns violence against women. It should be done by using the human resources like nurses, doctors and psychologists, working under governmental and non-governmental organizations (NGOs). This could easily be done either by direct or indirect teaching. The direct methods would include one to one teaching, counseling, or group based teaching. Indirect methods would involve the use of media, pamphlets, role plays, drama and talk shows that will help people understand that committing such violence is a crime and it should be ended.
The government should promote legal advocacy, vocational training and long term prevention strategies for the burnt survivors. This will foster co-operation among those involved. The individuals include: NGOs, police, judiciary, health officials, elected officials, women counselors and local women leaders and community members including survivors, victims' neighbors, and community based organizations and journalists. The government should require special training for medical professionals to identify potential cases of burns violence against women and to provide referrals to the police and other appropriate organizations. Then only burns violence against women can be checked.
The Ministry of Women should include the eradication of burns violence as part of its mission. The Ministry of Women should work in concert with the Ministries of Justice, Health and Education to eradicate burns violence, to provide support to non-governmental organizations who work on burns violence, to support shelters for victims of burns violence, and to engage in such other activities the Ministry finds necessary or helpful in the eradication of burns violence.


 5. Conclusion:
As a whole, burns violence is a serious issue and it needs a serious evaluation by the concerned authorities. It not only harms women physically, but also leaves deep psychological impact on the victim. Even their communities and the nation as a whole are affected by burns violence against women. Thus, local level services and communities could play a central part in raising awareness among the public to prevent this violence. But there is still a limited knowledge about what interventions are most effective for the prevention of burns violence. In this regard, activities like research and information dissemination, training, media programs and concerted actions can play a significant role to help prevent such crucial form of violence against women. To openly debate this subject can be another way to reduce society’s tolerance towards burns violence against women. Moreover, it is important that legislation defines burns violence broadly so as incorporate all incidence of violence against women which are perpetrated through the use of acid, fire, kerosene oil and other burning related matters. Then only the burns violence against women can be checked.


6. Plight of victims of Burns Violence against Women
In Nepal
Burnt Woman dies.
Lamjung: Ritu Tamang, 16, who was burnt by her husband in Besishar, district headquarters of Lamjung, two weeks ago, died in the course of treatment at Bir Hospital on Friday night. A permanent resident of Pathari Village Development Committee Ward No 5 in Morang district, Purna Limbu had poured kerosene over her body and set fire to her, following a minor quarrel between the two. Her kin brought the body to Lamjung on Saturday and performed last rites; police said Ritu was married two months ago.   
*Ritu and Purna had an inter-caste love marriage.
*He is in prison now.
*She suffered 90 +% burns to her whole body.

Source: (The Himalayan Times, Sunday, January 3, 2010).

Sadina Khatun was breastfeeding her baby near Biratnagar last year when her husband Mohamad Aslam poured acid on her accusing her of having an affair. Both Sadina and her baby were badly burnt. Her husband was arrested the very night of the attack, but was released on bail by the Biratnagar appellate court. “My husband is walking around as if nothing happened,” says 20-year-old Sadina who now lives with her parents, “I have no money to take care of my daughter. Please help me to force him to compensate me.”

Rita Debi Mahato was attacked last year by four men who accused her of having an affair. Her right eye was destroyed and one year later her face is still deeply scarred and wounds on her chest are suppurating. Police still haven’t caught the perpetrators although they are well known locals.

Palsi Debi Yadav, 17, was doused with acid by her husband and father-in-law who said she didn’t bring enough dowries. Palsi Debi’s family complained to police, but her in-laws forced her to withdraw it.

Source: From Issue #349 (18 May 07 - 24 May 07)
(Nepali Times)

7. References:
                    i.            BBC World. (2009). Facets of Violence against Women. Gender Justice and Protection Project.
                      ii.            Expert Group Meeting. (2009). Good Practices in Legislation on Harmful Practices against Women, 21-22.
                iii.            Minallah, S., Durrani, A. (2008). Facets of Violence against Women. Gender Justice and Protection Project.
                 iv.            Naved, R.T., A situational analysis of violence against women in South Asia- A regional analysis, 19
                       v.            Wesson, K. (2002). A situational assessment study of acid violence in Bangladesh. Research round up.
                        vi.            Krug, E. (2008). A WHO Plan for Burn Prevention and Care, 5.
                    vii.        Zonta International Strategies to End Violence against Women Program. (2010-2012). Towards a Comprehensive Strategy to End Burns Violence against Women in Cambodia, Nepal and Uganda.
            viii.            The Women's Convention. (1998). Domestic Violence in Nepal.
                ix.            Morrison, J. (2012). Shocking plight of victims of barbaric acid attacks in Nepal. Republica the Week.
                  x.             World Health Organization. (2008). Burn Prevention and Care. Retrieved from http://www.who.int/violence_injury_prevention.
                xi.             http://www.unfpa.org.np/pub/vaw/VAW_REG_Analysis.

(Reported by : Uma Adhikari)



     

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