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.
(Reported by : Uma Adhikari)
Comments