An Awareness program on the functioning of Legal Aid Cell was organised by Nagaland State Commission for Women (NSCW) on September 5, at Red Cross conference hall Kohima.
Addressing the programme legal consultant NSCW, Apila Sangtam mentioned that a Legal Aid cell was established in 2022 to provide accessible support, serving as a single-window facility for resolving grievances and offering free legal assistance.
She also highlighted the importance of identifying acts of domestic violence, which can include physical violence, sexual violence, verbal abuse, and emotional violence and economic violence. Apila stated that more than 15 cases been received, while some cases have been resolved, others are still pending.
She informed that many Naga women desire to file complaints but hesitate to register formal cases. She pointed out that there are instances where women register complaints against their husbands or abusers, only for family members or other interested parties to withdraw the cases on behalf of the victim.
Additionally, some women return repeatedly as the abuse continues even after withdrawal. Apila Sangtam stated that society has become accustomed to forgiving these situations, leading to division when discussions about holding offenders accountable arise.
“In Nagaland, 70 percent of domestic violence cases involve verbal and emotional abuse, and there are instances where women also physically assault other women,” she informed.
She stressed that men should participate actively in these activities and workshops, as they are an integral part of society.
Apila explained that individuals can file cases against domestic violence perpetrators in the court of the Judicial Magistrate of First Class, depending on where the offender permanently or temporarily resides, conducts business, or is employed, as well as where the cause of action occurred. She added that victims can seek orders or relief through various avenues, including Protection Officers, service providers, police stations, magistrates, or medical facility personnel.
Sangtam also informed that there are rules and procedures to follow. It’s important to report any abuse immediately, or within three days, after which the first date of hearing will be set.
The Protection Officer must serve notice to the respondents within two days. If necessary, ex-parte or interim orders may be issued, and the magistrate shall aim to resolve the case within 60 days from the date of filing. Appeals can be made to the court of sessions within 30 days of receiving the order.
The legal consultant also emphasized that men need to be aware of these offenses and recognize them, making it essential for them to participate in training programs and events as well. She highlighted the issue of sexual harassment of women in the workplace, noting the Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, 2013, commonly known as the “POSH Act.”
This Indian law aims to create safer workplaces for women by preventing, prohibiting, and addressing acts of sexual harassment. It applies to all government establishments as well as semi-private sectors, hospitals, and sports academies. She stated that within every establishment, if the number of employees is 10 or more, forming an Internal Committee (IC) is mandatory.
Additionally, each district must have a Local Committee (LC) established by the District Collector, allowing aggrieved women to approach the IC. In cases where there is no IC or in the unorganized sector, the appropriate measures should be taken forum is LC, if the complaint is against the chairman, top boss of the establishment, LC to be approach.
She also stressed on the importance of having women representatives in every department to assist victims of abuse through NGOs. Additionally, she noted that some women may falsely report incidents of abuse, highlighting the need for effective fact-checking and oversight. Under Section 9 of the Act, complaints must be filed within three months from the date of the last incident.
Regarding the Protection of Children from Sexual Offences (POCSO) Act of 2012, it was established to safeguard children against sexual assault, sexual harassment, and pornography, while ensuring a child-friendly trial process for these offenses. The Act came into force on November 14, 2012, and defines a “child” as anyone under the age of 18 years.
She outlined the procedures for reporting cases, stating that under Section 19, individuals can report to the Special Juvenile Police Unit or local police. Notably, no one can incur any civil or criminal liability for providing information in good faith. Section 21 addresses the consequences of failing to report or record a case, with penalties that may extend to six months of imprisonment or a fine.
In the case of the responsible individual at a company or institution failing to report, the punishment may extend to one-year imprisonment and a fine. Victim may receive interim compensation for immediate relief and rehabilitation.
The special court designated to handle offenses under this act is the Court of Session, and assistance can be sought through CHILDLINE at 1098. She emphasized that disclosing the identity of a minor is illegal. Furthermore, she expressed concern that Nagaland is no longer safe for children, regardless of gender, citing numerous cases of abuse occurring even within schools. Out of 23 reported cases last year, 18 of the perpetrators were known to the victims.
NSCW chairperson, W. Nginyeih Konyak, highlighted in her keynote address that the awareness program aims to create an environment where Naga women can live safely, with dignity, be aware of their rights, and the freedom to pursue their chosen careers.
The Nagaland State Commission for Women (NSCW) was established by the Government of Nagaland on November 30, 2006, under the Nagaland Women Commission Act of 2005, and was officially inaugurated by then-Governor Shankarnarayaman on March 26, 2007.
She added that the main objective and aims of this Legal Aid Cell is to make justice accessible to all women victims, to give free legal advice and assistance to the weaker section of the society. Earlier, NSCW member, Akokla Longchar chaired the program, Kekhrienuo Meyase delivered the vote thanks.