The Nagaland State Commission for Women (NSCW) organised an Awareness Program on the Functioning of Legal Aid Cell on 5 September 2024 at the Red Cross Conference Hall in Kohima. Legal Aid Cell was established in 2022 to provide easily accessible support, acting as a single-window facility for resolving grievances and offering free legal assistance.
At the program, Legal Consultant Apila Sangtam observed that society has become accustomed to forgiving domestic violence and underscored the importance of recognizing acts of such cases which encompass physical violence, sexual violence, verbal abuse, emotional violence, and economic violence.
She noted that in Nagaland, 70 percent of domestic violence cases involve verbal and emotional abuse, and there are even instances where women physically assault other women.
Sangtam mentioned that many Naga women wish to file complaints but often hesitate to pursue formal cases, leaving them feeling lost. There are cases where women file complaints against their husbands or abusers, only for family members or other interested parties to withdraw the cases on the victim’s behalf, she added. Moreover, some women return repeatedly as the abuse continues even after withdrawal.
Men need to be aware of offenses
The legal consultant 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. Given that most perpetrators are men, it is essential for them to comprehend their actions and the offenses they commit, Sangtam said.
She 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 highlighted the rules and procedures to follow while reporting such cases. She said that it is 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.
Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, 2013
The legal consultant highlighted that the POSH Act 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 emphasized the importance of having women representatives in every department to assist victims of abuse through NGOs.
False report
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.
Protection of Children from Sexual Offences Act, 2012
Sangtam said that the POCSO Act 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 14 November 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. Importantly, 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.
Victims 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.
W. Nginyeih Konyak, Chairperson of the NSCW, highlighted in her keynote address that this awareness program aims to create an environment where Naga women can live safely, with dignity, knowledge 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 30 November 2006, under the Nagaland Women Commission Act of 2005, and was officially inaugurated by then-Governor Shankarnarayaman on 26 March 2007.
The mission of NSCW is to create State-wide awareness of women rights to access legal protection and redressal in situations where their rights are being violated, to reach Naga women for all backgrounds, rural or urban with information about the assistance and guidance available at NSCW, to enlighten Naga Women on equal opportunities in all areas of life and to provide help to women victims of sexual harassment in the workplace, human trafficking, prostitution, blackmail, cyber-crimes and domestic abuse.
She added that the main objective and aims of this Legal Aid Cell is to make justice accessible to all women victim’s, victims of domestic violence, sexual harassment, attempt to rape, cyber crime victim. fraud etc.. To gives free legal advice and assistance to the weaker section of the society who is the weaker section of the society Women.
The program was chaired by Akokla Longchar, Member, NSCW and Kekhrienuo Meyase pronounced the vote thanks.
