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(Trigger Warning: Descriptions of rape, sexual assault.)
In August 2023, the case of a school teacher allegedly having raped a 17-year-old multiple times, was reported from Ranchi in Jharkhand. The teacher was accused of filming the act and using the footage to threaten the survivor and her family into silence.
"The moment we found out, we wanted to get an FIR registered. But these things are not easy...Initially, the Police invoked sections which amounted to crimes which were different and less serious from what we described in our complaint," a close relative of the survivor told The Quint on the condition of anonymity.
After an 'overwhelming' process of registering the FIR and following up with the state police, the survivor's family thought of approaching the Jharkhand State Commission for Women to seek help and guidance.
They, however, learnt that the Commission had been defunct since June 2020.
"Having the guidance and support of a women rights body would've helped us during those tough times. We even went to the Commission's office but it was of no use," the survivor's relative said.
As per an answer by the Jharkhand government in the state Assembly on 1 August, the State Commission for Women has been defunct since 6 September 2020. And this has resulted in a backlog of 3,137 cases.
Facing the brunt of the situation, however, are people like the 17-year-old survivor from Ranchi and several other women who would want to approach the Commission to seek help in their fight for justice against sexual violence.
The Quint spoke with survivors, activists, and lawyers to understand why the Jharkhand SCW remains in such dismal condition — without a Chairperson and staff.
Role of The Commission
Set up in 1993 by the government of Jharkhand, the State Commission for Women (SCW) is a statutory body meant to deal with issues concerning women welfare. Such Commissions have been set up in states across India.
Additionally, there is also the National Commission for Women (NCW), which is the apex body advising the central government on all policy matters affecting women. While the State Commissions do work closely with the NCW, the latter does not govern the State Commissions.
As per its website, setting up of the Jharkhand SCW, "was the fulfilment of a long-cherished desire of the people, especially the women of the state, to have an authoritative yet sympathetic forum for listening to and addressing grievances exclusively for women."
The website also lists several roles and responsibilities of the Commission.
These include:
Hearing complaints and arranging for their redressals,
Studying all enactments concerned with women and their rights and giving creative suggestions;
Visiting jails and other detention centres or shelter homes and monitoring their improvement;
Seeing that the different government schemes for women, especially regarding social welfare, health, education, labour, among others, are properly implemented.
"The SCW is a toothless body. It can only act as a mediator and make recommendations. Unlike the courts or even the police, it does not have much power. Hence, the fact that it lies defunct now does not evoke much shock or surprise," Chandrajit Mukherjee, an advocate practising at the High Court of Jharkhand told The Quint.
He added: "Several other Commissions in the state are facing similar issues. These include the Lokayukta, State Information Commission, and the State Human Rights Commission."
In July 2024, while hearing a Public Interest Litigation filed by the Advocates' Association, the Jharkhand High Court directed the government to fill vacant constitutional posts in three weeks' time.
The state is currently governed by Hemant Soren-led Jharkhand Mukti Morcha (JMM)-Congress alliance.
"Unlike several other Commissions, the Women's Commission is not headed by a retired bureaucrat or judge. The appointment is political in nature and that often leads to delays," Advocate Mukherjee explained.
In its reply in the state Assembly, the government said that the reconstitution of the State Commission for Women is under "consideration".
'Poor and Marginalised Are The Most Affected'
Chhandosree, founder of the Live Foundation, an NGO working with women, farmers, and other vulnerable communities in Jharkhand, said that the role of a body like the State Commission for Women is not limited to helping survivors of gender-based violence.
"That, of course, is one part of their job. But bodies like these are also meant to empower women and educate them about their rights. Not having a functional Commission for Women affects those on the margins the most. These include elderly women, adivasi women, and the poor," she said.
In absence of a functional SCW, NGOs such as the Live Foundation have attempted to fill the gap but activists say that this might not be enough.
"We need to understand that even under normal circumstances, women coming from the marginalised communities are scared to approach the authorities, including the police. The fear is worse when in cases of sexual or domestic violence. In such situations, people from the Commission play a crucial role...or at least they used to, till it was functioning," Chhandosree explained.
She added that in several people don't want to approach the police at all. "The Commission used to act as a mediator (in such cases) and would solve the dispute at their end," she said.
Crime Against Women in Jharkhand
As per data released the National Crime Records Bureau (NCRB) in 2023, Jharkhand recorded highest number of cases in the country under the Dowry Prohibition Act. NCRB data shows that in the year 2022, a total of 1,550 cases related to women harassment were reported in Jharkhand. In the year 2021 its number was 1,350.
Statistics also show that cases of domestic violence increased in Jharkhand due to family disputes, in which maximum violence has happened against women. Cases like divorce and dowry deaths spiked significantly.
Pending Appointments in Commissions Across India
State Commissions for Women across India are facing challengers similar to the one in Jharkhand. The National Commission for Women, on its website, has details of the Chairperson and other officials appointed at SCWs across India.
As per the NCW data, the position of SCW chairperson is vacant in states and Union Territories (UTs) including Gujarat, Jammu and Kashmir, Madhya Pradesh, Punjab, Delhi, Uttar Pradesh, and Puducherry.
(The Quint has reached out to the Government of Jharkhand for a comment. This story will be updated when we hear from them.)
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