woman confronts a situation where the marriage is considered void with no legal consequences. A simple
amendment to the registration of marriage procedures has been recommended in the Family Law Reform
Report 2010, requiring reference to the identity card of parties. This can prevent serial Bigamy which
impacts on the lives of women.
Responsible State Agencies : Ministry of Justice, Ministry of Public Administration, Ministry of Women’s
Affairs, NCPA
2. Work Place Abuse
Labour law regulations enforced through a procedure of labour inspection of places of employment covered
by labour laws have helped to prevent and control work place GBV, to some extent in the formal sector.
However in unregulated areas of work GBV manifests in verbal abuse, poor working conditions such as
denial of toilet facilities, and sexual harassment. These have to be addressed as offences in the Penal Code
as GBV causing non-fatal injuries, or sexual harassment and violence.
Though maternity leave legislation is generous, non-formal sector workers are denied these benefits.
Labour inspection procedures can also be ineffective to respond to hidden pressure from employers in
the private sector in recruiting or retaining staff who are or become pregnant. These dimensions of weak
enforcement have not been addressed in a review of the current system of labour inspection.
Responsible Agency : Ministry of Labour, Ministry of Justice, Ministry of Health, Family Health Bureau,
Ministry of Women’s Affairs, NCPA
B. PROCEDURE AND PRACTICE
Criminal Law and Procedure
Co-ordination in prosecution between the police and the Attorney General’s Department has been
highlighted as a need, and the time may have come to introduce mandatory guidelines for initial stages of
investigation and prosecution, including the concept of a First Information Report (FIR) that is used in other
South Asian Countries.
Forensic procedures need to be strengthened in collaboration with professional medical associations,
as this is a deficit in administration of criminal justice, especially in cases of sexual offences, though some
work has been done to improve the environment.
The concept of privacy rights familiar to civil wrongs needs to be recognized generally, but this is a
problem, as it requires Constitutional amendment. A privacy right has been introduced for the first time
indirectly in reference to the Right to Information Act introduced by the 19th Amendment. This is a priority
area for constitutional reform.
The Law of Evidence needs to be reformed to prevent aggressive and unfair prosecution of a victim
of sexual violence, and eliminate the principle that independent corroboration is required of the victim’s
evidence for a conviction.
There is inordinate delay in both criminal and civil trials. “Fast track” procedures on the lines introduced
in India may be required for grave crimes of physical and sexual violence, and the initial procedure of a
“Non- Summery” court investigation before prosecution in a criminal trial, reviewed.
Sentencing guidelines are urgently needed to prevent the current practice of suspending sentences after
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COMPENDIUM ON LAW, GENDER BASED VIOLENCE AND REPRODUCTIVE RIGHTS