1. 06/28/13 1
Gender Sensitization in Law
Enforcement : a perspective
Shafeeq Rehman Mahajir, Advocate

2. 06/28/13 2
Sensitization ~ why and for whom
Understand how gender sensitivity would be
in harmony with human rights and dignified
conduct, and what various laws say on the
subject
Supreme Court pronouncements, HMC Act
and Registration Act, Contract Act, etc.
Juvenile justice laws; penal statutes

3. 06/28/13 3
Sensitization therefore must be vis-à-vis
DISABILITY, not mere GENDER
SENSITIVITY the crux, and gender incidental,
DISABILITY SENSITIZATION more appropriate
expression.
Different treatment perception based not
on gender but variables like age, minority,
sex, status, financial worth, education,
understanding, political clout, profession,
motivation, motivation levels, status (victim :
aggressor : witness), “retrieval/salvage” or
“turn” option…

4. 06/28/13 4
Article 14 of the Constitution : Equality
Equality clause : delivering equality : effective
equality : discrimination / reasonable classification :
positive discrimination ; treating people unequally
to secure “level playing field”
Stray children, juvenile offenders, delinquents,
foreigners, women, deliberate offenders, predators,
etc.
Field interaction : “front” or “face” of the force :
foundation laid for all subsequent steps : FIR,
prosecution, counselling, ++

5. 06/28/13 5
Gender : women as a specific issue
Increasing presence of women in all fields of human
endeavour
Men’s absence of exposure, esp. where women
superiors or equal, till recent co-education
Law of averages applies across the spectrum, women
equal participants in crime as well as detection : witnes
protection situations ?
Accusations of ill-treatment likely unless sensitivity shown
in dealing with women – and in our country, women are
always an emotive issue : anything can be “outraging
modesty”

6. 06/28/13 6
Why be careful ?
Specific statutes : provisions : their interplay and
effect : special status conferred on women
Impact : implementation : desirability
Faceless administration’s “face” : take flak
Cutting edge of control, therefore bearing the
brunt : media issues : real-time video coverage
What is the reason for the law being what it is ?
Why are you whatever you are ?
Damned if you do, damned if you don’t !

7. 06/28/13 7
Real life … situations
ACJ Hyd CCC – Contempt Case – Credit from HC –
personal situation
III JCJ : allegations – transfer – demoralization
The Shanakaracharya… sometimes the police is the
functioning arm of a hostile political setup, and is
wrongly perceived as violator of rights : so, damned
if you do… !
Govern, not Rule : why us + them
Create confidence so people see you as a source
of protection and not a source of persecution : so
fair your steps that an arrested man’s family sleeps
soundly

8. 06/28/13 8
Real Life … continued
“as long as we have prisons, it matters little
which of us occupies the cells” : occupying
prison cells : sociological factors everywhere
None can worship God + love his neighbour
on an empty stomach
Wrong messages : the law must take its
course, or what is the message that gets
through ? Gujarat, Naxalites, POTA vs
warning, Union Carbide 80k, Punjab 250k

9. 06/28/13 9
What This Means…
Dereliction of duty : judicial activism : why
blame the police ?
The need of the creator comes before the
need of any possible beneficiary : charity
begins at home... and so does ruthlessness
… and all else !
Sensitivity to variables, flexibility of
approach, understanding the essence and
working from the heart, matter of
perspective

10. 06/28/13 10
Next Steps
We are all parts of a whole, and a chain
is as strong as its weakest links : proper
steps control crime, improper ones
create unrest, bitterness, alienation,
anger, become breeding grounds…
Lead from the front, exemplify what is
desired most in others : Kotwal
Mohammed Jaffer, Syed Riaz, SIs 

11. 06/28/13 11
•Ends ! Thank you for your
attention !!
Shafeeq Rehman Mahajir
Brainstorm Legal, advocates