Since 1999, AALI has been intervening in cases of right to choice in relationships and violence against women. In line with the organization’s holistic approach toward addressing issues of particular concern to women, AALI has pursued its casework efforts through a human rights framework. Cases brought to AALI’s Casework & Legal Support team are strategically approached on an individual basis. In addition, the organization supports women who are unable to bear the financial cost of bringing their cases to court.
By designating its legal focus as encompassing the right to choice in relationship decision-making and violence against women, AALI’s Casework & Legal Support team handles a broad range of cases, including inter-caste and inter-religious marriages, honor-related crimes (including cases of acid attack), domestic violence from marital or natal family, forced marriages, child sexual abuse, custodial violence, and rape, among others. In adhering to the organization’s interpretation of the right to choice in relationships, in the past AALI has taken up a same-sex relationship case. Survivors are not turned away as a result of inability to bear any financial cost.
Fact-finding and legal support are critical components of AALI’s casework efforts, as they facilitate the social mediation process and provide key data for lobbying relevant stakeholders. Particularly with respect to honor-related crimes, child sexual abuse, and identity-based violence, fact-finding evidence collected by the Casework & Legal Support team helps to raise the profiles of these issues among media and governmental actors, especially when gauging the level of state response. Much of the data collected by the Casework & Legal Support team for advocacy purposes comes from case analysis and family court data.
AALI’s Casework & Legal Support team engages in outreach to enhance general legal awareness, in particular as pertains to the rights of women against violence and the right to choice in sexual relationships. In addition, it supports AALI’s advocacy efforts through the distribution of literature, as well as by holding public meetings, building rapport with human rights defenders and like minded organizations, and forming linkages with relevant governmental actors.
Key interventions by AALI’s Casework & Legal Support programme include:
To send AALI’s Casework and Legal Support team an e-mail, please click here.
Find laws combating all forms of sexual violence here.
Read more on laws related to domestic violence here and here.
Read more on the right to choice in relationship decision-making here.
[T]he purpose of our holding [in this judgment] is to give the wife’s right to residence a meaningful efficacy as dictated by the needs of the times; we do not intend nor do we propose the landlord’s right to eviction against his tenant to be subordinated to wife’s right to residence enforceable against her husband. Let both the rights co-exist so long as they can.
[T]he Court is convinced that the impugned proceedings have been initiated in abuse of process of the Court and process of the law. A personal grudge against marriage of choice of the daughter is being settled by virtue of initiating impugned criminal proceedings, which would not be permissible in law. Such prosecution would abrogate constitutional right vested in the petitioners to get married as per their discretion.
Before I attended AALI’s trainings on human rights and law, whenever I visited the police station, I used to provide a written complaint to the officers unaware that merely submitting an application is not considered a FIR. Even though I did case work, I never had faith in the police as I got no relief. Then I learnt there is a standard process to lodge an FIR. A number is issued for instance and obtaining a free copy of the FIR is a legal right of the informant. Now when I do casework, I ensure that the complaint gets registered officially and we receive a copy of it. I also now ensure that whenever I visit the police station, it is always entered in the station’s “Visitor Register”, specially in cases where the police do not cooperate in filing a FIR as per her duty.
The core aspect of democracy is the freedom of an individual to be able to freely operate, within the framework of the laws enacted by the Parliament. The individual should be able to order his or her life any way he or she pleases, as long as it is not violative of the law or constitutes an infraction of any order or direction of a duly constituted court, tribunal or any statutory authority for that matter. Amongst the varied freedoms conferred on an individual (i.e., the citizen), is the right of free speech and expression, which necessarily includes the right to criticise and dissent. Criticism, by an individual, may not be palatable; even so, it cannot be muzzled. Many civil right activists believe that they have the right, as citizens, to bring to the notice of the State the incongruity in the developmental policies of the State. The State may not accept the views of the civil right activists, but that by itself, cannot be a good enough reason to do away with dissent.
Testimonial content here.
Arrest brings humiliation, curtails freedom and casts scars forever … The need for caution in exercising the drastic power of arrest has been emphasized time and again by Courts but has not yielded desired result. … Our endeavour in this judgment is to ensure that police officers do not arrest accused unnecessarily and Magistrate do not authorise detention casually and mechanically.
आली द्वारा दिए गए प्रशिक्षण के बाद मुझे अपने काम मे बहुत फायदा मिला है, बाल यौन हिंसा के एक केस मे मदद करने के दौरान मामले की एफ. आई. आर. दर्ज करवाते समय पुलिस से बात करने के बाद पुलिस ने पोक्सो एक्ट की धाराएँ एफ. आई. आर. मे जोड़ी, प्रशिक्षण मे मिली कानून की जानकारी से मुझे यह हिम्मत मिली. आली द्वारा प्रशिक्षण मे दी गई सन्दर्भ सामग्री बहुत उपयोगी है इसे हम पुलिस और वकीलों के साथ इंटरफ़ेस के दौरान साथ ले कर जाते है वहा बातचीत करते समय यह हमे विटामिन की तरह उर्जा देती है.
[W]e are perturbed and anguished to notice that…we do not yet have a fast track procedure for dealing with cases of rape and gang rape lodged under Section 376 IPC. … [T]he recording of evidence of the victim and other witnesses multiple times ought to be put to an end which is the primary reason for delay of the trial. … [This amendment] can surely…reduce the duration of trial and thus offer a speedy remedy.
There is no age bar when it comes to valuing the liberty of a person be she a woman or be he a gent. Even a child has a right to avail of his or her liberties.
On the first blush it may appear quite jarring to certain quarters of the society that by enacting the Protection of Women from Domestic Violence Act, 2005 the legislature has invested a ‘right of residence’ in favour of wives qua premises in which they or their husband admittedly have no right, title or interest and such premises are in fact owned by the relatives of the husband. …[T]he Act does not confer any title or proprietary rights in favour of the aggrieved person as misunderstood by most, but merely secures a ‘right of residence’ in the ‘shared household’. Section 17(2) clarifies that the aggrieved person may be evicted from the ‘shared household’ but only in accordance with the procedure established by law. The legislature has taken care to calibrate and balance the interests of the family members of the respondent.