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.
A girl who has attained the age of discretion and was on the verge of attaining majority and is capable of knowing what was good and what was bad for her, cannot be said to be a victim of inducement. … In such circumstances, desire of the girl/victim is required to be seen.
The caste system is a curse on the nation and the sooner it is destroyed the better. In fact, it is dividing the nation at a time when we have to be united to face the challenges before the nation unitedly. Hence, inter-case marriages are in fact in the national interest as they will result in destroying the caste system. However, disturbing news are coming from several parts of the country that young men and women who undergo inter-caste marriage, are threatened with violence, or violence is actually committed on them. In our opinion, such acts of violence or threats or harassment are wholly illegal and those who commit them must be severely punished. This is a free and democratic country, and once a person becomes a major he or she can marry whosoever he/she likes.
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.
Testimonial content here.
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.
[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.
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.
We are of the opinion that the liberty to move, mix, mingle, talk, share through company cannot be substantially curtailed and the action taken was totally violative of Article 21 of the Constitution. …[W]e are of the opinion that the action of the Sub-Divisional Magistrate was not only arbitrary but there was total deprivation of the personal liberty of the petitioner, which was issued without any authority of law.
[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.
We sometimes hear of “honour” killings of such persons who undergo inter-caste or inter-religious marriage of their own free will. There is nothing honourable in such killings, and in fact they are nothing but barbaric and shameful acts of murder committed by brutal, feudal-minded persons who deserve harsh punishment. Only in this way can we stamp out such acts of barbarism.