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dalits

By Ritika Khatri

Food has a magical effect on people. When we are having a terrible day, a good day, or celebrating, it has the power to change moods and make things better. It’s an important part of our life, from festive meals to simple soothing meals on bad days. Yet, in our country, individual or community food choices are frequently morally policed. Food has the capability to both unite and divide people across culture and societies. And this duality of food­ is a reflection of our societal complexity.

Besides, food, a fundamental human necessity, has become contentious and politicized topics in our society. The degree of controversy has reached to the point that people are facing violence and lynching over their food choices. This acute reaction to individual food penchants is revealing the deep-seated social conditioning and larger socio-political backdrop that rules/shape our behaviour.

Even in urban settings, people encounter the widespread and inescapable stigma associated with non-vegetarian food. While renting a home or room, landlords frequently question about dietary preferences, with many specially barring non-vegetarian foods. In areas such as Kamla Nagar (nearby Delhi University’s North campus), it is common to find PGs (paying guest accommodations) that strictly prohibit non-veg on the premises. This form of dietary discrimination is based not only food preferences but also has connotations related to smells associated with non-veg food. Vegetarians often stigmatize the smell of non-veg dishes, associating them with impurity and pollution.

While conducting fieldwork in Punjab and Haryana, I encountered Pummy (name changed), a working woman from Sangrur, Punjab. During our conversation she shared her experience which showed how cultural, familial and societal expectations influence and constrain our food choices. This article explores the intricate relationship between food preferences, the stigma attached to non-vegetarianism, and how caste, class and gender intersect to shape these narratives.

Caste, Gender and Dietary Prejudices

My fieldwork in two villages of Punjab and Haryana in 2022-23 involved interactions with women from diverse age groups and castes. A striking pattern emerged: while most women and their daughters refrained from eating non-veg, their sons were permitted to do so outside the home. When questioned, the justification was often that sons needed more protein for physical development and sports activities. Daughters, on the other hand, were expected to conform to stay vegetarian foods. Reason, because daughters will get marry one day and will go to stay her future in-law’s house. This perpetuates a cycle of dietary control and gender-based discrimination.

In another incident, an upper caste woman campaigning for panchayat elections recounted feeling nauseous upon entering a Dalit household, attributing the smell to their consumption of pork. Ironically, she herself consumed chicken but looked upon those who ate pork. This attitude is deeply rooted in the notions of purity and pollution associated with caste. Many people I spoke to during my fieldwork believed that non-vegetarians emit a distinct, unpleasant odour, further entrenching caste-based prejudices.

Societal expectation and familial pressure

Pummy was a lively and friendly woman. During a ride to my fieldwork area, our conversation naturally turned towards food. To my surprise, Pummy hesitantly shared her love for butter chicken, a preference she had to keep hidden from her husband and in-laws. Even though she is a working woman, she finds herself unable to openly discuss her non-vegetarianism with her family, who were strict vegetarians. Societal expectation and familial pressure prevent her to openly share it her family. This situation reflects a common predicament among many women in similar cultural contexts.

Pummy additionally shared a funny yet insightful incident from a relatives wedding. During the pre-wedding rituals, an elderly vegetarian woman accidently ate a non-vegetarian dish, mistaking it for potato curry. When she realized she’d erred, she joked that if she had known how delicious non-veg food was, she would have started eating it long ago. Nevertheless, other relatives took a sigh of relief, as they were panicking that the older women could make scene at the wedding. This incident highlights the rigid norms and occasional, unintentional breaches have the protentional to sour up and tense the situations.

Reflecting on Personal Biases

Reflecting on my own experience, I realized that I, too, had unconsciously contributed to the problem. Growing up in a strict vegetarian household, where even onions and garlic were eschewed, I remember an instance from school when a girl brought an omelette for lunch. The silent gossip and social exclusion she faced from her peers, including myself, mirrored the societal conditioning we had all received at home. Such early experience shape individuals’ attitude towards food and perpetuate a cycle of judgment and exclusion.

‘There’s nothing more political than food’

An American Chef, Anthony Bourdain, shared his thoughts about food in a different context, but it seems plausible to share here. He said, “There is nothing more political than food. Food is reflection, maybe the most direct and obvious reflection of who we are, where we came from, what we love, who eats in the country, who does. The things that we eat are the direct reflection of our histories. The ingredients, whether they are dried or pickled or preserved, these are reflections of often long, very painful histories”. It is imperative for us as a society to recognize the diverse food habits that exists. With empathy and understanding, we can begin to dismantle the discriminatory practices that have long been entrenched in our social-cultural fabric. We need to work towards a society where food, instead of dividing us, becomes a means to celebrate our diversity.

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By Lauren Prem

A nation should not be judged by how it treats its highest citizens, but its lowest ones.”Nelson Mandela

Police torture has been an issue in India since time immemorial. Legislators have always framed laws from an angle of curbing police torture. Yet, the reality presents a stark contrast, thereby, reaffirming that we are a nation paying no regard to the most vulnerable sections of our society!

The issue of police torture sparked discussions throughout our country when an old video, from October 2023, of a Dalit woman and her grandson being beaten by the railway police in Katni, Madhya Pradesh went viral on social media. Post this video going viral, the current scenario is that an investigation has been launched by the deputy superintendent of police, after the concerned police-in-charge had been removed.

The Dalit woman made a statement mentioning that she was taken behind closed doors and beaten by the police, throughout the night to extract information while her grandson was taken elsewhere to be beaten. The police claimed that the said woman and her grandson were related to a notorious criminal who absconded from a theft case and against whom 19 cases had been registered. A reward of 10,000 rupees was announced for his capture.

This gut-wrenching incident raises two crucial questions – Is the police authorized to torture someone solely because they are a repeated offender? And would this incident have happened majorly because the concerned two people are Dalits? The answer to these questions determines who we are as a society and how far we have travelled in protecting the rights of oppressed people.

In the general course of things, accused people are viewed as criminals and any torture meted out to them is often justified. However, the framers of our constitution have extensively deliberated upon the fundamental rights of the accused. An accused has a set of fundamental rights as much as anyone else. The criminal procedure code also incorporates safeguards against police torture. Yet, unfortunate incidents like these continue to happen in every nook and corner of India.

This incident serves as a relevant occasion to revisit the constitutional provisions that hold relevance. Article 20(3) of the Constitution provides the accused a right against self-incrimination. It is based on the principle that no person shall be forced to testify against himself. Meting out violence in an attempt to extract information is a gross violation of this article. Even worse, the woman and her grandson were not even the suspects or the accused in this case. Random people had been beaten up to extract information about their relative – a wanted criminal, according to the officials. In addition, the right to personal liberty enshrined under article 21 of the Constitution has also been violated.

The crucial point being made here is that the justifications given by the police is not remotely fair as per our Constitution. In other words, the actions of the police are wrong even if they had beaten up the accused himself, let alone people who are totally unrelated to the case.

The rule of law meticulously followed as a part and parcel Indian jurisprudence, entails that everyone is subservient to the laws. Police officials are no exception. Lawlessness starts at the point where someone acts superior to the law or take law into their own hands. Policemen are unauthorized to deviate from the procedure established by law and disrupt the society’s orderliness.

While victims of police torture are commonly from the poorest strata, various studies online show that Dalits are usually more prone to violence. This is the point where the issue transcends beyond a law-and-order issue to a caste issue. There is a double constitutional violation – both of which pertain to fundamental rights.

Caste is considered to be one of the biggest social evils plaguing the Indian society. Constitutional assembly debates indicate that many fundamental rights were framed by having the issue of caste at the forefront. This incident is a testament to the fact that 75 years of reservation has done less in eradication of caste.

Unequal treatment based on caste is evil. Violence based on caste is entirely on a different level – bringing back horrific memories of the pre-independence period where violence was a recurrent thing faced by the lower castes. Reservation has given us a glimmer of hope that the situation would improve by a milestone. Still, incidents like these shatters the hopes that our constitutional makers had for our nation!

However good a Constitution may be, if those who are implementing it are not good, it will prove to be bad.” – B.R. Ambedkar

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By Srishti Sarraf 

“Education is the most powerful weapon which you can use to change the world.”

The comment of Nelson Mandela is and should be the real purpose of education. But the state of affairs at Indian educational institutions tells a different story. In India, caste continues to be a dominant narrative at educational institutions and caste discrimination runs rampant, thus interfering with the conducive atmosphere needed for the pursuit of education. 

The gravity of this matter very recently came to light when the news of the PhD student Deepa Mohanan, made headlines. She is a Dalit student from Kottayam’s Mahatma Gandhi University, who resorted to a 11-day hunger strike to get heard against the discrimination that she faced, both at an individual and institutional level, for over a decade. Her fight did yield results and the Director of the Institute who discriminated against her, was removed. 

This 36-year-old scientist mustered a lot of courage to open up against the caste-based discrimination that she faced. She revealed that her struggle is a decade long as she has been protesting against the concerned authorities since 2011, when she had first joined the course. However her problems worsened after she joined the PhD course at the same institution. She says that she was denied access to resources needed to complete her PhD and that the institution made her do everything but actual research. She also says that she often faced verbal abuse and the Director himself made casteist remarks several times. She even made allegations of sexual harassment. Her demand was for a change in her research guide, and the removal of Nandakumar Kalarikkal, the director of the International and Inter-University Centre for Nanoscience and Nanotechnology (IIUCNN), from the institute.  

It all started in 2011, when according to Deepa Mohanan, Nandakumar Kalarikkal, her professor at the institute left no stone unturned to create hurdles for Mohanan in pursuing her doctorate. From the very beginning, she decided to speak up for her rights but despite complaints to the police and the university administration, her harasser was not held accountable. When all her efforts failed even six years after her initial complaint was found faithful, Mohanan went on an indefinite hunger strike on 29 November 2021 seeking Kalarikkal’s expulsion from the institute. More particularly, in an open letter that she posted on Facebook on 31 October 2021, Mohanan wrote: “I cannot move back from the protest without fighting for justice. I should fight for my people. I should win here for many who lost.”

Notably, this isn’t the first case of this sort. For instance, a few years back, Rohit Vermula suicide case was in light that also relates to the discrimination of a lower caste Dalit PhD student at university, who was left with no option but to take the harsh step to commit suicide. According to sources his suicide note mentioned his depression as he wrote “My birth is a fatal accident.” Further, there have been other reported instances when students from oppressed caste have chosen to die by suicide when the prospects of justice appear dim to them such as Anil MeenaBalmukund BhartiSenthil KumarRohith VemulaJ MuthukrishnanOmkar Baridabad, and Payal Tadvi

Hopefully, the apex higher education regulator – the University Grant Commission upon receiving several reports of the suffering of students and faculty members in some of the leading institutions of the country and witnessing the surge in caste-based discrimination has urged the universities and colleges to prevent such incidents. In this regard, UGC in its letter dated 14th September 2020 instructed the institutions to ensure that the officials and faculty members must avoid any act of discrimination against SC/ ST/ OBC students on grounds of their social origin.

Reports suggest that India’s 200 million Dalits, who are on the lowest rung of an ancient caste hierarchy, still struggle to access education and jobs six decades after India banned caste-based discrimination and introduced minimum quotas to boost their representation. Thus, the government has to develop policies aimed at the social and economic advancement of the Dalit population. Even though the Constitution of India, the supreme law of the country, guarantees equal entitlement over fundamental rights to everyone and to materialize this there exist specific legislations, but the ground reality leaves much to be desired. India’s caste system is perhaps the world’s longest surviving social hierarchy. 

Traditional scholarship has described this more than 2,000-year-old system within the context of the four principal varnas, or large caste categories. In order of precedence, these are the Brahmins (priests and teachers), the Kshatriyas (rulers and soldiers), the Vaisyas (merchants and traders), and the Shudras (labourers and artisans). A fifth category falls outside the varna system and consists of those known as “untouchables” or Dalits; they are often assigned tasks too ritually polluting to merit inclusion within the ancient Varna system. All ancient authorities concurred that caste was assigned to a person at birth and could not be changed; with each caste was associated a profession, and all castes were arranged in a hierarchy. 

Here one must note that the caste system has its repercussions on access to education, high drop-out and lower literacy rates among lower-caste populations. But they have rather simplistically been characterized as the natural consequences of poverty and underdevelopment. Mohanan’s case is significant as her resistance has made her one of few Dalits able to achieve some justice in a system rife with casteism. Moreover, this young lady has turned out to be a source of true inspiration for those Dalit students who dream of pursuing higher education. However, the other side of the coin says that though now hailed as a success story, Mohanan’s struggle is a telling example of how the spirit of the constitutional promises is diluted. Thus, at present, it is important to ensure adherence to the Constitution that to not just as a mere legal exercise but in substance and spirit.

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By Avani Bansal & Radhika Ghosh

Introduction: An Intriguing Conversation

I was speaking to a colleague who trains judges. Reading one of my earlier pieces on the case for representative judiciary in India, she narrated to me an incident. She said all the judges of the Supreme Court had come for training and one could see that the two female judges were more or less by their own self. So even if a woman becomes a Supreme Court judge, should we assume that she will be treated alike and at par with male judges? She didn’t think so, having observed and worked closely with judges for a long time. But she probed me deeper – “why do you think that is the case? Why do most male judges have such a parochial view towards women judges?” While I was still thinking, she said – “One of the reasons could be that the wives of most of the judges, while educated they may be, do not work professionally. So judges are still accustomed to see women in a particular light.”

Now, I had never thought about the gender gap in Judiciary in this light. While we look at the statistics of the dismal number of female judges in India at subordinate judiciary level, High Courts and Supreme Court, we rarely investigate into how the subjective worldview of our own judges with a limited role for women in it, has a deep impact on promoting, and encouraging more women to join judiciary. While many judgements in India reveal the judges’ own view on the role of women, there is no basis to assume that the same male dominated judiciary will be encouraging of more women to sit next to them as colleagues.

Let’s Look At The Numbers

The Supreme Court was established in October 1935 and functioned as India’s federal court until it assumed its present form in January 1950. The initial strength of the judges was only eight — Chief Justice and seven puisne judges. As the number of cases increased, the number of judges also went up. Today, there are a total of 31 judges, including the Chief Justice of India. Since 1950, India’s Supreme Court has had 46 Chief Justices and 167 other judges.

There have been a total of eleven women judges in the Apex Court ever. Three of them sworn into the Supreme Court (SC) of India on Tuesday, August 31 2021. So along with J. Indira Banerjee there are now a total of four women judges in the Supreme Court who are currently serving. This constitutes to 11% of the strength of total Judges in Supreme Court.

In 17 states, between 2007 and 2017, 36.45% of judges and magistrates were women, researchers with the Judicial Reforms Initiative at Vidhi Centre for Legal Policy, a think tank, wrote in January 2020 in the Economic and Political Weekly (EPW). In comparison, 11.75% women joined as district judges through direct recruitment over the same period, according to data from 13 states.

The chart shows the serving women judges (in red), retired women judges (in lighter shade of red), serving men judges/Chief Justices (in grey) and retired men judges/Chief Justices (in light red) of the SC according to their year of appointment as of August 31. Only 11 of the 256 judges (4.2%) who have served/ are serving at the apex court were/are women. Four out of the 33 judges (12%) currently serving are women.

The share of women judges in High Courts was no better. The chart depicts the share of women among all HC judges as of August 1, 2021. Overall, women judges account for only 11% of HC judges. In five HCs, no woman served as a judge, while in six others, their share was less than 10%. The percentage of women judges at the Madras and Delhi High Courts was relatively high.

Women’s representation in the judiciary is slightly better in the lower courts where 28% of the judges were women as of 2017. However, it was lower than 20% in Bihar, Jharkhand and Gujarat. The map shows the State-wise % of women judges in the lower courts.

[Date available on: https://www.thehindu.com/data/only-11-women-supreme-court-judges-in-71-years-three-of-them-appointed-in-2021/article36272407.ece ]

And What About Trans Women, Dalit And Adivasi Women?

The gender gap in India is so wide that we are often talking of just ‘women’ representation without paying any attention to the inherent intersectionality debate. Women are not just one monolithic community in India. From all the eleven women who have made it as judges in the Supreme Court, there has been only one Muslim woman – J. Fathima Beewi and one practicing Christian – J. R Banumathi. There has been no dalit, or adivasi woman, and no woman representing the sexual minorities in India, including a trans woman. The intersectional representation has to be borne in mind because women representing different communities bring in perspectives which others cannot. As the International Commission of Jurists report – “Increased judicial diversity enriches and strengthens the ability of judicial reasoning to encompass and respond to varied social contexts and experiences. This can improve justice sector responses to the needs of women and marginalized groups.”

So What Explains Such A Gender Gap In Judiciary?

There are several systemic obstacles that prevent women from being equally represented in judiciary. First of all, there needs to be a clear vision of how much representation of women will be considered as adequate representation and given that women are half of the Indian population, unless there are 50 percent women judges at all levels of judiciary, we have no reason to be complacent. Having 11 percent women at HC and SC level and 36 percent women at district court level is just not good enough. We have to be convinced of raising this bar, before we start engaging in this debate.

Secondly, there is a need to revisit the rules that keep women out by appearing to treat them ‘equally’ without paying attention to the need for ‘equitable and not equal treatment.’ For example – an advocate must have a minimum of seven years of continuous practise to be eligible to be a district judge. “This could be a disqualifying criterion for many women advocates because of the intervening social responsibilities of marriage and motherhood that could be preventing them from having seven years of continuous practice,” said Diksha Sanyal, a researcher involved with the Vidhi Centre studies on this issue. While Article 233 of the Constitution provides that appointment as a district judge requires not less than seven years as an advocate, it is the Supreme Court that has interpreted it to mean ‘continuous practice’. Similarly, “the entire attitude towards women who work outside home must change,” said Justice Prabha Sridevan, a retired judge of the Madras High Court. For instance, she said that one of the reasons that reduces women to stay in power is the transfer of women magistrates every three years.

Third, we need to discuss the issue of reservation for women not just in Parliament but also in High Court and Supreme Court of India. “Reservation quota for women is perhaps just one among many factors that encourages and facilitates more women to enter the system. In states where other supporting factors are present in sufficient measure, women’s quotas perhaps help bridge the gap in gender representation,” noted the 2020 EPW special article.

Fourthly, we need to design the system in a way that incorporates the requirements of women who aspire to be judges. “A lot of female judges join the service very late, which makes their chance of making it to the high courts or Supreme Court bleak,” said Soumya Sahu, a civil judge in Madhya Pradesh. Women judges are not immune to the “leaking pipeline”, the term used to describe how many employed women quit the workforce mid-career when children face board exams and parents need additional care—jobs that fall to women. “A total reorientation of the way society thinks of family and marriage is needed,” said Justice Sridevan. “It becomes difficult if you think the woman is the sole nurturer.” To address these issues, we need to think of the challenges beyond conventional solutions that are discussed to reduce the gender gap. The gender gap in Judiciary is not separate from the gender gap that we see in all segments of society. So the need of the hour is to understand and address the requirements of women at all levels, which may require us to disrupt the current system of looking at things. Breaking the conventional ways may include more female voices at all levels of decision making and creating inclusive spaces where we don’t just engage in tokenism by appointment a few women.

Above all, what’s needed is self-reflection and being aware of our own mental barriers and perceptions regarding women and what they are capable of doing. Sometimes the attitude of judges towards female lawyers and judges may become apparent through small anecdotes that what statistics may reveal.

Justice Leila Seth, former chief justice of the Himachal Pradesh High Court and the first woman to become the chief justice of a state high court, said in a November 2014 interview with The Hindu – “In most cases, male lawyers or judges especially in upper Himachal had a feudal mentality. They were not used to a woman sitting on their head.”

Advocate Kiruba Munusamy shares an incident while in Madras High Court, where a judge commented about her short haircut, which she couldn’t tie. He said, “Your hairstyle is more attractive than your argument. Women having short hair and men having long hair, wearing studs have become a fashion these days but I don’t like it.” She replied that she has been keeping short hair since her school days. She also mentioned that she has migraine and can’t keep her hair tied for long, so she had it cut short. She then pointed out to him that there is no bar council rule or code that prescribes the hairstyle of women. His response was, “Of course, there are no rules. But I am just telling my opinion.” Kiruba was asked by other male lawyers who were present in the court room to apologise to the judge regardless of his comments. The advocate that day was insulted, mistreated and told to shut up by the judge even though she was the Petitioner’s counsel in a transwoman’s police appointment case.

While every female judge who makes it to the apex court serves as an inspiration for millions of young women, it is time that we think systematically about getting millions of girls as judges and lawyers in various courts and levels in our legal system. This will require shattering quite a few glass ceilings and setting examples through action, initiatives, policy, laws and attitudes, all of which begins with sombre reflection.

First Published here:

http://inspire.profcongress.com/inspireInside/?unique_id=perspectives_0001

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By Dheeraj Diwakar

“I measure the progress of a community by the degree of progress which the women have achieved.”

  • Dr. B.R. Ambedkar

Introduction

In 2004, Columbia University released a list of the world’s best top 100 scholars, and the list was topped by Dr. B.R. Ambedkar. He made enormous efforts to make sure that society follows a path of Liberty, Equality, and Fraternity. The same can be witnessed from his various writings and speeches.

The concept of caste is so deep-rooted in Indian society that whenever the name of Dr. Ambedkar comes up, the first image of him is that of a messiah of Dalits. But what a lot of people don’t know about Dr. Ambedkar is his fight for women’s empowerment and his pursuit of gender equality in all dimensions of national and private life. This short piece aims to highlight some of the main achievements and endeavours of Dr. Ambedkar for women’s equality in India 

Ambedkar And Women’s Rights In Pre-Independence Era

Dr. Ambedkar was aware of the miserable conditions of women. He believed that women are the worst sufferers of the oppressive, caste-based, and rigid hierarchical social system. His main effort was to liberate Indian women from various social and religious ties and provide access to necessities which they were deprived of i.e., Education and Inheritance rights. He regarded education as the only tool for the emancipation of women. On 20 July 1942, while addressing the second All India Depressed classes women’s conference he said, “I shall tell you a few things which I think you should bear in mind. Learn to be clean; keep free from all vices. Give education to your children. Instill ambition in them. Inculcate in their minds that they are destined to be great. Remove from them all inferiority complexes.

Ambedkar’s approach towards women was completely different from other social reformers i.e. Mahatma Gandhi, Jyotiba Phule, Ishwar Chandra Vidyasagar who tried to reform without questioning the social hierarchical order. 

In the early days of 1928, a women’s conference was established in Bombay with Ramabai (Ambedkar’s Wife) as its President. About 500 women participated in Kalram Temple’s entry Satyagraha at Nasik in 1930. The number swelled up to 3000 women participating in the historic Mahad Satyagraha. He believed that family planning measures for women should be taken. In 1942, while serving as a labor minister of the executive council of governor-general he introduced a Maternity Benefit Bill. The bill aimed to provide maternity leave to women workers. In his journals i.e. Mooknayak and Bahiskrit Bharat, he made sure that the issues related to women get an equal place in it. 

Hindu Code Bill

Hindu Code Bill is one of the most important initiatives made by Dr. Ambedkar to improve the miserable condition of women. Being the first Law Minister of independent India on February 24th, 1949, he took an initiative and introduced the draft of the Hindu Code Bill in the Constituent Assembly. The bill aimed to release women from various social bondages created by the Hindu social order. The proposed legislation seeks to provide women with the Right to property and other legal rights which were prohibited by the Manu law. The Bill aimed to put men and women in equal places in terms of legal status. He argued that the ideals enshrined in the Bill have their origins in the Indian Constitution which promotes equality. The Bill was first delayed by the parliamentarians and was later rejected leading to Ambedkar giving his resignation from the post of Law Minister. 

He introduced four Acts that were also incorporated in the Hindu Code Bill. The acts improved the conditions of women and strengthened their position. The list of Acts along with important provisions for women are as follows:

Hindu Marriage Act 1955: Section 5 of the Act increases the legal age of marriage for girls to 18 years. Section 17 of the Act provides punishment for bigamy. Provisions related to alimony and permanent maintenance have been provided in Section 25 of the act. 

Hindu Succession Act 1956: Section 8 of the Act empowers the widow to adopt Son or Daughter. Section 14 ensures that the property of women will be her absolute property. Further, section 15 of the act makes sure that there would be a uniform succession to the property of a Hindu Female who dies intestate. 

The Adoption and Maintenance Act 1956: Under Section 8 of this act, widows are empowered to adopt children. Earlier under Hindu law, they were not entitled to do so. Before this act came into force, daughters could not be adopted. Section 9 of the act makes it compulsory that the wife shall be consulted while carrying on any adoption. 

The Hindu Minority and Guardianship Act 1956: Section 6(a) ensures that in case of custody if the child has not completed the age of five then the custody lies with the mother. Under 6(b), if the child has been born out of an illegitimate relationship, then the first natural guardian would be mother and then father. The act also empowers the mother to change a guardian of a child who has been appointed by the father. 

Constitutional Provisions

Dr. Ambedkar worked as a Chairman of the Drafting Committee and is regarded as the Father of the Indian Constitution. In many of his speeches in the Constituent assembly, he debated for equal rights for women. His approach towards women’s rights played a significant role in ensuring that Women’s rights find a special place in the Indian Constitution. Some of the important constitutional provisions protecting women’s rights are,

Article 14: This article ensures equality for all citizens irrespective of Gender, Caste, Creed, Religion, and race. 

Article 15: This article prohibits discrimination on the grounds of Religion, Gender, Caste, Creed, and Race. 

Article 16: This article says that there shall be an equality of opportunity in Public Employment. 

Article 23: This article prohibits Human Trafficking and Bonded Labour. 

These were some important provisions related to women. Apart from them, many other articles protect the rights of women i.e. Article 39(a) and (d), Article 42, Article 51A(e), Article 243D(3), Article 243T(3), and Article 243T(4). 

Conclusion

Even in the 21st Century, the issue of gender inequality still finds its deep roots in Indian society. The condition was more critical in the pre-independence era and the early parts of post-independence. It was Dr. Ambedkar and some other handful of social reformers who came forward to lessen the plight of age-old sufferers i.e., Women. Interestingly, when the Hindu Code Bill was to be introduced by Ambedkar, numerous women opposed the Bill. The efforts made by Ambedkar with regards to Women’s equality haven’t been much recognized or if recognized get faded because of the title he carries i.e., Liberator of Dalits. 

Author: Dheeraj Diwakar

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(राजेश ओ.पी. सिंह)

आलोक धन्वा की पंक्तियां ” घर की ज़ंजीरें कितनी ज्यादा दिखाई पड़ती है, जब घर से कोई लड़की भागती है ” समाज में फ़ैल रही कुरीति पर प्रकाश डाल रही है।
भारतीय समाज में प्राचीन काल से ही सामाजिक कुरीतियों जैसे विधवा विवाह, बाल विवाह, सती प्रथा आदि में सुधार को लेकर लगातार प्रयास हो रहे हैं। आधुनिक समय में ये कुरीतियां नए रूप में सामने आ रही है, भारतीय समाज को पिछले हजारों वर्षों से जातियों के जंजाल ने जकड़ रखा है, कोई परिवार अपनी जाति के बाहर अपनी बेटी का ब्याह नहीं करना चाहता , परिणामस्वरूप लड़कियां घर से भाग कर ब्याह कर रही है, उसके बाद झूठी सामाजिक प्रतिष्ठा की वजह से ऑनर किलिंग जैसी घटनाएं दिन प्रतिदिन सामने आती रहती है। प्राचीन काल में जातियों से केवल निम्न जातियों के लोगों को नुक्सान हो रहा था, परंतु आधुनिक समय में इस कुप्रथा से हर जाति की लड़कियों को अपनी जान से हाथ धोना पड़ रहा है।
हमें ज़रूरत है जातियों के इन कठोर बंधनों को तोड़ने की ताकि लड़कियों को मजबूर ना होना पड़े घर की दीवारें और नियम तोड़ने को।
हरियाणा में जाति प्रथा ने बहुत लड़कियों की ज़िंदगी निगल ली है, बात हम हरियाणा के सिरसा जिले के एक गांव की करेंगे , जहां हाल ही के 2-3 वर्षो में दर्जन भर लड़कियां शादी के लिए घर से भाग निकली है, सबसे खास बात ये कि ये सभी लड़कियां दलित समुदाय से संबंध रखती है, सभी की उम्र 18-21 वर्ष के बीच की है, सभी लड़कियों ने लगभग कक्षा बाहरवी तक पढ़ाई भी करी है, सभी लड़कियों में एक समान पैटर्न देखने को मिला है, जबकि सभी लड़के अलग अलग जगहों से है, जो आपस में एक दूसरे को जानते भी नहीं ,परंतु फिर भी एक प्रथा सी चल निकली है ।

इन लड़कियों का क्या भविष्य रहेगा ये हम अच्छी तरह से सोच सकते है, सुनने में आया है की एक लड़की जो 2018 के जून माह में घर से भागी थी उसको उस लड़के ने आगे कहीं बेच दिया है, अन्य एक लड़की के बारे में पता चला है कि उसको उसके पति ने छोड़ दिया है अब वो किसी अन्य पुरुष के संग अपना जीवन व्यतीत कर रही है, एक लड़की को ढूंढ कर घर लाया गया ,जहां उसकी शादी कहीं दूसरी जगह पर कर दी गई, परन्तु वो लड़की आज अपने ससुराल में नहीं रह रही, उसकी अपने पति के साथ कई दफा लड़ाई हो चुकी है जिस वजह से वो अब अपने मां बाप के घर रह रही है, उस लड़की को समाज के लोग अच्छी निगाहों से नहीं देखते, सभी को लगता है कि इसकी खुद की गलती है। ऐसी अनेकों बाते सामने आ रही है।
परन्तु पूरे गांव में कोई भी व्यक्ति इस कुप्रथा पर बोलने को तैयार नहीं, सभी का कहना है कि जिसको भागना है वो भागेगी, उसे कोई रोक नहीं सकता।
परन्तु सोचने का विषय ये है कि ये लड़कियां घर से भाग क्यों रही हैं?
क्यों एक बेटी अपने पिता के प्यार को, दादी के दुलार को, भाई के रिश्ते को, मां की ममता को सब कुछ दांव पर लगा देती है और चुन लेती है प्रेमी के प्रेम को?

हमनें देखा कि इस गांव से जितनी लड़कियां भागी है उन सभी के घर बहुत छोटे छोटे है, बहुत ही ज्यादा गरीबी से जूझ रहे हैं , इन लड़कियों के परिवार सुबह से शाम तक मजदूरी करते है ,लगभग सभी लड़कियों के पिता शराब का सेवन करते है जिस वजह से हर एक दो दिन बाद घर में परिवारिक क्लेश होता रहता है और सारा दिन काम के लिए घर से बाहर होने की वजह से , और शाम को शराब पीने की वजह से अपने बच्चों की तरफ खास ध्यान नहीं दे पाते, थकान और नशे की वजह से उन्हें रात को चारपाई पर लेटते ही नींद आ जाती है और अगली सुबह फिर वही प्रक्रिया, काम को जाना, शाम को आना, ऐसे माहौल में लड़कियां इस गरीबी, इस माहौल से आजाद होने के लिए ऐसे कदम उठा रही है।
दूसरा दलित समुदाय में भी जातियों का पदसोपनिक ढांचा है, हर जाति एक दूसरे के उपर है , एक दलित भी अपनी जाति के अलावा अन्य दूसरी दलित जाति के साथ रिश्ता नहीं जोड़ना चाहता ,इस वजह से भी ये कुप्रथा फैल रही है।
लड़कियों के इस कदम से उनको खुद को ,उनके परिवार के साथ साथ उनकी छोटी बहनों को नुक्सान हो रहा है, सबसे प्रथम तो उनकी बहनों को भी लोग आसान टारगेट मानते है और सोचते है कि ये लड़की भी अपनी बहन की तरह होएगी।
दूसरा इन छोटी बहनों को स्कूल से हटा लिया जाता है, परिवार में एक भय पैदा हो जाता है कि कहीं ये भी वैसा कदम ना उठा ले, उनकी छोटी उम्र में शादी कर दी जाती है, लगभग लड़कियां नाबालिग होती है, इन नाबालिग लड़कियों की शादी पर ना तो समाज कुछ बोलता है ना ही गांव के लोग, सभी को लगता है कि इनकी शादी करना ही सबसे उचित कार्य है यदि शादी नहीं करी तो ये लड़कियां खुद शादी कर लेगी, इन 15-16 वर्ष की नाबालिग लड़कियों को शादी के बाद अनेकों स्वास्थ्य संबंधी समस्याओं का सामना करना पड़ता,शादी की उम्र होने तक ये 2-3 बच्चों कि मां बन जाती है,और बच्चों को पालने के लिए फिर से इनके जीवन की वहीं प्रक्रिया शुरू हो जाती है जो इनके मां बाप की होती है ये एक निरंतर चलने वाली क्रिया है और इसने ऐसी अनेकों लड़कियों के जीवन को निगल लिया है। इसी गांव में वर्ष 2019 में एक लड़की अपनी शादी के दो दिन पहले जब शादी की सरी तैयारियां हो चुकी थी घर से भाग निकली, तो घर वालों ने उसकी छोटी बहन जो कक्षा नौवीं में पढ़ाई कर रही थी, महज 15 वर्ष की थी, की शादी उस लड़के से कर दी, कुछ दिन पश्चात वो लड़की जो घर से भागी थी को उस लड़के ने छोड़ दिया वो वापिस अपने घर आ गई, अब दोनों बहनों की ज़िन्दगी बर्बाद हो गई।
समाज के बुद्धिजीवियों को इस बारे में जागरूकता अभियान चलाने की ज़रूरत है, जो लड़कियों के मां बाप को जातियों के बारे में सचेत करे, और उन्हें अपने बच्चों के साथ समय बिताने के लिए प्रेरित करें। घर में सकारात्मक माहौल कैसे बना रहे के बारे में भी जागरुक किया जाए।
और इसके साथ साथ स्कूलों में पढ़ रही लड़कियों को इस कुप्रथा के बारे में जागरूक करे और उन्हें पढ़ाई की तरफ आकर्षित करें ताकि वो बेहतर शिक्षा प्राप्त कर सके और अपना व अपने परिवार का जीवनस्तर सुधार सके।
हमें लड़कियों को बताना होगा कि वे वो भाग्यशाली 5-7 प्रतिशत लड़कियां हो , जो कक्षा 11 या 12 तक पहुंच पाती है, हमें उन्हें उच्च शिक्षा के लिए प्रेरित करने कि ज़रूरत है और उच्च शिक्षा के लिए पर्याप्त माहौल और संसाधनों को उपलब्ध करवाने की ज़रूरत है।
ताकि इन लड़कियों को और इनकी आगे आने वाली पीढ़ियों को सुधारा जा सके और इस कुप्रथा को खत्म किया जा सके और समाज में एक सकारात्मक माहौल पैदा किया जा सके।

हौव्वा नहीं होती घर से भागी हुई लड़कियां,
चाहती नहीं भागना लड़की,
डरती है रस्मों रिवाजों से,
सोई नहीं बरसों से, जागती सोचती हैं
एक लम्बी नींद को हर वक्त।

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