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Madhya PraDESH

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 Kanksshi Agarwal and Avani Bansal

The visuals of two women being buried alive in the Rewa district of MP merely for standing up to the construction mafias and opposing construction on their leased land sent chills down the spine. Notwithstanding that the dispute was personal – the sheer impunity of the accused in attempting to bury women alive, is revealing of the general attitude towards women in India. But when it comes to women’s rights, nothing seems to be shocking enough to jolt us into action.

Women’s concerns and flurry of welfare schemes are now synchronous with election season, and that is where women’s rights begin and end for those in power.

Either the women are “victims” or “beneficiaries” in our popular discourse. Between violence-filled news and government advertisements – are the politicians ready to move beyond lip service, symbolic anger, and protests to real on-action ground to facilitate women’s rights in India?

Are politicians ready to work on systemic issues such as ‘ensuring safety of women in politics’? If yes, why not voluntarily implement PosH Act 2013 and set up Internal Complaints Committee to deal with sexual harassment complaints of women who are working in your party? How can we expect politicians to fight for all women of this country, when they can’t take a stand for the women in their own parties?

Are politicians willing to put their money where their mouths are and work towards implementation of women reservation in their own parties, at all levels and also in ticket distribution?

Are politicians ready to work towards systemic issues plaguing Indian women such as lack of equal education, good healthcare, equal and safe job opportunities?

If the answer is yes – why isn’t it already happening? If the answer is no- the question is why not?

Perhaps, the answer lies in the fact that women in India have still not emerged as a consolidated vote bloc demanding their rights. Unlike their American and European counterparts, women in India got a right to vote, with a few women organizing themselves and constantly lobbying with the Indian political stakeholders and the British Government. There has never been a time, in Indian history, when women in India saw a nationwide movement on an issue concerning them.

The images of women parading naked to protest against AFSPA in Manipur in 2004, to women being forcefully paraded naked in the recent Manipur riots in 2024 – the message is clear. Women’s bodies are sites of power and the matrilineal nature of the north-eastern societies brings this in focus.

But even in the north-east, the few number of women in politics explains that much remains to be done to translate activism into political power. For the rest of the country, an insane number of ghastly violent episodes fail to stir our national collective consciousness and have also failed to drive women towards a collective fight of placing ‘women consciousness’ in the mainstream, akin to the systemically rising Dalit consciousness in India.

It is for this reason, that while all political parties try to woo the women voters – they don’t fear them in a way that could have political consequences. Politicians don’t worry that their callous and offensive remarks, such as the recent jibe by Nitish Kumar, ‘you are a woman, you know nothing,’ will cost them anything. Such comments have no place in our democracy, but the question is who will make that felt?

What we need in all urgency is for politicians to stop infantilizing women.What we need is to see women in India as ‘leaders’, not just as ‘labharthis’. We need to ensure that women are promoted as active changemakers in all spheres of political and social action.

Political messaging to women in campaigns should not reduce them to ‘behnas and didis’ who are wooed by a gift of Rs. 250 in their accounts every rakhi, as reducing women’s rights to a “gift” will do more harm than good to women’s dignity and agency. Throwing crores of rupees in women’s welfare schemes in annual budgets, like this year’s, without fixing the accountability as regards adequate utilization of those funds is not going to do the trick either. Continuing to see women in relation to men – as someone’s wife – who now needs a ‘No Objection Certificate (NOC)’ to change her maiden name after marriage ; as someone’s beti – being a soft target for all the political anger against her parents; for being someone’s behan – receiving a rakhi gift and relying completely on her brother for protecting her, as opposed to empowering her to make her own life choices; all this has to stop. Women have to be seen independent entities.

It is the lack of fear of women voters as a class that they are not taken up as serious candidates. The dip in the current representation of women in Indian Parliament (12%) is a direct consequence of unfair ticket distribution towards women. So while all political parties are in a race to distribute freebies to women voters, none worry about ensuring equal representation of women in their own parties.

It is not statistically proven or morally correct for parties to say that we don’t give tickets to women because they don’t win! The question to be asked is – what are political parties doing to ensure women’s victory and how are they helping in rising voter consciousness to enable women as leaders? What are they doing to ensure women issues are made mainstream, not a once in a while affair?

Political parties need serious reflection on whether their actions will speak lounder than their words. Women won’t take the blame anymore, it’s you.

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By Asif Iqbal

Last year, survivors of the Bhopal gas tragedy commemorated the 37th anniversary of the incident. Thereafter, they decided to launch a campaign, “Bhopal Disaster: 37 years; 37 questions”, through this campaign, they decided to ask one question for the next 37 days.

A delegation of five members met with the Union Minister of Health and Fertilizers, Mansukh Mandaviya, and submitted their memorandum on June 19, 2022; they have urged to take action on their five demands of which they seek relief, compensation, and correction in the figures of the numbers of people both injured and dead in the curative petition submitted before the Supreme Court of India.

On the 25th day of the campaign, they asked, “Why is the Madhya Pradesh government sitting for ten years on Rs. 40 crores, meant to provide social support to ease the suffering of Bhopal survivors?”. In 2010, the Group of Ministers had approved the transfer of Rs. 85.20 crores from the Central government to the Department of Bhopal Gas Tragedy Relief and Rehabilitation (DBGTRR), Government of Madhya Pradesh. The decision on constructing houses in areas affected by groundwater contamination continues to be on paper. 

In a telephonic conversation, Shezadi Bee, member, Bhopal Gas PeeditMahilaPurush Sangharsh Morcha, said that the state government acknowledged the death of 15,000 people because of the tragedy, but they submitted before the Supreme Court of India that 5295 people died. The Chief Minister, Shivraj Singh Chauhan, has not met survivors despite working in the capital for the last ten years, never uttered a single word about survivors of the tragedy. How can we expect something from them; we are still struggling for our justice for the last 37 years. 

She expressed that the survivors of the tragedy are not claiming compensation from the Central or the state government; they want the compensation to be taken from the company. Small kids who had suffered because of the gas leak in 1984 have grown, but they are not in a condition to provide income to maintain their families. The Gas Relief Minister of Madhya Pradesh, Vishwas Sarang’s family were amongst survivors, and they received compensation for the tragedy. However, he did not transfer the agenda which was submitted by us before the Supreme Court as it was promised to survivors. Later, she spoke about the lack of medicine and treatment in ICMR, many survivors have died because of it, and many survivors are suffering from Blood pressure, heart disease, cancer, and issues concerning kidney. Neither of the political parties who have been in power has neglected victims. She shared an incident of then Gas relief Minister in the Congress Government, ArifAqueel, who had promised to render recompense to survivors. Then on being called, he had told her to gather 500 people; Neelam Park was the venue decided, but the politician did not arrive, and on being asked about his false promise, he said that no help be provided to survivors. 

Through this campaign, associated groups tried to highlight issues that concern compensation, criminal justice, medical, economic, social rehabilitation and environmental remediation of polluted lands.

Women Suffered Immensely From this Tragedy: 

The methyl isocyanate has affected women immensely as they may not conceive a child as toxic gases on foetuses has exposed to gas in-utero. The Convention on the Elimination of All Forms of Discrimination against Women came into force on September 3, 1981, under the resolution 34/180 in the United Nations General Assembly passed at the same juncture. The conventions mention the instruments which are available to provide support to women and maintain their dignity. However, extensive discrimination remains against them as they cannot gain food, health, education, training and other opportunities. This pitiable deed will cause an indiscernible consequence on the welfare of the family, and the development of society, will not take place. The report published by the Down to Earth wrote about the social rehabilitation scheme, Bhopal Gas Tragedy Relief and Rehabilitation, where Rupees One thousand (i.e. Rs. 1,000) was promised to be given to the widow of the Bhopal gas tragedy incident. However, there were around 5,000 widows who did not receive their pension for the last 18 months, and they could not protest because of the pandemic. 

The government restricted this pension between 2016 and 2017 without providing reasons for their query. It was claimed by the Union Department of Social Justice that the reason over 2.5 million widows, abandoned women, and especially table weren’t able to receive their pensions during the three months of the first lockdown was that the finance ministry did not allocate the amount for beneficiaries. The centres which were built for yoga sessions to improve the health conditions of Bhopal tragedy victims are utilised to organise weddings. The inability of the government not to benefit the widow, and victims, especially able is against Article 47 of the Constitution, where the state need to give regard to raising the level of nutrition and improve public health and Article 38, where they shall strive to promote the welfare of the people by securing and protecting as effectively as it may a social order.

The Discrepancy in Death figures

On their 15th day of the campaign, allied groups to be given justice for their loss suffered during the 1984 gas tragedy entreated the state government concerning their submissions before the Supreme Court of India as two dissimilar death figures to the tragedy was provided. They had submitted in the Criminal curative petition (No. 39-42/2010) before the apex court, wherein the survey conducted by the Department of Gas Relief and Rehabilitation found 15,248 people died because of the gas leak. On the other hand, in the civil curative petition (No. 345-347/2010) for additional compensation from the Union Carbide and Dow chemical, the state government informed the apex court that 5295 people died because of the disaster.

Rashida Bee, President, the Bhopal Gas Peedit Mahila Stationery Karmchari Sangh (BGPMSKS), said they want to know why the state government is misleading the Supreme Court of India on the issue which concerns death caused by the exposure to the methyl isocyanate.

Their question becomes significant because the action plan prepared by the state government in 2008 for the rehabilitation of gas victims mentioned that over 16,000 people had died in the tragedy. Thus, many survivors will remain excluded from receiving compensation and benefits of schemes for rehabilitation from the disaster. The incident has affected their bodies to participate in any workforce to earn income for their livelihoods.

The never ending litigation in this tragedy: 

The apex court in 1996 had revoked charges against a few accused, and those were under Section 304 (part II), 324, 326 and 429 of the Indian Penal Code 1860 (I.P.C). It was pointed out by the bench that the trial court should frame charges under Section 304A. Consequently, the proposed review petition (Criminal Misc. Petition Nos. 1713-16 of 1997) was dismissed on March 10, 1997. The decision of 1996 was questioned neither by C.B.I nor by the State Government of Madhya Pradesh. There were no review petitions filed under Article 137 of the Constitution of India; they proceeded for 14 years to prosecute the accused under Section 304A, 336, 337 read with Section 35 I.P.C.

There was a petition filed by the Central Bureau of Investigation (C.B.I) in 2010 to recall the judgement of the apex court in 1996. The petitioner stated that the court made an error in ignoring materials and cancelling the charge under Section 304 (part II). The Supreme court of India held that there was no satisfactory explanation given to file a curative petition after the judgement was delivered in 1996. Those who were convicted include former Union Carbide India Chairman Keshub Mahindra. The apex court dismissed the curative petition (Criminal case no. 39-42) in 2011. 

On their 31st day of the campaign, the question was directed towards the investigative bureau; they asked, “Why has the CBI failed to make Dow Chemical appear in the ongoing criminal proceedings on the disaster in the Bhopal District Court despite six summons issued by the Court since 2014?

In 2001, Dow Company took over Union Carbide; they took control of their assets as well as the civil, criminal and environmental liabilities in Bhopal. In the last five years, the district court of Bhopal issued five summonses to Dow Company to produce absconder Union Carbide in the criminal trial. These notices were made under the Mutual Legal Assistance Treaty (MLAT), which permits the Home Ministry and CBI to ask the Department of Justice (USA) that notices served to Dow Chemicals. 

The curative petition (civil case no. 345-347/2010) was registered on December 22, 2010. Petitioners to this matter are BGPSMKS through Rashida Bee, BGPMPSM through Nawab Khan and Others along with the Union of India against the Union Carbide Corporation, the DOW Chemicals and Others. It was filed concerning the judgement which was delivered by the Supreme Court of India on February 14, 1989, where Union Carbide was directed to compensate with the sum of INR 750 crore.  A Bhopal court had given an order on June 7, 2010, against seven executives of Union Carbide India for imprisonment up to two years in connection with the incident.

The release of 27 tonnes of methyl isocyanate and other gases in Bhopal on December 4, 1984, turned the place into a gas chamber. The company’s document mentioned that the design of the plant was planned with unproven and untested technology; the purpose was to save money on maintenance and safety. The Station House Officer (S.H.O) registered suo-moto under Section 304A I.P.C; it was registered as Criminal Case No. 1104 of 1984. Thereafter, the investigation of this tragedy was taken over by C.B.I on December 6, 1984. The court of C.J.M held the charge-sheet about the incident on December 1, 1987. 

Judge M.W. Deo, Bhopal District Court, gave the order on December 17, 1987, to provide an interim compensation of Rs 350 crores. His decision on compensation was challenged before the High Court, Bhopal and the judgement was delivered on April 4, 1988. However, the interim compensation was brought down to Rs 250 crores; this decision was further challenged by the Union Carbide in the Supreme Court of India.

The Central Government in the Supreme Court of India in August 2011 said UCC which is owned by Dow should be directed to pay an additional sum of Rs 7413 crores as compensation.

The matter for compensation was last listed for January 29, 2020, heard by five judges consisting of Justices Arun Mishra (retd.), Indira Banerjee, Vineet Saran, M.R. Shah and S. Ravindra Bhat. The next date to hear a plea by the Central Government seeking additional funds from successor firms of the United States of America (U.S.A) based Union Carbide Corporation (U.C.C) was for February 11, 2020. The aim is to provide compensation to victims who suffered from the tragedy at Bhopal in 1984. The matter on compensation was led by then Justice Arun Mishra, and he had stated that the plea would be heard by a dissimilar grouping of judges. It was informed by the Supreme Court of India that the then Chief Justice of India, S.A. Bobde- will decide on establishing the composition of the bench which will hear the matter because Justice Ravindra Bhat offered to recuse himself from not hearing this matter as he had appeared as a lawyer for the Central Government in the settlement case in 1989. The Justice had expressed his unwillingness to hear the matter, he said, “I had appeared for the Union of India in the matter when union had sought review”. Therefore, a new bench of judges shall hear the Centre’s plea to try and find additional funds from the Union Carbide which is currently own by Dow Chemicals Co. 

Last year, the Madhya Pradesh High Court delivered the order that the Madhya Pradesh Government will need to provide free treatment to the victims suffering from cancer because of the Bhopal Gas Tragedy in AIIMS Bhopal. The Bhopal Gas Peedith Mahila Udyog Sangthan and Others had filed this plea on which the judgment was delivered by then the Chief Justice Mohd. Rafiq, and Justice Vijay Kumar Shukla.

Meanwhile, the District Judge of Bhopal gave another day of hearing on March 25, 2022, to pick up the Union Carbide and its convicted officials to present their final arguments from April 25-29, 2022 in the criminal appeal. This appeal has been pending in court since 2010 against Union Carbide and its convicted officials. However, the matter on the compensation for victims of the Bhopal Gas Tragedy is yet to be decided by the apex court. 

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By Avani Bansal

Like many of you, I went to see Gangubai – a latest movie on the life of a sex-worker, directed by the legendary Sanjay Leela Bhansali with Alia Bhatt as the lead actress. I came out of the movie-hall stunned and couldn’t speak a word for two hours post it.

But did you know that in Madhya Pradesh, there is an entire community where women have been practicing sex work for ages? Women of the Bachhada community, which is listed as a Scheduled Tribe community in India, practice sex work, along the highways of Mandsaur-Ratlam-Neemuch, with truck drivers as their major clientele. There are about 23000 people belonging to the Bachhada community, living in over 75 villages in three districts of Mandsaur-Ratlam-Neemuch, a region also famous for the maximum opium production in India, with perhaps one of the highest gender-ratio with 65 percent women.

What do the lives of these women look like? What are the challenges they face? Do they practice sex work out of choice? I had several questions, as I decided to go and meet these women and hear their stories from them. But the foremost difficulty was in convincing these women that they can speak to me, and that I mean no harm. After speaking to several locals and staying in the nearby village for a day, I finally convinced a group of women to speak to us. Here’s what I found.

https://youtu.be/DJ5fCwkBoHo
  1. Most women are forced into Prostitution due to Poverty: Women of the Bachhada community seemingly have a choice – either get married or take on sex-work as a profession. Those who choose the former, live a married household life and are not allowed to entertain any clients for sex work. But those whose family conditions leave them with no choice, opt for sex-work and then have practically zero chances of getting married later. In exceptional cases, where a sex worker does find a love interest and if the partner is willing to marry, then there is some hope for their marriage, but that too is usually inter-caste, as men from the same community do not take women who have opted for sex work as their legally wedded wives.
https://youtu.be/JvYnug1cj_Q
  1. There is neither respect nor jobs for people of the community: There are several articles and videos on the internet that give an impression, that everyone in this community is happy about their women practicing sex work. The truth is far from it. Many women, and even young men, now strongly believe that they need an alternative means of livelihood. But the challenge is twofold – first, there are generally no new jobs available in the villages and the young people complain of complete lack of employment opportunities and secondly, for the very few jobs that do exist – the affixation of ‘bachhada’ as a surname practically means that no one gives jobs to the girls or boys of this community because of the disrepute of the community associated with sex-work. Most young men of the family, who hate to see their sisters take up sex-work are left with no choice but to take up manual labour at nearby farms belonging to others, or daily-wage work. Families usually have very less land, if any, in their name (some reported to have less than one bigha land) and usually it’s not sufficient for the entire family to survive.
  1. Women of the Bachhada community do not have fixed wages for their sex work :

This may sound almost intuitive but think about it. Every person has a right to minimum wages for the work they do. Even people working in the unorganized sector, such as those working as domestic help, have a right to be paid a minimum wage. But there is no law that covers sex-workers for minimum wages. Women from the community who practice sex-work told me that it all depends on the negotiation power of the girl in question and also the scope of what the client wants in terms of services and can pay in terms of money. Women offer sex work for as low as Rs. 300-400 per client and sometimes have to take multiple clients in one day, to be able to make enough money to survive. Young girls who are virgins can command upto Rs. 2000-2500 for the first time and older women usually get lower prices. Some women reported to take upto 10-12 clients in one day.

https://youtu.be/Pn7NbJHC0lM
  1. Most women practice sex-work along the highways but even women in interior villages do take on the clients :

When one drives through these villages – Dhodar, Parwaliya in MP along the Mandsaur-Ratlam-Neemuch highway, one comes across several homes right along the highway, with small ‘gumatiyas’ (sheds) where girls sit all day, as an indication of their availability for sex work. When a client approaches them, they will quickly talk about the terms of work and negotiate a price and then take them to a room inside their homes, which is kept for this work. If one drives through this highway in evening hours, it’s almost inescapable to notice a lot of young girls, some looking even under-age, dressed in a slightly offbeat manner for the environment (arguably ‘provocative’). A few locals informed me that the multi-colour lights of their homes at night is also an indication of their homes, but there was no way to test if all homes along that highway with colourful neon lights do indeed belong to sex workers.

While most of the women from Bachhada community, living along the highway do practice sex-work, even those from the community who live in interior villages, do attend to clients. When I asked, how do clients get to know about their villages and how do they find these girls, I was told that most of the information is available online about the villages and once the client reaches the village, he usually talks to a few people before he is finally led to a girl. He can tell the type of girl he wants, and someone in the village, usually helps make that connection.

https://youtu.be/Ujbr9nsaDCE
  1. Women do not take on drunk clients and do not usually go out with them. The Clients have to come to them where they are :

It’s hard to say if this is true for all women, but those I spoke to were categorical in stating that they do not go out with the clients and do not take on drunk clients. These are two ways in which they ensure that the clients do not behave violently with them or cheat them. But then I was also told that even if sometimes a client does get violent with the girl, she wouldn’t usually come out and talk openly about it. The girls do feel an assurance of their community living around them and can always raise an alarm, if the client tries to misbehave or do something untoward.

  1. Women usually always insist on protection (Condoms) but if they get pregnant, sometimes women choose to keep the child :

Most women are aware of the need for using protection and offer condoms to their clients. But they still run the risk of getting sexually transmitted diseases (STDs) since their clients are truck drivers who are engaging with multiple sex partners over their journeys. There is a local government hospital which offers diagnosis and treatment for STDs.

Sometimes, if a woman does get pregnant, she may choose to keep the child. These children only get their mother’s name and usually no support from the father, as one would imagine. What makes these women opt to keep the child, you may wonder? My sense, after speaking to the girls was that they find their lives very devoid of love and may find comfort in the unconditional love offered by a child – someone they can fully call their own.

  1. Their biggest challenge is Police Raids, and lack of any legal protection :

In India, we have a strange law that permits women to engage in sex-work, but it is illegal for them or any pimp on their behalf to solicit client, or for any landowner to run a brothel. The governing law – ‘The Immoral Traffic (Prevention) Act’ (commonly called PITA) passed in 1986 was an amendment to the earlier law of 1956 – ‘The Immoral Traffic (Suppression) Act’ (commonly called SITA). The law allow practice of sex-work in private, without legally soliciting clients in public. Along with Indian Penal Code, 1986 the Police often invokes PITA and sections of IPC relevant to ‘public indecency’ or ‘public nuisance’ to conduct raids in the homes of sex workers. Girls and women who I spoke to, told me that the Police often conducts raids and picks away women, charging them under PITA. Sometimes they would even pick girls who are married, and then later would let them go, on being informed of their married status. A lot of times, police let’s go of these women, on grounds of sympathy, knowing that they will have to earn extra through sex-work, if cases are indeed framed on them, for their litigation expense.

In essence, these women constantly live under the fear of police raids, and have no legal rights to complain if a client does something violent with them. The entire practice of their profession is shrouded in mystery, a deliberate one, that reduces these women to legal non-entities.

  1. Women of Bachhada tribe demand a legislation that will secure their rights and also political representation :

Hema Chauhan, a woman from Sikhedi village, who was earlier into sex-work but now acts as a Counsellor for women who are into this profession, tells me that a comprehensive law on this issue is the need of the hour. We cannot turn away our faces from the grim reality of the existence of sex-work. Known as the oldest profession in the world, sex-work is unlikely to go anywhere anytime soon. Therefore it is pertinent that atleast the basic human rights of sex workers are protected. This will empower the women from protecting themselves against the fear of police action, and the caprices of their clients. They also need a minimum wage to avoid constant heckling for their right to get a fair wage for their work. Above all, they need respect and to be seen as professionals.

Women, on a lighter note, told me that when there is a marriage in the village, and some of them want to go and attend, they are always met with unapproving eyes. “What choice do we have? The government doesn’t even look at us and there are no schemes for us. How else are we to feed our bellies and that of our families.” I could sense their distress and sadness but what gives me hope is their determination that things will change for the good.

When I ask them – “Will you like to contest elections?” In Uttar Pradesh, for the first time, Congress party gave tickets to 40 percent women under Priyanka Gnandhi’s ‘Ladki Hun Lad Sakti Hun’ (I am a girl, and I can fight) campaign. In Madhya Pradesh, state assembly elections are due next year in 2023. Would some of these women from the Bachadda community consider fighting MLA elections if given an opportunity? The answer was a resounding – ‘Yes’. And why not, why shouldn’t women from the Bachhada community have a pie in power too? Why shouldn’t they themselves be empowered to raise issues specific to them and their communities in general?

If women from the Bachhada community are given political power, it will also send out an important message to over 3 million female sex workers in India that they do exist and should be allowed the same respect in the society like everyone else. It may also ensure that some of the laws and schemes that exist on paper are finally implemented for their benefit. In PITA, for example, there is a provision that the government has to ensure rehabilitation of sex workers, but there is currently no avenue for women who want to leave sex-work to do something else. The Madhya Pradesh government had introduced a scheme to eliminate prostitution amongst Bacchadas in 1998, which was implemented in 2014 with an allotment of Rs. 10 crores annually to Neemuch, Ratlam and Mandsaur. But who does this money go to and what is it used for is still something that the sex workers are not aware of.

There are a few NGOs working with this community for the rights of sex workers but a lot more needs to be done, especially for their rehabilitation. Since the Bacchadas are Dalits, an NGO ‘Udaan’ which is active in the region, calls sex-work as caste based exploitation and helps counsel women who want to leave this profession. In a 2017 petition before the Indore High Court, the Petitioner, one Mr. Chauhan, stated that there are several underage girls too who are forced into prostitution.

Now, the issue of legalizing sex-work is not easy by any imagination with several view-points and sub-issues forming part of it – including the fear of increased trafficking as a consequence if sex-work is legalized. But the question remains – do these women not deserve basic human rights and recognition in law, as per our Constitution? If the Government cannot provide one food to eat and basic means to survive, we can take a moral position for all we like, but we cannot change the reality that these women have to live on an everyday basis.

So, as you read this, do ask yourself – isn’t it time that sex workers to get the respect and rights they deserve? When we say ‘ladki hun lad sakti hun’, it is pertinent to include women from a cross-section of society, especially those who have had a long struggle for ages.

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By Avani Bansal

We are a country full of paradoxes. While we have the second largest population in the world (soon going to be the largest), we still consider talking about sex as a taboo – in most parts of the country atleast. Now, consider this – the world’s most well known (arguably) sex treatise was written in India – ‘Kama Sutra’, and the world’s most famous temples known for their eroticism are also in India – Khajuraho and yet our fascination for sex and related topics remains enveloped in our fantasies and imagination, instead of bathing in the sunlight of discussions. 

So I decided to travel to Khajuraho myself, to understand the legend and history of this place. Here’s what I found – Khajuraho is a pandora’s box, full of interesting anecdotes. In this piece, I am sharing some bits about Khajuraho temples that I found fascinating. Also do see the brief video I made whilst there.  

  1. History

Khajuraho temples were built between 9th and 11th centuries by the different kings of the Chandella dynasty. Khajuraho presently has about 40000 people, and is located in Chhatarpur district of Madhya Pradesh, near Orchha. The backdrop of these temples is formed by the Vindhyan mountains – which form a natural demarcation line between north and south India. 

While there were originally 85 temples, spread over 20 acres, there are now only 25 remaining and are grouped in ‘Western’, ‘Eastern’ and ‘Southern Complex’. While the latter two are free for all, there is a small entrance fee of Rs. 35 for Indians (slightly higher for foreigners) for the Western complex/group of temples. It is in the western complex, that most of the famous temples such as Lakshmana temple, Vishvanath temple and Kandariya Mahadeva temples are located. You need to fill an online form (can be done instantaneously while at the reception) which will take you about 5 minutes and you will receive an online ticket on your phone after making online payment. If you are travelling now, best to carry a mask, and a water bottle, as you will have to walk quite a bit. Although there are water stations inside. 

So back to history. The temples were not all built simultaneously, but over generations, by different Chandella rulers, although one can hardly tell the difference. Chandellas ruled over Central India for about five centuries, beginning from 9th century AD. Some of the most famous Chandella rulers, are – 

Yashoverman (son of Harshadeva) was the greatest ruler of the Chandella dynasty and it was in his reign that the construction of the Khajuraho temples began. He built the Lakshmana temple, dedicated to Lord Vishnu – which you can see in the video below.

Dhanga (Yashoverman’s son) built two magnificent temples – Vishvanath and Parsvanath temples. He had emerged as the most powerful king of North India in the 10th century A.D.

Vijaydhara (Grandson of Dhanga, and son of Ganda) successfully resisted the forces of Mahmud of Ghazni twice over Khajuraho, in A.D. 1019 and in A.D. 1022. A great lover of art and culture – the biggest and most elegant temple of Khajuraho ‘Kandariya Mahadeva’ was built by him. 

Parmadidev was the last Chandella ruler who after ruling for about thirty-five years, eventually lost to Prithviraj Chauhan, the Rajput king of Delhi. 

  1. Legend

As soon as you reach in the parking lot of the western complex of Khajuraho temples, you see a beautiful big pond full of lotuses – this is the famous ‘Rati Talab’. The legend of Rati Talab is connected with a mythical story about the origin of the Chandellas. As per this story – Hemawati was an exceptionally beautiful woman, who had become a widow at the age of 16 years. One summer night, she went to bathe in Rati Talab. Chandrama (the Moon God) was awestruck by her beauty and descended on Earth. They made passionate love. Next morning as he was about to leave, Hemawati was very upset and threatened to curse him, as she said no one would accept her or her child. Lord Moon consoled her by saying that their son would be a valiant king whose name and fame will spread through the world. When Hemawati requested the Moon God to help her obliterate her social stigma, Lord Moon counselled her to go to ‘Khajurvatika’ where he prophesised that she would give birth to a son. He further said that when their son attains 16 years of age, he will perform a ‘yagyan’ to purge her.

Now, I cannot help but see patriarchy writ large over this story. But it does reflect the views of the day, which to be honest may not have unfortunately changed very much even after a thousand years. 

In short, she comes to Khajurvatika, and that’s how with her son – the Chandella dynasty begins with the birth of Chadravarman (Lord Moon’s son). While there are many variations of this story, authorities on this subject have rejected these tales as purely imaginary. You can read the variation of this story and also the full legend in Dr. Rajendra Panda’s book on Khajuraho, published by Mittal Publishing – an excellent source for details on all things mentioned here. 

  1. Erotic Sculptures

Did you know that out of the five hundred and thirty six hymns in Atharva Veda, 40 are dedicated to the subject matter of sex? Similarly, while the erotic sculptures in Khajuraho temples, have attracted all the attention, it is worth noting that they constitute only 10 percent of all the sculptures. The four goals of human life – Dharma, Artha, Kama, Moksha are all depicted on the temple walls. Besides there are sculptures of painters, musicians, artists, warriors etc. But it is these erotic temples that gather all the limelight.

Now the obvious question is – why do we find these erotic sculptures on temple walls. There are not one, but many answers, depending on who you ask. Here are some I heard :

First, that these temples were like a way of introduction to adult life and all that it entails. So young men and women were introduced to them only when they attained a certain age.

Second, that in Indian religion, sex has always been interpreted with a philosophical and spiritual dimension, thus advocating for its complete acceptance, without treating it as obscene. And so the walls of the temples, are but an extension of this reality and acceptance, without attaching any value judgment to it.

Third, that these temples are inspired by Tantric philosophy. As per this, those who are the real seekers of truth will remain unmoved before these sexual figures and then he/she gets a right to enter the shrine. But those who run away from it, will not be able to enter the shrine with a pure heart, thus having failed in the examination of ‘whether you have mastered your senses’. This is similar to the ‘right of passage’ practiced in other religions, where you are required to show whether you can remain unmoved when tested on your sexual desires, to demonstrate whether you are ready for a spiritual journey. 

I saw these sculptures as sensual and sublime, almost meditative. But I encourage you to come and visit them for yourself. I was first inspired to come here, after reading by Osho that – if you meditate deeply enough on these sculptures, you can transcend your sexual desires. Transcending here could mean different things but the central idea being that sex, when done with awareness, and not merely as expression of carnal lust can open doors to the subconscious mind, or latent energy, hitherto unknown. [Do read, Osho’s controversial but deeply meaningful book – ‘From Sex to Superconsciousness – that got him the tag ‘Sex Guru’]. 

  1. Architecture

Built in the Indo-Aryan architecture style, Khajuraho temples depict the Nagar style of temple architecture, which has 1) a ground plan and an elevation and 2) the cruciform spread and curvilinear spire. Most of these temples are built by sandstone, brought from the quarries of Panna. All the temples follow a certain layout, consisting of a platform as a base, entrance steps leading to ‘Ardh-mandap’ (entrance porch), led into ‘Mandap’ (Assembly Hall), further into ‘Maha Mandap’ (Large Assembly Hall), into the ‘Antaral’ (Vestibule) and finally to where the deity is placed – ‘Garbha Griha’ (Sanctum Sanctorum). Each temple has a ‘Kalash’ or pot kept at the top of the main spire, with several half spires around it.

The temples being a UNESCO world heritage site have been kept in the same form, without any change in the interiors or the exteriors. While the engravings on the walls and the sculptures vary from temple to temple, to an untrained eye, it may appear all very similar. One cannot escape how the sculptures seem to come alive, with the curves of their bodies, the angles and positions they stand in, and the perfect symmetry, embedded in panels used along the walls. 

The sculptures on the temples are all very finely chiselled, bearing out the facial expressions, moods of the characters portrayed. One cannot also but escape the celebration of Women in all their varied moods as part of these temples. From a woman getting up in the morning, to a woman, seeing herself in the mirror, to a sculpture where a woman is shown as applying vermilion on her head, to writing a letter, to being lost in thought – the walls of the temples are a discoverer’s paradise to see women as mother goddess, Apsara, Nayika, or a woman engrossed in daily activities. But in most erotic sculptures, which show plural intercourse, what depicted is often one man and more women. This itself is a good subject matter of deep feminist inquiry. 

  1. Name – Khajuraho 

There are atleast two famous stories about the origin of the name ‘Khajuraho’. As per one – the name originates from ‘Khajoor’ – the date palm trees. It is believed that once the ancient city was surrounded by date palm trees and therefore the name. As per a second version, the name originates from ‘Khajura-vahaka’ (scorpion bearer), another symbolic name for Lord Shiva. 

  1. Religion

The temples in Khajuraho are dedicated to and inspired by both Hinduism and Jainism. Although built over different years and by different rulers, the existence of both Hindu and Jain temples side by side, reflect the co-existence and acceptance of both these religions amongst the rulers and the people. 

  1. Discovery of the Temples 

While these temples were built a 1000 years back, they remained unknown for most part, after the end of Chandella dynasty. They were ‘re-discovered’ and introduced to the world, when Captain T.S. Burt came to Khajuraho on an official duty un 1838, and followed an unknown trail, taking a detour from his planned route, on being informed by his palki (palanquin) bearer about the existence of the lesser known temples. 

If by now, you are intrigued enough to go visit these temples yourself, my purpose would have been served. When you go, remember to take an open heart and an open mind along. You will be happily surprised by what you find. But here is a recap of my takeaways from Khajuraho

  1. It’s not all about eroticism – sex depicting sculptures are only 10 percent.
  2. The erotic sculptures are not obscene but sublime – if you have the eye for it. They are an art form, that need to be preserved. 
  3. Imagine what the rulers of the time built. The magnanimity of the whole experience will open up your mind to both the possibilities and the concept of physical space.
  4. The bold use of open expression and authentic communication has a quality of deep meditativeness about it.
  5. You find new places, on journeys and roads less taken by. 
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By Satakshi Malviya

The Rajput boyfriend brutally murdered his Dalit girlfriend and her family to avoid marriage. After 48 days, five half-rotten bodies were recovered from 10 foot deep pit in a field of Nemawar village in Madhya Pradesh’s  Dewas district, on 29th June, 2021. The family members- Rupali Kaste (21 years), her mother Mamta Bai Kaste (45 years), younger sister Divya Kaste (14 years), her cousins Pooja Oswal (15 years) and Pawan Oswal (14 years) had gone missing from their home in Nemawar since 13th May and two missing complaints were lodged, one by Rupali’s elder sister who lives in Pithampura and other by Pooja’s and Pawan’s mother who lives in Indore. 

The Police arrested seven people involved in this case. Rupali’s boyfriend Surendra Chouhan and his accomplices Karan Korku and Rakesh Nimore are on remand and the other four Vivek Tiwari, Virendra Singh Chouhan, Manoj Korku and Rajkumar Kir have been sent to jail. The police informed that Surendra Chouhan with the help of his companions called Rupali and her family members to his field and brutally murdered them by slitting their throat with a rope and buried them in a 10 foot deep pit, covering their bodies with salt and urea. As in the past Surendra has been spotted at Rupali’s home every other day so as to immune himself from any suspicion, he and his accomplices, soon after the murder used Rupali’s phone to send text messages to create an illusion that she and her family members are alive. 

The police further informed that Surendra had betrayed Rupali and got engaged with someone else and Rupali was unhappy with this as she wanted to marry him. So, out of revenge she has posted some stuff related to Surendra’s fiancé on social media and this enraged Surendra to kill Rupali and her family and to save his future marriage. The police suspects that the girls were raped before their murder as there were no clothes found on the bodies of Rupali and her sisters.

The Adivasi community is outraged by the incident and is demanding quick justice for Rupali and her family. Loving someone and expecting honesty is not a crime. Rupali had never imagined that her love story would be ended this horribly by her own dear lover. In such events, caste identity of the victim should not be overlooked as even now, ‘Dalit’ women suffer such atrocities and are treated as object of mental and physical pleasure. To top it, if the woman belongs to ‘Dalit’ community or so called ‘lower caste’, getting justice is even more difficult. The upper caste men get involve with Dalit women, take sexual pleasure and make fake promises of marriage. When the women, out of innocence and love, actually ask to marry then these men call them impure dirt that cannot be taken home, threaten them, assault them and even kill them. Had Rupali not been a Dalit, would Surendra have dared to do so?

It took forty eight days to find five people and that too dead; this clearly shows the inefficiency of the present administration. However, the demonstration by outraged Adivasi community – blocking Indore-Betul national highway for hours, raising slogans, marching on roads, demanding to hang the accused, seeking justice – led the case to be moved to fast track court, to ensure quick justice for Rupali and her family, at the behest of M.P.’s Chief Minister  Mr. Shivraj Singh Chouhan. Former Chief Minister Kamalnath has demanded CBI enquiry on this case as he suspects that someone acted as a backbone of Surendra Chouhan, which let him to act with such impunity and commit such a gruesome murder of five persons. After sensing the heated temperature of the Adivasi community, authorities demolished the house and shops of the main accused. 

Still, majority of the ‘leaders’ of the State are silent on the subject. Why? If they cannot speak up on a gruesome murder like this – isn’t this a signal enough that for them the life of a Dalit woman and her family is way less precious than the votes of the Rajput community in the state? A close scrutiny will reveal that the top leaders of the both the BJP and Congress party are either Rajputs themselves (same caste as the boyfriend) and or heavily reliant on the Rajput community for votes. 

A further question is – every time such injustice happens to women, why does the discussion become about the caste-communities for politicians? Shouldn’t the Rajput community itself call for strict action if the offences are proved against the accused? Is this injustice only visible to Adivasi community and not to everyone else?

When will this impunity end? I am enraged and so are many of the women. The change is need for this hour. 

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Born in a middle class family in a small sleepy village of Madhya Pradesh, Surabhi was always cognizant that her parents were her constant pillars of support while other members of the family would have been happier with a male child born in the family. To describe in her own words – ” There were only two souls, my parents, who were overjoyed with my birth, while the remaining 30 odd members of a giant and joint family, that we were part of, did not even consider it an event worthy of celebration.” However, Surabhi traversed through all the challenges and overcome all the rejections she faced along the Journey of Life to achieve the pinnacles of success which would eventually make everybody proud of her.

25 years down the lane, the same girl, the same village and the whole family was welcoming her with garlands, sweets and slogans like – “Who should every girl be like? Like Surabhi Gautam ofcourse”. Everything had changed with her success. Surabhi has the unique distinction of clearing all the prestigious competitive exams and interviews conducted across India. She successfully cleared several competitive examinations like GATE, ISRO, SAIL, MPPSC, PCS, SSC CGL, Delhi Police and FCI exams with distinction. The feather in her cap was when she topped the IES exams with All India Rank 1. The ultimate success came when Surabhi Gautam, a University topper and a Gold Medalist cleared the ultra-competitive Union Public Service Commission (UPSC) exams in her very first attempt, securing a All India Rank of 50.

However, these successes did not come easily for her. She had to wade through extreme challenges, which sometimes even made her think of giving up, but she didn’t and eventually reached her goal. She overcame these challenges with the unflinching guidance and support of her parents and her sheer determination to set an example for other women from her village.

Surabhi always excelled in her academics. She scored exceptionally high grades in both her school and college. She did her schooling in her village, Amdhara in Madhya Pradesh, in a hindi medium Board school with very poor infrastructure and teaching staff. Her village had severe electricity disruptions and she had to study with the aid of a kerosene lamp on several occasions. But these did not deter her strong urge to excel in academics.

Something interesting happened in her 5th grade which changed the course of her life and drew her to excel in academics. She scored 100 percent in her Mathematics exam which drew the praise of her teacher since it was a first in her school. The encouragement she got from her teacher made her feel appreciated and recognized which encouraged her to study harder and perform consistently throughout her academic career.

The second turning point in her life came when she again scored 100 percent in her tenth grade in both Science and Mathematics which placed her on the state merit list. This made her a pseudo-celebrity of her village, journalists began interviewing her, splashing her accomplishments across newspapers, and people began to admire and appreciate her achievements. During one such interview, a journalist asked her what career option does she prefer to choose in the future. Despite not having pondered over it in the past, Surabhi unconsciously mentioned that she wants to be a ‘Collector’. The next day’s Newspaper headline was “Surabhi wants to be a Collector”. Little did she realize that, her words would somebody in the future turn into reality.

Despite being a studious girl dedicated to her studies, her heart wanted to diversify. She tried her hand at painting, sketching, drawing and embroidery.But then she encountered her first major challenge in life. She suddenly began to realize a weird sense of pain creeping through her body. She began to feel a stinging pain in her joints and elbows and she was soon bedridden. Despite their meager financial resources, Surabhi’s parents decided to take her to Jabalpur for treatment. The doctor diagnosed her with rheumatic fever, a disease which affects the heart, joints, brain and skin. In serious cases, rheumatic fever can also lead to death. The doctor advised that she should be given a dose of Pencillin, every 15 days, which needed to be administered with utmost care, else it could result in severe complications. Her parents were seriously worried because there was no Healthcare center nor a qualified doctor who could administer the drug in her village. Her parents somehow arranged for a specialist to administer the drug till she was cured.

The third turning point in her life arrived when she again excelled in her twelfth grade exams, appeared for the Engineering entrance and as usual cracked the exam. She was awarded the Dr. A.P.J Abdul Kalam Scholarship for her exceptional grades.

However, this time around things wouldn’t be very easy for her because she had to move out of her village and study in a city which no other girl from her village had ever done prior. Also, having studied in Hindi medium school she had to draw flak for not being able to speak in English fluently. Even though she knew the answers to questions posed by her professors, she always faltered because she couldn’t articulate well enough in English. On several occasions she was so deeply hurt and disillusioned that she almost decided to quit her studies and head back home. However, during these trying circumstances, her mother stood firmly by her and insisted that she should move ahead, overcoming the challenges. Her mother always emphasized the need for her to achieve her goal as she would stand as a constant inspiration for other girls of the village to explore and accomplish their dreams, which they otherwise would fear doing. Surabhi had no option but to persist and persist she did. She did not want the doors to close on other aspirational girls from her village who wish to pursue their higher studies outside of their village.

Surabhi meticulously studied English, practiced every single word and phrase, till she became proficient. She had crossed on more hurdle in the process. Surabhi finally completed her Engineering in Electronics and Communications from Bhopal. She not only topped her exams in her college but in the entire University. After this accomplishment there was no stopping her.

During college placement, Surabhi got a job with TCS (Tata Consultancy Services) but she wanted to do something different so she did not accept the offer. After her graduation, Surabhi worked as Nuclear Scientist at BARC for a year. She then cracked competitive entrance exams like GATE, ISRO, SAIL, MPPSC PCS, SSC CGL, Delhi Police and FCI. The icing on the cake came when she cleared the UPSC exams with an All India Rank of 50, in her very first attempt in 2016. Today, she is an IAS office, something that she had blindly mentioned in response to a question from a journalist. She made headlines then. She made headlines again and she is the proud daughter of everyone in her village – Loved, Admired, Respected and a true inspiration to other young aspiring girls across the globe.

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