Tag:

Nirbhaya

By Kanksshi Agarwal & Avani Bansal

(First published by The Wire: https://thewire.in/politics/charity-begins-at-home-political-parties-must-lead-the-way-to-make-working-spaces-safe-for-women)

The mind-numbing story of the brutal rape and murder of a young doctor at RG Kar Hospital in Kolkata has left us all aghast! Colloquially being called Nirbhaya 2.0, people, especially women, hitting the streets at midnight under ‘Reclaim the Night’, is all but a sombre reminder of history repeating itself.

While the leader of every political party has expressed disgust and condemned the incident, the question is – will anything change for women’s safety or just a couple of protests before everything returns to business as usual?

It was heartening to see that across party lines, political leaders expressed the need to see the guilty punished but we also saw calls for not ‘politicising’ the issue.

Mamata Banerjee is reported to have said: “I want to tell these political parties – don’t try to politicise the incident just for a few likes on social media and media footage.”

Sagarika Ghose said, “As the mother of a doctor I am appalled and shocked at the heinous ghastly crime at RG Kar hospital over which there should be NO politics…”

“I would like to express my pain once again, from the Red Fort today. As a society, we will have to think seriously about the atrocities against women that are happening – there is outrage against this in the country. I can feel this outrage. The country, society, and state governments will have to take this seriously,” Prime Minister Narendra Mod said from the Red Fort on Independence Day.

Rahul Gandhi, Leader of the Opposition, also took to X (formerly, Twitter) to express his deep shock at the Kolkata incident and expressed that women and the doctor community are feeling unsafe. He also suggested that from Hathras to Unnao, and from Kathua to Kolkata, there is a rising number of incidents of violence against women and every sector of the society needs to discuss and take concrete steps towards addressing this.

So if all top political leaders are aligned on the need to address women’s safety – will they take the necessary steps, voluntarily, to address women’s safety in political parties?

In the wake of the Kolkata ghastly rape, the real question is – will the political parties in India take it upon themselves to implement PoSH (Prevention of Sexual Harassment at Workplace, 2013) within political parties? After all, no one would argue that the safety of women is also much needed in political spaces, as well as in informal sectors.

A 2014 United Nations study, Violence Against Women In Politics highlighted the violent nature of politics in the subcontinent, during and after elections. Such violence, combined with a lack of implementation of protective laws dissuades women from joining the political arena.

As per a study published in Livemint (30/04/2014): Physical abuse suffered by women politicians in India is 45% as against 30% in Pakistan and 21% in Nepal. Verbal abuse suffered by women politicians in India is 49% as against 23% in Pakistan and 31% in Nepal.

The Centre for Social Research with the UN published a report on violence against women in politics in 2014: “Nearly 50% respondents said they faced verbal abuse and 45% said physical violence and threats were common, particularly true during election campaigns. 67% of women politicians said perpetrators were male contestants and 58% party colleagues. Violence and harassment at the hands of colleagues is a reason why we see only women from political families in politics.”

The UN General Assembly resolution 2018 (73/148): “Encourages national legislative authorities and political parties, as appropriate, to adopt codes of conduct and reporting mechanisms, or revise existing ones, stating zero tolerance by these legislative authorities and political parties for sexual harassment, intimidation and any other form of violence against women in politics.”

It is in accordance with this that the European Union passed Resolution No. 459, 2020 against violence against women in politics at the local and regional levels. Bolivia became the first Latin American country to criminalise violence against women in politics through Law No. 243 in 2012. Kenya, which has the highest representation of women in their parliament, thanks to reservation, has gone a step further and set up a Political Parties Disputes Tribunal, under the Political Parties Act 201. The UK Equality Act 2010 includes political parties. Peru, Mexico, and Costa Rica have bills pending in their parliaments to deal with violence against women in politics.

So why are the Indian political parties resting at “expressing deep concern and dismay” without actually taking steps to demonstrate their intention in real action? After all, no political party can be singled out, where the women haven’t raised serious questions regarding their male colleagues.

In the Kerala high court in Women in Cinema Collective v. State of Kerala (2018), the issue of bringing political parties within the ambit of the 2013 Act was raised but the high court did not deal with the matter at any length and did not consider whether members of a political party can be said to be in an employer-employee relationship, especially for members who may be employed by the party or even for those who work with a party on a voluntary basis.

But if all political parties are seriously enraged at the Kolkata incident, why not take voluntary steps to redress the situation, at least that which squarely falls within their own power by setting up voluntary mechanisms to address sexual harassment complaints?

After the landmark judgment of the Supreme Court in Vishaka, the Government of India enacted the PoSH law (Prevention of Sexual Harassment at Workplace, 2013), but with its implementation left entirely to district magistrates with no accountability measures in place, implies that it remains largely on paper.

For instance, under PoSH any workplace, private or public, which employs more than ten people is required to set up an Internal Complaints Committee (ICC) for addressing complaints pertaining to sexual harassment by the employees. Even if the employees are working on a voluntary basis, or if the work-related meeting takes place at someone’s home, any incident of sexual harassment is covered within the ambit of the Act. All employers are also required to conduct mandatory training under the PoSH Act to sensitise all its workers towards the norms and the law under PoSH.

But why do politicians get away with making rules for others, while conveniently avoiding implementing them on themselves? Charity, as they say, begins at home!

This incident requires true inner reflection beyond everyday politics. It’s a call to all the conscious keepers in India, and all politicians who do truly espouse women’s cause in politics beyond lip service, to do more than ‘everyday politics’ in an ‘everyday way’. They need to do ‘visionary, nay revolutionary politics in revolutionary way’. It begins with voluntary steps, of doing what they very well can within their own control, of ensuring equal women representation at all levels, of giving women more than just symbolic space in politics, of making political spaces safe for women.

It can begin with all political parties voluntarily setting up an Internal Complaints Committee (ICC). If the argument is that it can be potentially abused, we have to be mindful that the law that applies to all corporates in the country, to all other workplaces, can also be resisted on the same logic. In fact, allowing for ICC means that women raising complaints will be subject to scrutiny by senior women leaders in the party and will be acted upon if found right. But establishing no mechanism for women to address it is akin to turning a blind eye or pushing women’s safety under the carpet.

True homage and justice to the young doctor will be coming forward from some politicians and setting up ICC within their own political parties, and then also setting up committees to explore systemic efforts needed across sectors to ensure the safety of women in India. Any visionary takers?

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Dr Elsa Lycias Joel

(Names have been changed to protect identities)

‘Boys will be boys. They make mistakes’. What does this statement convey? That nobody should be held accountable for their sudden fetishes or perversions towards women? Come on, display some of that social consciousness that is bandied about so much in official and international speeches about how Indian women are revered as goddesses.

India may be booming but not for all women. Two of the country’s most serious challenges are how to address women’s safety and how to deliver speedy justice. 12 years ago, the whole world stood stunned. The victim was celebrated as Nirbhaya. How ridiculous to remember and address hapless victims with such titles! In reality, she would’ve gone through matchless pain and fear before she died a brutal death. By addressing victims with titles, who are we trying to comfort? People have come to realize the reality long ago. It was those perverts who were fearless to commit a crime of that intensity with a heinous intent. Around the time of the 2012 gang rape and murder, India recorded 24,923 rape cases, which is about 68.28 cases per day as per the National Crime Records Bureau. So, should India be proud or ashamed of the thousands of ‘Nirbhayas’? While it took years to punish the convicts, one walked out free and fearless with a new identity, a grant of 10,000 Rs and a sewing machine, only because he was a juvenile. Only after the rapist, the most brutal of all, got to walk free, the Juvenile Justice (Care and Protection of Children) Act was passed in 2015. Then, I knew violence against women would never end. There is a clear pattern to the way the minds of rapists have evolved in our country given the speed and manner in which amendments evolve and justice is delivered. Timely justice may not be a panacea for all injustice that plague us but it could be a precursor to other reforms. Nothing but the severity of the punishment will act as a deterrent.

The current rape crisis speaks of something even more worrisome – a society that is out of touch with its women. By all accounts, the Indian women never had it so good. Due to the generosity of a patriarchal society, they are all flush with problems, much more they can handle. Citizens’ protests that take various forms and shapes are indeed comforting. However, the fruits of women’s safety or liberation cannot be allowed to be negated by a societal system that is striking at the very root of the country’s well-being. Sensible recommendations that have been made by committees and well-meaning individuals will not deter crimes unless they are acted upon in due earnestness. Probably, salvaging the process of justice from tangles of state intimidation or political pressure is a herculean task by itself. At this juncture, I remember the Best Bakery case in which, for the first time, the apex court shifted the trial out of a state.

The fear of being violated is so strong, Indian women can taste it.  It is shameful that few public servants have the audacity to declare that public spaces are not meant to be the right places for the right kind of women at the wrong time. When did a seminar hall in a medical college turn unsafe for a trainee doctor? Was she inappropriately clothed? What a handful of political elite say is not different from what a convicted criminal says. Enough is enough. As long as naming and shaming the victim continues in addition to gracing them with unbefitting titles, violence against women in all forms will continue with a plight of pandemic proportions. We have had enough such horror stories of rape, torture and murder that should make the legislature and executive give serious thought rather than analyse the uniqueness of each violation. What clumsy legislation have we got? Should it take 40 years for the Parliament to pass The Criminal Law (Amendment) Act 2013 to amend the IPC to allow death penalty only in rape cases where the accompanying brutality leads to death or leaves the victim in a persistent vegetative state? Shrina R Shanbaug, an Indian nurse lay in a vegetative state for almost 42 years after she was sodomised and strangulated with metal chains in 1973. Are rape laws far from adequate or do they lack will power? Sohanlal Valmiki, the main sodomist must be caught and hanged, if he is alive, instead of celebrating Aruna for giving India a passive euthanasia law. In 1972, a 16-year-old girl Sheila was raped inside a police station by two policemen who were set free by the court just because the victim wasn’t injured. After 9 years, the anti-rape law was amended.  I have every reason to assume that those two men in uniform would have had a free run until the law was amended.

The Supreme Court’s verdict was based on the following three arguments:

  • Sheila did not vocally express her non-consent during the ordeal.
  • There was a lack of bruising on her body.
  • She was ‘habituated to sexual intercourse’ based on the two-finger-test

We have umpteen days and nights to reclaim. Decades away from Sheila and Shrina tragedy, the pertinent question we ought to ask ourselves is how far have we come? 

Preeti Singh, Vamika, Manika Debnath, Pranjali Singh, Kasifa and many more are not the only ones to have gone through such severe sexual assaults. ‘Nirbhaya Juvenile’ who assaulted 8-year-old was acquitted. How ridiculous! Rapists must be tarred with the same brush, no matter how old the victims are. What is mystifying is the fact that gang-raping of someone below 18 years of age is considered a heinous offence punishable by death whereas gang rape, torment and murder of an adult is not. Public outcry and protests can caution lawmakers against semantic hair-splitting on defining the nature of violence, warning that ‘certain criteria’ will remain a stumbling block in drafting a perfect statute with no loopholes. Complacency should never cost us more promising lives.  As for the law enforcement and investigative agencies, it is not too early to tell the real story of RG Kar Medical College and Hospital on August 9th.

Opinion Disclaimer: The opinions expressed are solely the author’s and do not reflect the opinions and beliefs of The Womb.

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Women In Our Country

by Elsa Joel

DR. ELSA LYCIAS JOEL

In our society, I hear a hypocritical outcry of deteriorating traditional values when a woman walks out of her marriage. But no one raises voice or limbs in support of the larger number of financially dependent women struggling in bad marriages without rushing to get divorced. Young and old professionals are more prone to and professional at calling off their marriages and only women continue to shoulder the blame. Divorce isn’t the flavour of any season. It happens not because women are uncultured, characterless or non religious but because they are educated, aware and have a strong sense of self-esteem. Institution of marriage will be respected minus incompatibility, temperamental differences and intolerance.
Societal and familial pressure or trepidation of being frowned upon cannot force a man and a woman to live together. Many divorces are filled with bitterness, hostility and rancor because men assume mud fighting and slander can hurt women in a reputation-conscious society. When women encounter problems in our society, tackling them calls for not loud voices, processions or placards but an objective analysis of reasons which underlie them. Not by law makers and enforcers but by every other woman and citizen who adorns different roles to women in their lives. 
We always find it too improper to mention the real cause of women subjugation, especially if its religion or scriptures. As a result, a culture of pseudo analysis and pseudo action becomes the norm. We have been seeing and hearing expressions like ‘women reservation bill’, ‘Nirbhaya fund’, ‘special woman safety programme’ and so on being bandied about as part of political debates and talk shows. Politicians, as we all have seen, heard and known are supposedly well-trained suitably qualified people who position themselves right at the centre of action with the explicit purpose of not putting anything into action and get away with anything in politics.
Countries which have been able to make some real, visible progress in women safety and empowerment are those whose leaders and citizens have been able to confront the problems head-on to find solutions. The government of Iceland has been funding UNIFEM (United Nations Development Fund  for Women) for the past three years to promote gender equality and Iceland stands number one on the list of safest countries for women. By almost every metric compared to the rest of the world, Denmark is very safe and it comes second. Denmark also has a history of finishing as the #1 happiest nation in the world according to statistics. Gender equality is important to the Nordic countries: Political parties in Sweden, Norway and Iceland all have gender quotas, which promote female candidates for top roles. As such, every country has their own ideals of equality between men and women. But if one understands equality as just a respectful treatment minus violence, abuse and harassment another, we can’t call it equality until there is a gender pay gap or glass ceiling.
Agreed, men and women are different biologically and psychologically. Women play certain roles better than men and vice versa to complement one another, be it home or work place. Never to prove one is dominant over the other.
In India, the governments that came and went dragged their everything on passing the women’s reservation Bill for a decade. Rape storms batter our country and #Metoo -a -day routine followed by the blow-by-blow breaking of news by the media calls for a closer and quicker look of where we stand as the victim rarely an opportunistic one or the assailant, many a time the one with money and muscle power. Guilt is presumed; innocence has to be proved beyond all reasonable doubt makes the concerned lie low and patient till they die or disappear. Worse still, rapists will brazenly continue raping unmindful of reprisals which they know how to handle and sometimes adorn seats in legislative assemblies and Parliament too. With such brats at the top, not just lofty things but even normal living for Bharath mathas and putris of all age groups become a dream. Seems like it’s not just ‘United we loot’ but ‘United we molest and rape’.
I hear desi folks scream, ‘increased divorce rates’. I’ve heard mothers and grandmothers warning girl children differently such as, “control your anger, you are a girl”. Such social conditioning of girl children in our society never needed any extra effort from anybody because religion is an important part of our country’s culture. And all religions profess and practice male dominance directly or indirectly. All over our spiritual India, women fast on sacred days to ensure their husbands’ longevity but there is nothing similar in the scriptures that expect a man to follow any ritual. In spite of these rituals, many studies and statistics show that women outlive men for reasons known to all. Still, women attempt these rituals out of fear because they know what widowhood means in a country like ours. Most religious traditions have subjugated women.
Sexism is intrinsic to Hinduism and Buddhism. The Abrahamic religions of Judaism, Christianity and Islam have been worse. So much of howling and screaming is done against the objectification of women without realising thatnothing will change until scriptures are re-written.
Verse 2-213 of Manusmriti ‘ “Swabhav ev narinamiha dhooshnam…’ is translated as “It is the nature of women to seduce men in this world; for that reason the learned are never unguarded in the company of females”.
 Verse 5/151 when translated goes as this “Girls are supposed to be in the custody of their father when they are children, women must be under the custody of their husband when married and under the custody of her son as widows. In no circumstances is she allowed to assert herself independently”.
Manusmriti is in a way too primitive.
The Bible’s decree of male supremacy is known to the world. Most blessed mothers in the Bible are recorded to have given birth to sons only. Yes, a son as a firstborn is equated to a great blessing. The story of the adulteress who Jesus forgave and saved from being stoned is an example of how a combination of sex, a woman, public disgrace and double standard worked since biblical times. There was no mention of the man involved in the act. Without any mentioning the uphill battle remains steep for Muslim women. It is indisputable that women are excluded from Judaism’s most hallowed rituals and practices helping us understand that Judaism privileges are fundamentally male.
Sabarimala hullabaloo is a case in point. If discrimination to enter a temple is based on sexual orientation and caste , constitutional Articles related to freedom of religion and essential religious practices must be read to have a wider meaning to signal a new era of transformative constitutionalism. Freedom, rights and values embodied in our constitution should not be let to freeze in time. That would mean no possibility of positive change and progress to changing societal needs. Places of male gods cite menstruation as the main reason for denying women their religious freedom. How come theormative descriptive imagery and pronouns for god are male enabling people to sculpt them that way.
Being a Tamilian I pondered over ‘kallanalum kanavan pullanalum purushan’. It means even if the man is as insensitive as a stone or as useless as a blade of grass he is still ‘THE HUSBAND’, a visible god to the wife. Who else but a Male chauvinist must have uttered this proverb! And another insinuating comment from men goes as “Ellu na ennai ya vandu nikkanam” translated as  “Do more than what is expected of you” or  “going the extra mile” conveys the typical male attitude. Tamil literature has enough stories praising devout wives. Nothing wrong about it. But sometimes imaginations soar so high making stories sound ridiculous. One example is Vasuki Ammaiyar, a “Pathiviradhai” cooking delicious meal out a bag of sand given to her by Thiruvalluvar. Making such a story on a man of great intellect isn’t justifiable. And the pail that hung in mid air as this “Pathiviradhai” rushed to address her husband’s call half way through drawing water from a well is another story to motivate devotion in women.
Bharath Matha is one country where women are worshipped yet discriminated against and abused. It’s a national shame that despite more and more laws and funds, governments of secular, democratic and pluralistic India finds it difficult toensure that all sections of citizens feel equal, protected and secure. Were goddesses spared! Parvati created a boy to guard her doors from Shiva. Sita had to walk through fire to prove her loyalty. Unless mythologies are retold and understood in the right spirit, if not rewritten, these will be used to normalize or rationalize different forms of oppression or abuse, of course by the wrong people. 
Kathua,  Hathras, Unnao and many more can’t be forgotten, forgiven. Meanwhile, Rajvir Singh Pahalwan and Surendra Nath Singh ought to be educated on what amounts to rape. How does Surendra Nath Singh know that sanskar hasn’t been instilled in victims?  The Hathras district court was forced to stop the trial proceedings after Hari Sharma and his son Tarun Hari Sharma,  one of the advocates of the accused, created a hullabaloo and issued threats. But how was the father- son duo handled after their misbehavior is yet to be known. Being blessed with common sense, I guess, interrupting court proceedings by words and deeds should be considered as gross criminal contempt of Court.

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