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By a ‘Common Woman’

(Warning: Sensitive Content)

As yet another body is discovered drenched in blood, the society pleads with me to consider, “What if she was your sister or mother”? Her virtues are listed, her values enshrined. Her very person-hood, cruelly dismissed in life, is placed on an unimpeachable pedestal in death. She is hailed as the embodiment of pristine femininity while simultaneously detached from their own reality. A week later, she transitions into a cold statistic. It is quickly forgotten that she was a real woman who led a real life which happened to include a real trauma. And so am I.

I am a sister. I am a daughter. And I was repeatedly violated. Not by strange men in questionable alleys and darkened pathways. But in familiar surroundings by trusted men as sun rays kissed their treacherous backs. There was no media trial as I hugged myself on the floor. No protests as I struggled to make sense of it, numb for days. Perhaps it was because I couldn’t come forward against people so intrinsically connected with my life. Or maybe, just maybe because my horror was not detachable from people’s lives. My perpetrators could not be othered. They were mine.

They held my hand and taught me to walk, clapping in encouragement. They cradled me on their lap and lifted me up in the air as I squealed with joy. And when I grew older, took me on drives and twirled me around and tore through the tissue membrane that the world insisted was my responsibility to protect. Should I have worn different clothes when I couldn’t even dress myself? Should I have carried pepper spray while I clutched the nursery rhymes? Or did I err with the phone I carried when they took attendance? None of the carefully construed rules of society apply when you take the crime off the streets and between your very own sheets. So, I made my own.

We all witnessed the aftermath of a death this month. But what happens if the person survives? After the furore dies down? When society brushes off its thirst for vengeance with punishment for the culprit? Some tend to the scars permanently etched on their skins, some are shunned, shamed into exile, or even urged to marry their violators. However, most are compelled to pick the broken pieces of their hearts and minds together and move on with their lives. Are they victims or survivors? They are both. I was both.

They soar high and get pulled down by the memories. They laugh uncontrollably every day and fall on their knees every night, with their hands holding their mouths tightly to prevent the escape of a desperate sob. Like I did.

I had sex, a lot of it. Until I learned to enjoy it, crave it even. Giving in to my own pleasure took longer but I refused to associate my vagina with searing pain and loss of agency. I studied, excelled, I also failed, and downright collapsed with the ever-increasing burden of mounting trauma. I walked alone, traveled alone, far less afraid of the unknown than I ever was of my chilling known. But the strong gravitational pull of defeat constantly threatened to envelop me. I relished gourmet delicacies and binged sitcom after sitcom, cocooned in the mirage of an incredulous fantasy. One where my spirit did not lay in tatters, straining to piece itself together amidst the cacophony of recorded mirth. I nearly welcomed the sheer relief of death after shrouding each day in utter misery. But I continue to live. As do countless others.

Look around you. She IS your sister, your daughter. But she is so much more than that. She is a person. And she is in pain. The possibility of an assured hanging would make her far too scared to speak up. A task force cannot protect her in your home. You may not be the man who relishes that level of repulsive control but next to you is probably a woman whose right to speak for herself, choose for herself, whose right over her own body was ruthlessly snatched away by a formerly comforting presence. The woman in the newspaper has gone through an unimaginable ordeal. But she is also an exception. The woman next to you? She is the rule.

A rule that cages 97% of us in the confines of our homes, hostels, hotels, and rehabilitation centers- places that become the scene of crimes that are never taped off, inhabited by people who are never brought to justice. There are no candle-lit marches for us, no cautionary tales. There is no place for us, not even in statistics. So march for the 3% unfortunately sensationalised, discuss and debate over them. Make them safe. At least make someone feel safe. But don’t forget the rest of us living next to you, across from you, in your own homes. I am the rule.

The hardened penis that thrust inside me felt like what I imagined the long pole would, right down my street. I pictured the lightbulb on it flickering on and off as I tried to block out my then ongoing torment. I remember the yellow stain on the flowery bedsheet every time I put on my now clean ones. My fingers stiffen at the thought of touching myself but my vibrator never shies away from an exalting climax. Would you blame my later promiscuity for my former agony? Would you still ask me to heed my clothing? To not hail a cab? Don’t go outside after 6 PM. Don’t stay inside once you are born. Why was I allowed to be born? It was on me.

I may go out or stay in, drink or stay sober, have sex, or stay away from men, nothing can change my lived nightmare. My dream on the other hand is to yank that pole out, implant it firmly in the ground, straddle it between my thighs, and spin around it with carefree abandon.

#thecommonwomen #yourstories

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By Srishti Sarraf

The Indian sex workers case is making the top headline these days. The recent order dated 19-05-2022 given in the case of Budhadev Karmaskar v. State of West Bengal And Ors., popular as the sex workers case the Hon’ble Apex Court has categorically recognized that the basic protection of human decency and dignity under Article 21 of the Constitution of India extends to sex workers and their children, who, bearing the brunt of social stigma attached to their work, are removed to the fringes of the society, deprived of their right to live with dignity and opportunities to provide the same to their children. Reliance has been placed on the earlier landmark judgments of the Court to emphasize & expound on the scope of the right to life under Article 21. Notably, this is not the first time when the Indian judiciary has held the dignity of the community of sex workers in its ruling. Two years back the Bombay High Court has held that “there is no provision under the law which makes prostitution per se a criminal offence or punishes a person because he indulges in prostitution.” A few years back the Delhi High Court also ruled that “simply because the victim worked as a sex worker before the incident in question doesn’t confer any right upon anyone to violate her dignity.”In a significant ruling, the Gujarat High Court has also observed that “Section 370 of the Indian Penal Code will have no application in a case wherein sex workers are engaged in prostitution of their own volition and not according to any inducement, force or coercion.” But the factor that is making the recent Budhadev Karmaskar v. State of West Bengal and Ors. Case super buzzing is the fact that this time the Court has issued significant binding guidelines to ensure that the community is being treated with dignity and not being abused. Further, to understand the depth of the case it is important to know about the history of the case along with some categorical development that has taken place in this case which is summarized right beneath.

BACKGROUND

This case was originally filed as an appeal before the Hon’ble Apex Court against the conviction order given by the Calcutta High Court in a case of the brutal murder of a sex worker living in a red light area in Calcutta in 1999. The factual matrix of the case highlights that the accused battered the head of the deceased again and again in a hideous and barbaric manner leading to putting a period on her breath, thus the Court naturally decided against the accused and the accused chose to file the criminal appeal before the Apex Court. Considering the heinous nature of the alleged crime the Hon’ble Apex Court straightforward dismissed the appeal however it later converted the case into a Public Interest Litigation suo motu by its order dated 14th February 2011 to address the problems of sex workers in the country. In its earlier orders the Bench consisting of Hon’ble Mr Markandey Katju, and Hon’ble Ma’am Gyan Sudha Misra, JJ. equivocally stated that their aim was “to create awareness in the public that sex workers are not bad girls, but they are in this profession due to poverty”. The Bench observed that: “Sex workers are also human beings and no one has a right to assault or murder them. Sex workers are also human beings and no one has a right to assault or murder them. A person becomes a prostitute not because she enjoys it but because of poverty. Society must have sympathy towards the sex workers and must not look down upon them. They are also entitled to a life of dignity given Article 21 of the Constitution.’

REMARK ON PREVIOUS SIGNIFICANT ORDERS

The Apex Court has passed several orders issuing directions to the Central Government and the State Governments in this case. In its very initial order dated February 2014 the Apex Court directed the Central and the State Governments to prepare schemes for rehabilitation all over the country for prostitutes through Social Welfare Boards along with preparing schemes for giving technical/vocational training to them considering their right to live with dignity under Article 21 of the Constitution of India.

Subsequently, by another order, the Court constituted a panel headed by Mr Pradip Ghosh, Senior Advocate as the Chairman to discuss various aspects of the problems relating to sex workers and submit its report. It also directed the States/Union Territories and the Union of India to carry out surveys to ascertain the number of sex workers who want rehabilitation and who would voluntarily continue in the same profession. The Apex Court categorically stated that “it is important to educate the public to present the situation of sex workers in the country in the correct light, as it is ultimately the people of the country, particularly the young people, who by their idealism and patriotism can solve the massive problems of sex workers.

Thereafter the constituted panel identified three core areas for consideration including prevention of trafficking, rehabilitation of sex workers who wish to quit sex work and conditions conducive for sex workers to live with dignity under the provisions of Article 21 of the Constitution of India and submitted various reports time to time. The Panel subsequently gave many suggestions. The emphasise was given to the point that sex workers face great difficulty in getting ration cards, voter’s identity cards or opening bank accounts thus the authorities should see to it that sex workers do not face these difficulties as they are also citizens of India and have the same fundamental rights as others. The Court confirmed that the suggestions made by the Panel shall be seriously taken into consideration by the Central Government, the State Governments and other authorities and hence all efforts shall be made to implement these suggestions expeditiously. On 14.09.2016 a final report along with recommendations of the Committee was placed on record. Meanwhile, also by its various orders the Court emphasized the gravity of the matter and urged the Government to place the draft legislation before the Parliament at the earliest. In the wake of the Covid-19 outbreak that has caused severe disruption in normal life, it was realized that the class of sex workers fall under the list of vulnerable classes being adversely hit by the pandemic. Thus, the Court issued a direction for the supply of dry rescue so that the sex workers who are in dire straits can be rescued. Similarly, by order dated 10.01.2022, the Court had directed the State Governments/Union Territories to complete the process of issuance of ration cards/voter cards to all sex workers expeditiously.

PECULIARITY OF THE RECENT ORDER

By its very recent order, the Court has taken note of the periodical adjournments so taken by the Union of India in laying down a dedicated Bill. Thus, to fulfil the existing gap in the legal framework exercising its particular powers conferred under Article 142 of the Constitution of India the Court has passed six binding directions to be in force till the legislation finally comes up. Notably, the directions so issued relate only to the rehabilitation measures in respect of sex workers and other connected issues. These directions can be summed up as follows:

  1. Any sex worker who is a victim of sexual assault should be provided with all facilities available to a survivor of sexual assault, including immediate medical assistance and proper medico-legal care.
  2. The State Governments were directed to survey all ITPA Protective Homes so that cases of adult women, who are detained against their will, can be reviewed and processed for release in a time-bound manner.
  3. The police and other law enforcement agencies were directed to be sensitised towards the rights of sex workers and were directed to treat all sex workers with dignity and should not abuse them, both verbally and physically, subject them to violence or coerce them into any sexual activity.
  4. The Press Council of India was directed to issue appropriate guidelines to protect the identities of sex workers, during arrest, raid and rescue operations. Besides, the strict enforcement of newly introduced Section 354C, IPC which makes voyeurism a criminal offence, was directed to be extended against electronic media as well.
  5. Measures that sex workers employ for their health and safety such as the use of condoms, should neither be construed as offences nor seen as evidence of the commission of an offence.
  6. The Central Government and the State Governments, through National Legal Services Authority, State Legal Services Authority and District Legal Services Authority, are directed to carry out workshops for educating the sex workers about their rights vis-a-vis the legality of sex work, rights and obligations of the police and what is permitted/prohibited under the law. It was also directed that the sex workers can also be informed as to how they can get access to the judicial system to enforce their rights and prevent unnecessary harassment at the hands of traffickers or police.

Notably, it was directed to the State Governments/ UTs to act in strict compliance with the above recommendations made.

HAS THE APEX COURT RECOGNIZED SEX WORK AS A PROFESSION?

The Apex Court in its recent order has categorically held “that notwithstanding the profession, every individual in this country has a right to a dignified life under Article 21. The constitutional protection that is given to all individuals in this country shall be kept in mind by the authorities who have a duty under Immoral Traffic (Prevention) Act, 1956”. Now, the controversial question here is whether the use of the term “profession” here implies recognition of sex work as a profession. Notably, the term profession has been used time and again in the earlier order of the Apex Court as well. But this cannot be termed as recognition of sex work as a profession. In this regard, the Court has clarified in one of its orders stating that “this Court should not be perceived to advocate the recognition of sex trade or promote the cause of prostitution in any form and manner.” Reportedly, on this issue, Tripti Tandon, advocate for the Durbar Mahila Samanwaya Committee and Usha Cooperative, which are parties fighting for the rights of sex workers, stated that the order “does not recognise or have the effect of recognising sex work as a ‘profession’”. Here, it needs to be clarified that from one perspective recognition of prostitution as legitimate work reinforces women’s position as subordinate or sexual objects for men. Having said this, one also needs to be mindful of the fact that the judiciary of this Country in a plethora of judgements has affirmed the stand that voluntary sex is not illegal. Thus, no reason exists to regard prostitutes as criminals and maltreat them.

THE WAY AHEAD

Notably, the matter is yet pending before the Hon’ble Apex Court and is listed on 27.07.2022. The Court has strictly directed that the Union of India file its response to the recommendations made by the panel within six weeks. Let us hope that the Government come up with some positive response and the class of sex-worker get dedicated legislation for the protection of their life and dignity super soon. May the current discussion of the law eliminate the moral hypocrisy and class discrimination surrounding the class of sex workers.

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By Atulendra Rathour

The Medical Termination of Pregnancy (Amendment) Act, 2021 has become operative from the 24th of September 2021. The amendment alters the parent legislation i.e., Medical Termination of Pregnancy Act, 1971 (MTP Act 1971) which provides a legal framework regarding abortions in India. The amendment increases the gestation limit for abortions by amending Section 3 of the act. The Amendment act further widens the ambit of the legislation by replacing “any married woman or husband” with “any woman or her partner”. This piece of writing is an attempt to draw a parallel between the Amendment act and the restrictive women’s reproductive autonomy. 

Abortion in India is a penal offense under Section 312 of the Indian Penal Code, 1860 (IPC, 1860) which provides imprisonment for three years. The MTP Act, 1971 provides with certain exceptions under which a woman can undergo pregnancy termination while escaping liability prescribed in IPC, 1860. With the Amendment Act, the gestation period has increased up to 24 weeks from 20 weeks. The woman can undergo an abortion within this period with the advice of medical practitioners. 

The Amendment Act is praiseworthy but still fails to regard woman’s reproductive autonomy. Instead of being a “right-based legislation” the act ends up being a “Doctor centric legislation”. Opinion of Medical Practitioner remains mandatory to undergo abortion as stated in Section 3. This infers that even if a woman wants to undergo an abortion she can’t if Medical Practitioners are of a contravening opinion. Additionally, vulnerable groups such as Sex Workers fall outside the scope of legislation as “Partner” remain a decisive factor, hence restricting their rights. 

The amendment seeming progressive fails to regard the precedent set by the landmark Puttaswamy Judgment in which the Hon’ble Supreme Court recognized that the ‘Right not to Procreate’ forms a part of Rights provided under Article 21 of the Constitution. The Hon’ble Supreme Court in Suchitra Shrivastava v. Chandigarh Administration observed, “There is no doubt that a woman’s right to make a reproductive choice is also a dimension of ‘Personal liberty as understood under Article 21 of the Constitution of India. It is important to recognize that reproductive choices can be exercised to procreate as well as to abstain from procreating… there should be no restriction whatsoever on the exercise of reproductive choices such as Woman’s right to refuse participation in sexual activity or alternatively on the insistence on use of contraceptives method.

Other than this, health infrastructure followed by orthodox society possesses a serious challenge to the provisions of the amendment. India ranks 145 out of 194 countries according to World Health Statistic Report, 2018. NITI Ayog has already informed about the shortage of about 6 lakh Doctors and 20 lakh Nurses. The situation is even more alarming in rural parts; according to Rural Health Statistics Report, there is a shortage of about 80% of Surgeons, Pediatricians, and Physicians, 70% of Obstetricians and Gynecologists. Apart from medical Practitioners, lack of equipment also possesses a serious problem. It would not be surprising to know that India’s Health budget is the fourth lowest in the entire world. 

Conclusively, the amendment act is progressive enough to widen the scope of Women’s reproductive autonomy with regards to abortion by increasing the time limit but still, the autonomy of women is not absolute as the Medical Practitioner has a final say about it. On the other hand, poor health infrastructure further remains a serious concern while undergoing an abortion.                                                                                                                                                                                                                                                                                                                                                                                                                                                                    

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Mehreen Mander

Last week, a Division Bench of the Kerala High Court in Mat. Appeal No. 151 of 2015 held that marital rape is a good ground to claim divorce. The Bench comprising Justice Muhamed Mustaque and Justice Kauser Edappagath dismissed a set of appeals filed by the husband challenging the decision of the Family Court, recognizing that “a husband’s licentious disposition disregarding the autonomy of the wife is marital rape” which amounts as physical and mental cruelty. The appeals were preferred by the husband seeking against a judgment of the Family court granting a divorce on grounds of cruelty. The husband’s petition seeking restitution of conjugal rights had also been dismissed.

Facts

The facts of the case were as follows: The appellant-husband upon failure of a business started subjecting the wife to constant harassment demanding money from her family, and on various occasions the father of the wife has given him approximately 77 lakhs. Further, the respondent had been subjected to physical harassment and sexual perversion. The appellant husband has committed forceful sex on numerous occasions – when she was sick and bedridden, when his mother expired and even in front of their daughter. She had also been subjected to unnatural sex against her will. Further, the husband was in an illicit relationship with the caretaker of the apartment. The family court had granted divorce on grounds of mental and physical cruelty.

Observations of the Court

The Division Bench while rendering its judgment observed that “sex in married life must reflect the intimacy of the spouse”, and in the present case, the sexual perversions the respondent was subject to was in disregard of her wishes and feelings. Further, the Division Bench observed that marital rape is premised on the patriarchal notion of the husband that the wife of the body owes to him. Such a notion, has no place in a modern social jurisprudence which insists on treating the spouses in marriage as equal partners.

The court recognized that “marital privacy” is connected to individual autonomy and any intrusion into this space would diminish this privacy. That a violation of bodily integrity is a violation of individual autonomy, which is protected as a fundamental right. Thus, the court recognized that “treating wife’s body as something owing to husband and committing sexual act against her will” is marital rape which is to be construed as an invasion of marital privacy. The Bench acknowledged that while marital rape is not criminalized in the Indian penal jurisprudence, that by itself does not deter the court from recognizing it as a ground for divorce. Marital rape essentially constitutes physical and mental cruelty, which is a ground for divorce under section 13(1)(i-a) of Hindu Marriage Act,1955 and Section 27 (1) (d) of Special Marriage Act, 1954.

Thus, the appeal was dismissed.

The Position of Law on Marital Rape

The Indian state is one among only 36 countries that refuse to bring marital rape under the purview of penal consequences. Section 375 of the Indian Penal Code, 1860 that defines rape categorically excludes instances of sexual intercourse by a husband with his wife who is aged above 15 years. The age of consent was later raised to eighteen years by the Criminal Amendment Act of 2013. The Supreme Court in Independent Thought v. Union of India also held that a girl child below 18 years of age was incapable of giving consent for sexual intercourse. The courts have however refrained from getting into the question of illegality of marital rape. This implies that adult wives can still be legally raped by their husbands under the current penal law in India.

The Justice Verma Committee set up in the aftermath of the 2012 Nirbhaya case recommended criminalization of marital rape. In 2017, a parliamentary panel set up to consider the Committee’s recommendations observed that criminalizing marital rape would bring the entire family system under great stress. Thus, it has refused to remove the exception in Section 375 which allows the husband to legally rape his major wife. The government has repeatedly insisted the sacrosanct nature of the institution of marriage to justify the exception.

It is pertinent to juxtapose such conceptions of marriage against cases where rapists are asked to marry rape survivors. Recently, while hearing a case against Mohit Subhash Chavan, a public servant who was accused to repeatedly raping a minor girl was asked by former Chief Justice of India SA Bobde if he intended to marry her. This is not an isolated instance. Rapists often marry the survivors to escape penal consequences under the persuasion of village elders or relatives. Judges too are persuaded by the arguments of stigma and honor. In some cases, rapists have deserted the survivor after marriage.

The apex court in judgments like Lillu Rajesh and others v State of Haryana has observed that a women’s supreme honor is “her dignity, honour, reputation and chastity.” That this supreme honor is defiled and degraded by the act of rape and thus renders the victim helpless and unmarriageable, is repeated in many judgments such as Deepak Gulati v. State of Haryana. Courts routinely advise marriage between the rapist and the survivor as a compromise – to save the woman from the resultant stigma and social rejection, and the man from punishment, especially in those cases where the victim has become pregnant.

Conclusion

It is very telling about the Indian jurisprudence that considers marital rape is essential to preserve the sanctity of the institution of marriage on one hand, and makes the rape survivor marry her rapist on the other. The jurisprudence at some level recognizes that a woman must suffer the worst form of degradation and harassment as a part of the regular course of marriage. The cost of preserving the institution of marriage must be the woman’s autonomy, and such cost must be paid by what the court itself recognizes as the worst form of defiling of her “supreme honour.” The only way to contradict this inference is to consider the married woman as the chattel of her husband, which is an understanding grossly violative of the fundamental right of equality.

In light of this, the Kerala High Court judgment becomes important. It recognizes autonomy as a part of privacy which is a fundamental right, and extends it to the private sphere of marriage and household which state has often refused to do. It in fact goes a step further in acknowledging the legal heteronomy and paternalism in the family and divorce laws of the country. Recognising marital rape as grounds for divorce opens the door for many women who suffered without recourse so far.

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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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“They slipped briskly into an intimacy from which they never recovered” – F. Scott Fitzgerald

The Covid-19 pandemic and the lockdowns which followed thereafter, has essentially led to several partners being quarantined at home. While this has been a wonderful time for cohabiting couples to connect with each other, several questions have been raised with regards to the safety of this intimacy.

Veering between social distancing and close cohabitation, many thousands of couples are rediscovering each other as cities and towns across the country go into lockdown. However, with this increased intimacy, many pharmacies as well as e-commerce sites have reported rising sales of condoms and contraceptive pills. While social media is abuzz with jokes and memes, some experts are concerned about the impact this could have on the sexual and reproductive health of women. During the initial days of the pandemic, the spike in sales of condoms and contraceptives were attributed to hoarding, dispelling the myth that couples were getting more intimate. Eventually, there was a marginal dip in sales but the lack of free movement of goods globally, has led to severe shortage of condoms and contraceptives. There is a real risk and grave threat that some of the supply chains are going to be broken and that there might be more stockouts and shortages in the months ahead.

According to a recent report by United Nations Population Fund (UNFPA), the number of women unable to access contraception, experiencing unintended pregnancies and facing gender-based violence has skyrocketed as the COVID-19 pandemic continues.

“This new data shows the catastrophic impact that COVID-19 could soon have on women and girls globally,” Dr. Natalia Kanem, UNFPA Executive Director said in a press release. “The pandemic is deepening inequalities, and millions more women and girls now risk losing the ability to plan their families and protect their bodies and their health.”

The data released by UNFPA, the UN’s sexual and reproductive health agency, predicts that over 47 million women could lose access to contraception, resulting in 7 million unplanned pregnancies if the lockdown continues for six months.
The World Health Organization this month said two-thirds of 103 countries surveyed between mid-May and early July reported disruptions to family planning and contraception services.

Unintended pregnancies can occur among women of all incomes, educational levels, and ages. Negative outcomes associated with unintended pregnancy include delays in initiating prenatal care, reduced likelihood of breastfeeding and increased risk of maternal depression and parenting stress.
A surge in teen pregnancies was reported in Kenya, while some young women in Nairobi’s Kibera slum resorted to using broken glass, sticks and pens to try to abort pregnancies, said Diana Kihima with the Women Promotion Center. Two died of their injuries, while some can no longer conceive.
Due to limited availability of surgical abortion services, particularly in rural areas, and barriers on availability of medical abortion drugs at chemists, many women may be forced to resort to unsafe providers, risking their health and lives during the lockdown period.

In parts of West Africa, the provision of some contraceptives fell by nearly 50 percent compared to the same period last year, said the International Planned Parenthood Federation.
“I’ve never seen anything like this apart from countries in conflict,” said Diana Moreka, a coordinator of the MAMA Network that connects women and girls to care across 16 African countries. Calls have increased to their hotlines, including those launched since the pandemic began in Congo, Zambia and Cameroon. More than 20,000 women have called since January.

The Women’s Health forecast has published some alarming statistics: There has been a 10% drop in Reproductive Healthcare. 49 million more women do not access to contraception which could lead to 15 million more unintended pregnancies, 168000 more newborn deaths, 28,000 more maternal deaths and 3 million more unsafe abortions.

Family Planning efforts has been upended by the Coronavirus pandemic. Health experts fear irreparable harm has been done to India’s already struggling family planning efforts. Many women are no longer receiving potentially life-saving services that can help them make informed choices about delaying, preventing, and spacing pregnancies. V.S. Chandrashekar, Chief Executive Officer at the Foundation for Reproductive Health Services India (FRHS), said, “Live births may actually be higher since access to abortion is impacted during the lockdown. Women with unintended pregnancy may be forced to carry their pregnancy to term, since they may not have access to abortion care.”
In the Indian context, an analysis of HMIS data by Population Foundation of India shows that during the months of national lockdown last year between April and June, compared to the same period in 2019, there was a 27% drop in pregnant women receiving four or more ante-natal check-ups, a 28% decline in institutional deliveries and 22% decline in prenatal services.

The failure of the health system to cope with COVID-19 pandemic resulted in an increase in maternal deaths and stillbirths, according to a study published in The Lancet Global Health Journal. The impact on pregnancy outcomes high on poorer countries, says the study. Overall, there was a 28% increase in the odds of stillbirth, and the risk of mothers dying during pregnancy or childbirth increased by about one-third. There was also a rise in maternal depression, impacting the child’s health. COVID-19 impact on pregnancy outcomes was disproportionately high on poorer countries, according to the study published.

Many routine and elective services have already been postponed or suspended by both Government and private setups in most parts of the world because of the unprecedented pandemic of COVID-19. Healthcare systems everywhere in the world are under pressure. Being a component of essential health services, family planning and abortion services should continue to cater the population in order to prevent the complications arising from unintended pregnancies and sudden rise in STIs.

When health systems are overwhelmed, countries need to make difficult decisions to balance the demands of responding directly to COVID-19, while simultaneously engaging in strategic planning and coordinated action to maintain essential health service delivery. The provision of many services will become more challenging. Women’s choices and rights to sexual and reproductive health care, however, should be respected regardless of COVID-19 status.

While the lockdowns imposed across the globe due to the Covid-19 pandemic has caused immeasurable damage to mankind, the the differential impact it has had on the sexual and reproductive health of women needs immediate attention. The “Baby Boom” in the United States should be a gentle reminder of the potential problems which might arise if sufficient attention is not paid to the sexual and reproductive health of women. The coming year may well bring a baby boom few can afford, along with a dangerous increase in unsafe abortions. It’s high time the world took note and made necessary amends.

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Shivangi Sharma (for The Womb) in Conversation with Sania Rehmani, the ideation head of Sex Education India. Sania joined us to talk about the organization and how they are bringing change by asking one uncomfortable question at a time. 

As the second most populated country in the world, we surely do not live upto the expectations of our citizens’ sexual well-being. Our children grow up in the blissful ignorance of sex education only to gain the wrong knowledge from dangerous sources. As a country while we agitate when we hear any instances of sexual offence, our understanding of it is so crooked that we don’t even acknowledge sexual crimes that happen right under our noses, committed by the very people we live with. Apart from sexual offences, there are several other social concerns that exist simply because our society is too conservative to talk about them. Topics like relationships, intimacy, physical and emotional growth during puberty, consent, gender norms, sexual orientation and many more that are essential part of a human being’s life are neglected in our growth years. The one subject that covers all of this is Sex-education. It is a topic that hits right at home for millennials who grew up knowing the importance of sex-ed, only to be deprived of it. But Gen-Z here has taken upon itself to deal with this head-on. Not only are they actively working on spreading awareness on importance of sex-ed, they are demanding the administration to wake up to their responsibilities and teach the subject, not just in a tokenistic manner but in a comprehensive and inclusive sense. The Womb had the opportunity to talk to one such proactive Gen-Z organization. Mincing no words, they are called Sex-Education for India who are aiming to normalize sex education and prioritize the need to teach consent in educational institutions.

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A Woman Of Strength

by Guest Author

By PARWAAZ

A woman has died in me
A woman of disease with a lack of peace.
An animal who would toil and ask nothing
A dried leaf who would flutter and flinch.

A victim of sex, an object of jest
Who would only moan at her best.
A giver of life, a dutiful wife
For the treacherous world; alas! so naïve.

No, it’s not death, but a murder
A phoenix reborn, you could shudder.
A cool shade for you to rest
With all respect and no more jest.

A spring of love for you to thrive
Together we grow, take a long flight.
A place of trust and compassion, for you to fall apart
Together we are complete, and broken, when kept apart.

I am a woman of strength you can’t barge
I refuse to be dumb, I now take charge.
.

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The Womb - Encouraging, Empowering and Celebrating Women.

The Womb is an e-platform to bring together a community of people who are passionate about women rights and gender justice. It hopes to create space for women issues in the media which are oft neglected and mostly negative. For our boys and girls to grow up in a world where everyone has equal opportunity irrespective of gender, it is important to create this space for women issues and women stories, to offset the patriarchal tilt in our mainstream media and society.

@2025 – The Womb. All Rights Reserved. Designed and Developed by The Womb Team

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