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Supreme Court of India

By Ishani Dash

I was around five or six when my paternal uncle married my paternal aunt, prompting a huge celebration in the family that people from all parts of the state of Odisha came to attend. I do not remember the size of the wedding; only the joy of meeting a new family member who I felt was sure to love and care for me. It was years later I learned that my grandparents had one strict rule for both their sons’ weddings that they printed on all wedding cards: “Please bring only blessings, no gifts”.

It took me several more years to understand the significance of this statement. In the meantime, I attended many Indian weddings, big and small, enjoying their extravagant displays and/or beautiful simplicity. Over time, I noticed things I had never bothered to see: the system of give-and-take that accompanies many of our great Indian weddings. A large majority seemed to really care what gifts they received and placed those gifts as the defining factor in understanding the strength of their relationships.

In the years since, I have asked deeper questions to the people who have gotten or are about to get married: what importance does a wedding gift hold in your life? Have familial relationships been made or broken due to the type and size of gifts exchanged? How do you resolve conflicts that arise from holding values or ideas that do not subscribe to marital inequity?

Don’t get me wrong – I love wedding gifts, or rather, I love gifts; carefully selected tokens of affection are my love language. I understand that gifts are part and parcel of weddings. My problem is not with gifts; it’s with obligations. Specifically, the obligations for gifting that arise from a groom’s side of the family. These ‘expectations’ (spoken or unspoken) become a euphemism for a darker reality in many traditional weddings, particularly in arranged marriages: a misnomer for the word-we-dare-not-say-out-loud. But here we are, calling it what it is: dowry demand.

The origins of dowry in India are heavily debated. While it is possible that women were provided dowries to secure their comfort with their in-laws, this practice was more or less distorted when British laws prohibited women from owning property. Now a crime under the Dowry Prohibition Act of 1961, dowry has largely become a ‘socially acceptable’ crime as long as it does not involve dowry beatings or deaths: verbal comments about how a bride’s family could have afforded to buy more gold jewelry or household items are well tolerated, even encouraged. A few years ago, researchers Jeffrey Weaver and Gaurav Chiplunkar noticed an alarming trend in their study: dowry payments in India made in the last fifty years amounted to nearly a quarter of a trillion dollars! Accordingly, the amount of dowry expected is now linked to the quality of grooms, driven by education and job opportunities. In other words, if you want to pay off your son’s student loans, get him married off and casually put ‘expectations’ on the table. If the expectations do not match, let your daughter-in-law know that you are very disappointed with the lack of ‘respect’ that a groom’s family surely deserves – after all, they happened to give birth to a boy! And raised him to be a high-quality one too.

In a country where gender reveal is banned across all medical institutions, the relentless pursuit of male offspring continues, fueled by the insidious practice of dowry. ‘Marital rape’ has a separate definition from ‘rape’ because it is not considered a crime just because it happens to take place within the confines of a marriage. We hear about the Taliban’s extreme laws prohibiting women from even hearing other women’s voices and call it gender apartheid, but we refuse to acknowledge the subtle ways we still stereotype genders in archaic norms. In our infinite wisdom, we have calmly accepted actions that keep a married woman’s positioning in society as subjugated to her husband’s as normal or acceptable.

Today, let us call out all those practices. Do you critically examine a bride’s wedding jewelry at weddings? If the bride does not wear enough jewelry, do you view it as some form of disrespect or shame? Do you ask for gifts under some pretext or expect them from your daughter-in-law’s parents? It’s important we reflect on these questions. Our laws may have criminalized dowry, but the sense of entitlement continues, partly because we accept emotional abuse as the status quo in our marriages. A friend once told me her husband commented on their wedding night that a birthday party in their family was held more lavishly than the wedding her parents threw for him! It made me wonder who decided the measure of one’s love or respect was the grandness of one’s celebratory affairs. After all, isn’t one’s wedding day the least important day of their married life? It’s everything that comes after the excitement and nerves of a wedding saga that truly sets the foundation for the rest of a couple’s life.

In a world where all genders are finally being recognized and heteronormative weddings are no longer unthinkable, why have we not moved away from the practice of spending indulgently on a groom and his family for being kind enough to marry a woman? A custom that begins a marriage on uneven grounds, despite both parties entering the marriage equally in every aspect, is nothing but a relic of a bygone era that exploited women and took pride in the fact that less than 1% of Indian women could choose to leave an unhappy home.

Do straight Indian men truly believe they need to be paid, in gifts, cash, clothes, or otherwise, to marry somebody? Unsurprisingly, many do not treat their wives as partners but continue to dismiss her wishes, feelings, and needs – seeing them as trivial or mere ‘wants’. After all, where the foundation of a marriage is not mutual respect, why on earth would a husband suddenly treat his wife any differently after a wedding thrown in his honor?

The sorry state of affairs often continues, unfortunately, well into a marriage, where many women are slowly stripped of their independence until they have nowhere to go and nobody to lean on. Just search the number of disturbed people asking on Quora or Reddit about their in-laws gatekeeping wedding gifts or demanding to keep their bridal jewelry in their lockers for ‘safety reasons’. A woman who tries to leave such a household is met with uncooperative police, unsupportive family members, and a laidback justice system that does little to alleviate her torment. This is not just limited to joint family households in India but is very much a part and parcel of the lives of several non-resident Indians (NRIs) living away from home. It is possible that NRIs are easier to manipulate as they are unaware of the societal progress among their peers and consider ‘Indian customs’ to be their ties to a home they chose to leave. We don’t say the word ‘dowry’ in India, but we sure have learned to hide it in the form of ‘gifts’, ‘expectations’, and ‘respect’. If women refuse to comply, then it is ‘disrespect’. If they agree, it is ‘tradition’.

The feminist in me would break apart if I didn’t hear about people who no longer spend their parents’ lifelong savings on weddings, but plan and fund it themselves; people who celebrate their wedding at a senior citizens’ home; and people who marry the people they love, regardless of their gender. I see a change that I hope will permeate every corner of society, cutting across our man-made definitions of religion, caste, class, gender, skin tone, educational qualifications, and everything else that divides and rules our minds and hearts. But with each heart-melting story of progress, there are countless others resigned to their societal fates.

My only question to all those who continue to threaten, or what they would call strongly request, a woman to show off her parents’ hard-earned money in the form of expensive jewelry and other gifts is: Do you truly believe a marriage built on a foundation of coercion is a marriage at all?

To everyone else entering a marriage this season, please do not let patriarchy win. Please teach your children that self-respect and dignity are non-negotiable. If you like flaunting your jewelry, by all means, do so. But don’t do it out of any sense of obligation, believing this ‘small ask’ will be followed by a marriage based on equality, mutual respect, and trust. It will not happen. A person who loves you will not make you live your life for society unless they are gaining something out of it. And nobody who truly respects you will choose to make you uncomfortable and unheard, least of all your spouse.

My grandparents, I believe, were ahead of their times when they refused to receive wedding gifts for their sons’ weddings. Their ideologies, principles, and values run deep in the family tree. One day, if I have a child who decides to get married, I will do my part to help ensure that their wedding, and hopefully their married life, is nothing but truly and completely, a union of equals.

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By Lauren Prem

Ground protest, sometimes seem to be the only panacea to outright fundamental right violations in India. Expressing outrage against the ghastly Kolkata rape and murder case, men and women, especially women in large numbers hit the streets in Kolkata on the eve of the Independence Day, 2024. While the protests were initially planned to happen in college street and academy areas of Kolkata, it spread across the nation as many other cities stepped in to reclaim the night and highlight the safety issues that women still face in our country. However a small group of people also entered into the RG Kar Medical Hospital and college, vandalizing the hospital property and attracting attention in the news for its violent nature, taking away some of the attention from the otherwise well meaning and very impactful protests on ground.

Reclaim the night is a protest, having its roots in the late 1970s in the city of Leeds in England, that followed the Yorkshire ripper incident. The protest mainly begun and was fueled by women’s rage for imposing curfews on them, as a response to the brutal crimes happening to them. The fact that the focus lay on women’s conduct and not on rectifying the behaviors of unscrupulous men, enraged many women.

Later on, in the 2000s, the protest was not restricted solely to women or Leeds. Rather, it expanded to other parts of the world and protestors consisted of people belonging to all genders. Each incident reinforced this unique idea of protest – taking back the night or reclaiming the night and hence, became popular worldwide.

In the Indian context, the grave incident that happened to the woman doctor, preceding the Independence Day led to questioning the very purpose of celebrating Independence Day, considering the lack of freedom in the country. RimJhim Sinha, a social science researcher from the Presidency University in Kolkata, prompted the protest on Facebook stating her decision to spend her Independence Day reclaiming the night and fighting for the freedom of women. This gave birth to a new freedom movement for women in the country through this popular protest.

Against the backdrop of this protest which sought to serve as a reminder of the present safety conditions of women in the country, the protestors were surprised by the violence that took place in the RG Kar Medical college and hospital –the place where the doctor was raped and murdered. Miscreants fled the hospital and vandalized property to unleash the rage and demonstrate their disapproval regarding the way the case was being handled. Further, eye witnesses say that police vehicles standing in the vicinity were stone pelted.

As one side of the protest demonstrates violence, the other side signifies disheartenment and deep melancholy regarding women’s situation in our country. A young doctor, Pratyasha Das, reports that she had to get her male friends to accompany her to this protest due to fear of safety. She even highlights the inequality in the medical field by mentioning the stereotypical questions asked to her for choosing a career in the medical field – questions that are never asked to male doctors. Ironically, she had to worry about her safety while fighting for safety. Such is the sad reality of women in India – educated or uneducated.

We should strive to be a country which is truly independent and not just in the namesake, where women who comprise about half of India’s population can live, feel and move about as freely as men do.

Equality, safety, dignity and other cherished fundamental rights as per the Indian Constitution, can be enjoyed by a person only if they are alive. In this particular case, the right to life of the doctor was itself under threat. The constitution promises many rights, but the reality is that governments in India are still a far way away from ensuring that these rights are implemented on ground.

There is no dearth of schemes and laws to protect the rights of women. However, the current scenario provides us with no choice than to believe that laws are not sufficient to tackle these nightmares. To put it in another way, laws have failed to portray deterrence – the very foundational objective of criminal law. If a majority of the people choose not to follow the laws, the entire system will collapse.

On the one hand, each individual needs to be conscious of their actions and of how it will affect their fellow beings. On the other hand, we need systemic efforts to ensure that laws that exist don’t remain merely on the shelf but are actually implemented on ground. It shouldn’t take conscious shaking rapes or ‘reclaim the night’ in every city for the politicians in India to take women safety seriously.

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By Shivangi Sharma

Recently, the Ministry of Social Justice and Empowerment sought the National Commission for Backward Classes’s advice on the issue of including transgender people in the OBC list. This move if implemented will amount to providing transgender persons ‘vertical reservations’ within the OBC community, effectively dispossessing them of their Constitutional Right of reservation under the already existing categories. Trans Rights Now Collective, an organisation fighting for the rights of Trans Community founded by Grace Banu held a press conference in Delhi demanding Horizontal Reservation for Transgender Persons and Intersex persons. This move has once again highlighted the lack of intersectionality in our fight for human rights and government’s welfare schemes. 

When Kimberle Crenshaw coined the term “Intersectional Feminism”, she argued that black woman could not be understood without understanding the concepts of being both black and a woman independently but with intersecting parts that supplement each other. Individuals carry multiple social identities that accord them with certain privilege or make them vulnerable to oppression, attacking that very identity. In India, caste and gender based discrimination has prevailed for centuries and is still being carried forward by the hegemony of Brahminical patriarchy. Understanding intersectionality in Indian context begs the question of acknowledging that our world is largely divided by caste and gender binaries and caste discrimination further marginalizes the already oppressed communities. The remains of colonial structure of state has enabled this layered oppression and the same is reflected in government’s policies masquerading as “inclusive and progressive.”

The idea of granting reservation to Transgender persons stems from the year 2014 when the Supreme Court of India passed a judgment recognizing constitutional rights of transgender persons as equal citizens of this country (National Legal Services Authority v. Union of India (2014) 5 SCC 438 “NALSA judgment”). The Court held that the right to gender identity is inherent to one’s right to life autonomy and dignity and that people have the right to self-identify their gender. The judgment further went onto say that transgender and intersex persons are legally entitled and eligible to get the benefits of special provisions envisaged under Article 15(4) for the advancement of the socially and educationally backward classes (“SEBC”). The judgment effectively constitutionally bounds the State to grant them reservation in the cases of admission in educational institutions and for public appointments. Following this, in the same year, Rajya Sabha MP from DMK, Tiruchi Siva piloted a private member’s bill providing for reservation in employment and education for transgender and intersex persons. This was the first draft ever to come to the floor of Parliament for the protection of rights of Transgender persons. The definition in the bill did not include identity of Intersex persons, however, it proposed a scheme of horizontal reservation, providing reservation to transgender persons within the already existing reservation categories. Subsequently the central government in 2016 came up with the Transgender Persons (Protection of Rights) Bill 2016 which watered down the many progressive provisions of the previous Bill and provided with a very problematic definition of Transgender persons, reinforcing injurious stereotypes about transgender persons as being part male and part female and did not mention reservation inviting widespread protests from the members of the Trans community. Post this, a new Bill was surfaced in 2018 with the same name in an attempt to rectify the previous mistakes, but it hardly did away with any of those regressive provisions.

The press conference led by founder of the Trans Rights Now Collective, Grace threw light on how including all transgender persons under the OBC category will not recognise the caste status of transgender and intersex persons and amounts to injustice to the marginalised within the community. Grace is Dalit and Transgender rights activist and has been advocating for horizontal reservation for the trans community and challenging the cis-brahmanical patriarchy highlighting the struggles of Dalit-Transgender persons. In conversation with Grace about the intersectionality of gender and caste, she explains how the entrenched transphobia and casteism has pushed the Trans Community and people belonging to Dalit, Bahujan and Adivasi community (DBA) to be one the most underprivileged communities in India, socially, educationally and economically. Opposing the government’s move to categorise Transgender persons under OBC, Grace emphasises on how unjustified it is for a transgender person belonging to DBA community to give up their right and be identified as OBC while the state and society continue to discriminate against them on the basis of both their caste and gender identity. 

“There is no recognition of Trans community and the situation is even worse in rural parts of the country. Trans people are not even accepted in their own families, forcing them to live impoverished lives of sex workers. Oppression and lack of awareness discourages trans people from coming out making their lives unsafe in their own homes and finally when they take that courageous step of coming out, the discrimination faced by them at the hands of state to get the right documentation for legal recognition exposes the transphobia and casteism inherent in our policies and actions.” 

NALSA judgment did guarantee the right to self-identification, however, did not lay down any mechanism for the same and the Central and State government are yet to legislate on it. The mechanism mentioned in the proposed Bills invites several interventions by the state and medical professionals for people identifying as trans to be legally recognised as such, taking away their autonomy of self-identification.  A person’s gender identity is a highly personal matter and the right to gender recognition must not hinge on a medical statement.

Grace also discusses the persisting casteism within the Rainbow Umbrella. “Savarnas don’t acknowledge our struggles and do not speak up against casteism. There is no solidarity from the Upper Caste people of the community further oppressing us.” She emphasises on education and employment in government sector that will pull the community out of poverty and oppression and for that, horizontal reservation in education institution and employment opportunities is a must. 

Kanmani R, lawyer and Research Associate at Jindal Global Law School spoke about access, equality and Trans inclusion in education at the 5th National Conference on Transgender Rights and the Law conducted by the Centre for Law & Policy Research. Kanmani talks about how courts and judges across the country keep talking about representation of transgender people in courtrooms but they don’t explain how. The process of getting the right documentation to getting admissions in law schools is so unimaginably difficult, how do these judges expect transgender people to magically climb the ladder in the name of “representation”. The same is true for every sector of employment. She emphasises on asking for equality and access for Transgender persons rather than meagre “representation”.

Horizontal Reservation for Transgender and Intersex persons ensures that their caste identity is not invisiblised and their systematic oppression on multiple basis is not trivialised. Quotas for horizontal reservations cut across the quotas for vertical reservations in a manner that is called inter-locking reservations. In other words, a special reservation is provided within an existing category of social reservation, similar to reservation for women and persons with disability. This is also a form of recognising the intersection of multiple identities and resulting vulnerabilities.  Karnataka State Government this year has become the first state to provide 1% reservation for transgender persons in employment for civil services posts across caste categories. This move from the state government came after the intervention of an organization working on the rights of transgender persons and sexual minorities Jeeva in Sangama v. State of Karnataka challenging a notification for recruitment to the State Police which did not have a ‘transgender’ category. State government in the litigation had expressed that they were in the process of providing reservation to Transgder persons within OBC category and the intervention led to government promulgating an amendment granting horizontal reservation.

Trans Rights Now Collective circulated a public statement demanding horizontal reservation for transgender persons, requesting endorsement from public. Their demand has also been endorsed by several MPs including Dr. Kanimozhi, Dr. Shashi Tharoor and Kanimozhi Karunannidhi. The statement can be accessed here.

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