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Friday, December 28, 2012

The house does not rest upon the ground, but upon a woman.



Ye daag daag ujala, ye shabgazida sahar
vo intezar tha jis ka, ye vo sahar to nahin
ye vo sahar to nahin jis ki aarzoo le kar
chale the yaar keh mil jayegi kahin n kahin
falak ke dasht men taron ki aakhiri manzil
kahin to hoga shab-e-sust mauj ka sahil


This leprous daybreak, dawn night’s fangs have mangled –
This is not that long-looked-for break of day,
Not that clear dawn in quest of which those comrades
Set out, believing that in heaven’s wide void
Somewhere must be the stars’ last halting-place,
Somewhere the verge of night’s slow-washing tide,
Somewhere an anchorage for the ship of heartache.

                  (Written By faiz Ahmed Faiz)


Don’t you ever think that it’s a common phenomenon for us to see women getting raped? Common because we all participate in this. Few rapes them at the so called scene of crime and many rape them afterwards either by questioning them how it happened or by lawyers for explaining the whole event in front of the court or by politicians making mockery about the rapes. I hope everyone remembers the Lawyer Chadda of Damini movie and that scene where the protagonist, Damini, fighting for a raped & murdered girl lost her patience and spoke her mind in the open court [Reminder link: http://youtu.be/BlFfVYedCqY?t=1m43s].


But have we ever thought who is responsible for all this happenings of this world and how it can be now cured?


Poverty of india is responsibily for everything ?

I don’t think poverty subjugates our moral values (if we have). Have we forgotten most recent Shiney Ahuja case?

Just few days, I was talking to my tech-lead who had spent almost 20 years in U.S. He was talking about his experiences when they used to go out for CSR (Corporate Socio responsibility program) to a State owned Refugee camp. He talked about this boy who nearly 10 years old, his father was in jail for some crime and mother was living with her boy-friend and this kid used to stay with two half-brothers. He told me few experiences which made me think about moral strength of that kid:

a)      So in these state owned refugee camps, government provides food, shelter, education and some vocational job so that they can earn their livings. This kid was really bright in learning and interacting with folks. Once while distributing muffins, he found that his mother had hid her muffin and was again in the queue for another muffin. He went to the supervisor and complained against her. There was no wrong feeling in him about his mother, he used to live happily with his half-brothers, but when his mother did something unethical, he felt bad.

b)      So in America also, kids sharp pencils from both sides (I hope every one of us have done that). The rich kids (average middle class also) throw those pencils when both ends meet. This kid used to gather those small pieces and used them for his homework. My lead once bought some pencils but he just thought of testing him. He kept one pencil by his side and while he was helping on some mathematics questions, he said “this is the way to solve it, now take this pencil and finish the next question”. Kid gazed at him and replied “this is not my pencil, I have five pencils” and he took five small left out pencils from his pockets. He could have taken it but in fact after my lead told him that he had brought it for him, this kid didn’t took it.

             My point was Morality doesn’t grow with the growing bank balance. Do you think above depiction of moral values can be seen in we, Indians.  I doubt that now.


Poor Education of india is responsible for everything ?


As per the data provided by the National Crime Records Bureau, Madhya Pradesh tops in rape cases(reported as many as 2,937 cases), Nagaland ranks lowest(reported as many as 19 cases) (Source). And if we see the Census of 2012, Nagaland with a population of 1,980,602 has a literacy rate of 80% where Madhya Pradesh has a population of 72,597,565 with 71% literacy rate. So looking at this data, can I safely assume that 9% of less literacy in Madhya Pradesh is responsible for nearly 100 times more rapes in it? If this theory is correct then how come Kerala , being the most literate state, is at the top of the National Crime Records Bureau (NCRB) figures  for crimes [Source  Kerala also ranks highest on incidents of rioting and arson with a rate of 26 compared to the national average of 6.4, although Bihar at 8,809 incidents accounts for almost 13% of all riots in the country. To put these figures in perspective, NCRB has also compiled separate statistics for violent crimes that include murder, attempt to murder, rape, kidnapping and dowry death]


Politic situation of India for everything?


Lot of people can argue on this stating the rusted police department and corruption in india is responsible for every wrong thing in our country. But frankly telling these have very less role to be played here. Our minds are corrupted because nearly in 20% of the reported rape cases, it has been found that family members were indulged in those inhumane acts. How can honesty of police officer or political figures comes in picture when family, which is in fact considered as the most secure place is involved in such cases.


Is it our true Nature?

 
Do you think "Ladies first" has just become a nice simple way of saying "Let me look at that ass while you walk in front of me". Sorry but that’s the way we are. Don’t you think eve-teasing is more common than common cold in India? The moment we see a girl in skinny jeans or half naked legs, our eyes will be wide open. In fact, I have seen girls looking girls from tip to toe in such a bad manner (I agree the feelings vary between jealousness and sexual urges). Problem (in my opinion) lies in our mentality. So far, we have seen Indian women as a house wife (I am talking mostly till my mother’s era). Now that women have grown up in their intellect and tried to raise their strata in society, then how come man let this happen? He has expected women always to take his orders and now she being an equal or rising high suits us. In fact, if you see women who raise their level either by power or emotions, they start fighting for something called “varchasav ki ladai”. I mean in a family if a woman is head, then she will control all other ladies and will not like any other lady to grow up on the ladder. Same is true in most of the organizations. They feel insecure in the company of women. In most of the cases of female infanticide, elder women are involved in killing/provoking these crimes. Same are for dowry. Yes, for rapes women have no part. But they do justify it by saying “what was she doing at that time with her boyfriend or her dress must have provoked this or she must be drunk and instigated this”.

Looking at the today’s condition, it reminded of an old song written by Kavi Pradeep, so apt for current situation:

Rote hain aangan galiyaare, - the courtyards and alleys are crying
Rote aaj mohalle saare, - today all neighborhoods are crying
Roti Salmaa, roti hai Seeta, - Salma is crying, Seeta is crying (Muslim & Hindu names)
Rote hain Quraan aur Geeta - Quraan and Geeta are crying (Muslim & Hindu Religious books - regardless of what religion they follow everyone is crying)

Aaj Himalaya chillaataa hai, - today the Himalayas is shouting
Aaj salaamat naa koi ghar hai, - today no home is safe any more
sab ko lut jaane kaa dar hai, - everyone is afraid of being looted
Humne apne watan ko dekhaa, - We have seen our country
aadmi ke patan ko dekhaa, - we have seen the downfall of men
Aaj to bahanon par bhee humlaa hota hai, - today even sisters are attacked
duur kisi kone mei majhab rotaa hai, - in some far corner religion cries


What can be done now?


First of all, stop thinking of those brutal pictures you all have seen on social networking sites about castration or public hanging of rapists in some countries. Let’s be sensible and pragmatic in our approach. There is no provision of such uncivilized acts in civilized courts.
Let’s look in our rule book for it, I mean what provisions Indian penal court has for it :

"The law of rape is not just a few sentences. It is a whole book, which has clearly demarcated chapters and cannot be read selectively. We cannot read the preamble and suddenly reach the last chapter and claim to have understood and applied it."  -   Kiran Bedi.

As rightly said by Kiran Bedi and I am also not a law student who can give all sections , so please consider it max effort of my knowledge.

a)      There is no section like Attempt to rape (can be added in Section 511 in The Indian Penal Code, 1860 but it’s a very generic one ), so we don’t believe in attempt, we want job to be finished only then we agree . We have seen some bad examples when victims have been raped by police officers and court released them saying it were consensual sex (notorious Mathura rape case).

b)      It was only after a woman employee who was subjected to sexual abuse by her superior officer, a NGO (Vishaka) in 1997 filed a petition to draw the attention of the Court about sexual harassment cases. This Writ Petition brought the enforcement of the fundamental rights of working women under Articles 14, 19 and 21 of the Constitution of India in view of the prevailing climate in which the violation of these rights is not uncommon.
1.      Sexually colored remarks
2.      Physical contact and advances
3.      Showing pornography
4.      A demand or request for sexual favors
5.      Any other unwelcome physical, verbal/non-verbal conduct being sexual in nature.

c)       Section 509 in The Indian Penal Code, 1860 : Word, gesture or act intended to insult the modesty of a woman :Whoever, intending to insult the modesty of any woman, utters any word, makes any sound or gesture, or exhibits any object, intending that such word or sound shall be heard, or that such gesture or object shall be seen, by such woman, or intrudes upon the privacy of such woman, shall be punished with simple imprisonment for a term which may extend to one year, or with fine, or with both.

This came to public news when Rupan Bajaj was slapped on the posterior by the then Chief of Police, Punjab- Mr. K P S.Gill at a dinner party in July 1988.

d)      The offence of ‘rape’ is covered under Section 375 of the IPC. Per the Explanation to the said section, penile penetration alone will ‘constitute the sexual intercourse necessary to the offence of rape’. Hence, offences like fellatio or cunnilingus (i.e. oral sex) and penetration by any other object or part of the body (like finger or toe), fall beyond the realm of Section 375. Consequently, sexual abuse of a minor in the form of unlawful sexual contact or by exhibiting pornographic material is outside the ambit of Section 375.

e)      Under the present scheme of the IPC, the penetrative abuse of a child below the age of 12 is classified either as unnatural offence under Section 377 or as outraging the modesty of a woman under Section 354; depending upon the ‘type’ of penetration. The said jurisprudence is based on a faulty premise, for the following reasons:-
Firstly, a vulnerable child cannot discern the degree of difference in terms of which her orifice is penetrated. So determining if the offence falls under Section 377 or Section 354 is practically impossible.
Moreover, the physical and psychological impact of the sexual offence on the child should be the basis for making out an offence under the IPC, rather than scrutinizing the ‘type’ of penetration.
And finally, is it not wrong to treat non- consensual penetration upon a minor as offence under Section 377 on par with certain forms of consensual penetration (e.g. consensual homosexual sex) where a consenting party can be held liable as an abettor or otherwise?

f)       Section 376 in The Indian Penal Code, 1860 - Punishment for rape: This is something which is possible in current situation and this is the one which has been amended in past 30 years with addition of various new acts (result of few bad rape cases). In this section, in worst case the culprit can have 10 years of imprisonment.

In the Delhi case , they can add the section 302 and attempted to murder and either the culprits can be punished for life time imprisonment ( which tax payers like me don’t want) or they will be hang till death ( which of course are more appropriate)

I am not saying that we should not protest against it. It is the protests only which can make Supreme Court intervene and amend the old rotten system and can create special and strict punishment for such heinous crimes.

Current situation of our nation seems to me like the famous historical episode of The Rape of the Sabine Women.



आह को चाहिए इक उम्र असर होने तक
कौन जीता है तेरी ज़ुल्फ़ के सर होने तक।

[My] longing [for you] requires a lifetime for its realization
Who may live that long to see its effect on you?  
 (Words of Mirza galib)

Same are my longings from Indian courts making strict laws and quick action policies for such horrendous crimes.


Some of the previous notorious rape cases readings:
  • In the Mathura Rape case [(1978) CrLJ 1864 SC] the Supreme Court acquitted the two policemen who raped a sixteen year old girl on the grounds that the victim had no visible marks of injury and that she did not raise an alarm.

  • In Mohd. Habib v. State [(1989) CrLJ 137 Delhi] the Delhi High Court acquitted a man who raped a seven year old girl, asserting that there were no marks of injury on his penis. The Court refused to take cognizance of the bite marks on the victim’s person and the fact that she suffered a ruptured hymen on account of the sexual assault.

  • In Vishaka & Ors vs State Of Rajasthan & Ors , where, on behalf of a woman employee who was subjected to sexual abuse by her superior officer, a NGO (Vishaka) filed a petition to draw the attention of the Court, as to the atrocities committed on the women folk in workplaces. This case was a landmark decision towards the self empowerment of women. For the first time, Courts have decided based on an international instrument, when there was no law specifically in force in India, for matters relating to sexual harassment. The move was based on India's ratification of the international instrument, CONVENTION ON THE ELIMINATION OF ALL FORMS OF DISCRIMINATION AGAINST WOMEN (CEDAW).

  • In State Of Maharashtra And Another vs Madhukar Narayan Mardikar, the respondent, Madhukar Narayan Mardikar, was serving as a Police Inspector, Bhiwandi Town Police Station in District Thana of Maharashtra State in November 1965. On 13th November, 1965, between 8.15 and 8.45 p.m. he allegedly visited the hutment of one Banubi w/o Babu Sheikh in uniform and demanded to have sexual intercourse with her. On her refusing he tried to have her by force. She resisted his attempt and raised hue and cry. Her husband and neighbours collected outside the hutment. The hutment was about a furlong away from the Police Station and about 100 yards from Kuwari's Bungalow. After people from the vicinity collected at the place of occurrence the respondent rushed to Kuwari's Bungalow and telephoned the Police Station to rush police aid. PSI Ghosalkar who received the phone call rushed to the place of occurrence in a police jeep accompanied by PSI Wadekar and other policemen. On reaching the scene of occurrence they found the respondent in uniform standing at some distance from the hutment of Banubi. They also saw an agitated Banubi near her hutment. The respondent directed that the woman be taken to the Police Station as she had abused him. She was taken on foot to the Police Station by Head Constable Kulkarni and Police Constable Desale. The respondent and others returned to the Police Station in the jeep.
·         N Radhabai vs. D. Ramchandran :  Radhabai was the Secretary to D Ramchandran. D. Ramchandran was the then social minister for state. Radhabai protested against his boss’s abuse of girls in the welfare institutions. She claimed that  Ramchandran attempted to molest her and later dismissed her from the job. The Supreme Court laid down its decision in favour of Radhabai, with back pay and perks from the date of dismissal.
http://www.legalservicesindia.com/forum/topic47-miss-radha-bai-vs-the-union-territory-of-pondicherry-represented-by.html
Regards,
Aditya Deadpan