#India – Womb and Wolves #Vaw #Womenrights #medicalethics


By Swagata Yadavar, THE WEEK
Story Dated: Monday, April 15, 2013 15:8 hrs IST
Guddi devi, 27: She had sought treatment for a simple stomach ache. The doctor prescribed hysterectomy. Today, with all her vitality sapped, she feels it was the biggest. Photo by Amey Mansabdar

“I feel sick.”
“I feel sick.”
“I feel sick.”
These words still echo in my ears. They did not come from a dying man or a depressed woman. They were whimpered by scores of ‘normal’ women in India‘s rural hinterlands.
The cause lay in two words uttered by their unscrupulous doctors: bacchedani kharaab. These gullible women were told their uteri were faulty, and that they had to be removed.
THE WEEK’s journey through some villages in Bihar and Rajasthan revealed the plight of women—many of them allegedly unmarried—whose wombs were removed as “treatment” for everything, from a simple stomach ache to menstrual issues.
Why? The reason, again, lay in two words: filthy lucre.


Sunita Devi, a 35-year-old labourer of Latbasepur village in Bihar’s Samastipur district, would tell us more. It all started with a debilitating stomach pain, which she had ignored for long. Thanks to the Rashtriya Swasthya Bima Yojana, she hoped to finally get proper treatment at a private hospital.
At Krishna Hospital, one of the hospitals empanelled in the rural health scheme, Sunita was told she needed an appendicitis surgery. And a hysterectomy, too.
She underwent both eight months ago. Today, she is feeble. “I often get palpitations,” she said. “I get frequent headaches and gas trouble.”
The mother of five can no longer work in the fields. She now assists at a small shop in the village. The plight of her two sisters-in-law who also underwent hysterectomies is no different.
Three years ago, the RSBY, which entitles families below poverty line to free treatment up to Rs.30,000 a year, was implemented in Samastipur district of Bihar. It was a godsend for the rural masses. But, in the hands of greedy doctors, it became a cruel instrument to siphon off public money.
The Samastipur scam came to fore when District Magistrate Kundan Kumar found an alarming number of hysterectomies conducted by private nursing homes during an RSBY meeting. Of 14,851 procedures conducted under RSBY between 2010 and 2012 in 16 empanelled hospitals in Samastipur, 5,503 were hysterectomies. That is about 37 per cent of all procedures. In some hospitals, more than 50 per cent were hysterectomies, which costs the highest of all procedures under the RSBY scheme.
Kundan Kumar organised a five-day medical camp to ascertain if the procedures conducted were needed. About 2,600 women who had undergone hysterectomy attended the camp. The expert team found 717 cases of unwanted surgery, 124 cases of underage surgery, 320 cases of fleecing and 23 cases of non-surgery.
The magistrate’s report clearly pointed to gross unethical practices. For instance, Anita Devi, 23, who complained of abdominal pain and white discharge, had been operated upon. The expert team commented: “Conservative treatment should have done, hysterectomy not justified.” Similar was the case of Ratna Devi, 40, who underwent hysterectomy for appendicitis.
The report noted that many beneficiaries mentioned by the private hospitals could not be traced. In many cases, the hospitals simply swiped their RSBY cards but never conducted the procedures. There were also instances of procedures being marked against the name of dead people. Worse, some hysterectomy ‘cases’ reportedly turned out to be men!
It was found that many of the private hospitals and nursing homes did not have the requisite infrastructure for the procedures. Only some of them had well-trained surgeons, and in a few cases, operations were conducted by non-medical practitioners.
Subsequently, 12 of 16 nursing homes in Samastipur were de-panelled from the list. FIRs, too, were lodged against five of these guilty hospitals under various sections.

Sangita devi, 26: She underwent hysterectomy two years ago. Her husband says the doctor who operated upon her often hassles her for signatures on “some paper”. Photo by Amey Mansabdar

The involved doctors, meanwhile, were doing their best to cover their tracks. “Dr Thakur from Krishna Hospital often comes to our house asking for our signature on some paper,” said the family of Sangita Devi, 26. Sangita underwent hysterectomy two years ago. Since then, she has been battling frequent spells of weakness, dizziness and  headaches. She now weighs just 30kg and can hardly manage any work. She has already spent Rs.5,000 on medicine and the frequent trips to the doctors are eating away most of what her husband earns. When THE WEEK contacted, Dr Thakur refused to meet us.

Next, THE WEEK travelled to Rajasthan’s Dausa district, where a high number of hysterectomies was reported recently. Guddi Devi, 27, felt sick, though she technically was not. Her bones and joints ached all day. Fatigue bound her to bed. Food did not interest her. And her eyesight was fading. It was nothing but a clear case of premature menopause, courtesy the hysterectomy and oophorectomy she underwent three years ago.
“I had gone to the doctor, complaining of stomach ache. He told me that my uterus should be removed or I would get cancer,” she said. Her family, which owns just a small piece of land, was convinced to go for the “life-saving” surgery costing Rs.16,000.
“I feel weak all the time. I constantly fall ill, and the stomach pain for which I sought treatment initially persists,” said the mother of three. She has already paid another 110,000 on treatment of these symptoms, often travelling two and a half hours by tractors and buses to the nearest hospital. Now, her 12-year-old daughter, Rinki, takes care of all the household responsibilities. “I am upset about spoiling her education,” added a sullen Guddi.

Angoori devi, 34: She underwent hysterectomy as treatment for excessive menstrual bleeding. She recalls that about 40 women were admitted along with her in the same hospital for hysterectomy. Photo by Amey Mansabda

Every village THE WEEK visited had similar stories to tell. “I went to the doctor for excessive menstrual bleeding and he advised hysterectomy,” said Angoori Devi, 34, of Sikandara. “She cannot do anything now; she gets easily tired,” complained her daughter, Guddi. The family had to sell their buffalo to pay for the surgery, which gave her joint aches, indigestion, dizziness and fatigue as companions.
“When I was admitted in the hospital, there were about 40 women who were undergoing the same operation,” Angoori recalled about her stay at Madaan Hospital. Activists in the area said as many as 2,300 women in the region have undergone unwanted hysterectomies at private hospitals in the past two years.
An RTI application filed by advocate Durga Prasad Saini of Dausa revealed that of 385 procedures conducted over six months in three private hospitals of Bandikui town in 2010, at least 226 were hysterectomies. And of them, 185 were below the age of 30.
“Is there an epidemic in Dausa that forces women to undergo hysterectomy?” asked Saini, who is also National General Secretary of Akhil Bharatiya Grahak Panchayat (ABGP). “If there was a suspicion of cancer, why was not a single biopsy done?”
What compounds the issue in such villages is the people have no one else to go to. For instance, the post of a gynaecologist had been lying vacant for many years in the community centre in Bandikui despite repeated requests.
Though the centre got a gynaecologist, it wore a dark and deserted look when we visited. “Tell us how we will manage when such a big centre only has five doctors,” said an employee. On the other hand, there are five big private hospitals in the town, doing well.
“The doctors have an understanding with the rural practitioners, who are promised a commission on referrals,” alleged Dr O.P. Bansal, who runs a hospital in Dausa. Even employees at government hospitals act as agents who take patients to private clinics.
Hysterectomy was so ubiquitous in the town that some households had three generations of women who had gone under the knife. Take the case of Sushila Devi of Maanpur village who had gone to Katta Hospital to meet a relative, Guddi Devi, admitted for hysterectomy. Sushila, too, got caught in the trap and was operated upon three days later.
Guddi Devi, a mother of four, was advised hysterectomy to cure body ache. Now, she can no longer work as a labourer. “I feel dizzy when I am in the sun, I cannot lift heavy loads and get frequent palpitations,” she said.
Surprisingly, despite protests and frequent media reports, no action was taken against erring private hospitals. “They have consent papers from the women, so we cannot do anything unless the Clinical Establishment Act is passed,” said O.P. Baherwa, chief medical and health officer, Dausa.

Vimla Devi, 20: Her caesarian section that went wrong was followed by a hysterectomy. The childless couple has filed a police case. But her husband, Mahendra Kumar, says the cops have been threatening him to not pursue the case. Photo by Amey Mansabdar

Many FIRs, too, were lodged in the local police stations against the doctors. Mahendra Kumar filed a case against Madhur Hospital and its owner Dr Rajesh Dhakar, after his 20-year-old wife, Vimla Devi, was subjected to hysterectomy following a failed caesarian section.
The crestfallen childless couple alleged that the police did not investigate the matter properly and threatened ‘action’ if Kumar pursued the case.
The attitude of officials at Dausa was, indeed, sympathetic towards the doctors. “People here attack the doctors and threaten to destroy the hospital, hoping to get compensation,” said District Collector Pramila Surana. Police Inspector Rohitash Devanda said he had not come across any cases against doctors since he took charge 10 months ago. “These people blackmail doctors to gain money. If some patients die during treatment, it does not mean the doctors are at fault,” he said. A clock bearing Madhur Hospital’s name hung on his office wall.
The RSBY triggered a uterus loot in Chhattisgarh, too. Health Minister Amar Agrawal stated that 1,800 hysterectomies were done in just eight months last year. It was estimated that at least 7,000 hysterectomies were conducted in the state over the past three years under the RSBY scheme. The issue, which was noted by the National Human Rights Commission, led to a furore and licences of 22 private hospitals were cancelled.
Down south in Andhra Pradesh, it was the state government’s insurance scheme, Arogyashri, that led to rampant exploitation. Ever since the scheme was implemented in 2007, there was an exponential rise in hysterectomy cases.
Hyderabad-based NGO Centre for Action, Research and People’s Development found that 171 women under age 40 in just one administrative block of Medak district had undergone hysterectomy. About 95 per cent of them had gone to private clinics for treatment and 33 per cent had their ovaries also removed.
A survey by the Andhra Pradesh Mahila Samatha Society found that as much as 32 per cent of about 1,000 women who underwent hysterectomy were below age 30.

These case studies and statistics point to deep rot in the health care system. In fact, it is disheartening to see a project like the RSBY—termed by the World Bank as “path-breaking”—being exploited. The RSBY was seen as a prelude to the Centre’s ambitious Universal Health Coverage, which is expected to be implemented under the 12th Five-Year Plan (2012-17).
While private health providers bring better infrastructure and quality, they also bring in the risk of greed and exploitation. Without proper monitoring, this kind of public-private partnership is a cause for concern, said Padma Deosthali, coordinator of Centre for Enquiry into Health and Allied Themes, Mumbai. “For instance, there is no mention of quality of care in the empanelment under the RSBY scheme. Not even basic standards like presence of a qualified medical practitioner and nurse,” she pointed out.
“More than treating health problems, the focus is on procedures and surgeries, which was exploited by private nursing homes,” said Dr A.V. Sahay, medical officer and district head of Bihar Swasthya Seva Sangh. He also stressed on the need for enhancing the public health care system and improving the “reproductive hygiene” of women in rural regions.
Dr Yogesh Jain of Jan Swasthya Sahyog said a major flaw in the scheme was that it did not cover out-patient treatment and, hence, encouraged unwanted hospitalisation. Without strict guidelines, doctors cannot be expected to regulate themselves, he added.
Currently, however, the Central government has directed all state nodal agencies of RSBY that approval from the insurance company concerned is mandatory for hysterectomies performed on women under age 40.
But does the issue end there? The brouhaha shall pass. The scam will turn stale. But what about the innocent women who went under the knives for no reason? Sadly, no one, except a few NGOs, has reached out to them.
“The cost of maintaining the health of a woman who had undergone hysterectomy with medicines and supplements is Rs.18,250 a year,” said Dr Prakash Vinjamuri of Hyderabad-based Life HRG, which studied the surgery’s impact on women in Medak district of Andhra Pradesh in 2011.
The toll is not just monetary. Loss of vitality and libido affects the psychological and social health of the woman. The study in Medak, for instance, found women whose uteri were removed faced domestic violence over sexual issues, and many husbands had extra-marital affairs. The worst part was the impact on the next generation, as children of these women are forced to quit school to handle household chores.
When and who will compensate for all these losses?

Vital loss

Hysterectomy  is the surgical removal of the uterus but may also involve removal of the cervix. A patient may require 3-12 months for full recovery.

TYPES
Radical hysterectomy
Removal of cervix, upper vagina, lymph nodes, ovaries and fallopian tube. Recommended in case of cancer.

Total hysterectomy
Removal of uterus and cervix.

Subtotal hysterectomy
Removal of the uterus.

RISKS
* Excessive blood loss, injury to ureter and bladder
* Cardiovascular disease
* Osteoporosis
* Decline in psychological well-being
* Decline in libido
* Premature death
* Affects the functioning of ovaries in 40 per cent of women

Early menopause
The average age of menopause in India is 51 years, and removal of ovaries advances it by 3.7 years. Menopause leads to a drop in oestrogen (female hormone) level, causing calcium loss and bone breakdown.

When is hysterectomy needed?

Hysterectomy should be a last resort in conditions such as cancers of the reproductive system, severe infections, persistent vaginal bleeding, uterine prolapse, endometriosis and to prevent further conception.

Before undergoing hysterectomy, one should undergo either a hormone test, sonography or a pap smear to test for cancer.

 

Indian Army –Magic Formula to have beautiful and successful daughters ? #WTFad #AFSPA #Kashmir #Manipur


Dear Indians

Do you want a daughter ? No of course not, why will you want a girl child , she is such a burden and a son will only carry on the family name etc etc… blah blah.

Oh No  !  you dont want to have a  girl child !!!

Well  in shillong specifically and allover india generally, the  Indian army  is giving the incentive, to have a girl child. Wow, this advertisement will go a long way in balancing child sex ratio ?  and it might also give impetus to the ‘ Laadli Campaign, which is in deep shit for now, 42% girls dropped from Laadli scheme over 2 years

army

So above in the advertisement you see—  PRIYANKA  Chopra, Gul Panag, Preity zinta,  Anushka  Sharma , Celina Jaitley , Simmi Garewal,  Amrita singh, Chitrangadha , Sakshi Tanwar, and it says -‘If you want to have beautiful and successful daughters  join INDIAN ARMY”,.

Now , Indians this  is your  chance dont let ti go away.. RUSSSSHHH TO INDIAN ARMY,  if you want to have BEAUTIFUL daughters who will become a hit  Bollywood  or television actresses, and will make you PROUD and will  add to the great  HONOR  of your family, ie   if they save themselves from honor killing.!

Also all women in the ad are BEAUTIFUL as per what is  ingrained in our brains. The super-skinny, super-tall, and amazingly gorgueous figure; The Super-Models and Actresses.The  certain typecast images fed on physical appearances and . If you don’t fit into those notions, you feel terrible – that’s why people are unhappy about their bodies. This advertisement further promotes, the fact  that to succeeed you need to have a hour glass figure ?. How do you define beauty ? Who said “big” isn’t beautiful? Who said curves aren’t sexy?
Who told you to change who you are, loosing the weight that you’ve gained so far. For me Tuntun, Manorama  all were beautiful also. beauty has nothing to do with your body but your innerself , your personality as a whole. For me Sheetal Sathe, Soni Sori, Aparna Marandi, Irom Sharmila are all BEAUTIFUL PEOPLE, and SUCCESSFUL as well.

 The Fact that  whether you will  have a daughter or son THE MANS SPERM WILL DECIDE, if  you have a daughter, she has to decide her life and what’s success for her ?

This  sexist  advertisement further strengthens  the stereotypes feminist have been fighting.  Women are human being and not relationships , think about them outisde their roles as  daughters mothers and sisters. Valourising women as  daughters, sisters, , mothers, bhabhi, dadi and Nani.  Today women are screaming at top of their voice-- ” I am not your  Mother, Wife, Sister or daughter . I am a PERSON.  So this ad, adds to all the sexists ads which are defining every woman by her relationship to another person rather than as a person in her own right; and that relationship (by implication if not stated overtly) is usually with a man. The self-sacrificing mother who bravely sends her son to war; the devoted sister who pampers her brother, the obedient daughter who makes her  PARENTS  proud, as stated in the ad . Women are  fed up being boxed into traditional roles. They are angry at being told what to wear, how to behave and lead their lives.  Respect women”, we tell our sons, “for they are all someone’s mother, sister or daughter.” Aha,,,,, yes…..  But the childless woman;  and a  woman whose husband is no more or whose  father has died and has no brother to ‘protect her honour’ — well, she’s fair game, isn’t she?  This is the kind of logic we perpetuate when we glorify a woman by her relationship rather than as a person.

I wonder if all these ‘ SUCCESSFUL DAUGHTERS’  have given their permission to be on the Advertisement and if they agree

and gulpanag tweets says so,

About the join army ‘ad’.Whether in jest or not,I have no problem with it.I owe 100% of what I am to my AF upbringing. Proud of it. @rwac48

— Gul Panag (@GulPanag) April 14, 2013

I wonder,   if all of them are  proud of  The Armed Forces (Special Powers) Act . which is to-date the single most direct instrument violating the democratic rights of the people of the North East and of Jammu and Kashmir. The Act is implemented when an area is declared ‘disturbed’ by either the central or the state government. Since 2 November 2000, she has been on hunger strike to demand that the Indian government repeal the Armed Forces (Special Powers) Act, 1958 (AFSPA), which she blames for violence in Manipur and other parts of northeast India. Having refused food and water for more than 500 weeks, she has been called “the world’s longest hunger striker”.

What is  rationale for  keeping AFSPA ,  thinking that security persons who rape innocent women should enjoy impunity in the name of national security? For whose security was the law enacted, for that of the country or of the criminals in uniform? Whenever some change is suggested in the Act the army seems to oppose it and the civilian government buckles under its pressure. For Eg , when the Jeevan Commission appointed to inquire into the alleged rape and murder of 30-year old Manorama Devi of Imphal in Manipur arrested by the Assam Rifles suggested  AFSPA should be repealed ,the  Government did not even publish the report.

Do you all know of woman called Manorma ?  In 2004, the women of Manipur held a protest after the brutal murder of Thangjam Manorama who was taken into custody from her home by the Assam Rifles under suspicion of having links with rebels. Her bullet ridden body was found a few kilometres away from her home, bearing signs of torture. Twelve Manipuri women came out naked, holding a banner saying ‘Indian Army Rape Us’ to protest against the paramilitary forces of the Assam Rifles demanding justice and taking a stand against the many rapes of other girls. Despite the curfew imposed, the protests by the women continued as they wanted the men responsible to be punished

One of the major rape cases in the history of Kashmir and indeed whole of India is the Kunan Poshpora mass rape incident. A village in northern Kashmir’s Kupwara district, Kunan Poshpora, on February 23, 1991 witnessed incidents of alleged mass rape of 20 women by the Army troops in one night. The incident drew the attention of national and international media. However this was soon forgotten and the womenfolk of the village landed in unending troubles. Women who deserved the respect and honor of the society, were not secure anymore form the cruel face of the armed forces and since that incident, numerous other cases of rape and enforced disappearances have come to fore in the last three decades. Another case which shook the region was the 2009 Shopian rape and murder case which resulted in protests rocking the whole Valley and several families lost their loved ones in the agitation.

Some  more cases of rape and sexual assault against personnel of the Army and central forces in Kashmir:

Case against Harbhajan Singh and Gurtej Singh

May 15, 1994: Rashtriya Rifles men entered the house of a couple and took the husband to Qazigund Hospital. When he returned the next morning, his wife told him she had been gangraped. A case of rape an other charges was filed at Qazigund police station. Responding to an RTI application, the home department said it sought sanction on January 23, 2006, to prosecute the Army men and have not yet got it. In a 2009 affidavit in the high court, the defence ministry said the state was informed that both accused, Nk Harbajan Singh and Rfn Gurtej Singh, had been tried by a summary general court-martial for rape, sentenced to rigorous imprisonment for 10 years and dismissed from service. “A retrial for the same offence will be in contravention to Article 20 (2) of the Constitution,” it argued.

Case Against Major Arora

January 3, 1997: A family comprising a 60-year-old, his two daughters and a grandson were preparing to go to bed at Manzgam, Kokernag, when some soldiers allegedly broke in. They were allegedly led by Major Arora of 5 Rashtriya Rifles. “He slapped me and dragged my younger sister (then 16) into a room and raped her,” the elder daughter told The Indian Express recently. The elder daughter’s husband had joined the Hizbul Mujahideen and the local army unit would often raid her father’s house. The day of the alleged rape, the Army allegedly picked up the father, who remains untraced 15 years on. The younger sister is now married with children, the elder one said, while her own husband surrendered  to the army, divorced her and remarried.

The police registered a case of rape at Anantnag and the government sought the defence ministry’s sanction to prosecute the officer. In an affidavit in the J&K High Court on June 5, 2009, then defence secretary Ajay Tirkey said the ministry received the request in December 2006 and it is “under consideration in army headquarters/Ministry of Defence”. On January 10, 2012, the ministry, responding to an RTI query, said permission was denied on April 21, 2007. “There were a number of inconsistencies in the statements of witnesses… The lady was forced to lodge a false allegation by anti-national elements,” the MoD said.

Case against Major Aman Yadav

December 5, 1999: Army men led by Major Aman Yadav of 28 Rashtriya Rifles, along with a few counter-insurgents, raided a house at Norpora, Kitter Dhaji, in Rafiabad. The officer allegedly raped a housewife, whose husband wasn’t home, while his men allegedly robbed the house. The family later left the village.

On January 4, 2000, based on a complaint by the victim’s husband, Panzala police lodged an FIR, one of the charges being rape. In an affidavit to the high court on June 5, 2009, then defence secretary Tirkey said the ministry received the request for sanction in January 2009 and “the case is under consideration in Army headquarters/Ministry of Defence”. In response to a separate RTI query, the MoD said sanction was denied on September 23, 2010. It has argued the allegations are “baseless and framed with mala fide intentions to put army on the defensive” Intriguingly, the ministry has cited it as a case of torture leading to death. Calling the allegations “mala fide” was effectively an indictment of J&K police, for it was on the basis of the police probe’s outcome that sanction was denied. There was, however, no follow-up government action. In response to an RTI application, police said they closed the case on August 19, 2011, having declared the accused “untraced”.

Case against Captain Ravinder Singh Tewatia

February 14, 2000: Captain Ravinder Singh Tewatia and three special police officials allegedly entered a house at night in Nowgam, Banihal. Captain Tewatia and one of the SPOs allegedly raped a mother and her daughter in separate rooms. A case of rape was filed in the Banihal police station. Two chargesheets were prepared for house trespass, assault, wrongful restraint and rape, and submitted to the Banihal chief judicial magistrate’s court on April 1, 2000.According to information gathered by rights group International People’s Tribunal on Human Rights and Justice through RTI applications, the case was split between a court-martial and criminal courts (in Banihal, Ramban and Jammu). The court-martial found Tewatia guilty of rape, sentenced him to seven years of imprisonment and dismissed him from service. He challenged the findings on October 1, 2000. On December, 31, 2002, the high court set aside the court-martial’s ruling. In 2003, the defence ministry filed a letter patent appeal in the high court, where it is pending. The state government didn’t challenge the high court order.

Rape case against  BSF Personnel

April 18, 2002: Personnel of the BSF’s 58 Battalion allegedly gangraped a 17-year-old in front of her mother, relatives and neighbours, all held hostage at gunpoint in Kullar, Pahalgam. Some 15 or 16 men in a BSF patrol party, passing through their village, had been beating up the girl’s uncle and she had tried to rescue him. A medical examination confirmed rape, while then BSF inspector general (Kashmir Frontiers) G S Gill, too, conceded that BSF personnel had committed rape. The girl identified three men at a parade. The same day, a case of rape was registered at Pahalgam police station. The police say that they submitted a chargesheet before the chief judicial magistrate in Anantnag. There hasn’t been any progress since.

Case against Major Rehman Hussain

November 6, 2004: Troops of 30 RR raided the home of a horsecart driver at Badhra Payeen village in Handwara at night. The man’s younger brother said, “The officer went into my brother’s room and pushed him out.” “He dragged my daughter (then 10) into the kitchen,” the wife of the targeted man this correspondent, adding the officer left and returned after an hour. This time, the woman alleged, she was raped in the kitchen.

The police registered a rape case and the district administration ordered a magisterial inquiry. The Army invoked the AFSPA . The accused officer, Major Rehman Hussain, was tried by a general court martial, which absolved him of rape. He was, however, found “guilty of using criminal force with the intent of outraging the modesty” of the 10-year-old girl and dismissed from service. But he challenged the decision in court and returned to service.

Even the  comments by apex court few days back while hearing PILs filed by families of victims of alleged fake encounters in Manipur, are a stinging rebuke of the lack of political will on revoking laws like the Armed Forces Special Powers Act (AFSPA). In this instance, the government’s response to the damning report of the SC-appointed committee set up to probe six such cases in Manipur was that it agreed that such fake encounters should not take place. But mere “taking note” will not do any more. The government must speedily act to revoke this black law from wherever it is in effect, be it the north-east or Jammu and Kashmir. Blanket immunity for security forces has led to murder, rape and other crimes. And when the legal framework vests such crimes with impunity, it vitiates the basic principles of democracy and the rule of law that are necessary for the citizens of these areas to feel part of the national mainstream.

The  Court  also sharply brought attention to another vital fact: keeping these laws, and thereby maintaining an unnatural state where the armed forces are seen as the primary representatives of government, mutates the whole political, democratic system itself.

Now after  getting a glimpse of AFSPA, what the supreme court of india says of Indian army ?

I wonder  if you  all are still proud of Indian Army

This sexist  advertisement should be immediately removed,

It will be great if  women part of the advertisement ask to do so.

best

Kamayani Bali Mahabal

Not proud of Indian Army

Not a Proud Indian

A Person  , A  Feminist and a  Human Rights Activist

April 15th, 2013

 

Denial of abortion is “torture,” says United Nations report #Vaw #reproductiverights


report recently presented to the United Nations (PDF link) says that a denial of abortion can be considered torture, in line with actual methods of female torture such as female genital mutilation.

ultrasoundThe report by Juan E. Méndez, the U.N. Special Rapporteur on Torture and Other Cruel, Inhuman and Degrading Treatment or Punishment, is cited as a report “on certain forms of abuses in health-care settings that may cross a threshold of mistreatment that is tantamount to torture or cruel, inhuman or degrading treatment or punishment.”

Méndez, a visiting professor at American University’s law school, makes some bold statements in Section B, entitled “Reproductive rights violations.” His assertions show just how far the quest for abortion has come in the world – to a point where the torture of a baby ripped from the womb and sucked away and thrown into a medical incinerator is considered a human right that spares someone else from torture.

Section 46 of his report notes:

International and regional human rights bodies have begun to recognize that abuse and mistreatment of women seeking reproductive health services can cause tremendous and lasting physical and emotional suffering, inflicted on the basis of gender.  Examples of such violations include abusive treatment and humiliation in institutional settings;   involuntary sterilization; denial of legally available health services  such as abortion and post-abortion care; forced abortions and sterilizations; female genital mutilation[.]

To compare involuntary sterilization and female genital mutilation – permanent methods of actual torture – with the denial of a “right” to take another life is tragic. In fact, it doesn’t actually line up with the U.N.’s own statements.

The U.N.’s Committee against Torture defines torture in its Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, and it actually reads more like a pro-life statement in its language:

Considering that, in accordance with the principles proclaimed in the Charter of the United Nations, recognition of the equal and inalienable rights of all members of the human family is the foundation of freedom, justice and peace in the world,

Recognizing that those rights derive from the inherent dignity of the human person …

The U.N. then goes on to define what torture is:

Article 1

1. For the purposes of this Convention, the term “torture” means any act by which severe pain or suffering, whether physical or mental, is intentionally inflicted on a person for such purposes as obtaining from him or a third person information or a confession, punishing him for an act he or a third person has committed or is suspected of having committed, or intimidating or coercing him or a third person, or for any reason based on discrimination of any kind, when such pain or suffering is inflicted by or at the instigation of or with the consent or acquiescence of a public official or other person acting in an official capacity.

Clearly the U.N.’s version of torture doesn’t seem to allow for the killing of a baby in utero, but Méndez does. Though many current exceptions to abortion laws note that “mental suffering” is justification for that exception and include it as a health reason to have an abortion, the comparison of who suffers more, a woman who carries a baby to term and gives the baby up for adoption or the one who lives forever with the reality of choosing to kill her baby, cannot adequately be evaluated by one man making a report to the United Nations.

While it would be wrong to assume that a woman carrying a child she is not prepared to raise would not be painful, it is also wrong to call it torture. Torture would be punishing her for the pregnancy or forcing her to raise a child she isn’t prepared to raise. However, the real torture is inflicted on the baby in her womb, who will be sucked out and discarded if that abortion happens.

Méndez goes on to note that:

For many rape survivors, access to a safe abortion procedure is made virtually impossible by a maze of administrative hurdles, and by official negligence and obstruction. In the landmark decision of K.N.L.H. v. Peru, the Human Rights Committee deemed the denial of a therapeutic abortion a violation of the individual’s right to be free from ill- treatment. In the case of P. and S. v. Poland, ECHR stated that “the general stigma attached to abortion and to sexual violence …, caus[ed] much distress and suffering, both physically and mentally.”

It’s unquestionable that a rape survivor who gets pregnant (notably, this is about 1% of all rape victims, so not a majority of those seeking abortions, though a valid minority) needs great care. The tragedy inflicted on her must be handled well, but the torture has come from the rapist, not from the denial of taking another life. Our torment should never allow us the right to kill another. A culture that seeks to nurture and care for victims of torture needs to put its focus on caring for the victim, giving resources, and providing many other solutions that will help heal the tragedy by giving a woman lasting comfort to the effect that she has helped to redeem a tragedy, not to create another.

Méndez is insistent that denial of abortion is torture, though, for all cases. He says in section 50:

The Committee against Torture has repeatedly expressed concerns about restrictions on access to abortion and about absolute bans on abortion as violating the prohibition of torture and ill-treatment. On numerous occasions United Nations bodies have expressed concern about the denial of or conditional access to post-abortion care. often for the impermissible purposes of punishment or to elicit confession.  The Human Rights Committee explicitly stated that breaches of article 7 of the International Covenant on Civil and Political Rights include forced abortion, as well as denial of access to safe abortions to women who have become pregnant as a result of rape and raised concerns about obstacles to abortion where it is legal.

Here forced abortions are presented as on par with denial of abortion. But the fact is, they are not. A forced abortion takes a life, and the denial of abortion saves one. A forced abortion can never be undone. A woman is subjected to the horror of having her body violated (possibly a second time, if she was a victim of rape), and knowing life has been taken from her. Denying someone a right to have a life taken is not torture; it’s a basic human right for the unborn life.

By all accounts, Méndez would consider the North Dakota legislature torturers for deciding that life begins at conception. He would consider Kansas and Arkansas as inflicting torture for passing laws that protect life. However, denying abortion isn’t torture, because the motive isn’t torment; the motive isn’t to make someone suffer, but to prevent the suffering of the baby destroyed and of the mother, who will have to live with it.

The extra tragedy in this culture of death is that we have walked forward into the past, where we justify death as a merciful thing, when truly it brings destruction. Méndez has stretched the definitions to a point that distorts them and, in the process, manages to reduce the true suffering of victims of such horrific crimes as female genital mutilation to the level of carrying a living baby to term. Protecting life can never be equated with killing it.

 

 

PRESS RELEASE- Gender Just, Gender Sensitive and NOT Gender Neutral Rape Laws #Vaw #Justice


Parliamentary Committee ignores Verma Committee

 

The report of the Parliamentary Standing Committee on the 2012 Criminal Law (Amendment) Bill as well as the 2013 Criminal Law (Amendment) Ordinance not only violates the letter and spirit of the Justice Verma Committee (JVC) recommendations but endangers and deepens women’s vulnerability in this country.

Representatives of women’s groups, democratic and human rights groups and activists are alarmed about the following major lacunae in current legislative protection to women, upheld by the Standing Committee report:

 

The Accused Must Be Male: One pernicious provision of the Ordinance 2013, upheld by the Committee report is blanket gender neutrality of the perpetrator of sexual harassment, assault and rape. Put simply: unlike in existing law where the accused is male, the Committee recommendations if enacted into a proposed new Bill, will make it possible for women to be charged with these offences. This is wholly unacceptable.

  • The Reality of Rape: It is an act of violence that must be seen in the context of deeply entrenched power inequalities between men and woman in our society.  Gender neutral provisions only strengthen those already powerful, silencing the real victims. The police and legal system are part of this inequity and bias against women, evident in the huge impunity for rape in our country. Recommending that these laws be gender neutral makes mockery of this reality.
  • The Chilling Effect: Apart from situations where women hold positions of statutory authority (like police officers, etc), in all other situations,  making the accused gender neutral means that complaints by women can be met with  counter-complaints to get them to withdraw. Given the current odds against women securing justice, the gender neutrality of accused in sexual violence laws, will have a deep chilling effect on women’s ability to even file complaints.
  • Men, not boys: There is no basis to the argument that gender neutral laws allow young boys to be protected from abuse, because all young boys and girls are fully protected by gender neutral laws in the Protection of Children from Sexual Offences Act 2012.

 

Age Of Consent Must Remain 16: The Standing Committee report endorses the 2013 Ordinance, by raising the age of consent from 16 to 18, thus criminalizing the consent of young persons and exposing them to unjust imprisonment by forcing judges to take action merely on third party complaints, including khap panchayats. At the very least, any proposed new law should allow for a Young Person’s Defence, where consent of young persons between 16-18 years is taken into account if there is no more than 4 years age difference between two consenting parties.

 

Rape Within Marriage Must Be Recognized As An Offence: Marital status must not have any bearing on the right of a woman to say no! The law must recognize when sexual assault and rape occur within marriage. Also, current IPC provisions recognizing rape in the context of judicial separation must be replaced by simple separation, given that most separated couples do not get judicial decrees, but simply start living apart. Without this change the law makers are only sending a signal that even while living apart from her husband, a woman can be raped by him without any recourse to justice.

We are also deeply concerned by the Standing Committee’s silence on ending impunity for sexual assault by security forces. The existing statutory immunity for armed forces ‘acting in the line of duty’ surely cannot apply to sexual assault committed on women. No sanction should be required to proceed with prosecution of such personnel in sexual assault cases.

As the 2013 Criminal Law (Amendment) Ordinance and the report of the Parliamentary Standing Committee enter into Parliament for debate, we urge ALL PARTIES aligned with women’s rights to ensure that laws made in the wake of the brutal Delhi gang rape case do not leave women even more vulnerable than they already are.

Date: 6th March 2013, signed by:

- Kalpana Mehta, Madhya Pradesh Mahila Manch, Indore

- Vrinda Grover, lawyer, New Delhi

- Farah Naqvi, women’s rights activist, New Delhi

- Kavita Krishnan, Secretary, AIPWA

- Madhu Mehra, Partners for Law in Development, New Delhi

- Chayanika Shah & Sandhya Gokhale, Forum Against Oppression of Women, Bombay

- Deepti Sharma, Saheli, New Delhi

- Kamayani Bali Mahabal,  Kractivist

- Nandini Rao, New Delhi

- Albeena Shakil

- Lesbians and Bisexuals in Action, Bombay- Lawyers Collective, New Delhi

- Kalpana Vishwanath & Suneeta Dhar, Jagori, New Delhi

- Gautam Bhan, New Delhi

- AALI, Lucknow

- Nirantar, New Delhi

- Karuna Nundy, Advocate, Supreme Court of India

- Seema Misra, Lawyer, New Delhi

- Ayesha Kidwai, GSCASH, JNU

- Prita Rani Jha, Peace and Equality Cell

- Women Against Sexual Violence and State Repression

 

Bhopal: Married woman abducted, gang raped for 10 days #Vaw #WTFnews


gangrape

 DNA, march 3, 201306:08AM IST
Bhopal: In a shocking incident, a married woman was abducted and gang raped for 10 days in Shivpuri. The incident occurred under Bamore Kala police station limit in the district.
Following the complaint from the victim on Saturday, the police started a search for four accused – two of them for the charges of rape and abduction while others for supporting them.
According to the police, four persons abducted a married woman from a local market when she went to buy bangles on February 18. When they abducted her, her brother-in-law was waiting in the nearby bus stop to inform her about the bus in which they were to travel in. But when she did not return even after the arrival of the bus in which they were to board, he stared to search for her, but there was no trace.
Subsequently, he returned to home and informed about it and a missing person complaint was lodged. She, however, on Friday reached her home and narrated her 10 day ordeal.
According to her, Inder Lodhi and R Lodhi abducted her when she was on the way to buy bangles and took her to different places and raped her. The accused left her on Friday with a warning of dire consequences in case she dared to report it to anyone.

3 Things You Should Know About “Zero Dark Thirty” and #Torture #Oscar2013


 

BY ZEKE JOHNSON

Still from Zero Dark Thirty.

After seeing the new film Zero Dark Thirty, I think there are three things everyone should know:

1) Zero Dark Thirty is not a documentary. The film’s screenwriter, Mark Boal, said: “It’s a movie. It’s not a documentary… My standard is not a journalistic standard of ‘Is this a word-for-word quote?’ I’m not asking to be held to that standard and I’m certainly not representing my film as that. The standard is more, ‘Is this more or less in the ballpark?’”

2) Torture did not help find Osama bin Laden. This is established by the public record and verified by people who have access to classified information. For example, yesterday, Senator John McCain (R-AZ), Senator Dianne Feinstein (D-CA) and Senator Carl Levin (D-MI) sent this letter to the head of Sony Entertainment with citations pointing out that torture and other abuses did not help find Osama bin Laden.

3) The most important point is this: torture is immoral, always unlawful, and never permitted. Torture and ill-treatment are unequivocally prohibited under the U.S. Constitution and under international law. No derogation or exceptional circumstances can be invoked as justification for torture or ill-treatment. Senator Jim Risch (R-ID) put it this way:

“The issue isn’t ‘Does torture work or not.’ The issue is ‘Is torture right, or is torture wrong?’ And the answer to that is torture is wrong.”

The question now: What can be done to ensure that torture and other ill-treatment are never again used by or on behalf of the U.S. government?

Help tell the truth about torture. Hand out this Fact Sheet: Torture & Osama bin Laden at screenings of Zero Dark Thirty.

At the end of Zero Dark Thirty, the CIA analyst is asked “Where do you want to go?”

We should each ask ourselves that same question. Do we want the United States to continue to violate human rights with impunity in the name of a never-ending and vaguely defined “global war”—detention without charge, unlawful killings with drones, extreme solitary confinement and unfair trials—for the rest of our lives and the rest of our children’s lives?

Or will we say “enough” and embrace security with human rights and the rule of law?

 

#India- In Custody: Five Years in Jail and Innocent #sedition #dissent #Prison #Justice


  • January 15, 2013, 

    By Michael Edison Hayden, Wall street journal, India 

Roberto Schmidt/Agence France-Presse/Getty Images
A man peeked through an opening of a door to a prison ward at the Tihar jail, New Delhi, April 26, 2012.

This week, India Real Time presents an in-depth look at the country’s prison and custody system.

It is a system that still carries many attributes of its origins in British-run colonial India, and gives a high degree of discretion to how state governments apply the penal code — and who ends up behind bars, whether serving prison sentences, or in temporary army or police custody.

Experts note that the national government, over decades, hasn’t funded the expansion of the prison system to meet the increasing ranks of prisoners. In part, those ranks have increased because India’s court system is backlogged with 65% of India’s 240,000 people in jail yet to face a verdict in court, according to government data. They also point to allegations of abuse in army custody, which the army denies. 

In four chapters this week, India Real Time will examine different aspects of life under custody, as well as attempts to improve it. They include the experience of those facing trial as well as efforts being made to promote rehabilitation over punishment.

Arun Ferreira
Pictured, Arun Ferreira.

MUMBAI, India – When Arun Ferreira went to prison in 2007, his son was only two. Today, they are reunited, and a tide of private anguish has at last begun to roll back and wash away.

“My family didn’t tell him that I was in jail, they told him I was away on business for five years,” Mr. Ferreira says.

“Today, my son still doesn’t believe it. Recently, he saw a picture of Nelson Mandela somewhere. I explained who he was, and then I mentioned [what happened to me], and he thought I was fibbing.”

On an unusually sunny afternoon during monsoon season in the residential neighborhood of Bandra, Mr. Ferreira is gracious and funny as we sit in a local coffee shop to discuss his experience in jail. Mr. Ferreira was arrested under the auspices that he was a Maoist rebel, planning to blow up the Deekshabhoomi Complex, a monument in the town of Nagpur, where the Dalit icon Ambedkar is believed to have embraced Buddhism for the first time. Mr. Ferreira spent most of the following roughly four years and a half years in Nagpur’s Central Jail.

The Communist Party of India (Maoist), are also known as Naxalites, a reference to the West Bengal town of Naxalbari, where their movement began. Started as a left wing political group in the 1940s, in the 1960s they launched an armed struggle against the Indian government, which they have been violently opposing ever since.

Their largest support base comes from local tribes who seek to retain their land resisting industrial interests. In 2006, Indian Prime Minister Manmohan Singh famously described Naxalism as “the single biggest internal security challenge ever faced by our country.” Members of the group could not be reached.

Mr. Ferreira was charged with attacking a police station, firing on police, and booked under the Unlawful Activities Act of 2004, a law created to bolster security against possible terrorist attacks.

Mr. Ferreira claims he was held for organizing slum-dwellers to unite in protest against the demolition of their homes. Such demolitions are a frequent source of strife here in Mumbai, often pitting poorer locals against police and property developers. Mr. Ferreira is currently out on bail and contesting two additional charges – allegations that he illicitly possessed arms and fired on police – that were leveled against him by plain-clothes officers during his time of awaiting trial in Nagpur. Mr. Ferreira denies any wrongdoing.

The Wall Street Journal
Source: National Crime Records Bureau

In Sept. 2011, a court ruled that Mr. Ferreira was innocent of all eight of the charges that were placed against him, over four years and eight months after his initial arrest.

Justice Hosbet Suresh, 83, is a former judge of the Mumbai High Court whose experience working inside the system has driven him, during his retirement years, to become an advocate for prisoners’ rights. He says that India’s slow trials are being made even slower by a lack of judicial manpower.

“There are simply not enough judges to handle all of the cases,” says Mr. Suresh. “We just have too few of them relative to the population here.”

According to the Indian Bar Association, as of 2010, there were over 30 million cases pending in courts across India due in large part to a ratio of 11 judges per million people. This leaves India with a persistent backlog of cases waiting to be heard.

As a result, “more than half of the prison population here is under trial,” Mr. Suresh estimates.

The Wall Street Journal
A graphic showing total inmates segregated by convicts, detainees and undertrial.

It’s a lot more than half: The most recent survey conducted by the National Crimes Record Bureau, a government agency, found that as many as 64.7% of Indian prisoners have not yet been convicted. And while prisoners who are ultimately convicted will see their time spent in jail while waiting for trial reduced from their sentence, such provisions provide very little consolation to the innocent, like Mr. Ferreira.

For some it’s even worse: According to the study, 1,486 under trial prisoners, or 0.6% % of the total, had been jailed for five years without having had a single day in court.

Another reason prisoners sometimes wait years for their trial is that, according to government data, the majority of those arrested are too poor to afford bail and legal counsel.

India lacks a federal department of prisons, like that of the United States. Instead, prisons are a responsibility of individual states, although the ministry of law lays out broad guidelines on how to administer them.

Mr. Ferreira believes his politics may have played a role in his prolonged detention. He says he was shuffled between several different facilities during his time at Nagpur Central. He spent his first year in the high security Anda barrack, and his final two years were spent in what’s known as the Gunah Khana, or punishment cells.

In between that time, Mr. Ferreira says he was placed with convicts in the Phasi yard. The Phasi yard is the gallows; it’s where death row inmates are kept. Mr. Ferreira says that guards told him that he was placed there for being a security threat.

When I reached out to Nagpur Central Jail, a senior official said the prison does not comment on the cases of specific inmates. The official added that it is the policy of the prison to keep convicts and prisoners who are under trials separated in adherence with the law. According to Mr. Ferreira’s account, he found himself rubbing shoulders with those convicted of the 1993 bomb blasts that rocked Mumbai, and with the perpetrators of the Kherlanji massacre of 2006, where Dalit men and women were slaughtered by upper caste Hindus.  He had little choice but to remain calm and do his best not to draw attention to himself for that entire year. A spokesman for Nagpur Central Jail declined to comment on Mr. Ferreira’s allegations.

 

– Vibhuti Agarwal contributed to this post.

Michael Edison Hayden is an American writer currently living in Mumbai. 

 

Dear Parents, Have you told your son about rape? #Vaw #Sex #love


January 11, 2013

Following the sensational GS Road molestation case in Assam last year, blogger Local Tea Party wrote a blog post about what to tell your son on rape. 

You do one thing. First you grow up. Because, if you grow up means, automatically your son will grow up. And when your son is growing up, give him a pack of condoms. Now don’t give that confused look and all. Seriously, give him a pack of condoms. Along with that, give him a lot of free advice. Don’t think that he won’t take it. Give it anyway, he will eventually take it.

Tell your son to go out with the girls. Tell him to give them hugs and high-fives and ask them to go out on day trips and have fun. Tell him that it is not important to get married before having sex and that if he feels like it, ask him to use that condom you just gave him. Tell him that the Health and Glow shop anyway has lots of varieties of them near the cash counter itself and that he need not be embarrassed to go buy them if he has to. No one will notice.

Tell him that he can talk about sex in your presence. And that you will not feel embarrassed about it.

Tell your son that it is okay to watch pornography. Don’t ask him to watch it when you are around and all, that will be indecent, but still tell him that there is nothing wrong in watching two adults in action.

Tell your son to read erotic fiction and have some fun. In fact, if possible, you only give a copy of the Kamasutra to him. He won’t understand any of it anyway, but still give it to him. Or try Harold Robbins.

Ask him to log on to Chatrooms and have sex chat with a random girl on the other end. It could be a guy pretending to be a girl, but still that and all doesn’t matter. Ask him to have it nevertheless.

Ask him to do sexting with this girlfriend, but tell him to do it discreetly. Tell him it is ok to have phone sex with her and that even if you overhear something from his room, tell him that you will pretend you have not heard anything. Promise him you won’t embarrass him.

Tell him to fall in love with a woman (or a man). Tell him to go head-over-heels (or something like that) about her. Tell him to admire her beauty. Actually, tell him to admire the beauty of all women. Tell him that they are single most source of joy on the planet and that without them the world is nothing. Tell him to make love to a woman in a manner that they will remember for the rest of their lives.

Tell him to relax and enjoy sex.

But before you do ANY of the above,

Tell him what they show on National Geographic Channel. Tell him that male animals don’t have sex without the permission of the female animal. Tell him that it is a shame to touch a woman without her permission. Tell him that it is a failure on your part and on the way you have brought him up. Tell him that it is a failure to his manhood.

Tell him that real life pornography requires her permission. Tell him that if a woman agrees, no amount of erotica can match a woman’s passion. But ask him to wait for the woman to agree first.

Tell him that a woman is a human being. Just like him. Not a piece of object. Tell him that while it is ok to admire her beauty, grabbing her body parts without her permission is worse than stealing food from rabies-ridden street dog. Tell him that just because he possesses a penis, it does not give him the right to mate with every vagina in the vicinity automatically.

Tell him that even broken hearts can be mended but he cannot break a woman’s dignity at any cost.

Tell him that raping is a sin for which man will have to pay a heavy price. A very heavy price.

Courtesy: The Local Tea Party

 

#Soni Sori Vs Police Thana #Poem #Vaw


SONI5

सोनी सॉरी VS पोलीस थाना

सोनी सॉरी एक नारी है ,
आदिवासी होने की मारी है ,

जिसमे उसपर ज़ुल्म किया ,
वो जैल का अधिकारी है ..

इज़्ज़त तार तार किया सारा ,
पीसा , कुचला . जानवर सा मारा,
राक्षस की रूह को फिर धारा,
जानवर सा बलात्कार किया ,
उस बेसहारा !

कैसा ये सरकारी ख़ाता है ,
जो शिकायत ले थाने जाता है ,
अपनी आप बीती बताता है ,
मदद की गुहार लगाता है ,
वो आदिवासी कहलाता है ,
बेशर्म ! उसे ही नक्सली बताता है …

अपना ख़ाता साफ रखा ,
सब control है !! जनाब !!
यह report दिखा !
26 जनवरी को लाल किले आ ,
प्रधान मंत्री को सलाम किया ,
पोलीस मेडल वही राक्षस ,
वही ले गया !!

सोनी सॉरी धकके खाती है ,
जैल से क्रांति चलती है ,
सबको क्रांति के लिए जागती है ,
अपना सच जैसे तैसे बतलाती है,
देश के अंधे क़ानून से ,
इंसाफ़ की गुहार लगाती है …

उठो ,
जागो ,
कमर कसो ,
इस छेदो वाली छाननी का ,
क्रांति से हर छेद भरो !!

@ राहुल योगी देवेश्वर

#India- The Power of Shame #delhigangrape #Vaw


 

December 31, 2012, sarai.net

 

By Saroj Giri

‘National shame’, lajja – this is the sentiment most Indians feel, now that the raped girl has died. The rape has so far been essentially portrayed as a heinous but aberrant crime, a deviant behavior which apparently did not follow from the kind of society we inhabit. So, why should we, the entire society, feel the shame? This only means that shame has burst through exposing all the denials and attempts to contain the enormity of the problem and just make it a case requiring strong laws. Shame has come upon Indian society in spite of itself. Society as a whole stands implicated – this is what the sentiment of shame entails.

Shame, said Marx, is a revolutionary sentiment. Shame is introspective, loosens the inner resistance one can put up against looking into oneself. Now Indians might be willing to look into their society, their family, their institutions, their day to day life, their values, their civilization, their ethos, their human relations – and locate the recesses of patriarchal domination in them all. Indian society today, that real society where violence against women is normal, almost casual, and where love towards women is deeply patriarchal, seems to have loosened itself up a bit. It appears far less confident about its claims, its self-lauding proclamations. Its defences are down – a rare occasion. It is caught offguard today. It cannot act as though violence against women is only an external problem, exceptional and a deviation from ‘our’ social norms.

When Frantz Fanon revealed the horrors of French colonialism, Sartre pointed out that the French, even the liberal and humane ones, should feel shame. Feel ashamed. Similarly instead of pointing the fingers to this or that minister or the police or some such particular agency or authority as responsible for rape, society should open itself up for introspection. What will be revealed is simple: an out and out patriarchal society, male domination and female subjugation.

This shame has forced a realization even in the mainstream media. Here is the Times of India: “The Delhi gang-rape victim succumbed to her injuries at a Singapore hospital on Saturday morning. The death of 23-year-old Nirbhaya (a name given to her by TOI) not only leaves us sad and heightens our sense of outrage, but also makes it important for all of us to focus now on the real reason behind her agony — the lack of respect for women in our patriarchal society” (Dec 30, 2012).

‘Lack of respect for women’, ‘patriarchal society’ – the right noises are being made. The right noises are being heard. From this ‘real reason’ of course the media being media goes on to suggest that people take a pledge to individually refrain from engaging in violence against women. There is a problem here. For this ‘pledge thing’ again tries to turn the focus away from the internal power relations that constitute this society, the relations of domination through which most men relate to women in this society.

So people are introspecting. They are on their own making all the connections – putting two and two together. They seem to be secretly sensing that the capital punishment and death to the rapists will only serve to shield society, cover up its true character. ‘India’s daughter’ precipitated a process where the accusing finger can also slowly turn towards ‘India’. Every family, every bastion of patriarchy, every woman within the family, every ‘victim’ of patriarchy, is following ‘the news’ – and getting inspired to raise new questions and not just provide ready solutions about ‘preventing rape’.

‘India Rising’
So the question: will shame be the signage, the starting point for the movement against patriarchy? Or will it be, in the name of ‘fighting rape’, another addition to the Indian nation’s list of ‘fighting untouchability’, ‘fighting poverty’, ‘fighting communalism’.

Indeed ‘fighting rape’ might, I fear, soon enter the lexicon of the ‘tough administrator’ Narendra Modi vying to be Prime Minister. In surmising this I thought I was only being a slightly paranoid leftie – till I saw some placards at the protests.
Stop Sexual Terrorism, it said. Rape as sexual terrorism, like a bomb blast! Rape is here externalized, like terrorism from across the borders, an evil enemy which attacks your good society.

I can already hear those like Chetan Bhagat saying how this is ‘new India rising’ – how the youth are not willing to take all this lax laws and all this disruption of life in a decent society, this kind of barbaric treatment of our upwardly mobile women. ‘New India’, ‘India Rising’, by invoking the hyperbole of capital punishment against rape, secretly reinscribes the myth of an essentially good society – ‘Indian values’. After anti-corruption, is ‘fighting rape’ the new cause of the self-righteous, self-aggrandising upper middle classes? This moment of shame will provide the long overdue antidote to the self-righteous middle classes and at least lessen their confidence and aggression, slow them down.

The initial outrage

The protests however were initially not in a mood to feel this shame, not in a mood to introspect. They started off dominated by the feeling of outrage.
Outrage has a target – Shiela Dixit, the Home Minister, Delhi Police, private bus operators. It functions with an accusing finger towards something external. It is essentially non-introspective. To start with, the protests against rape had this basic tendency to regard rape as having nothing to do with the patriarchal power relations that constitute society. Instead rape is located in something external, external to an essentially good society – it is a deviation, a crime, a criminal act to be explained by say the rapist’s ‘psychology’ but not by the tissue of social relations. Rape as a result of a criminal and sick mindset rather than what would follow from the gendered power relations that constitute this society we inhabit.

So the ‘prevention of rape’ does not involve transformation of society. It can be achieved by delegating responsibility to an authority which stands at a remove from society. So ministers and police must fix this problem for the smooth functioning of this society. This delegation meant exoneration of society, of precisely that society where patriarchy is felt and sensed every moment. Rendering this society invisible! To achieve this feat, it had to generate its own histrionics, high drama, extreme emotions, extreme everything – the smokescreen of ‘death to the rapists’. ‘Hang the rapists’ and leave society as it is – this is the motto. The mythical good society must be left unquestioned.

So here violence against women is not always already happening, not already foretold. It ‘takes place’. It is an incident – when, where, who. This is the way violence against women is rendered contingent, exceptional, forever an aberration – it just so happened. It took place on that night of Dec 16th 2012. It takes place every other day, or the same day some other place, or perhaps every hour – but each is a separate case. Each can be explained by referring to the ‘background’ of those individuals involved. ‘They were from the slum area’. The bus in which the girl was travelling did not have proper licenses. They were ‘those types’.

Society here sits as the judge and takes the moral high ground – it exonerates itself. What is rendered invisible is the thousand and one ways in which the rape and violence against women are mandated by ‘society’ – from female infanticide, to bride burning, to dowry deaths, to sexual harassment, to getting groped in the metro, to rape within marriage, to honour killings… The list is endless. Not just the violence – even the love and care reserved for women is laden with inscription of male power. The ideal wife, the ideal daughter, the respectable woman, adarsh bharatiya nari, the super mom – these are notions, tendencies and inclinations that constantly push women towards precarity, a lack of confidence, a fear, an anxiety. These are indeed sometimes more dangerous than the committed ‘crimes’.

So the outrage overlooked all of this. And yet this outrage gave way to shame. This shame might inspire a movement which could irrigate the veins and arteries of resistance against patriarchy in the street, in the family, in the bedroom. It might lead to social critique. It might allow women to go beyond merely fighting for basic safety and security. It might, indeed must, allow them to freely assert their powers and desires, their thoughts and their sexuality.

Today women are on the defensive, seeking to be the beneficiaries of protection accorded by an essentially male dominated society. This is extremely infantilizing. Even if this movement might succeed this might not change. In fact it might actively contribute to this infantalising – women might be ‘safe’ and infantilized. For example, if Delhi Police gets better in protecting women from sexual attacks then will women also be obliged to follow some of the ‘do’s and don’ts’ put up by the police? Will this enhance or lessen women’s agency?

Social evil?
So how will this shame be mobilized? Should feminists now work with the government to help make good laws? Feminists might proceed by laying the statistics of so many other kinds of violence against women: bride burning, dowry deaths, sexual harassment and so on. Feminists might provide the inputs to good policy formulation. But will these inputs only mean that in this era of targeted policy making, patriarchy would start getting ‘measured’ in terms of ‘affected groups’ or stake-holders and the benefits they should get? If we demand so much protection from the police, then will women also be obliged to abide by some of the rules ‘for your own safety’ that Delhi Police might frame?

 

Too many voices are calling for ‘strong laws and speedy justice’ to deter rapists, a call for a strong state. Perhaps a technocratic or security-centric solution is in the offing. If not this, another bad option that might impose itself is to adopt an approach of something like ‘the unfinished task of social reform’ carried over from the 19th century. So, like fighting sati, or widow remarriage, or untouchability, violence against women will be identified as a social evil. Yes it is a ‘social evil’. But is violence against women, like untouchability, a malignant growth in an otherwise healthy ‘social body’, as Gandhi would have it? Or is it intrinsic to the ‘social body’?

 

It is not to a cool and calm deliberation for policy formulation that this shame must lead to. What we need is a much more enriched rage, now carrying the moment of shame, of social critique. The narrow focus of the rage – ministers, police, strong laws – must now give way to taking account of how this rage must also be directed against the manner in which rape and violence against women is routinely deployed by none other than the state itself. Just check out the reports coming from the North East, in Kashmir and elsewhere. Or the rape of over 30 women by the Rajasthan Rifles in Kunan Poshpora. Or the gruesome rape and murder of Dalit women in Khairlanji. This list is very long. These are neither the result of an exception, bad policing nor a social evil. It is instead a well calculated strategy to inscribe the power of the state through patriarchal violence.