Roe v Wade - Half a century of efforts drained

I am terribly sad; that is the only word I can think of that describes all the emotions I am going through. I also know that my sadness, in this case, will impact no one and is not of consequence as such. Yet as a woman, as someone who believes everyone should have the right to self preservation and privacy, I am saddened by the overturning of Roe v Wade. What is far more flummoxing is that this decision comes from the highest court of a country that is a self declared champion and moral authority of human rights. 

Motherhood, the word itself evokes smile, joy and nurturing instincts. But that is when it is a cherished desire or a choice. Anything forced is a burden and motherhood even as an elected choice is a life altering experience, so the forced option probably is more chaotic than one can even imagine. 

In the most extreme cases I am thinking of women like Norma McCorvey (who got Roe v. Wade in place) whose pregnancy is the result of an assault. A victim of a crime, forced to give birth to the consequence of the attack, can have multiple physical and mental health issues; her chronological, economic and aspirational circumstances not withstanding. Then there is the debate on nurture vs nature that has claims on both sides of whether genes pre dispose individuals to a life of aggression and crime or not. Even if nurture was to be the winner, who is to say that a tormented individual would be able to nurture a young life ably...

Reality could be completely anti a life born to a poor, socially isolated and traumatised rape victim. So at the end of the day are we saying that it's ok roll a dice to decide the fate of a new life? Of course there is the argument that a roll of a dice gives the life a chance vs abortion that takes away any chance at all. However, who are we to play the game of probability when the person who will be responsible for changing the odds potentially is an unwilling participant? Denial of self preservation in these instances is a crime in itself in my view. 

There are those who will say rape pregnancies are a small percentage. Reluctantly, but still let me accept that data point without having any facts to support or deny this claim. The thoughts steer towards to young couples not ready for a child, couples who do not want children ever and single women not wanting (yet or ever) children. This is a subset that does not want children and no contraceptive is a 100% foolproof. So what happens when they conceive? We take away their right to lead lives as they would like to? And who is the state, in a democracy,  to dictate how a couple should structure their family or to a woman or her life choices? The counter argument to this thought is that the state is speaking on behalf of a life that cannot speak for itself. Well that is why there is the so desired separation between the church and the state! What about atheists? How can the state impose religious beliefs on those who have none? Once again this set of citizens is forced into a life that is not theirs by their choice and a choice that is not creating harm, injustice or unrest to the society in any way at all! 

As I am writing this, I am reminded of a story. Before I pen that down I will state clearly that I am spiritual, I believe in life, after life and rebirth, and I am also a moderate Hindu. The story is from the Hindu epic Mahabharata and talks about the decision of nurturing a life resting with the mother. Santanu was a Kuru king who fell in love with Ganga, the river goddess. When he asked for her hand in marriage she hesitated and then before she accepted she only requested that he trust her a hundred percent and not question any of her decisions. If he did question her, she would leave him. Drastic condition by today's standards and by my own belief in transparent communication! That not withstanding and given that love is blind, Santanu crazy about Ganga accepted her only condition. Soon after marriage, Ganga conceived. But as soon as she delivered she took the infant to the river and drowned it. A shocked Santanu could merely watch. This happened seven times over and each time a devastated Santanu became a tormented bystander but did not break his vow. The eighth time he saw Ganga walking with the infant towards the river he could not contain himself and questioned her ghastly actions. Patiently she explained to him that she had promised these souls salvation and hence agreed to be their mother. Given that Santanu had questioned her motives, the vow to the last such soul was broken and the last child would live. Also as per their prenup she would leave him. The legend has it that this was the seed that planted the tree that bore the fruit of the epic battle of Mahabharata between the Kauravas and Pandavas. 

The reason I narrated the story above is because if we were to turn a blind eye to the absence of separation of the church and the state, church being used symbolically for religion, then there is merit in looking across the spectrum and we will find there to be enough advocates of mothers' rights and the saying that mother knows the best. 

Steering back to a fact based discussion, my attention is also drawn to the disabled. What happens to those women who are either physically disabled and conceive by force or those who soon after conceiving become physically challenged. How can someone unable to take care of themselves, a hundred percent independently, be forced to take care of an infant who needs to be attended to day and night! Will state provide means for these mothers and if yes who will fund that? 

Of course, at the moment it's twenty six states that will rejoice in the acceptance of this ruling. Which means there are twenty four options for the thirty six million women impacted. But to access these and the international options they will need to have adequate financing or else they will need to go to courts where their right to privacy will be shred into rags. For a capitalist country this works I think, if one has the money one has the solution. And yet it seems so inhuman and unfair. 

As a woman I love children and I believe that their innocence brings hope and learning in the crazy times we live in. I believe that we should bring children in the world but also that the world should be a safe and happy place for them. As a woman I also know the challenges that a female mind and body goes through to be able to bear children. It is not a journey that everyone may want to undertake. As a woman I do feel for the victims and the disabled and what their mental makeup could be due to their own agony. How can we force a way of life on them ! As a woman I feel that this is a pre-conceived judgement that is not just unfair and reeking of inequality, I also feel while women have silently and patiently nurtured, loved and sustained life for generations this is just putting them through a fire test they did not sign up for.

I do hope a constitutional amendment at some point will come through and on that optimistic note I sign off for this time. 

A Crime and An Aggravated Political Assault

I was preparing to go to bed and decided to skim through my twitter feed. On most days it helps me catch up with updates and sometimes even go to bed amused with my readings. However, today what I read had my insides knotted and mind knitted. In the last thirty minutes I have not been able to do anything, let alone try and sleep.

The headline read, “West Bengal horror: Tribal woman gang-raped, iron rods inserted in private parts; Opposition slams Mamata Banerjee.” Of-course what has me tangled is the completely beastly act committed against the young woman. But what has me additionally riled up is how the opposition has politicised the misery of one innocent victim. Yes, there is always an opportunity for the underdog to score a brownie point against the one in power. But at the cost of someone’s misery, misfortune and mortification! That I think is a mirror of how shallow we have become as human beings.  

As a woman I wince even at the mere thought of iron rods and to try and think what the poor soul must have gone through is sending agitated shockwaves from my head to the toes. Then to consider that politicians want to use the description of this ghastly act that she has to live with to slander the ruling party; to use her story in daily news to gain mileage and win support, is making my skin shrink and blood vessels crawl. As a woman I am feeling vulnerable and as a citizen reprehensible! The woman in me is seeking safety and the citizen in me is searching for respect and dignity!

Each time such an incident happens in the country there is a national outcry to hang the perpetrators. It is assumed that the death of the demon will bring calm and quiet to the victim and create a threat for anyone wanting to commit such a heinous crime in future. No punishment handed to the culprit can probably bring peace to the sufferer. However, allowing her to not relive the horror every second will help her move on and find normalcy sooner. So why do the politicians make the wounds of the victim deeper? Only to wind up emotions that could potentially win a few extra votes! If the attackers are brutally selfish, these supposed leaders are venomously venal! In a country that boasts of women having been Prime Ministers and Presidents, this hypocrisy is a loud cry of decaying values.

If our leaders light a fire, Indian media only fuels it further. Think about it, which media house will ask these politicians to stop in their tracks? Which publication will call upon citizens to gather evidence to help bring justice and not show case political debates on this topic? Which broadcaster will refrain from sensationalising this atrocity further by adding that this happened in a state ruled by a woman chief minister? None! Because they all want their TRPs and their advertisement revenue! And the easiest thing that sells is the one that incites emotions, as we are an emotional society. That one thing which is our biggest strength is misused by our leaders and media to our own detriment and we don’t even realise it.

Yes I am sensitive and touchy and excited at the moment. Yes I am annoyed, provoked and feeling helpless. But that is because I am a woman and I do not understand why someone in pain cannot be left alone to heal...

http://www.firstpost.com/india/west-begal-horror-tribal-woman-gang-raped-iron-rods-inserted-in-private-parts-opposition-slams-mamata-banerjee-4360105.html

Abominable Face of Indian Youth

Late teens to early twenties were the best years of my life. Those were the years which left me richer with the most cherished of all my friendships. Having selected fields which were male dominated, most of my close friends happened to be men. However, those friendships were formed on the basis of mutual respect, admiration and understanding. We had, and to-date have disagreements; but never do we question the other person’s intelligence. There have been instances of attraction within the group; but no advances have ever been made to compromise an individual’s integrity.

In fact my male friends were always protective of the women around them, whether close friends or not. I remember one particular instance quite vividly. There was an event in the college where a senior tried to act funny with me while on stage. Post the performance I was visibly upset which was noticed by a friend. On knowing what had transpired, he approached the perpetrator and confronted him. He ensured that the wrong doer got the message that he had been caught and was being watched from then on. Yes, I should have had the courage to do the same myself; but probably I was weak then. Nonetheless, my friends filled the gap and became my strength. Around them I was safe; and after all these years, to a large extent, because of them, I am a strong individual who can take care of herself and fight her own battles.

Today when I read about the 23-year old American woman who was raped by six Indian boys in Mumbai; something in my heart gave way. I was aggrieved and agitated. These boys hail from the same institutions where I made my friends. The girl studies in the same college (Tata Insititue of Social Sciences – TISS) where a close friend did her masters. The lounge bar that they went to is in the vicinity where I went to college for four years. So these youngsters hang out in the same places as I and my friends did; just that we are a decade and plus apart. Has that decade made so much of a difference that we have forgotten respect for people! Is that the youth of today – a brigade that thinks of excesses and violations as a hobby, a birthright!

While I might have highlighted my emotions, let me begin my analysis. By the girl’s own statement (published in media), I think she was not comfortable with the guys and could have averted trouble to start with. When almost total strangers forced her to drink despite her wanting, why did she give in? That she was drunk does not make the crime of the boys less offensive, but the fact that she accompanied acquaintances to an alien place definitely makes her more vulnerable. Post the beginning of the harassment, the girl went to the bathroom and called a friend. Then why not wait till he called back rather than get out in to the lions’ den? Letting herself out of the toilet, made her position even more fragile. Yet, it is possible that in a state of intoxication, her reflexes were subdued.

What is beyond comprehension is the admission of the boys (printed in the news dailies) that they planned this entire episode! Desperation, hunger, lust, experimentation; no adjective that comes to mind can ever justify this act. Violating a female mind and body to satisfy their momentary desires is a vile action and should be punished rigorously. Taking the facts as they were – the boys intoxicated the girl, duped her into going with them to a lonely apartment and then set the scene for group non-consensual sex; all these clearly point towards a well orchestrated act. They were sane and had a motive. On top of that (as reported by the media) they had the cheek to say that they “never expected the girl to cry rape” and hence never fled the city! Were they expecting her to thank them for the best night of her life! Or thank them for the morning pill they gave her to protect themselves! Abominable!

This is not the first time that such a ghastly act has been committed and reported. If found guilty (post a fair trial rather than media or individual opinionated views, mine included) the accused should be punished to set an example such that this becomes the last time that someone dares such an act. Violation of the female mind, body and soul cannot just be reprimanded anymore. It needs to be catered to more sensitively, seriously and severely. And this only means that the law and its guardians need to become more through and strict. I sincerely hope that Indian law makers acknowledge this need of the hour.

PS: I do hope that the media has published the girl’s statement with her consent. I am not sure if I condone the printing of the statement. However, if the girl has conceded to it then I guess my first apprehension of victim’s confidentiality and peace of mind being harmed will rest assured to the contrary.

Protecting and Prosecuting Crime against Women

A Russian lawyer and a journalist supporting his cause, both attempting to bring justice to a murdered rape victim, were gunned down three kilometers from an apex institution of the nation – the Kremlin. Their cause was admirable and their sacrifice noble. The irony of their death place is garish. However, there seem to be more important tasks that the governments world over are attending to, while the givers of life perish at the hands of the immoral and the unlawful.

One would hope, if not expect, that the situation would be different in a nation that has had amongst the longest serving female prime ministers in the world; has a current female head of state and even has a plethora of goddesses worshipped by a throng of staunch male devotees. Statistics, however, beg to differ. India ranks 113th out of 130 nations which were surveyed for gender parity[1]. Rape is the fastest growing crime in the country; faster than murder, robbery and even kidnapping. In fact it is estimated that two women in India are raped every sixty minutes[2]. And it is even more appalling to know that 25% of the reported offenses were committed against minors.

There are two distinct reasons for the growth in these crimes – one is the changing attitude and perception of the masses and the second is related to the law of the land. Given that people and especially women are slowly de-linking the offense from social stigma, there are more of these crimes being reported. Thus it might not be entirely correct to interpret the statistics in isolation. Even if one disregards the supposed growth in crime against women, the mere suggestion of two rapes an hour is horrifying. This is where the law comes into picture and it is saddening to understand that the Indian legal system still does not fully acknowledge the physical, mental and physiological damage caused by such gruesome acts.

Section 375 of the Indian Penal Code (IPC) defines rape as “intentional, unlawful sexual intercourse with a woman without her consent”. Questions that spring to mind immediately are (i) how does the law define forced oral sex and sodomy and (ii) is forced foreplay or engaging in all but penetration with a minor any less offensive. Those conversant with the law would like to state that while Section 375 might be narrow, Section 354 of the IPC does address the acts of forced oral sex, sodomy and even penetration by foreign objects. Further Section 377 of the IPC deals with ‘carnal intercourse against the order of nature’. However, the trouble is that neither of these two sections, acknowledge that violation of the female mind and body other than forced intercourse also tantamount to rape. This leaves a lot of room for perpetrators and their lawyers to get away with lesser than justified punishment[3].

For the culprit to be convicted, evidence is paramount. In the case of a rape, the primary sources of evidence are the physical examination and statement of the victim. Yet again, Indian legal system seems to fail the victim. Section 155 (4) of the Evidence Act requires that the victim be cross examined in the presence of the accused and that a detail of her past sexual history be noted as well. This not only is harsh and senseless but also fundamentally flawed. Research shows that rape victims suffer from acute and extensive psychological trauma during and after the incident. This leads to anxiety, concern for safety and development of mistrust becoming a part of the victim’s life[4]. With this backdrop, it is not far fetched to say that any cross examination in the presence of the one responsible for the trauma will be inaccurate and can potentially lead to further psychological damage. The law which is supposed to protect and preserve, in this one instance fails its purpose!

When it comes to minors the situation is direr. While most other countries in the world have separate laws dealing with child sexual abuse, Indian laws treat these crimes under the same Sections 375, 354 and 377. All the concession that the Indian legal system grants to minors is in terms of (i) Section 293 ‘sale, hire, distribution or circulation of obscene objects of literature to children’, (ii) Section 294 ‘obscene acts or utterances in public places’ or (iii) Section 511 ‘intent to rape’. This leaves the minors more vulnerable than adults who can comprehend the situation and voice their emotions. Stunned and puzzled children, even after expressing their experience, do not find redresses in the courts of law. This status quo is distressing in the knowledge that in the city of Mumbai alone, 60% of rape victims are girls between the ages of three and sixteen[5]!

The Indian Penal Code was introduced in 1860 and the first amendments to laws relating to rape and sexual assault were effected in 1983. In 2004 Sakshi (an Indian NGO) filed a public interest litigation seeking an amendment to the classification of various sexual offences, other than penile/vaginal penetration, as lesser offenses under the Indian Penal Code. The Apex court did not rule in favour of the social welfare organisation. Post that in 2005 that there were minor changes proposed via the Criminal Law Amendment Bill addressing Sections 354, 375, 377 and 509. However, these changes are limited to expediting trials and protecting evidence in case witnesses turn hostile.

I am finally left wondering - if the Russian lawyer and journalist were in India, would their quest to “defend the law against abuse by the state” even see a start?


[1] World Economic Forum
[2] National Crime Records Bureau
[3] Under Section 375, the punishment is seven years and upwards; Sections 354 and 377 are treated as other criminal offences and hence the prescribed punishment is not severe.
[4] See http://en.wikipedia.org/wiki/Rape_trauma_syndrome for further details
[5] The data is slightly outdated : WIN News 1999

The Unsatiated Hunger

It happened once again yesterday. A middle aged corporate executive met me for an official meeting but did not see a professional, instead saw a woman who his manhood had given the birthright to hit on. I am not sure at what point in the meeting did I realize what was really happening but I do know that the discomfort had set in early on. His mere gaze was making me feel creepy. His smirks were sending unpleasant vibes. His handshake at the end did it all. The pervert refused to let go of my hand. With four other people in the room, he had the guts to be so blatant while I on the other hand was meek enough to wiggle out my hand, walk out of that office and not utter a word.

I was seething with anger, was frustrated with my own reaction and to some extent felt exploited. I had to talk to let the steam out with someone who would understand, someone who I trust. So I called baloo. “Not all of them are swines. Sorry you have to meet them but keep going on”, said my friend and I decided to bury the episode. While on the face of it I have buried the episode I am still thinking about it and wondering if I did something to elicit that behavior. Rationality tells me that I am a complete idiot to hold myself even remotely responsible and yet the violated me feels maybe I do need to partake some of the blame. Just the thought of it makes me feel sick in the pit of my stomach. I also know that it is my word against that of this hungry man and hence there is not much I can do. So maybe I should just forget it all like a nightmare.

What happened with me was minor and trivial compared to the agony of molested and/or raped women. Their trauma is not easily assuaged. Yet the society (eastern and western) often neglects their suffering and deems them partially accountable. Take the case of the 25-year old rape victim in the UK who was told that her compensation would be reduced 25% as she had been drinking before the assault. It took a lawyer to point out that drinking was in no form or fashion an invitation for exploitation. The girl ultimately received the compensation in entirety, however, the intermediate verdict did the work of salt in the wounds; ensuring that any healing of the scars would be more aggravating.

In a number of countries sexual assault is considered an offense only if penetration happens or in case the physical association occurs without consent. What about the cases where there is no intercourse but the forced foreplay itself inhibits the woman from seeking sexual intimacy in the future? What about marital rape or instances where the woman gives in to physical intimacy only to save her own life? And why is it that the woman who is the victim needs to answer all the difficult questions, face the embarrassment and further expose her humiliation for evidence?

The feeling of being victimized, extended emotional and physical exposure, insensitive dealings of the law enforcement authorities and the attitude of the society prevents majority of the women from speaking out about sexual abuse that they have been subjected to. The ordeal ferments within causing confidence issues and emotional imbalances. With time the anguish only worsens and the woman suffers in silence while the perpetrator goes about leading a normal life probably inflicting pain on more innocent women who cross his path.

What can satisfy this hunger of men? Is it unlimited flow of the female body in varied shapes and sizes at their beck and call? Is it easy access to anything and everything that can be associated with sex? Or is it the other extreme of starving men completely of any female association? Or should every accused be simply castrated to set an example for the others of his kind? There needs to be a solution and there needs to be more sympathy. In a society where we fight for the rights of animals, we need to find some way to restore respect for the gender responsible for sustaining human life.