Claiming Gender Justice
9th February 2008
Justice S.R.Nayak, Chairperson- State Human Rights Commission, delivered his opinion on the Mumbai New Year molestation case on the occasion of speaking on "Human Rights and Lawyers Role". He expressly mentioned that "Yes, Men are bad", "But who asked them (the women) to venture out in the night". He concluded by stating that "Women should not have gone out in the night and when they do, there is no point in complaining that men touched then and hit them. Youth are destroying our culture for momentary satisfaction". (As reported in The New Indian Express, 09 February 2008)
At a separate occasion the Chief Justice Cyriac Joseph was delivering a speech on the topic "Supreme Court on Section 13 of the Hindu Marriage Act, 1955". He reportedly urged women to dress "modestly" for the "safety and security of the people". He further elaborated his stand by saying "Nowadays, women wear such kind of dresses even in temples and churches that when we go to places of worship, instead of meditating on God, we end up meditating on the person before us." (As reported in The Hindu, 09 February 2008)
India is a country with despairing statistics relating to women. While more women in urban regions work towards the idea of economic freedom, strangely and most interestingly the graph indicating the sex ratio of the country falls. Since Dr.Amartya Sen's 1980s assessment of 'missing women' (ie great numbers of women in the world who are literally not alive due to family neglect and discrimination) estimated that atleast a 100 million women worldwide were missing, more recent estimates say that in India itself there are more than 50 million women missing. Now declared freely -India has a serious and growing problem of missing women. Perpetrator's of the patriarchal system which subjugates a woman to a man on the basis of brute force and economics, have ensured that even now in the so called era of flourishing radical notions of freedom and rights based approaches- the gender based crimes in the country continue to rise alarmingly.
It begins with the undefined and often difficult to assess crimes relating to a woman's modesty. For the simple reason of being unable to prove themselves and the very reality of their experience- most cases of molestation go unreported. The issue begins with silence and becomes further shrouded by shame and guilt. This is the beginning of the continuum of injustice and social malaise that heinous crimes such as infanticides, dowry deaths etc are stoked on.
These regressive and unwarranted statements maligning women for being provocative and the reason behind their own doom can be termed a classic expression of an oppressive patriarchally structured society. Yet what is tremendously shocking about these unjustifiable statements made yesterday by the Chief Justice and the Chairperson (SHRC) is the simple fact that they were made by two eminent judiciary members whose prime mandate as defined by the Constitutional Preamble is to uphold "Justice - Social, economic, political, and equality; Liberty of thought, expression, belief, faith and worship; Equality of status and of opportunity; and to promote among them all, Fraternity assuring the dignity of the individual and the [unity and integrity of the Nation."
Article 19 (1) (a) gives the citizens of India the right to the freedom of speech and expression. In a country which holds a multitude of cultures, dress is another well recognised form of expressing identity. Article 15 of the Constitution recognizes the weaker status of women in the Indian society and provides for positive discrimination in clause 15 (3) which mentions that "Nothing in this article shall prevent the State from making any special provision for women and children". The Article 51 A (e) -Fundamental Duties also states that "It shall be the duty of every citizen of India - (e) to promote harmony and the spirit of common brotherhood amongst all the people of India transcending religious, linguistic and regional or sectional diversities; to renounce practice derogatory to the dignity of women". In face of such strong clauses addressing the cause of individual freedom and vulnerable status of women, it is a matter of concern that the chief law implementors have conceded ground and fueled the beliefs such of which have been responsible firstly for the weak condition of women in India currently.
As women and as people who believe in the truth and power of Justice- we must come together to question why people in positions of authority and influence, in positions of upholding the highest good in a democratic country- have not been responsible enough to stand by the book they swear on and by taking a strong stand with the victims. Instead they have abused not only the victims but also the system by legitimizing a regressive and oppressive perspective.
In revolt of such actions we demand together a public apology by both members of the premiere institution of law so that victims of abuse who have kept away from the system fearing ridicule would be brought closer to the higher cause of Justice through the path of faith.
If in case they truly honour their profession and the position that they now hold, these gentlemen will honourably step down so women may hold their head high and walk during day and night without fear.
http://www.ipetitions.com/petition/indiawomen2008/
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If you have an idea or an opinion or simply want to get in touch with us protestors, mail pronto to: gender.issue@gmail.com
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