Negotiating Spaces
Fine-tuning Demand for Rape Law Reforms
by Malika B. Mistry
Majlis (Legal Services for women), founded by Flavia Agnes, a well-known women's rights activist and lawyer, Organized a national conference on August 10 and 11 in Mumbai on "Negotiating Spaces: Fine tuning our Demand for Rape Law Reforms". The participants Discussed the issues threadbare. Dr. Malika B. Mistry, Who teaches sociology in Poona College, Pune, reports the discussion for the readers of Islamic Voice
Harsh Mander, train IAS officer Who works with women and street children in Delhi.
Women living on the streets face sexual abuse every night. There Was mass gang-rape of women by staff of the security force in a town in Kashmir valley in 1991 the goal boxes are still dragging in the short 22 Years After the episode. While the episode Nirbhaya brought` in Hundreds of Thousands of protestors on Delhi streets, no one has bed lamp for the hapless Kashmiri women victims. Same is the case with Many Women raped by army staff in Manipur.
All of us are fully aware of the horrendous and brutal sexual violence contre Muslim women in Gujarat in 02. During Their genocide (Tehelka HAS shown this tape) Suresh Richards , a VHP activist, is shown Relating His exploits while talking à son wife Who shows no remorse. Is it so VHP That women do not Feel That Muslim women are not like women Themselves? So it is ok, If They are raped! It is extremely disturbing!
There is need to Understand the criminals Who committed this crime. The 16-year-old boy Who Took share in the gang-rape of Nirbhaya, Was the product of a home Where the father Was alcoholic, abusive, and violent. Around 13, the boy Went into serious crime of drugs. If we can reach out to kids in time Such give and love em, They Can Become socially productive Human Beings. The Therefore, Besides Having a strong law, Reforms of the criminals is Necessary to make em socially productive.
Most Often, public servants too harbor Biases contre some Individuals and Communities. Because of this, They Do not protect the victims. How do we punish Such high ranking Officials? The assumption Is That State is the protector of the victims. Purpose in reality, the State Does not help the victim. No lawyer is Provided for the victim.
The Indian middle class Does not-have empathy for the Deprived. There are 50,000 street children in Mumbai. All children shoulds thesis-have-been the Beneficiaries of the RTE. How Can They study UNLESS there are residential schools for Them? Chief Minister Says he Has No money and no place for Street Children thesis? Politicians-have money for everything else but not for Them Because They Are not a constituency That will benefit em in elections. We can not solve the problem of street children. We need to give space to children to reclaim thesis Their Lives. A new discourse of non-violence is considers. This alone can lead to prevention of crime and a peaceful society!
Audrey D'Mello on "Multiple Marginalization-Is exclusive focus on sexual violence the answer?"
Majlis has-been working Against the domestic violence for last 20 years , purpose taken up issues related with rape victims only During the last three years. It has Established Rahat to help victims thesis. How Did Rahat come into existence? A three year old baby girl Was raped behind an office. There Was nobody to fight this victim's case. The parent brought` the baby victim to Majlis and 'Rahat' cam into existence. Rahat HAS done a study of 0 rape victims and Findings are startling! As much as 85 to 0% of These victims are children below 18. Reality of Their Lives is very complex. The sexual abuse is rampant, indiscriminate and across the religions. Rape by the acquaintance is The Highest. These victims are usually from the poor class. They Suffer multiple marginalization - hunger, no schooling, made to do hard labor, live in very dangerous places, grow up in shanties
By default, a number of rape cases come to Majlis.. Many of These victims are afraid to go to court. When DID Some go to court, some of 'em fainted in the court. They can not undertake traveling to the expected short due to paucity of funds and expenses. Counseling is a luxury They Can not Afford. When Their thesis Reported rapes women to Their families and Among Their Communities, Their Life Was Made difficulty. If it is the rape of minor girls, They Are put into shelters. They UNDERGO-have to the humiliating two-finger test. Exposure to hospital, shelter homes and short em all put into discomfort. Being in shelter is like being in the jail already. It is ironic That Our entire system Does not trust the victims. It has the Bias Against the women. These victims, like Any Other poor women, want to go to school, jobs-have and Improve Their Lives.
As Many as 95% Suffered Their rapes from acquaintances. Among these, 65% to 70 offenses Were Committed by fathers, brothers, uncles, brother-in-law i.e., close relative. Promise of marriage Was the reason for 15% of the rapes. Were statutory rapes around 15%. In the seal families, the victims Were already facing physical, verbal, sexual, emotional and economic violations. For Such violence, there are two solutions: (a) Civil: under the Protection of Women Against Domestic Violence Act (PWDV) or (b) criminal: under Section 498 (a). Counseling AIMS at reconciliation entre le victim and the aggressor. Here women try to Avoid Police and courts. First women victims want to get all kinds of violence --other redressed So They seek justice in civil Manner. Only When nothing helps, They resort to seeking justice under 498 (a). THUS sexual violence is Reported at the end
Look at these real life cases (names of the victims-have-been changed.): Rukhsana Was raped by the brother-in-law over time. When a neighbor Reported the case to the police, she is put in a shelter home. Her sister, Who used to abuse her, now comes to the shelter and requests Rukhsana not deposited to her husband contre Because if her criminal husband goes to jail, nobody Would look after-her! Sharmila Was Being raped by her father since She Was 8 years old. She Began resisting When She atteint puberty. When she attained the age of 14, step-mother wanted to throw her out of the home. She stayed with a relative. The father wanted to summary sexual violation. On December 31 night, last year, he Attempted to rape her. When she Cried, her neighbor Heard the Cree and Reported the matter to the police. So now Sharmila's father is in jail. Step-mother comes to her and pleads with her not to her husband filed contre Because if he is punished Who will take care of her?
Then there is a case of a young lady Keralite Who Was raped by a stranger. She Suffers nightmares and can not sleep. If She has to sleep, She Had to put on the lights. In this case, this lady is from a well-off family whereas The Above two girls Were poor. They HAD no lights to put on In Their homes. These victims want to move on In Their Life. They Are goal was not given a chance.
In case of statutory rapes, the teenagers-have a glamorous view of life as Depicted in the Hindi movies. The boy promised wedding. The girl Becomes pregnant. When relatives come to know, They file a case Against the boy and the boy goes to jail.
It is found That criminal justice system is used only for 5% of the rape cases. We need to find alternative systems of justice for 95% of the cases. Are we ready for this?
Flavia Agnes
Many times women victims Develop thesis health problems. When the teenage girls aged 13, 14, 15 or 16 years do not get menses, Their mothers and sisters take 'em to the doctor. They only-have the notion of love And Then HAVING child, as shown in Hindi films. In between what happens They Do not understand. For about five to six months, thesis girls are exploited. When the family members come to know, the girl will reveal His Name. The boy is arrested This. It is pathetic to see thesis girl children with child faces purpose pregnant bodies. There is an urgent need to make the law work for thesis girl children and Marginalized sections.
Advocate Arvind Narain
Sexual violence is pervasive. Sex is used to victimize the Conquered During the wars. During Bangladesh Liberation, hordes of Bangladeshi women Were the carried away in trucks and raped by the Pakistani army. Bosnian women raped Were enmasse by the Serbian army. Even though rape is Predominantly women of purpose Sometimes It Can Be contre men. Rape of men faces Greater taboo Among the victims. For example, When an innocent man protested after-He Was locked up, He Was raped (read sodomised) by three policemen. Everybody knows about the sexual violence contre Bilkis Banoo, goal Hardly anybody knows That her brothers too faced sexual violence During Gujarat genocide.
In normal times, rape Can Be Committed due to hatred of a religion or caste as in the case of horrendous sexual violence contre Muslim women in Gujarat and Against the Dalit women in Khairlanjee. Rape is done to humiliate the individual women and men and the community Itself. Thesis in boxes, the intention to rape is more condemnable. The Therefore there is a great need and urgency for the human rights movement to take up the issue of sexual violence was large scale. Rape laws shoulds be gender-neutral and for this reason Justice Verma Committee HAS recommended "person 'in place of' women 'victims.
Shah Chayanika, social activist
Rape is a gendered crime. Today Meaning of gender power Has Changed. It is not only male power goal aussi structural power, DEPENDING upon qui from caste, class and community hails from the woman. Intimidation, degradation and transgression are Involved in the sexual assault contre women.
Justice Prabha Sridevan, train Judge, Madras High Court
What is the image of ordinary woman in Indian Law? How is it constructed?
PHYSICALLY She is weak. She can not protect herself. She can not work as a guard-even in a women's prison. How about a man? He is a father face and 'reasonable'. These are highly biased notions Because The Lived-in experiences of ordinary men and women in reality are very different. There is a great need to inculcate the values of diversity and inclusiveness Among the Judiciary. Violation of Dignity and equality of women shoulds be the value while Delivering the Judgements on sexual violence.
Common sense and memory of the judges is gendered. Women are not allowed Their Basic Freedoms as law says That a noble woman is one Who practices self-denial. Indian society and Indian Law are based on 'male supremacy'. Concept of family honor is applicable for women victims only and not for the men the aggressors. Two Held staunchly misconceptions contre Section 498 (a) are that - it destroys the family and it drags the bystander. A study done on 498 (a) in 11 districts of Tamil Nadu Revealed That It is not easy to use this section Because evidence can not be Produced in the short as violence happens in the private domains of the houses. It found aussi That Hardly Any family members Were dragged in to the court. Then why are we biased?
An ordinary woman is rational, hard-working, Expects respect from her husband. She is more empathetic. She deserves safety at home and at workplace safety. She deserves a full life. Are women ask asking too much?
Naina Kapoor Advocate
Women victims face untold hardships in the short while seeking justice. Medical evidence alone shoulds not be insisted upon Because It causes a lot of trauma. The Public Prosecutors and the judges ask very insensitive, and derogatory awkward issues to the women. In India, Constitutional equality, Given to women, is all the time violated. To make judges sensitive to women's Concerns, her group conducts workshops viz. "Equality Programme" for the judges. Today, we need preventive law and it shoulds Become user-friendly. Today law Does not Provide Entitlements to women victims. Law Does not Provide the final solution as it misses rehabilitation of the victims.
Prof. Nilima Mehta, train Chairperson of Child Welfare Committee, Stated que la Indian society is in general Neither caring nor protecting protective ict children. She Lamented That Indian state HAS done very little to prevent prevention crimes by children. . We-have to adopt a 'reformatory and rehabilitative' approach Towards our child delinquents to make em productive and good Human Beings
Category : Muslim World News Special Report
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