[RECOGNITION, PREVENTION AND SOLUTION]
By
Alok Kumar Bose, H.J.S. Registrar
High Court, Allahabad, U.P.
“Behind the façade of placidity exists the woman, forlorn and frustrated, but in curbing her independence, man has himself become imprisoned. Attempt has, therefore, to be made by both men and women to liberate themselves from the pervasive influence of a tradition that has crippled their growth”- with this ultimate aim in mind, the U.N. General Assembly met in December 1972 and decided to celebrate the year 1975 as the international Woman’s Year. Consequently, woman delegates from 110 nations met in Mexico City in July, 1975 to chalk out a plan which is known as “Mexico-Declaration”. It contained a 10 year World Action-Plan to liberate women from suppression and self doubt.
Since patriarchal times, women have, in general, been forced to occupy a secondary place in the society in relation to men, a position comparable in many respects to that for racial discrimination, inspite of the fact that woman constitute numerically almost half of the human race. Charles Darwin, in his “Origin of Species” (1859) and “The Descent of Man” (1871) traced the origin of woman’s secondary status in relation to man from” the struggle for survival of the fittest”. In the words of Susan Sautag “All women live in an imperialistic situation in which men are colonist and women are natives”.
It would, however, be interesting to note that socio-anthropological studies have revealed that woman’s inferior status is neither natural nor universal but has evolved over the centuries. There was a time, when women occupied a very high position in the society, and in certain quarters, they were even treated superior to their male counter-part and were often worshipped. This tradition of worshipping the woman prevailed particularly among the Hindus who conceived God in the form of “Ardha-narishwara” and believed that where females are honored, there the Deities are pleased. Furthermore, the “Brahmans” believed that a teacher is ten times more venerable than a sub-teacher, the father is hundred times more valuable than the teacher, but the mother is thousand times more venerable than the father.
Notwithstanding all these, the downfall of women could not be stopped, and a time came, when they were simply treated as silly, scatter-brained, melo-dramatic house-wives, solely for gratifying male-ego and decorative worth, possessing a beauty which rest on their delicacy, purity and even on sexuality. This downfall is not sudden. As early as 350 BC, Aristotle said, “A female is a female by virtue of certain lack of qualities.” and we should regard them as “afflicted with certain natural defectiveness” proclaimed the Quaran. St. Thomas pronounced, a woman is an “imperfect man, an incidental being”. This symbolized in the Genesis where Eve is depicted as made from a supernumerary bone of Adam. According to Manu, the Hindu Law giver, a girl, a mother and a matron should do nothing according to her own pleasure even in her own dwelling place. When young, she should depend upon her father, when married, upon her husband and when old, upon her sons. This dictate of Manu still reflects the general attitude of our society and is corroborated by the remark of lla in Dak-Bangla, a novel written by Kamleshwar, “Woman needs man even in any form, as a husband or a son or a father or even a servant. She is by nature, weak and ought to occupy secondary place in relation to man. “This presumption of secondary status made Freud in his Castration-Complex observe that “Woman suffers from the absence of the male organ. She possesses only a second-rate biological equipment”. With due regards to Freud, it is submitted that it is a curious hypothesis that one half of the humanity should have biological reasons to feel in a disadvantages position for not having what the other half possesses and not vise-versa. Kate Millet, in her “Sexual-Politics” remarks that Freud appears to have made a major, rather foolish confusion between Biology and Culture and between Anatomy and Status”
This imposition of secondary status has resulted in the general failure of woman to take a place of human dignity as free and independent existents, associated with men on a plane of intellectual and professional equality-a condition that has limited their achievements in many fields. T.S. Eliot observed that “Our Civilization is male- manufactured”. True, but this is only because of denial of education to women. It is to be noted that the Oxford University did not grant Degrees to women in the same terms as to men up to 1920. Women’s distance from higher studies and technological knowledge is ever greater, and the number of uneducated and illiterate women continues to swell and out of estimated one billion illiterate adults in the World, two-third are women. The 1991 Census of India records that here only 39.4% females are literates, and out of 324 million illiterates in the country, women constitute 60.9%. School drop out rate among girls in India is 67.6% and they constitute only 10% of the total enrollment in Rural Higher Secondary Schools. The UGC Annual Report shows that of 175 thousand graduates passed out in 80-81, only 7.4% were females of 71 thousand Engineers only 4% of 110 thousand Doctors only 32% and of 8000 Military Science pass outs 0% were females. This denial of education has given rise to pervasive social evils and has made their knowledge about worldly affairs almost nil and, therefore, the husbands often find them, though intellectually not equal but good for their male ago.
Our sex-morality too, rests on the complimentary pillars of virginity, marriage, rape and prostitution. Man likes chaste and virgin wife but always instigates his neighbour’s wife to commit adultery-an example of this duplicity of the male attitude is prostitution, for it is the demand that creates the supply, writes Kate Millet. What is still worse is that except in certain communist countries, modern woman every where is permitted to regard her body as a capital for exploitation. Curiously enough, in India, women are expected to follow the principles of “Pativrata”. Those who violate this sacred principle are called the “Kultas”. But what about men? It is said “Man is polygamous by nature”. We speak of equality but fail to emulate it in our matrimonial relations. Furthermore, women, in any class and country are generally treated as the property of man. Even the word ‘rape’ has originated from the concept of ‘robbing a man’s property”, and unfortunately, women do not even object to this. In many countries, brides are purchased even today by paying ‘Bride-Wealth’ to her parents and, therefore, as a matter of right, they are violated. The women accept this as a cultural- tradition and dictate of the Almighty. It is also curious to note that the sociologists have arrived at an unanimous conclusion that the universal condemnation of rape derives more from the ancient notion of man’s property than from the modern nation of violating a woman’s body. It is also shocking to note that in various parts of the World, particularly in Africa, Middle East and Arabian Peninsula, women are generally subjected to the gruesome act of circumcision. More accurately, this operation, which removes all or part of the external females genitalia is a form of mutilation that robs of female’s sexual pleasure. It also endangers their lives both at the time of operation and often during child birth. According to a report of W.H.O. there are more than 80 million women who have undergone the agony of this surgery in Africa alone. Medical complications arising out of this sexual surgery are severe and at times, fatal. Immediate risks include hemorrhage, tetanus, blood-poisoning, damage of adjacent organs and shock of pain. Long time effects include chronic UTI, pelvic inflammation, infertility, irregular menstruation uncomfortable intercourse apart from various psychological disorders. The practice of this female circumcision originated from the male desire to control even female sexuality. There are other pervasive means of controlling the same. The Romans slipped rings through the Labia Majora of their female counterparts to prevent impregnation. Chastity-Belts were also used to thwart illicit sexual intercourse. Religious sanctions were made a shield for taking recourse to such perversions. Unfortunately, majority of the women still believe that these rituals are demanded by their religion as they purify their genitals, increase fertility and affirm their feminity. However, the plain truth is that these were all due to men’s desire to have a virgin girl. In many parts of Africa uncircumcised women are still considered to be promiscuous and sexually untrustworthy. The position is not very encouraging else-where, particularly in India. Here, they are often treated as slaves and have, by far, three main functions i.e. bearing babies, serving as sexual machines and maintaining the house. In return, they are so ably protected that they are not even free to do things other than their daily routines. The less we talk about their social engagements, the better it is as it includes only meeting relatives and close female friends, taking part in religious activities and occasionally going out with family for a Cinema or Mela. The husband is God to her whom she fears as well as worships. Making independent relationship is not only discouraged but is condemned and she has no liberty to complain even. Here, we follow the policy of ‘Apartheid’ in case of marriage till today. A dark complexioned girl may possess all the attributes but still the blackness of her skin will tarnish her image in the marriage market. Even today, girls are thoroughly inspected in front of the guests and relatives before the settlement of marriage. Her choice is never given a weight. ‘It is a brutal affair, absolutely like the procedure of buying a horse or a cow by examining all its points’, writes Nirad C. Chowdhary in ‘To Live or Not To Live”. However, Sir William Bentinck and Raja Ram Mohan Ray raised the problems of females way back in 1827 which resulted into the eradication of some of the social evils attached to it like “Sati-Pratha”, Child-Marriage, Re-Marriage of Widows etc. Ishwar Chandra Vidyasagar advocated for their education, liberty of thought and expression. It should also be remembered that about four decades before the liberty movement in U.S.A., Mahatma Gandhi drew our attention towards the miserable condition of women. He pointed out that both men and women are gifted with the same capacities and therefore, both should be treated equally. The very existence of one depends upon the other, so much so that one cannot conceive without the help of the other. It should also be remembered that from its very inception, the Indian National Congress encouraged the women to come forward and participate in the freedom struggle. The Congress was very much worried about the backward position of women in India and wanted to improve the same and this perhaps paved the way for Adult-Franchise when India became independent in 1947. Although Margret sisters rejoiced to see the young and the old women gathering at the Polling Booths for casting their votes in the First General Election held in 1952, it was one of the greatest tragedies that Mahatma Gandhi and Sarojini Naidu never lived to witness this exhilarating sight.
In “The Story of The Women of India, “Mrs. Padmini Sen Gupta writes that a women’s rise to the Prime Ministership of India is no sociological wonder. The freedom struggle had thrown up a galaxy of eminent women in every walk of our public life. Mrs. Indra Gandhi logically reached the top following the path finders like Sarojini Naidu, Raj Kumari Amrit Kaur, Vijai Laxmi Pandit and Sucheta Kripalani. Women had the distinction of providing three congress Presidents during the British Rule-Annie Besant in the 1917, Sarojini Naidu in 1925, and Nelli Sen Gupta in 1933. Inspite of all these, India ranks dismally low in Human Development Index prepared by the United Nations Development Project with health, security, economic opportunities and political participation. It is true that in no society do women enjoy the same status or opportunities as men nor there is any place where she is not violated. The U.S. Department of Justice reported that in USA, a woman is beaten in every 15 second, a rape is committed in every 6 minute and at least 4 women are killed everyday by their batterers. Else where also, the position is equally bad, even worse. In Papua-New Guinea, 67% of the rural and 56% of urban women have been victims of wife abuse, in Nicaragua 44% men interviewed admitted having beaten their wives several times, in Peru 70% of all crimes reported are of women beaten by their partners, in Austria 54% of all murders in 1985 were committed in the family of which 90% were of women and children, in Equador, wife beating is a common feature and 80% women admitted having been beaten by their husbands. However, their condition in India is precarious. Here, the ratio of Male-Females is 1000: 935. The reason for this difference is numerous. One alarming reason is Sex-Determination Test. Reports reveal that in Bombay alone, out of 8000 abortions performed at a clinic after Sex Determination Test, 7999 were found to be of female fetus. The reports further reveals that between 1978 and 82, 78000 female fetus were aborted in India after Sex Determination Test. Furthermore, the available statistics reveal that 51% boys are breast-fed as compared to 30% girls. Again, among children admitted in Hospitals for treatment, 70% were males. A report of National Crime Bureau of India shows that in 1991, one rape was committed in every 54 minute, one kidnapping or abduction of female was committed in every 43 minute, one Dowry Death in every one half hour and one criminal offence against woman was committed in every 7 minute in India. However, this does not reflect the true pictures as majority of the offences either remain unreported or are minimized.
Not withstanding this precarious position, the two World-Wars drew in thousands of women to whom “Work in Masculine” theory was earlier applied to offices and factories. They built ships, aeroplanes and machines but while doing a man’s job, they were given a woman’s wage and when the war ended, they were thrown back into the kitchen and the theory that “rearing babies is far more exciting than making automobiles’ was applied again in full swing. Women resented it because apart from economic independence, there was a genuine satisfaction in being a technician or a mechanic. As the Italian woman Maria Rose Dalla Casta puts it, “participating with others in the production of a train or a car is not the same thing as using in isolation, the same broom in the same few square feet for centuries”. This resentment, however, gave momentum to the Liberty-Movement in USA and Europe. Women, by large, particularly in Sweden and Denmark realized that they have been trapped by a man made “Feminine Mystique”. Infact, their socio-economic status was truly secondary. In 1965 while 42% of the American working were College Instructors, only 9.4% were Professors and while 34% of the men earned more than ten thousand Dollars per annum, the figure for women was only 3%. The American women, although never so suppressed as her Indian sisters, still find themselves doing the traditional female jobs like Waitress, Typists, Receptionists, Nurses and School Teachers. In India, the Statistical Profile, G.O.I. 88, reports that agriculture is the major employer of women but they, generally, get less than half the wages that their male counterpart receive. In organized sectors, women constitute less than 15% of the total number of employees. They constitute 2.8% of the Judges and 3.8% of the Central Government Servants, out of 4209 I.A.S. only 339 are females, of the 24181 P.S. only 21 and of the 480 I.F.S. only 53 are females.
As observed earlier, the liberty movement, which got momentum in the sixties, through embracing a host of factors, reveals two distinct trends : The Feminist and the Socialist. The Feminist see the women’s oppression as the basic form of oppression and calls for something to be brought exclusively by them to change this frustrating situation. The Socialists, however, asked whether it would have been possible for the Russian Women, who less than a century ago were customarily whipped to signify that they were beast of burdens, to constitute one–third of the Judges and Engineers and three-forth of the Doctors but for the Revolution? Thus, a synthesis of the studies made by the Feminist & Socialists would reveal that the liberty of women depends upon two major factors. The first is a social revolution bringing about a radical change in social values and attitudes. The second is overhauling of the Education System, thus, equipping women to fight for their rights. The first will take time, perhaps a generation or two, as the present discrimination is the result of centuries of conditioning and lots of effort is required to change this age old attitude of people, both male and female. However, the second objective can be attained if we have a genuine will to do so. The Government alone cannot and should not be expected to solve the problems. Women will have to come forward to shoulder the responsibilities with such help as the Government, the Parliament, Law courts and the Public, in general, can give them. Self-esteem is also essential if women are to take control to their lives. Unless, women themselves consider that they are equal of men, no amount of Legislation or Conferences will help them to become equal.
What women further need is economic independence through gainful employment because once she ceases to be a parasite, she will be ready to associate herself with on a plane of intellectual and professional equality. Some women have come out, notwithstanding the difficult family situation, to supplement their family income. This is, of course, no freedom to them. Infact, their work has doubled and surprisingly most of the modern educated women are not even aware of this situation. There is an apprehension in the mind of some male chauvinists that free women will lose the art of making love and male-sex will be deprived of the ‘Feminine woman’s Love’. On the contrary, love will be more true as woman being man’s equal will be able to understand him more completely.
Here in India, the Constitution has conferred equal legal status to women. Article 14 of the Constitution guarantees equality before Law and equal protection of the Law. Article 15 lays down that there shall not be any discrimination on ground of religion, race, caste, sex or place of birth. Article 39(a) provides that all citizens, men and women equally, have the right to an adequate means of livelihood. Article 39(d) provides equal pay for equal work. Article 39(e) requires the State to promote the health of working men and women. Article 51(e) calls for to renounce practices derogatory to the dignity of women. Beside these constitutional guarantees, which put women at par with their male counterpart, various other laws have been enacted or suitably amended, to enable the women to overcome their plight. Family laws relating to marriage, divorce, guardianship, adoption, maintenance and inheritance have been codified or suitably amended to do justice to women. Law prohibits sati-pratha, child-marriage, polygamy, dowry demand, derogatory depiction of women in the media and pre-natal diagnostic techniques to determine sex. Medical termination of pregnancy, remarriage of widows, inter-caste and sub-caste marriages have been made legal. Women now enjoy equal share over their ancestral properties. In addition to all these, section 125 Cr. P.C. provides for their maintenance under special circumstances involving neglect. Section 292, 294, 354, 509 of Indian Penal Code protect the decency of women and any offence under these sections is punishable. Section 497 IPC defines adultery as consisting of sexual intercourse with the wife of another man. Enticing or taking away or detaining with criminal intent a married woman is punishable U/S 498 of the Code. Sections 366, 366A, 366B, 372, 373 provide them additional safeguards from kidnapping, buying on selling for the purpose of prostitution etc. Sections 498A, 304(B) have been added in the Penal Code to prevent husband or his relatives from subjecting a woman to cruelty or death for dowry. Furthermore, consent of husband before employment is no longer required under the law. The medical Termination of Pregnancy Act, 1972 give women a right to safe, scientific and legal abortion, Pre-Natal Diagnostic Techniques Act, 1988 prohibits sex-determination tests, Indecent Representation of Women Act, 1987 prohibits derogatory depiction of women in the media. Section 376(b) (c) (d) of the Penal Code deal with inter-course by a Public Servant with woman in his custody, inter-course by Superintendent of Jail, Remand Home etc. and intercourse by any member of the management of staff or Hospital with any woman in that Hospital. Section 377 deals with punishment for carnal intercourse. Prostitution has been licensed and accordingly, appropriate amendments have been made in The Suppression of Immoral Traffic Act to safe guard the interest of women. Consent of wife has been made compulsory before abortion and adoption. Beside this, various other legal rights and privileges have been given to them. Cohabitation by deceitful means, marrying a during the life time of the first wife, going through fraudulent marriage ceremonies etc. have also been made punishable. Maintenance Laws have been enacted to protect the neglected wives and children. Thus, the laws have not only brought legal status of women at par with their male counterpart but have given them additional grounds of protection. Unfortunate part yet is that many women, specially those living in the rural and slum areas, are ignorant about these laws and not much trouble has been taken by the Government in general and the authorities concerned in particular to make them aware of their right. Furthermore, most of the enactments have been framed hurriedly often for political gains without any genuine concern for the welfare of the women in general as such are full of loopholes, Recommendation of the Law Commissions or Expert Committees differed widely from the final Enactments. The Government often seems to be happy by passing the Enactments in order to portray a progressive front and is complacent with a false sense of achievement. The Executive and Judiciary do not reflect any progressive attitude while dealing with or interpreting these laws, as a result, the deterrent effect of some of the enactments are apparently nil and often their use were found contradictory to the spirit of the law. Again, under Indian Judicial System, there is no provision to take extra-judicial notice of the fact that victims of violation, particularly kidnapping and rape, often sustain minor physical injuries but their emotional damage and psychological trauma are of greater severity than the actual physical event. It often destroys the victim’s total personality and family and make them feel dirty, both from inside and outside. In addition, it makes them also suffer, apart from various physical disorders, from shame, fear, guilt, anxiety, nightmares or sense of disrespect. Their husbands often refuse to accept these tormented ladies.
When the International Labour Organization (ILO) realized some years ago that the much trumpeted emancipation of women was a delusion and that legal, political and economic condition of women had not improve in most part of the World, it asked the member states to find out what the status of women actually existed in their countries and to suggest how could this be raised. The Government of India in response reported that the status of women in any society actually depends upon the general level of their education and recognition of their legal and social rights, apart from economic independence. Therefore, unless these are improved, their condition is bound to remain the same. They have to be induced to do more than producing babies and chapattis and come forward to take their true position in the society. Unless they treat themselves equal to their counterpart, their destiny is not likely to be changed, and no amount of legislation will help them to become equal. To begin with women should not only be treated as having equal status but needs to be given some special treatment and then only Marrie Bashkirisevs dream, “What am I? Nothing. What shall I be? Everything”, will come true.
It would, however, appear from all these discussions that now time has come when man has to sacrifice his prerogatives in order to promote woman’s progress and it is desirable for two reasons: firstly, in the present situation, humanity is deprived of the benefits and contribution of almost half of its members. A World, where there is perfect blending between the two sexes will be richer that the world where most of the women contribute almost nothing. Secondly, this would also liberate those men, who in order to suppress their wives have become oppressed themselves. Most of these men are obliged to fulfill the role of the head for the family. They might relatively be free to choose their profession but are not free from the necessity to work. In preventing their wives from gaining independence, they have been imprisoned in their role of ever vigilant, in making women hungry for security, they often face a situation where their contribution to marriage is simply the security they provide to their wives, and they often face a conflict between the “acting out men” and the “real selves”. Hence, we find that at one level, the female is suppressed by the male in real sense of the term but on the other hand, we find that it has become oppressive for both. Hence an attempt has to be made by both the parties to liberate themselves from the pervasive influence of a tradition which has crippled their growth and then only, Lafergue’s prayer for camaraderie will be answered:
“Ah young woman,
When will you be our brother !!
Our brother in intimacy,
Without ulterior thought of exploitation?
When shall be clasp our hands truly?” Concluded.