Balbir Singh Sooch

Generally, the question of Indian women’s rights of equality is discussed with great enthusiasm by enlightened women and a few people from the male dominated class. On the basis of personal meetings and interactions, this alone can be seen and understood that neither they themselves, nor the women, are ready to take a determined stand in favor of women. It is a complicated issue in contemporary Indian context.

It is fashionable to talk about women’s rights of equality in India. It must be emphatically mentioned here that women whose rights are being trampled over or denied have virtually no knowledge about the meaning of these rights, as they are mainly concerned with basic survival needs. Circumstances compel them sometimes to speak the truth and sometimes otherwise. Seminars in favor of women and other demonstrations are stage managed for personal benefit of the organizers.

It is explicitly clear that the rights of Indian women are connected with just economic conditions and the freedom of thought, and when her economic situation improves she will become knowledgeable of her rights. The question that follows is whether, aggrieved by a criminally dominated society, women will ever be able to move on this path?

In a clever way the desire of women to detract and wander is incited. This distraction could compel a woman to give up her self-development for money earned by entertaining rich clients. It was believed that most women who entertained the rich were poor or middle class. But, not fully realizing the consequences of their actions, a certain section of society that encourages exploitation of women for money failed to anticipate that women from among their social standing would soon follow.

News of rich girls in luxury hotels enjoying male companionship is no longer unheard of, and those who incited women in the name of “women’s liberation”, hoping to attract women from financially underprivileged families, perhaps never thought they would see the same behavior from their own women. Men in high positions, some in connivance with other women, are involved in exploiting women, and in this nefarious game, politicians, businessmen, bureaucrats, and especially police officials are conspicuously involved.

Women and girls, abandoned and hopeless, brutally thrown into trains that terminate at Amritsar or brought by trucks coming from all parts of India, find asylum at Pingalwara. Seen here, Suman from Madhya Pradesh, Molina from Bangladesh and others. "It is a sacred duty to raise their morale, infuse new spirit and confidence, to live as self-respecting people." Photo: Nishaan

The crux of the problem is poverty, ignorance, improper guidance, and illiteracy. Another important factor is the indifference of children towards their parents that has affected the way families function. In the West, where women enjoy greater freedom, her indifference toward her family is not a consequence of economic hardship, at least when compared to developing countries. Keeping alive the issue of women’s rights without considering the real causes for her inability to gain economic freedom is not of much use. If we are to compare the rights of an Indian woman to her Western counterpart we first also provide her with economic freedom that the Western woman enjoys.

In 1977-78, a seminar was held at Panjab University on the topic of Law and Rape. Eminent lawmakers, women in police, and other intellectuals had reached to participate in the deliberations. The point discussed in the seminar was whether a man should invariably be held responsible for rape or not? Whatever the reasons might have been at that time, an idea was mooted to make laws favorable for women and strictly against men. In the context of relationship of a man and a woman, the views expressed by a few intellectuals in this seminar would be pertinent to share with all.

A senior lady police officer wondered for how long women in India will have to lie because she cannot be satisfied with one man. She also proposed that police should register a case whenever a girl aged 13 years old or less complains of sexual exploitation. The audience was stunned and curiously waited to hear what she had to say next. She continued and expressed her belief that women are always compelled to lie. The cry of rape and the talk of man’s aggressiveness are generally the signs of compulsions in Indian society.

Giving examples she told the audience that in earlier times, in places like Bathinda, Arunanchal Pradesh etc., whenever a single woman was head of the family, there was an excess of unmarried men and never did any young woman complain of sexual exploitation. Furthermore during those times women used to entrust duties to men, and as per her wishes she would direct different duties to different men.

Another speaker emphasized that the relationship between a man and a woman is generally a secret, and when allegation of rape is made it does not necessarily mean that the man is at fault. An eminent jurist stated that accusation of rape being related to the “dignity of the man”, it should be perused from every angle, and all relevant aspects must be considered during investigation. The complainant cannot be considered outside the purview of this investigation.

Due to economic prosperity and freedom in the Western world, a husband and wife maintain their married relationship with sincerity, even if it is short lived. On the other hand in India living together for life, and suffering mental abuse is accepted out of social compulsions. Unfortunately the judiciary is not much help.

A well-known lawyer and activist Indira Jaising said the Rupen Deol Bajaj case had inspired her to understand sexual harassment in detail. Rupen Deol Bajaj had charged K P S Gill, former Punjab police chief, of sexual harassment. Jaising, who pleaded Bajaj’s case, said that for most Indians, Bajaj’s honour was less important than the services of Gill, who was described as the "distinguished son of India". Both former Chief Justice of India J.S. Verma, and Indira Jaising admit that sexual harassment does occur in the judiciary and the courtrooms of India.

Today, conditions compel women to look out of her nucleus. Some are affected more than others. It would not be an exaggeration if we call it deliberate negligence or contributory negligence on their part also. In this volatile condition if a man crosses the Laxman Rekha (the limit), then totally absolving the woman and hanging the man till death is not justice.

In certain exceptional cases, like that of a gang rape, rigorous punishment is needed. In fact, to dig out the truth and to present the case properly in the court depends on the competence and integrity of the investigating officer. At the same time it is also needed that there is no political or other questionable interference during the investigation.


Copyright ©2004 Balbir Singh Sooch. About the author