ATROCITY ON WOMEN: A SOCIAL GANGRENE

 

Atrocity on women: A Social Gangrene                                                    Anil K Khaware                                                    Advocate That in the month featuring International Women's day I am constrained to pen this is a tacit reminder of grim Scenario in society qua Women even existed as on today. I feel bruised and battered after viewing the viral video relating to annihilation of “Aisha” owing to ills thought of her family where she was in wedlock. The bubbling life was immersed in Sabarmati, because of alleged demand of dowry and poking of fun at her by her in-laws for alleged inadequacies of dowry. A girl when joins her husband and seeks to adjust in a new family and finally take that as a permanent abode. Should  the life of a girl perniciously revolves on quantum of dowry and inadequacy of it is a moot point. Society has to answer the moral decay. In green youth a daughter of India has succumbed to dowry demand. Those, who claim Masculinity by subjugating women should be descended in shame to such an extent that such incident should not ever reoccur. Yes, law will take its own course, but shall that absolve the pain, agony, anguish and trauma of the parents of Aisha. If this is what is the panorama of world, more particularly that of our country, why is it like this? There is an emergent need of soul searching and mechanism of therapy of gangrene is the need of hour. As an ordinary citizen, any of us shall fail in duty, if voice is not raised against the ills and in unison so that echo of the voice should be louder by the day till such time sanity is restored in society. The vast part of society is undeniably sensitive, but, still, a sizeable chunk of it has created such a moral fissure that we have to bear that while craving for absolute sensitivity.    In the backdrop of what has happened at Sabarmati in Gujarat , the ghastly outcome to callous indifference, chauvinism and insensitivity of husband and in-laws has lead to annihilation of life. An innocent and bubbling life and hope has turned turtle. The incident is not isolated there are other similar or even more gruesome cases reported off and on. The renaissance is necessary. The women despite being subjugated intends to remain organically linked to husband and the new family, and does not display in public the treatment meted out to her and unfortunately the perpetrators are emboldened to continue with their tyranny and a pattern remained unchanged. The complete metamorphosis of thought is necessary and one has to inculcate it from within in whichever way it is feasible. This is a case is vast majority of Indian women having deep root in societal chores. Silent suffering is a gate way of continuous agony. It is not that blaming “patriarchy” shall answer the ills.     PROVERBIAL Leaf From History Maithili Sharan Gupta in 'Yashodhra' in the year 1933 had written 'Awla jeewan hai Teri yahi kahani, aanchal main hai dudh aur ankho main pani'. What was symptomatic of the yesteryears has largely remained unaltered even after Eighty (80) years. Some aberration apart, the women are an epitome of sacrifice and devotion and society or part of it cannot afford to treat her disdainfully. We are aware that women is also worshiped as “Durga” the all powerful was created by taking parts of power from every other god and goddess to finally destroy the force of evil. History tells us the might of women power, be it Razia Sultan or Maha Rani Lakshmibai, Ahilya bai, Sarojini Naidu or Kasturba are only few names,  The examples in Modern India is numerous. There are no sphere, where women is not there. She is leading by examples to emulate. The sportspersons like PT Usha, P.S Sandhu, Saina Nehwal and Sania Mirza are but few examples.  Still , the stark contrast also cannot be ignored and that is atrocities in women within the family itself apart from other crimes that women faces in society. This has acquired the shape and contour of gangrene.   The chemistry of crime The another aspect of crime being perceived as display of dominance against women including rape, a most heinous crime. The reason probably is no patriarchy, as any system may not be infallible, but the mores in family itself shapes a person and upbringing since childhood is of utmost importance. Even the Anthropologists may find it difficult to diagnose the reason of misanthropy leading to criminality.     NIRBHAYA CASE AND AMENDMENT IN CRIMINAL LAW No one can forget the Nirbhaya case of 2012 and to refer to that is akin to accentuating the wound. The unfortunate incident, though, had partially awakened a segment of society and there were full scale condemnation that the incident deserved. The Indian Penal Code was amended and Nirbhaya fund was created. Section 354 relating to trying to outraging modesty of women was revisited,. Section 354 was in statute book before, but it was laconic in terms and the offence was bailable. However, Section 354 itself is turned non-bailable now and Section 354 A, B, C and D are added .Section 354 B is made non-bailable. Section 354 A, C and D has also been added to include voyeurism and stalking as offence. We know that law may have an impact, but unless there is complete awakening in society and till we recognize that  the life and liberty of women has to be truly respected no substantive changes could be forthcoming.   RECENT CASES The recent case of Hathras, Balrampur, Ballabhgarh are just few names and such incidents are continuing unabated. We have in statute book Domestic Violence Act 2005 enlisting the measures that could be adopted by women for their protection, Section 498 A of Indian penal Code is related to cruelty against women. The periodic amendments as referred to above could not reduce the crime. What is pertinent in the context is that most of the Acts are response to crime. Therapy is the response, but preemption should be the norm and hence, efforts should be underway to devise a methodology whereby the pathology in mind is slowly but surely mitigated till it goes to oblivion.     Instances deserving censure The slapping of mother by a son leading to her instant death as reported in Delhi about two days back. No provocation could be strong enough to justify such an unpardonable act. Yet another instance reported recently from Kutchh (Gujarat) is the killing of sister by brother due to suspicion of illicit relationship. The psychology of short fuse, moral decay and sense of belonging over female as an outlet to socially perceived  hegemony is deprecated. The demonic thought and acts existed before and a pattern is set in and the mindset need to change and that too from the day when a child remains a kid. If the principle “Family is eternal school of social life” is to remain relevant, then, it is the family as an institution which has to inculcate amongst their child moral value. Somehow, indifference in inculcating the moral value amongst kids in family has resulted in aberration. The aberration leads to erratic behavior and thought, where reason and ethics has no place. That is the recipe of disaster. The society has to stand united and consistently should take umbrage collectively in condemning the act and the efforts in setting right the decay. A mere despise to the act shall not be enough. Pernicious act and conduct deserve pruning and a social surgery.           MEDICAL TERMINATION OF PREGNANCY AND STUMBLING BLOCK It is generally seen that a victim of rape, including a minor or disabled is left with carrying pregnancy and owing to social stigma, many of such matters are not reported and even family members are not made aware till the foetus speaks of itself. By that time, the pregnancy goes upto 12 weeks and even up to 20 weeks, thereby entailing the process of medical termination more complicated. Even such cases seeking Medical termination of pregnancy (MTP) reaches before the  hon’ble Supreme Court and for want of law and the associated danger in carrying out abortion of late pregnancy makes the situation piquant. The human right entailing right to life with dignity is a cherished right under Article 21 of Constitution of India. If a child or woman is to carry on with the pregnancy due to the reasons as aforementioned, this will lead to complete deprivation and scar is likely to remain throughout the life. The need of legislation was therefore felt since long in this regard.     IRELAND CASE No one shall forget the death of an Indian woman Savita Halappanavar in the year 2012, who lived in Ireland, who was denied termination of pregnancy owing to anti abortion law existing there. Her death due to complications has led to the passing of the bill in May 2018 , when  two-thirds of Irish people had voted to repeal the 35-year constitutional ban on abortion and enabled parliament to enact law for access to abortion in the future. We know that abortion had been prohibited in Ireland by the UK Offences against the Person Act 1861. By Virtue of the Eighth Amendment additions were made to the Constitution by referendum in 1983. It was so, as concerns about laws prohibiting abortion raised from the citizenry and it was perceived to be unconstitutional on the touchstone of right to privacy.       NEW LEGISLATION Though, the issue of MTP remained in limbo for long, but thankfully the wisdom in legislature finally raises a ray of hope. In a significant move the Rajya Sabha has passed a bill that allows a “special category of woman” to terminate pregnancy upto 24 weeks.This is an increase from existing 20 weeks gestation period. This a step forward towards securing dignity of  women. The Medical Termination of Pregnancy ( Amendment ) Bill 2020 has proposed the stipulations and the Medical termination of Pregnancy Act 1971 shall therefore be amended to the aforesaid effect... The bill is in shape after hectic parleys with gynaecologist Association, related NGOs, Indian Medical Association. The Lok Sabha has already passed it. However, the grey area shall remain as the “special category” is not defined and it is left to the respective states to take a call on it and rules may be framed by states to include rape survivors, incest victims, vulnerable women etc One significant special provision in the bill .is that whereas earlier, if the abortion was to be conducted within twelve week of pregnancy one medical doctor opinion was needed and in case of termination of pregnancy within 20 weeks, two medical doctors’ opinion were to be obtained. In the current bill however, it is altered to the extent that till 20 weeks of pregnancy only one medical doctor opinion shall suffice, whereas above that and till 24 weeks, two doctors opinion shall be required or special category of women. This has also opened up the abortion of substantial foetal abnormalities. This is a move in right direction in as much as there are instances where a victim who is of tender age may not appreciate and understand the pregnancy and the cause of that and by the time it is realized, oftenly, it was found too late in the day and therefore need was felt that the outer limit of 20 weeks for termination of pregnancy was little less. The Doctor and expert also dissuaded the action of MTP for the risk involved and for want of law. The life was being lost on this count. One may remind himself as to what had happened in Ireland when a lady was not allowed abortion , in view of prevailing Irish law and life was lost. That was alarming and hue and cry was raised all over the globe.

REMARK

To conclude, there is no denying about the existence of quagmire and antipathy towards women emanating from a segment of society and a class from them having sense of entitlement to do and act in a way they want and women are in the receiving ends. The laws are enacted and periodically new law is drafted and devised but the crime has not ended. One needs to introspect as to why the law is not acting as a deterrent. Needless to say, law alone shall not resolve the issue, the society need to get together to remove the gangrene. Law shall aid but it is no panacea.  

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