New Age Islam
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Current Affairs ( 19 Jan 2013, NewAgeIslam.Com)

Rape And Punishment- Conservatives Exposed


By Asghar Ali Engineer

January 20, 2013

The rape of Nirbhaya (as the 23 year old victim has been named by Times of India) on 16 December night rightly raised grave concern about the safety of women in modern democratic India today. Thousands of women and men, especially women, came out on the streets of Delhi, Mumbai and several other cities to condemn the heinous crime against women and demanded change in law to make it harsher than what it is.

I fully sympathise with the concern of these women and men and agree with them that all possible steps should be taken to prevent such heinous crimes against women involving rape and murder. As it is women are victims of lust of men and on top of it some conservative Hindus and Muslims blame them (victims) only for what has happened with them. We need to discuss this at length.

First of all I would like to emphasize that it is a multi layered phenomenon and need multi-layered solution. May I even say it requires deconstruction and reconstruction of social values and human character as one of the important steps towards solution of the gender question. Harsher punishments, no matter how harsh, is not going to solve the problem. After the Nirbhaya case and despite such protests and hue and cry every day tens of cases of rape and brutal murder are being reported in newspapers as if, for these rapists, nothing untoward has happened at all.

Let us first see who are rapists and who are victims? We can divide them into three categories: 1) rapists are rich and powerful and victims either middle class or poor dalit or minority women; 2) the rapist is poor and victim too is poor and this both belong to middle class or upper class. In addition to this close relatives including father, uncle or step father are also among the perpetrators.

In case rapist is powerful and victim poor the rapist is bound to escape. They can buy most well known lawyers, police and even a section of judges. Many of our politicos including MLAs and MPs have been accused of being perpetrators of this crime. Who can touch them?  Poor and powerless are more likely to be punished and if death sentence is accepted as punishment as being demanded by some it is these poor who will go to gallows.

Let me tell you death sentence is not going to solve the problem at all. Death punishment has been there for centuries for murder and yet murders keep on increasing by the day. It will only give more power to the police to harass poor and helpless people or make more money through bribery. And who will police the police? Hundreds of helpless women are raped in custody. Also rape by army officers in areas like Kashmir, Manipur and several other places is no less a common phenomenon. No police or army officer has ever been punished for custodial rape.

Also, dalit and tribal women have been raped in this country and are being raped everyday by upper caste landlords and yet there is no concern ever expressed, let alone huge demonstrations as in case of Delhi rape of Nirbhaya. In the Delhi case victim happens to be a middle class woman and perpetrators belong to lower middle class. Just replace the perpetrators with an M.P. or MLA and imagine what would have happened. The media would have kept silent dismissed the news in few lines in a corner and a few women activists would have demonstrated not numbering a few dozen.

Also, hundreds of women, especially belonging to minorities have been raped in communal riots. In Mumbai 1992-93 riots mother and daughter were raped together by a riotous mob near National Park, Borivli and in January 1993 during Surat riots number of Muslim women together were raped on the roadside and we did not hear a whimper of protest. In Gujarat 2002 hundreds of women were raped and in cases like Kausarbi and Bilquis Bano were pregnant and in case of Kausarbi the fetus was taken out after ripping the abdomen and thrown into fire. Except an international Women’s group nobody even bothered to find out what happened. And when a Member of Parliament tried to raise this question of all the people Mr. Fernandese, a socialist and Minister of Defence if NDA retorted what is new in this. Women have always been raped in this country.

Unless we radically deconstruct our feudal patriarchal values we can achieve a little in eradicating this crime. In patriarchal society women are mere object of lust on one hand, and a machine for begetting children and cooking for husbands. No less a person than Mr. Mohan Bhagwat, the RSS Chief calls women as mere house servants on contract and one can break the contract at any time. Can there be more shocking attitude towards women than this. He even forgets that in Hindu tradition marriage is solemnized by taking oath before agni (fire which is sacred). Thus marriage is a sacred relationship between man and woman, not of servant and master.

Another member of BJP suggested that Ramayana prescribes the right conduct for women and that they should not cross the Lakshman Rekha. Asaram Bapu said that Nirbhaya should have chanted mantra and called her rapists brothers and they would have spared her. In Ahmedabad when Bilquis Bano was about to be raped by her neighbour whom she always called uncle she told him you are my uncle. The uncle thereupon said ‘not today’ and he raped her. So much for Asaram Bapu’s formula.

The Jamat-e-Islami has come out with the solution that women should dress decently and co-education should be stopped for eradicating rape. As if rape is promoted by co-education. The Jamat has resorted to 19th century discourse when co-education was to be introduced and was being discussed. Mohan Bhagwat also said that rapes are committed only in India (meaning modern cities) and not in Bharat (i.e. villages)

Unfortunately for Mohan Bhagwat dalit women have no dignity or rights or sense of izzat They can be raped without impunity by upper caste as they have been raped for centuries in rural areas and so the tribal women. They are there only to satisfy upper caste men’s lust. It is generally these women who migrate to urban areas now and are raped there too.

From above it will be seen that it is victims who are to be blamed by conservatives of all religions and not men who cannot control their lust. Unfortunately not a single person from amongst the conservatives have blamed men for rape. It is women who must be controlled and what ‘helpless’ men can do if women dress provocatively and invite them for rape. Until yesterday if a woman came out of house, even in dignified dress she was provocative enough and hence she was strictly controlled. Anyway who will decide which dress is provocative enough? For conservative Hindus women must draw her sari over her head (make a ghungat) and for a Muslim she must cover her face with hijab with only two eyes seen. Thus who will decide what is provocative and what is ‘dignified’.

In fact as pointed out above number of steps need to be taken to control rape instead of blaming women and restricting their dress or movements. The root of the problem is sexual lust and that needs to be controlled strictly in number of ways.  We must deconstruct patriarchal value system and reconstruct universal value system which accords dignity to both the sexes and considers woman or female gender as fully dignified individual, no less. She is not an outlet for man’s lust or mere housewife and child producing machine. She must be treated with dignity and honour performing all her human functions like man including her biological functions and enjoying equal status with man.

This reconstruction of value system has to start with family and school text book. Today both family and school text books are thoroughly patriarchal and feudal in nature. Both institutions have to be overhauled and universal values to be infused in them. Unfortunately our education system is entirely career-oriented rather than character-oriented. Also our patriarchal values put boys at advantage even in the matter of career. Apart from change in law what is needed is thorough over all of our text books in matters of gender sensitivity. We must change our textbooks to make them emphasise gender-equality. Similarly family values should also change in equal measure and respect for womanhood and woman as a source of life has to be emphasized. Husband should be projected not as authority or family head but as an equal partner.

Similarly our police has to be made gender sensitive and entire law enforcing agencies should be sensitivised to gender equality and my experience shows in matters of de-communalising that it does make big difference. Also, it is high time we change our language too as it is infested with male-gender superiority. She should not be projected as ‘fair-sex’. This creates psychology of its own. The whole advertising industry is based on woman’s sexuality. This is more urgent than restricting her dress. Whole media is silent on this as it benefits immensely from sexual exploitation of woman in advertising industry by showing women half-naked and also as object of sexual lust.

Thus making sentence harsher may or may not help (but fast-tracking rape cases will certainly help) but overhauling our value system will certainly help. Call it social or attitudinal engineering is urgently needed. Also all women irrespective of caste and class are worthy of respect since we have done our own sins are visiting us. Let us not tolerate any rape of dalit, tribal or minority women and we can have rape-free and riot-free society.

Asghar Ali Engineer is an Islamic scholar who also heads the Centre for Study of Society & Secularism, Mumbai.