Authors: Prateek Khandelwal and Nikhil Hans*
The unprecedented crisis of COVID-19 led to a worldwide shutdown. The “locked’ world aims to break the web of infection and flatten the curve. Though, the lockdown acted as a pause button to freeze the planet, it has reshuffled the lives of millions. The pandemic has generated multilateral effects; economies crashed but the environment was seen relaxing, and many more. Subsequently, the lockdown shielded the world from witnessing violent crimes. The figures of several cities like Delhi, Kolkata, Lucknow, Bengaluru, Thiruvananthapuram and Coimbatore have observed 60-90% decrease in crime rate as compare to last year. Violent crimes such as murder and rape have fallen even more sharply, all credited to the nationwide lockdown. However, with fewer people venturing out, cases of domestic abuse have witnessed a sharp increase, and this is happening not only in India but across the world. The United Nations defines violence against women as “any act of gender-based violence that results in, or is likely to result in, physical, sexual, or mental harm or suffering to women, including threats of such acts, coercion or arbitrary deprivation of liberty, whether occurring in public or private life.”
Domestic Violence: A Shadow Pandemic
The concept of social distancing and staying home can surely mitigate the challenge posed by the ongoing crisis. But the metaphor of Lakshman Rekha quoted to break the network of the virus has proved to be unfortunate for the women again.
For long, women were confined within this permanent state of lockdown, it was only in the past couple of decades that women have begun crossing the Lakshman Rekha of violent homes and strengthening themselves to control their lives. Despite this, homes remain the most unsafe environment for women where one in every three women in India continue to face violence. Domestic Violence is one of the most normalised “shadow” pandemics, which has been adapted as a pattern of life. Experience of Covid-19 shows that in times of exigencies violence and offences against women increases.
In the context of women, “#Stay Home, Stay Safe” quoted to prevent the spread of Corona, sounds ironical as the nation could overpower Corona, but women will be forced to stay close to their perpetrators. This legitimised lockdown has caused a steep rise in violence against women. According to the data of National Commission for Women, 587 were registered complaints from March 23 to April 16, out of which 239 were of Domestic Violence. A contrast can easily be cited, as only 123 cases of domestic violence were received between February 27 and March 22, while the total number was 396 in that period. NALSA report shows that in two months of lockdown, till May 15, more than 144 cases were reported in Uttarakhand alone. In another report, by Sakhi One Stop Centers, a spike is witnessed as 89% of the total number of cases registered were of domestic violence.
Moreover, lockdown has reduced the outlets from this exploitation and therefore preventing women to register complaints against the perpetrators. As women who are victims of domestic violence are locked in with their perpetrators, for months together. Such women in “ordinary circumstances” could have sought help from the authorities, sought shelter elsewhere or sought medical aid after the abuse. However, each of these outlets has been shut down due to the lockdown to prevent the spread of the “pandemic”. If the domestic abuse were a virus in itself, locked homes would have increased its breeding rate and mutated a more complicated variant that would have seeped into the genes of the patriarchal society.
Corona and Global Domestic Trend
The incidence of domestic violence is not restricted to India only. The trend of abuse has perpetrated all over the world as a consequence of the lockdown. The women and children who are victims of domestic harassment have no escape from their abusers during the quarantine. As the lockdown is entering into the next phases, the problem has risen alarmingly and steeped across jurisdictions.
The World Health Organisation (WHO) says that the risk of intimate partner violence is likely to increase, as distancing measures are put in place, and people are encouraged to stay at home. On April 6, UN chief António Guterres called for measures to address a “horrifying global surge in domestic violence” directed towards women and girls, linked to lockdowns imposed by governments to combat Coronavirus pandemic.
Fuelled by mandatory stay-at-home norms, social “physical” distancing, economic fallout, and anxieties caused by the corona pandemic, domestic abuse has increased globally. Across the globe, there is a surge in the reported cases of domestic violence and intimate partner violence including China, United States, United Kingdom, France, Australia, and others. Now, with houses locked up in the worldwide shutdown, headlines are lighting up with violence reports, leaving no choice with the governments other than to address the crisis. Modified policies are being transcript since no jurisdiction governed by the rule of law had a provision to curb the domestic crime in this unprecedented crisis.
To tackle the surge, Spain and Portugal modified lockdown guidelines to include protection and assistance of victims of gender abuse as “essential services”. As a preventive measure, the government of government of France has booked hotels to shelter women seeking a safe environment; also toll booths were set up at groceries and pharmacies so women can register complaints against the abuser. As a social step to fight this evil, in France, Italy, Norway and Spain a code is in trend wherein a woman asks a pharmacist for Mask -19. This is a pseudonym for him to call for help.
Conclusion: What Have Resulted In Increase Of Domestic Violence During Pandemic?
From the past few decades, there have been attempts by the NGOs, social activist and government to restrict domestic violence against women and protect her constitutional rights. However, still, it has been increasing day by day and this time a bit differently. As most of the countries are under lockdown and fewer people are venturing out, this has put women under severe threat, because they are being subjected to domestic abuse and the cases has increased drastically in these lockdowns and pandemics. But why this is so?
Firstly, as most of the people used to live in other cities and states, separately from their wives and children for the works but due to lockdowns caused due to COVID-19 pandemic they came home and living together with their family. And fear of losing jobs and financial distress have resulted in physical, mental and psychological stress which in turn provoking and increasing the cases of domestic violence.
Secondly, Alcohol is one of the major reason behind surge of domestic abuse. Despite of lockdowns and ongoing pandemics alcohol are being supplied under the table and as we know, people (mainly migrant labourers) who came home and got out of cash, they are asking their wives (women being ‘Karta’ at homes i.e. they keep money to run homes) for money, denial of which resulting in domestic violence. Consumption of alcohol is itself resulting in increase of domestic abuse because, a large number of people are at their homes as compare to pre-pandemic situation.
Suggestions: Need Of New Approaches And Ideas
Human civilisation has come so far now, everything about humans has changed except the “patriarchal mindset.” We as a society have failed in protecting, and uplifting the liberty and dignity of women, so it is a high time that every member of the society needs to change their perspective on women. Just enactment of stringent laws will not bring us a decline in Domestic Violence. Pandemic and further lockdown has affected people and working of justice systems as it is unsafe to go out, which has restricted victims (women) to seek remedy and redressal. So, to provide such women access to justice in this pandemic, there is a need of new approach and ideas i.e. if these women are unable to reach authorities then authorities should reach them.
Government should conduct door to door survey at village, Nagar Parishad and Anumandal level through Aganwadi Sevika, Sahayka and ASHA workers (as they are women so victims will feel comfortable to share her problems with them). It should be conducted under the purview of Ward Sadasya, Sarpanch and Mukhiya at village level and, Ward members at Nagar Parishad and Anumandal level. If any of such women found, they should be provided with financial support and shelter to live. Doing the survey at lower level will be proven effective and efficient as it will help in reaching every houses and that too with proper safety because population density in villages are low and most of the above given authorities live at the place of their respective jurisdiction.
Women grievances cells and helpline numbers should be established in metropolitan cities (by dividing it in various zones according to population density) which are densely populated as physical movement either by authorities or victims would not be safe in this pandemic. Awareness about helpline number should be extended to people through T.V. news channels, paper media, social media platforms.
These are some measures that the government can adopt, apart from increasing investment in organisations that provide aid to women. It only needs to remember that India’s women are not waiting by the wayside to be picked up at the end of the lockdown, they are shouldering the brunt of it and are being exploited while at it.
*Nikhil Hans is a 2nd Year student pursuing B.B.A., LL.B. (Hons.) from Chanakya National Law University, Patna
Euthanasia, Living Will and The Analysis In India
Euthanasia, i.e. mercy killing, refers to the act of painlessly putting to death a person who is either very old or very ill to prevent further pain and suffering. It is basically a practice that is done on people suffering from incurable diseases or incapacitating physical disorder wherein they are allowed to die by the withdrawal of artificial life support system or withholding of medical treatment. On 9th March 2018, the Supreme Court of India, in a historical decision, legalised passive euthanasia and the right of terminally ill persons to give advance directives for refusal of medical treatment. Therefore, the concept of ‘living will’ was recognised which essentially refers to the document that the person writes in a normal state of mind seeking passive euthanasia when he reaches an irreversible vegetative state or when he gets terminally ill. For a comprehensive understanding of this whole topic, we have demarcated between different types of ‘mercy killing’ in the next section. Also, we will discuss the concerned judgement in detail not forgetting to mention the backdrop that led to the much-anticipated move. Additionally, we will try to summarise the arguments of both the supporters as well as the dissenters of the move before finally moving to the conclusion.
Active Euthanasia, Passive Euthanasia, Indirect Euthanasia and Assisted Suicide
Active Euthanasia refers to the deliberate act of ending the life of a terminally ill or incurable patient through the administration of a legal drug or injection by the physician. Passive Euthanasia is the withdrawal or withholding of artificial life support system when the patient requests to do so or when prolonging of his life is termed futile. Indirect Euthanasia means the provision of treatment with an aim to reduce pain and suffering, but which eventually speeds up the process of death. And, assisted suicide (also called physician-assisted suicide) refers to the situation when the doctor intentionally and knowingly provides the patient with the knowledge and/or means to commit suicide. The laws regarding euthanasia differ throughout the world. In countries like Belgium and the Netherlands, euthanasia has been legal since 2002. The practice of ‘Assisted Suicide’ is legal in European countries of Switzerland and Germany. In England, both euthanasia, as well as assisted suicide, are illegal. In most of the U.S., euthanasia is illegal but physician-assisted suicide has been legalised in ten of its states. In India, passive euthanasia was legalised two years back. The next section discusses the same in detail.
Euthanasia in India: The Aruna Shanbaug Case and the Common Cause Judgement
The case of Aruna Shanbaug has been quite instrumental in changing the euthanasia laws in India. Ms. Aruna Ramchandra Shanbaug was an Indian nurse who in 1973, was sexually assaulted by a ward boy in the hospital as a result of which she went into a vegetative state. In 2010, a plea was filed by activist Ms. Pinki Virani before the Supreme Court seeking euthanasia for Ms. Aruna Shanbaug. The Court took up the plea and finally, on March 7, 2011, delivered the historical judgement. Ms. Virani’s plea got rejected but at the same time, broad guidelines were issued legalising passive euthanasia in India. It was held that the decision to withdraw life support must be taken by parents, spouse or other close relatives in the absence of all of whom, the ‘next’ friend would be entrusted with the responsibility. In this particular case, the hospital staff that had been taking care of Ms. Aruna for years was called the ‘next friend’ and not Ms. Virani. In 2015, Ms. Aruna Shanbaug, after 42 years of constant suffering died of pneumonia at the age of 66 but not before playing a vital role in influencing upcoming euthanasia-related laws in India.
In a separate move, ‘Common Cause’, an NGO working for people’s rights, approached the Supreme Court under Art. 32 of the Constitution in the year 2005, wherein they prayed for the declaration that ‘Right to Die with Dignity’ be made a fundamental right under Art. 21  i.e. Right to Life. Additionally, they requested the court to give directions to the government with regards to the execution of living wills in case a person gets terminally ill. The argument was that subjecting terminally ill people or the people suffering from chronic diseases to cruel treatments denied them the right to live with dignity. On February 25, 2014, a 3-judge bench of the Supreme Court led by the then CJI P. Sathasivam started final hearing in the case wherein it came out that the previous judgements given in the case of Aruna Shanbaug v. Union of India (2011), as well as the case of Gian Kaur v. State of Punjab (1996), were inconsistent. The matter was then referred to a 5 Judge Constitutional Bench. And finally, on March 9, 2018, in a historical decision, CJI Deepak Mishra led bench recognised the concept of ‘living will’ that was to be drawn by terminally ill patients for passive euthanasia and also laid down comprehensive guidelines for the same. Hence, the ‘Right to Die with Dignity’ was held to be a fundamental right.
Euthanasia- a good or a bad thing?
The proponents of Euthanasia argue that allowing an incurable patient to die will alleviate the constant pain and suffering that one has to go through when in the vegetative state. The other point which they talk about is that ‘right to die with dignity’ is a matter of personal choice and no-one else should be allowed to interfere in the patient’s decision. It has also been said time and again that timely executed euthanasia could also relieve the financial burden on the family of the patient which in case of absence of the law, could exert a lot of financial burden on poor households.
Moreover, coming to the major points that the opponents say, the fact that the law on euthanasia could be misused is always talked about. It is argued that children of old and ill parents would certainly want to neglect their parents when they are needed the most. This does not fit with the kind of social and cultural environment that we have in India, where parents are supposed to be provided with care when they get too old. Also, the opponents lay emphasis on the sanctity of life and reckon that accepting euthanasia would lead to a reduction in society’s respect for life.
Benefits of recognising Living Will
Recognition of Living will indeed have some good impact. The concept essentially requiresa person to write the will as an advance directive when he is capable of making a sensible decision. And, thus, this rules out the possibility of the situation when the patient, being too ill, is not able to make an informed and competitive decision especially so in the case of Mentally Challenged patients and the patients who are incoma. Also, the living will, to much extent, would relieve the moral burden from the family member who actually takes steps for euthanasia, for ultimately, he would be fulfilling the informed wish of the patient only. Passive Euthanasia could sometimes, in exceptional circumstances, lead to the allegations of murder so the existence of a living will have a role to play in preventing such situations. In and all, the legalisation of ‘living will’goes a long way in effective implementation of the laws of euthanasia in India.
In the course of this article, we tried to explain with clarity the concepts of euthanasia as well as ‘living will’. We listed out the arguments of both the proponents as well as the opponents of euthanasia and also mentioned how the ‘living will’ is going to have a positive impact. Giving due importance to the judgement of the Supreme Court in the Common Cause Case, the long-anticipated Fundamental Right to Die with Dignity has finally been accepted. The legalisation of Passive Euthanasia, along with the recognition of ‘living will’ would make a lot of difference in how the severely ill patients meet their death. Having a dignified death is equally important as having a dignified life, so in that respect, the laws on euthanasia would come out to be of vital importance. As far as the living will is concerned, it is definitely going to simplify the entire process of euthanasia. In the end, we could just hope that the laws are able to achieve the desired objectives.
The Constitution of India, 1950, Art. 32.
The Constitution of India, 1950, Art. 21.
 Aruna Ramachandra Shanbaug v. Union of India, (2011) 4 SCC 454.
Gian Kaur v. State of Punjab, (1996) 2 SCC 648.
 Common Cause (A Regd. Society) v Union of India and Anr, 2018 5 SCC 1.
Reimagining Governance after Covid-19
What will it take to rescue the global economy in the wake of COVID-19? Are adjustments, improvements or amendments enough? Haven’t we done this before? Maybe it’s time to rethink this with a mindset, not of ‘starting again’ which would tend to invite ‘again’ thinking, but instead to begin with a completely blank slate – no preconceptions – just goals.
I suggested a new paradigm, a total reset.
Change most often happens incrementally, over decades, if not centuries and many historical truths define the present long past their relevance. For one, the fundamental principles of our global economy still rest on the agrarian and industrial revolutions. Tilling the soil and staffing factories remain the foundations of today’s economic planning – despite the fact that we have well entered the digital, automated world.
Another of these historical, yet increasingly outdated conventionsis the pervasiveness of male leadership.
The position of women has evolved incrementally and at best- unevenly – throughout the world. Although women comprise half the population, the world’s political, economic and social systems continue to be based on designs stemming from and reflecting men’s nature.
All things being equal, it is very costly to knock down the entirety of something and start from scratch. Perhaps fortunately, the devastation caused by COVID-19 is happening at a time of acute and increasing awareness of the imbalance in society. This offers a rare, first-ever opportunity to revisit the definition of effective.
That is whyit make sense to re-architect these systems now, imbuing governance with a mix of qualities of success that are peculiar to women as well as those of men.An op-ed in the British Medical Journal recently noted that to avoid ‘groupthink’ and blind spots, policy decisions must include representatives with diverse backgrounds. But during the outbreak of covid-19 the male-led governments of the UK and Sweden relied mainly on epidemiological modeling by internal advisors. Few channels were open for dissenting views. By contrast, Merkel looked to outside sources, beyond epidemiology to medical providers, and as far as South Korea’s successful testing and isolation procedures.
Two notable characteristics of leadership of women leaders during Covid-19 were inclusiveness and compassion: embracing diversity in political institutions and empowering society. In the battle against corona this meant transparency, clarity of responsibility with everything visible – not behind the scenes. It meant swiftly finding ways to allow the populace to become stakeholders in the solution. It included appealing to the citizenry with an executive demeanor that conveyed commitment and a sense that there was a consistent plan of action that demanded civic responsibility while at the same time, leaving the people with a great deal of discretion and personal influence over their own experience.
Compassion informed a compelling vision presented with warmth.
Some like Peter Huang of the University of Colorado Law School, have already noted the most important leadership lesson of COVID-19:put more women in charge. But is that enough when the system itself is informed by and imbued with male characteristics, language, energy?
Societal norms are defined and shaped by millennia of men at the helm. Thus most women remain compelled to conform to the existing framework, created by and for men, to attain and hold their positions. In most cases, that means; act like a man. Adapt to systems where leaders are expected to be aggressive, domineering and cut-throat.
The devastation wreaked by COVID-19 shows that the existing framework is no longer relevant, opening an opportunity to invent something totally new. The virus has created a moment where we can begin to see the possibilities devoid of the limitations of our old ways. The time has come to expand the definition of what is effective and reimagine measures for governance based on entirely new systems that emerge from a cooperative process of creation. For the first time in the history of humanity, society can be built on foundations rising from a fully cooperative process between men and women. With a clean slate and a balanced – male and female, yin and yang -defined approach, we have the opportunity to do it right.
Contextualizing the causes of rape: Battle of ‘wrong’ perceptions
The recent sexual assault committed at the outskirts of Lahore motorway has sparked tremendous outrage in Pakistan, from highlighting CCPO’s misogynist remarks, defending him, demanding public hanging, justice for the victim and overall security for women to spreading gender awareness in the society. However, to my utter surprise, the discourse rarely mentioned the perpetrators the way they should have been mentioned. The predominant yet absolutely fallacious focus remained on how ‘rape’ stems out of some ‘sexual deprivation’ or ‘uncontrollable sexual urges’. In other words, rapists seek ‘sexual gratification’ through rape. The problem with this statement is that it minimizes the legal responsibility of rapists and attributes the causes of rape to something beyond their control. Once the legal responsibility of rapists is removed or reduced, then either the circumstances or the victims themselves are blamed for creating situations in which the criminal lose control of themselves for sexual fulfilment. How can one consider and accept this supposed ‘uncontrollability’ of men, when this very society ‘informs’ us that men are more ‘rational’, ‘sound’ and ‘prudent’ while women are ‘emotional’ and ‘sentimental’. In religion and in wider social discourse, majority of leadership and managerial positions are reserved for men because they are considered logical and mentally more stable than us females. How can someone who is allegedly more rational, more reasonable and sensible have no control over their sexual behavior? Have no sense of individual dignity and self-restraint, personal responsibility and moral accountability? If we accept this wrong perception about men’s incapability to control their sexual desires, then, we should immediately overhaul the society and put men into the confines of their homes and must restrict their exposure to public space, because they have no power over themselves. Do you see where this argument may lead if we keep thinking that men cannot control their sexual urges and rape just happens out of lust and sexual desires?
The truth is both genders have equal sexual needs and desires, the only difference between them is that society has ‘normalized’ male sexuality and stigmatized ‘female sexuality’. And yes, both genders have equal control over their sexual urges. Rape never happens randomly and just out of extreme sexual urges, remember, it is an act carried out by the rapists intentionally. Moreover, majority of rapists (as various researches shows) have multiple venues to fulfil their sexual needs through extra-material ‘consensual sex’ and prostitutes. Paradoxically, a lot of rapists are married men, and men in powerful positions who have unlimited access to free but ‘consensual sex’. Therefore, we need to reject widespread notions that perhaps sexual impulses are uncontrollable, and because they cannot be controlled, they will ultimately lead to sexual crimes or rapists are essentially some ‘sex-deprived individuals’. The wrong emphasis will lead to wrong solutions to eradicate this social evil.
In this context, it is extremely necessary to understand the reasons and motives behind rape and sexual harassment. Various researches on this subject indicates that majority of rapists are motivated by an impulses of aggression incorporating power, acceptance of violence, revenge and anger. They are also encouraged by a combination of aggression and sexual expression emerging directly from the traditional male sex-role which is why when rapists are asked about motivations, ‘they often indicated that rape most commonly stemmed from a sense of sexual entitlement, and it was often an act of bored men… seeking entertainment’ (Rachel Jewkes, 2010)
Also, Rape is often ‘used’ as a weapon by the rapist to control, violate, and belittle the victim or to compensate for his perceived inadequacies such as lack of power, control, identity, and authority through the act of rape. There are extensive interviews of rapists available, in which, the perpetrators have elaborated how the act of rape was not really about ‘sexual pleasure’ but rather how it satisfied their wish to attain control, spread violence, and seek punishment and domination. Susan Brown miller, a feminist scholar, famously proclaimed that: “Rape is not a crime of irrational, impulsive, uncontrollable lust, but is a deliberate, hostile, violent act of degradation and possession on the part of a would-be conqueror, designed to intimidate and inspire fear…’Moreover, another feminist researcher MacKinnon found out that ‘aggression against those with less power is often experienced as sexual pleasure, an entitlement of masculinity that creates and maintains a sexual/gender hierarchy’. This has been demonstrated through Sanday’s Study on rape that distinguished between ‘‘rape-prone’’ and ‘rape-free’’ societies. Her cross-cultural study found that rape-prone societies were associated with interpersonal violence, male social dominance, and the subordination of women. In contrast, rape-free societies were characterized by respect for female authority and decision making and the near absence of interpersonal violence.
Besides, if we look at the history we will realize that rape has been used as aweapon of war and oppression throughout history. It has been used to degrade women and weak, vulnerable- unprivileged man and their communities and for ethnic cleansing and genocide. In jails all over the world, male rape is pervasive and never even highlighted through ‘breaking news’. In the famous rape case of Mukhtar Mai, the focus almost entirely diverted towards her, whereas her 14 years old brother was, also, a victim of repeated gang-rape by the three Baloch Mastoi men. And let’s never forget that it was the local Jirga who ordered the rape of Mukhtar Mai. How sick is this society where men are not punished for their criminal acts but rather their sisters, daughters, wives and mothers are punished. If a man sexually assault a woman, that man should be punished not woman belonging to his family. There are hundreds of examples where woman and man were sexually assaulted to humiliate or dominate and take revenge or inflict pain and injury either directly on the victim and their family or to disgrace one gender as a whole. Therefore, It can be established that rape has numerous motives as Beverly McPhail, renowned feminist scholar who has done extensive research on causes of rape, asserted that rape is both “a political, aggregate act whereby men as a group dominate and control women as a group,” and “a very personal, intimate act in which the body of a singular person is violated by another person(s).” She asserts further that “Rape occurs due to multiple motives rather than the single motivation… The multiple motivations include, but are not limited to revenge, power/control, and attempts to achieve or perform masculinity recreation or sexual gratification (of violent ‘nonconsensual sex).”
However, the common misperception in the society is that rape occurs because of ‘uncontrollable sexual urges’, ‘late marriages, ‘broken families’, ‘women not wearing veil’ and the like. The whole notion that the rapists might have felt ‘out of control’ is a gross rejection of the fact that rapists ‘intentionally’ commit assault to ‘control’ the victim. This line of thinking perpetuate the false notion that perhaps man are some desperate beasts and therefore cannot control their sexual urges. Unfortunately, there is a subtle acknowledgment of such wrong, delusionary and misplaced perception in the tone of so many people, who, perhaps think our society is ‘sex starved’. In fact, our society is obsessed with sex and the daily news of sexual assaults are emblematic of this. Men in our society have raped ‘dead females after exhuming’, minors, (both boys and girls) and animals. If this is not obsession then what it is? This doesn’t sound like ‘starvation’.
The major problem emerges with patriarchy and how ‘sexual violence’ has been normalized and accepted. Yes, our society has stealthily ‘accepted’ sexual violence when majority of populace of Islamic republic chants in unison the notions of ‘chadar and char devari’ to ‘save’ women from sexual harassments. Ironically women are not even safe in their homes or in some cases in their graves, and don’t forget a huge number of girls and minors are raped by family members. Such mentality forgets to look at the causes of rape, ending rape culture, and correcting male behavior, instead it just loves to assume as if ‘chadar and char devari’ has saved and protected women. Our society has accepted and normalize sexual harassment when films and media is blamed for spreading vulgarity and spoiling the young generation, as if before the advent of social media and films, rape cases were non-existent. Our society has normalized sexual harassment when male children are brought up differently than females and when the family and educational institutes do not inculcate gender sensitization in students. This very ‘Islamic republic’ tolerate sexual violence when women are routinely given rape threats but law enforcement agencies rarely take actions; when rapists are not punished and roam freely. When criminals committing domestic violence, acid attacks, honor killings go unpunished. Every time when women is stared at by men in streets (even if she is wearing burqa) , when she is groped or touched in public, in schools, universities, offices and she remains silent out of fear of retaliation and humiliation and cannot hold the culprit responsible, this ‘rape culture’ is nourished and strengthened by ourselves. Moreover, the extent of hypocrisy that is maintained through this rape cultureis such that perpetrators are virtually ‘morally acquitted’ of their heinous crime. For the most part, there is a little reference towards them being ‘real culprits’. Our society has attached no stigma no disgrace towards the offenders of sexual violence, staring, catcalling, eve teasing and the like. Instead, it dearly devotes all its energy towards ‘disgracing’ and ‘dishonoring’ the victims and their family. We never shout out and label the perpetrators as ‘disgraceful’, ‘dishonorable’, ‘criminals’ and of course ‘sinners’ as well. This society tell victims that how they are ‘disgraced’ or have ‘lost their honor’ by the sexual assault whereas in reality the victim is innocent and mazloom. The victim’s human rights are violated and s/he is oppressed, and who is oppressed cannot be ‘dishonored’. It is only the oppressor, the criminal who is disgraced and dishonored by his crimes and sins. But have we ever, collectively and vocally, renounced and stigmatized the rapists in particular and perpetrators of other acts of sexual harassment in general? Would it be wrong to say that staring, catcalling, abusing, eve teasing etc. by Pakistani men have actually become our ‘national character’ and majority of man are not even sorry for these shameful and inhumane acts. The day when sexual harassment is removed in all these forms at grassroots level, heinous crimes like rape will tremendously reduce as well.
To add insult to injury, the clergy (the Mullahs, the Allamas) has all the time in the world to ‘preach’ and perform their ‘religious duties’ during Ramzan and Moharram, and who, vociferously condemn ‘bad behavior’ in women, suddenly disappear from the scene when incidents of sexual harassment occurs. No ‘jaloos’ or ‘rallies’ by these religious leaders are organized to denounce the crime committed largely by individuals from their gender. Of course they can’t come out and condemn such crimes as most of these religious figures are themselves involved in such crimes and the others simply do not bother about the societal problems because their sole responsibility is to strengthen and disseminate their respective sectarian believes through Mosques, Iman bargahs, jammatkhanas and madrassahs. Because, they are very part and parcel of patriarchal society and all the notions of male superiority and domination have given them tremendous advantages in their personal and professional lives.
Nonetheless, it is their moral responsibility to ‘educate’ the masses (particularly males) that how grave a ‘sin’ rape is (and a crime against humanity in both national and international law), that how God has ordered men to ‘lower their eyes’ and guard their modesty. In the common discourse all the notions of modesty and chastity are only confined to women, as if God has given men the ‘freedom’ to do as he pleases. The truth is modesty (sharm-o-haya) is compulsory for both men and women as God has ordained in verse 24:30 ‘Tell the believing men to lower their gaze, and protect their private parts (from illegal sexual acts, etc.). That is purer for them. Verily, Allah is All-Aware of what they do’. Have you ever noticed that most of the time no one talks about this, people only talk about how only women need to veil and act modestly, and if they don’t ‘behave’ this way, it is the God given right to men to sexually harass them.
Sorry to disappoint you, God has not bestowed any such right to men, He has, explicitly, ordered men to guard their chastity, but majority of the men in our society have ‘completely’ forgotten and neglected to safeguard their modesty (Sharm-o-haya). In fact, if society had taught this sharm-o-haya to our men, sexual violence would not have become endemic and gender equality would not have become so hard to achieve. Therefore, if we really want to become a civilized and progressive society we need to inculcate this fundamental principal in our men with the same emphasis, because they are fully accountable and responsible for their actions. It is about time that we change our focus from ‘victim blaming’ (or women blaming) to ‘reeducate’ men in our society. To achieve this, we have to break the cycle of patriarchic values and advocate the absolute inviolability of individual dignity and equality of human beings. Don’t wait for the society to miraculously change, start with the person in the mirror.
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