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NDA government insensitive to atrocities on women and used their safety issue to win election: Jagmati Sangwan

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By Ishan Kukreti

All India Democratic Women’s Association (AIDWA), an autonomous body working towards creating a better society for women to live in, boasts a membership of more than 1 crore.

Jagmati Sangwan, General Secretary AIDWA, is one of the many women in India who have faced gender based discrimination in their daily lives. But she is among the few who have decided to not suffer it with their heads bowed down, their hands folded.

Born and brought up in Haryana, where minister’s and panchayats are notorious for cooking up culinary or sartorial reasons for sexual crimes against women, Sangwan’s journey is nothing less than awe-inspiring. She has undoubtedly inculcated that one trait for which the people of Haryana are famous, courage.

In an hour long afternoon conversation with NewsGram at the AIDWA office in Shadipur, Delhi, Jagmati Sangwan talked about gender discrimination in India, its causes, government’s attitude towards women safety, her life as a female athlete in Haryana and much more. Here are the excerpts from the conversation.

Ishan Kukreti: What is All India Democratic Women’s Association and how did it come into existence?

Jagmati Sangwan: AIDWA was formed in 1981 by those women who had been a part and parcel of the freedom movement like Susheela Goplan, Anila Naglekar, Laxmi Shegal. The slogan “Janwad Samanata Nari Mukti” ( Democracy Equality Emancipation of Women) was raised by them. They felt that the path of development followed by India had not been addressing the issue of women’s equality.

We feel that Indian women are discriminated at three levels. First as citizens, then as part of the exploited class, and then as gender, in the form of dowry etc. So we take up programs on these dimensions. Our main focus is on the women from the weaker sections of the society.

IK: What are the main concerns about the women issues which AIDWA is looking at?

JS: We do awareness work, agitation, counseling and direct intervention of victimized women and policy intervention. These days our major area of intervention is food security. Our aim is strengthening and improving implementation of National Food Security Act and efficient working of PDS. Civic amenities are also a key focus area. We are also organizing our program and protests around efficient implementation of NAREGA. As a lot of women benefit form this scheme. We are also organizing women on the issue of 33% reservation. We also try to address policy issues related to violence against women.

One of the area of struggle has also been honor killing, in northern India in general and Haryana in particular. We have built a strong movement around this. It has become a national issue now. We forced the Haryana government to build protection centers. We will do massive campaigning in collages and schools in the near future to create awareness about the issue.

IK: You have been active in the struggle for women’s equality for long. What do you think are the major causes for such mistreatment of women?

JS: There are structural issues. Women don’t have equal property rights. Moreover, whatever they have in their name is also not under their control. They are discriminated at the level of entitlement. Then, there are unequal social institutions like marriage, dowry around which there is a whole range of traditions, beliefs and values which are against the equality of women. At the policy making level, the women is seen as a dependent individual and not as equal citizens of the country. The mindset is still very patriarchal and a woman is not looked as someone who has equal claim on the resources and the processes of decision making.

AIDWA Office, Shadipur, Delhi. Photograph by Ishan Kukreti
AIDWA Office, Shadipur, Delhi. Photograph by Ishan Kukreti

 

IK: In the light of increasing sexual violence against women, do you think the role of government has been satisfactory?

JS: AIDWA feels that the reason for increasing cases of rape or gang rapes is the insensitivity of the government. The woman organizations had been asking for an improvement in the laws relating to rape for more than 20 years but the government showed no interest. It was only after the Nirbhaya Case and the subsequent agitation, especially by youth, that the government did something.

Even policies which are being framed are not done with the right perspective and the policies which are in place are not being implemented properly. You see, even after creating a Nirbhaya Kosh, not a single rupee had been spent out of that fund, for the last two or three years.

The insensitivity was the same during the UPA government and its the same during this NDA government. The current government who said things like “Bhaut hua nari par atyachar, ab lao Modi sarkar” has completely used the issue of women safety and security to come gain power.

The UPA government said that it will create a One Stop Crisis Center at every district, but now the NDA government has decided that just one is enough in each state.

IK: Do you feel that the is a difference between the discrimination faced by a women in urban India and one in the rural?

JS: The placement of rural women make them more vulnerable to all kinds of violence. The infrastructure to provide protection and serve justice to the offenders is not available to these women. As compared to a woman in rural India, an urban Indian woman is comparatively well placed. She has some structures at her disposal where they can file their complaints, like police stations, NGOs, civil society organizations etc.

IK: You belong to Haryana were ministers and Khaps say all sorts of things about violence against women, why do you think this is so?

JS: Haryana is a paradox, in the sense that it is a state which is economically better off than most north Indian states, but socially it is the most backward. The sex ratio in Haryana is a shame to humanity, cases of domestic violence and rape are rife. I feel this is due to the political leadership of Haryana which has a very patriarchal mindset. For example, the Haryana government tried to abolish the Parental Property right twice. I don’t think any other state government has tried to do such a thing. Moreover, there aren’t many women in the political parties and government machinery in Haryana. Also, there has not been a social reform movement in the state which could improve the situation.

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IK: How did you get associated with the feminist cause?

JS: I was an athlete, a volleyball player, in a village near Sonipat. And many of my friends, who were more talented at the game than me, had to quit because of societal pressure. They were married off after their 12th exams. I was lucky because of Arya Samaj’s influence on my family and also because I made it to a sports college in Haryana which provided lodging facility.

When I went abroad to represent India, I saw that the techniques employed by the top teams there were those which my village friends had mastery over. This thing touched me at a very deep level and I decided to join the cause of improving and providing equal opportunities to women.

 

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Women’s sports coverage encounters subtle sexism: Study

It has been found that 95 percent of anchors, co-anchors and analysts, analysing the sports coverage were male

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Women's sports and the surrounding sexism
Women's sports. Pixabay
  • A subtler sexism frames the TV broadcasts of women in sports, according to a recent study
  • L.A.-based network affiliates devote only 3.2 percent of airtime to women’s sports on news broadcasts
  • The researchers have been constant in updating their findings roughly every five years

Washington D.C. [USA], Sep 19, 2017: A recent study stated that a subtler sexism has now made it to the Newsrooms framing the TV broadcast of women in sports.

The ongoing, decades-long study by the University of Southern California researchers suggests, that even if the mainstream broadcast coverage now treats the sports played by women a little more seriously, a major part of it, mostly respectful coverage still has to face the relegation to the sideline.

Only 3.2 percent of airtime, according to the research team, was devoted to women’s sports on news broadcasts, by the L.A.-based network affiliates, witnessing a degradation of 5 percent from 1989, which was the first year of the study. ESPN’s SportsCenter, on the other hand, only stands worse, devoting 2 percent of the airtime to women’s sports, same as it was in 1999 when the study began tracking the show.

“When compared to the start of the study, women used to be framed in ways that were overtly sexist. Now the sexism is subtler,” said lead author Michela Musto. “It seems at first that it’s respectful, but if you compare the framing with men’s sports, women are talked about in a much more boring way. There is no joking or complimenting. Those kinds of descriptors are missing from women’s sports.”

The researchers have been constant in updating their findings roughly every five years, in 1993, 1999, 2004, 2009 and 2014, to be exact. It has been planned to start the research later this year, for it to be updated in 2018.

The researchers, in a manner similar to the previous cycles of the study, analyzed three two-week segments of TV sports news coverage on three Los Angeles network affiliates, and on ESPN’s SportsCenter. The coverage was then coded across 20 distinct categories, which included gender, segment length, type of sport, competitive level of sport, and production value.

Much of the disparity may owe to the little airtime devoted to each individual woman’s story on SportsCenter. Sports stories revolving around women averaged 77 seconds, approximately 50 percent shorter than men’s stories, however, better than the 44 seconds allotted to them on local affiliates.

The overall respectful coverage may be the advancement from the time when Morganna the Kissing Bandit was one of the few women featured on the local sports report. But the refined tone of this coverage carried a brand of chauvinism, of it own. The researchers gave it the name “gender bland”, a programming that confronts the treatment of a mandatory “set aside.”

In “gender-bland” programming, the athletic achievements of women are depicted as “lackluster” and “uninspired.” That is, unless they approve to the image of caring teammates or partners and spouses, for instance, the 2016 Olympic trap-shooter medalist Corey Cogdell-Unrein’s portrayal in mainstream media as “the wife of a Chicago Bears linebacker.”

Also readWhere Girls and Women are missing out in Sports? Or is it simple Gender Discrimination

A surge of female athletes since the 1970s, when Title IX, which prohibited discrimination based on gender in education for athletics became a law, makes the sparse coverage of women’s sports out of step, the researchers noted.

Around 3.1 million girls participate in high school sports today, compared to 4.4 million boys; in a stark contrast to the situation 45 years ago, when only 294,000 girls played sports in high school, and less than 39,000 played in college.

There are but few women in sports media industry that may play a role in influencing the coverage decisions, noted the researchers. It has been found that 95 percent of anchors, co-anchors and analysts analysing the sports coverage were male. The data shows resemblance to the other findings stating that 90.1 percent of sports print editors happen to be male.

If a woman in the sports broadcast industry happens to scale heights, as the case of Samantha Ponder, a sideline reporter who replaced Chris Berman as host of ESPN’s featured NFL program, Sunday NFL Countdown, this August, it still makes big news.

“I do believe that part of the move toward greater respect and equity for women’s sports in the media will involve getting more women into newspaper sports desks, radio and TV commentary,” said senior author Michael Messner.

“However, I also think that employers, when they hire new people, should seek to hire reporters and commentators — women or men — who really care about women’s sports, who can and will express genuine enthusiasm, rather than gender-bland sexism, when they report on women’s sports,” he added.

The study has been published in the journal Gender & Society.

prepared by Samiksha Goel of NewsGram. Twitter @goel_samiksha

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What Gives Husbands The Licence to Rape? Decoding Marital Rape in the Indian Legal Scenario

Can there be two different definitions of rape? Can there be a differentiation between the rape of a married woman and the rape of an unmarried woman?

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While most of the developed world has penalized marital rape, surprisingly it is yet to be categorized as an offence in India. Pixabay
  • Cases of sexual violence, including rape, fall within the larger realm of domestic violence
  • Marital rape is yet to be categorized as a criminal offence in India
  • According to the central government, criminalizing marital rape “may destabilize the institution of marriage”

New Delhi, September 2, 2017 : Baby works as a domestic help; she says she cannot recall her age when her parents married her off to a man who was much older to her; a man she barely knew. She didn’t anticipate her husband would demand to have intercourse on their wedding night. She was still young and not ready, but that didn’t stop him. Baby was raped by her husband on her wedding night. But marital rape means nothing to her.

Sunita irons clothes for a living. She says has been married for more years than she can remember. The duo has four kids together, but that doesn’t stop her husband from raising a hand or two on her, every once in a while. Every night, her husband would get drunk, hit her and forcefully demand to have sex, paying no heed to her resistance. Sunita has three daughters, and a son, and the husband still wants to have progenies. “I told my mother that this man has raped me multiple times. She protested, arguing that he is ‘your husband’ after all,” she said.

But did she never decide to approach the authorities?

To this, Sunita promptly replied, “I once had a sore eye after he (the husband) hit me with his shoe when I refused to have sex. I went to the local hospital and then the police. I narrated the entire scene; they were very considerate, offered me water and then asked me to go home and ‘adjust’.”

Sunita is unaware of a term called ‘marital rape’.

This is the reality of a huge part of the society in real India.

Like Baby and Sunita, women who suffer such indignities are often asked to “adjust” with perpetrators of violence because of a deep –embedded fear of what the society would say. This notion of an ‘ideal woman’ impedes women to object to illicit treatment meted out by their ‘better halves’.

The debate around the issue has become ripe once again with the Central Government stating that what “may appear to be marital rape” to a wife “may not appear so to others”. In an affidavit to the Delhi High Court, the central government took a stand against criminalizing marital rape saying that it “may destabilize the institution of marriage” and also become easy tool for harass the husbands and the in-laws.

Rape v/s Marital Rape

Rape is defined in Section 375 of the Indian Penal Code, but with an irregularity: “Sexual intercourse or sexual acts by a man with his own wife, the wife not being under fifteen years of age, is not rape.”

While rape is addressed as perforation without a woman’s accord in its main clause, the only remedy to forced intercourse provided to ‘married’ woman is specified under Section 498-A of the IPC and the civil provisions of the Protection of Women from Domestiic Violence Act.

Following the horrific 2012 Nirbhaya rape case that brought the entire world to a standstill, the Indian media has given paramount coverage to instances of rape across the country. But even after 5 years of the gut-wrenching incident, there seems no end to this crime.

ALSO READ The Hardships of Sexuality: Marital rape, violence and humiliation

Cases of sexual violence, including rape, fall within the larger realm of domestic violence. However, rape by husbands within holy matrimony continues to remain an obscure subject in India and the exact number of cases is hard to gauge.

According to a 2015 report by National Crime Record Bureau (NCRB) tracing the proximity of offenders to the victims of sexual violence, it was revealed that in 95 per cent of all rapes, the offenders were familiar to the survivors. These, presumably include acquaintances, friends, relatives and colleagues.

And what about rape committed by husbands?

These cases continue to be an under-reported crime in India. This can be attributed to two major reasons,

  • Because of the stigma associated with it
  • Because of the presence of a defunct justice system

Furthermore, more often than not, these cases go missing because of several additional (and unnecessary) barriers stemming from a combination of familial and/or social power structures, shame and dependency.

Marital Rape In India

While most of the developed world has penalized marital rape, surprisingly it is yet to be categorized as an offence in India.

A United Nations’ report titled ‘Why do some men use violence against women and how can we prevent it?’ published in 2013 disclosed that nearly a quarter of 10,000 men  in Asia-Pacific region, including India, admitted to have indulged in the rape of a female partner. The report traced their rationale to a deep-embedded belief that they are entitled to sex despite the consent of their partners.

The study also revealed that the majority of these instances were not reported and the perpetrators faced no legal consequences.

In 2014, United Nations Population Fund (UNFPA), in association with International Centre for Research on Women (ICRW) brought out a report titled ‘Masculinity, Intimate Partner Violence and Son Preference in India’. Among other things, the report analyzed the average Indian male’s understanding and interpretation of the idea of ‘masculinity’ and how that molds their interactions with women.

Not surprisingly, the study revealed that a typical man in the Indian society associated the attributes ‘tough’, and ‘controlling’ with masculinity.

Segments of the present day Indian society continue to look at men as tough forces, who can (must) freely exercise their privilege to establish rule in personal relationships and above all, continue to control women.

Additionally, the study also revealed that 60 per cent of the Indian men disclosed the use of physical violence to establish authority.

In India, stiff patriarchal norms continue to tilt the gender balance firmly in the favor of men, as a result of which, women are forced to internalize male dominance in their lives.

Marital Rape in India : A Legal Perspective

Section 375 essentially distinguishes between two categories of women

  • Married women
  • Unmarried women

Much to the Indian society’s disappointment, the Indian legal system denies protection from rape to the married woman. This creates discrimination as the women belonging to one section are denied justice merely by virtue of being married.

But can there be two different definitions of rape? Can there be a differentiation between the rape of a married woman and the rape of an unmarried woman? Is it justified to discriminate a woman just because she is married to the man who has raped her?

The Debate Around Marital Rape In India

Despite the piquant situation, the issue raised furor when Minister of State for Home, Haribhai Parathibhai Chaudhary told the Parliament that the question of criminalizing marital rape in India has no relevance “as marriage is treated as sacred here.”

Does marriage being a sacrament provide one with the legal right to rape a woman?

South Asia director at Human Rights Watch Meenakshi Ganguly had retaliated saying that it is particularly concerning when a government that claims to secure the safety of women inside and outside national territory shamelessly turn to justify a crime in the name of culture and tradition.

Group director of social and economic development at the International Centre for Research on Women (ICRW) Priya Nanda asserted in an interview with a leading portal that “the reason men don’t want to criminalize marital rape is because they don’t want to give a woman the power to say no.”

In 2013, a three-member commission headed by Justice J.S. Verma suggested remedial measures to combat sexual violence in India, following the 2012 Nirbhaya rape case. One of its recommendations was the criminalization of marital rape.

ALSO READ Reasons Why Marital Rape Should Be Recognised as a Criminal Offence

The recommendation was ignored by the government as a large amount of people questioned its efficiency saying if made a crime,

  • It might be misused by people
  • It will be difficult to prove
  • It might break up marriages

But, how fair is it to not have a law against marital rape, only because of the reason that it is ‘difficult to prove’?

In a broader understanding, it needs to be understood that the criminalization of marital rape must not be viewed as a step against men or the institution of matrimony, but as an attempt to demolish the patriarchal system that continues to clutch the Indian society.


 

NewsGram is a Chicago-based non-profit media organization. We depend upon support from our readers to maintain our objective reporting. Show your support by Donating to NewsGram. Donations to NewsGram are tax-exempt.
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Why Does 45th Chief Justice of India Dipak Misra Need ‘Z’-Category Security of Armed NSG Commandos?

Jjustice Depak Misra, who had been recommended as a successor by Justice J.S Khehar in July, becomes the 45th Chief Justice of India and was administered the oath of office by President Ram Nath Kovind.

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Chief Justice of India.
The swearing in ceremony of Justice Dipak Misra as the 45th Chief Justice of India. Twitter
  • Justice Dipak Misra was sworn in as the 45th Chief Justice of India
  • His tenure will span for the next 14 months until his retirement in October 2018
  • Justice Misra is the only CJI to have armed protection of black commandos

New Delhi, August 29, 2017: The Chief Justice of India (CJI) J.S Khehar demitted office on August 27. The next in line was Justice Dipak Misra, who was sworn in on August 28 as the 45th Chief Justice of India at a ceremony held at the Darbar Hall of the Rashtrapati Bhawan.

President Ram Nath Kovind administered the oath taking ceremony of Misra, who had been recommended as a successor by Justice J.S Khehar in July this year.

In his career spanning 40 years, Justice Dipak Misra ventured into most realms of the law- civil, criminal, constitutional, revenue services and matters concerning sales tax, proving his grit to take over the new position. But that is not the only intriguing aspect of his career.

Justice Deepak Misra is the first ever Chief Justice of India to have a ‘Z’-category security cover.

The 45th CJI was provided with an upgraded security cover in 2015 after he had received a death-threat letter from terrorist organizations.

Why Would A Supreme Court Judge Need Security Cover?

On July 30, 2015, Justice-Misra headed the three-judge bench in a hearing when Yakub Memon, convicted in the 1993 Mumbai serial blasts, pleaded for a 14 days’ stay on his death penalty just hours before he was to be hanged. The pleas were starkly dismissed in an incomparable 2:30 am hearing and the judgment went on to become a landmark in the Indian legal history.

However, shortly after the hearing, an anonymous letter enclosed in an envelope threatening Misra of dreadful consequences was delivered at his official residence following which he was provided with a ‘Z’ security cover which remains till date.

ALSO READ: Threat letter to judge who rejected Memon’s mercy plea

A protectee under ‘Z’ category gets security cover from armed commandos of the National Security Guards (NSG) along with an escort vehicle and a pilot vehicle, each having three armed personnel, for the protection of his official vehicle.

Today, Justice Misra is the only top judge to ever use a bullet-proof ambassador car supplemented with a police escort.

Chief Justice of India
CJI Dipak Misra, seen here with Vice President Venkaiah Naidu, President Ram Nath Kovind and PM Narendra Modi. Twitter

However, death threats never stalled the 63-year old Justice Dipak Misra from taking monumental judgments and he has been at the forefront of some of the landmark judgments in the recent history. We take a look at the highlights from his career,

1. In May 2017, Justice Misra doctored the long-awaited landmark ruling and confirmed death penalty of the four convicts in the monstrous 2012 Nirbhaya gang rape that shook the entire world.

2. Justice Dipak Misra also headed the bench that mandated to play the National Anthem in cinema houses before the start of every movie for which he received a lot of flak. He also ordered for the viewers to stand up in “committed patriotism and nationalism” every time the National Anthem and/or the National Flag are featured in the theatres.

3. One of the most noteworthy decisions by Justice Misra include directing all State and Union Territories to upload all FIRs registered on their websites within 24 hours of registration at the police station. The move has made the entire process transparent, allowing the accused to download complaints and seek redressal of their grievances.

4. Justice Misra was also one of the seven judges of the special bench set up by the Supreme Court for a contempt of court hearing against Justice C.A Karman who had levied corruption charged on 20 judges of the High Court. The bench defended the constitutionality of the 150-year old law on criminal defamation and sentenced Karnan to six months in jail.

5. In 2015, a Justice Misra-led bench stayed the Maharashtra government’s ban on dance bars that had mushroomed in Mumbai and other parts of the state during the 90s. However, it maintained that the government must take steps to protect and uphold the dignity of women who performed at these bars.

6. Justice Misra is also known for his strict stand against frivolous litigations. He previously rejected one such appeal that had objected to the use of the term ‘Dhobi Ghat’ in a film’s title and had warned the petitioner.

7. He was also part of the bench that rejected the Uttar Pradesh government’s decision to allow for reservations in promotions and asserted that this can only be allowed if there is sufficient supportive data and evidence to justify the decision.

8. Holding chair as the executive chairperson of the National Legal Services Authority, Justice Misra introduced the facility of Legal Assistance Establishment or Nyay Sanyog in states to simplify activities to provide free and faster legal aid to the deprived people.

9. Justice Misra also headed the three-judge bench that instructed the Centre in April 2017 to conduct NEET examination in Urdu from academic year 2018-2019 onwards. NEET examinations are held for students who wish to pursue a graduate medical course or a post-graduate medical course in private or government colleges.

Justice Dipak Misra’s tenure as the 45th Chief Justice of India will span for the next 14 months until he retires in October 2018 and is expected to see judgments in some high-magnitude issues like the validity of the Aadhaar card, the special status accorded to Jammu and Kashmir and the Ayodhya land dispute.


NewsGram is a Chicago-based non-profit media organization. We depend upon support from our readers to maintain our objective reporting. Show your support by Donating to NewsGram. Donations to NewsGram are tax-exempt.
Click here- www.newsgram.com/donate