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Striking workers should not obstruct MCD employees: HC

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www.livelaw.in

New Delhi:  The Delhi High Court on Wednesday asked city police commissioner to ensure that municipal corporation employees are not obstructed by the striking sanitation workers from lifting garbage from roads in the national capital.

A division bench of Chief Justice G Rohini and Justice Jayant Nath in an interim order restrained the associations of safai karmacharis (sanitation workers) unions from obstructing removal of garbage.

It also issued notice to Delhi Police Commissioner and sought its response by January 8, 2016.

The East Delhi Municipal Corporation (EDMC) filed an application seeking direction to the safai karamchaaris working under them to comply with the court’s earlier order.

It told the court that EDMC is again facing obstruction in lifting the garbage from the areas within its jurisdiction due to the strike and agitation by the safai karamchaaris including the joint forum of unions.

In its earlier orders had directed sanitation workers not to obstruct to the removal of garbage, after they went on strike due to non payment of salaries.

(IANS)

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PM Modi in Varanasi: Sanitation is worship, Cleanliness Is a Way to Serve the Poor

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The Prime Minister, Shri Narendra Modi addresses the gathering, at Shahanshahpur, Varanasi Varanasi, Uttar Pradesh on September 23, 2017.

Varanasi, Sep 23 :  Prime Minister Narendra Modi, while addressing a public gathering in Varanasi said that sanitation is worship for him, as it can rid the poor of various diseases.

The gathering was largely attended by people on the second day of his Varanasi visit. Modi visited, Shahanshahpur a village of his Lok Sabha constituency. Where he laid the foundation stone of a public toilet in the area.

“That is because sanitation is also a kind of worship for me. It will rid the poor of my country of various diseases and the economic burden due to those diseases that result from dirty surroundings,” he said while addressing people there.

He said while no one likes garbage, everyone in India shies away from the responsibility of keeping their surroundings clean.

“It is the responsibility of every citizen and every family to keep their surroundings clean so we are able to build clean villages, clean cities and a clean nation,” Modi said.

The Prime Minister urged people to take one resolution each, to improve the nation by 2022. The year will also mark the 75 years of independence.

“In the coming five years, we have to be committed towards that resolution. If 125 crore people take one resolution each and live up to it, then the nation would move 125 crore steps forward in the next five years,” he said.

(IANS)

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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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Marital rape
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.


 

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Movie ‘Toilet: Ek Prem Katha’ is an Effort by Bollywood Filmmakers to End Problem of Open Defecation

Toilet, a Love Story is the tale of a bicycle shop owner’s struggle to build a toilet for his wife, who abandons him because she refuses to go into the fields like other women in the village

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Toilet: Ek Prem Katha
The Bollywood film, "Toilet: A love story" hopes to trigger change in sanitation habits in a country where open defecation in villages is common and considered healthy by many. VOA
  • Bollywood film turns the spotlight on open defecation in the country
  • The theme has resonance in a country where half the 1.3 billion people defecate in the open
  • The film highlights how women, faces covered, venture into fields before sunrise under cover of darkness

New Delhi, Aug 24, 2017: India’s glitzy Bollywood movies and toilets have little in common, but they came together in a recent film that turns the spotlight on one of the most unglamorous challenges the country is tackling — open defecation.

Starring a top hero, Akshay Kumar, Toilet, a Love Story is the tale of a bicycle shop owner’s struggle to build a toilet for his wife, who abandons him because she refuses to go into the fields like other women in the village.

It is inspired by the true story of a woman in central India who walked out on her husband because there was no toilet in the house.

The theme has resonance in a country where half the 1.3 billion people defecate in the open, exposing them, particularly women and children, to diseases.

Indian schoolchildren participate in a rally to mark World Toilet Day in Hyderabad, India, Nov.19, 2014. India is considered to have the world’s worst sanitation record despite spending some $3 billion since 1986 on sanitation programs, according to government figures. VOA

Prime Minister Narendra Modi’s government is racing to build millions of toilets to meet its pledge to end open defecation by 2019. But as it turns out, the problem is not just about access to latrines, but changing behavior in a society where many people consider this a healthy practice.

Resistance to latrines

“People associate it with Ayurveda (a traditional system of medicine and health), you get a morning walk, you get fresh air, all kinds of reasoning which they come up with,” said Nikhil Srivastav, research director at the Research Institute for Compassionate Economics in New Delhi.

Campaigners point out that statistics on the latrines constructed in thousands of villages are meaningless because barely half are being used.

Starring one of India's box office heroes, Akshay Kumar, the film tells the story of a bicycle shop owner's efforts to overcome his father's resistance to building a toilet in the house after his wife walks out on him because she refuses to go into the fields to defecate.
Starring one of India’s box office heroes, Akshay Kumar, the film tells the story of a bicycle shop owner’s efforts to overcome his father’s resistance to building a toilet in the house after his wife walks out on him because she refuses to go into the fields to defecate. VOA

The widespread cultural resistance to latrine use in rural India is also born out of beliefs that pit latrines are impure and polluting, and that you cannot have a toilet under the same roof as the kitchen.

Bollywood’s influence

The film addresses some of those problems as the protagonist meets with powerful opposition when he constructs a toilet in the house because his infuriated father, an upper caste Hindu, believes it violates age-old tradition.

Can the film help by sparking a conversation around sanitation, especially in rural India? Bollywood after all is one of the country’s major influencers.

Also Read: UN Gives a Thumbs-Up to Movie ‘Toilet-Ek Prem Katha’, Appreciates Stars for Addressing Health And Pollution Issue Through Film

“The fact that someone is willing to put their money and make a movie about it, I say great. If it is going to trigger off 50,000 people, who started to think differently about the issue, it has value,” said V.K Madhavan, who heads WaterAid India.

The issue is emerging as an important one: Last week a woman in Rajasthan state was granted a divorce after judges ruled that her husband’s failure to build a toilet at home amounted to “physical cruelty” as she had to wait until dusk before going into the fields.

The film highlights how women, faces covered, venture into fields before sunrise under cover of darkness.

Caste system and old habits

Another stumbling block in the campaign to popularize toilets is India’s centuries-old caste system, in which only lower castes are supposed to clean toilets. Many villagers are rejecting the basic latrines being built because the pits would have to be emptied manually once every few years, a task the aspirational lower castes are no longer willing to do and which others also shun.

“So often these latrines get taken away, broken down, used for storing cow dung cakes or other things,” Srivastav said.

An Indian woman walks in a field after relieving herself in the open, on World Toilet Day on the outskirts of Jammu, India, Nov. 19, 2014. Some villages have public bathrooms, but many women avoid using them because they are usually in disrepair and men hang around and harass women. VOA

Toilet Anthem, released by filmmakers to promote the cause of sanitation, underlines the paradox of a country where vast progress in areas such as space and technology and an aspirational middle class stand in stark contrast with deeply rooted traditional beliefs across thousands of villages.

“While mankind has progressed far enough to journey to Mars and scale Mount Everest, 54 percent of India defecates in the open,” goes the anthem.

Sanitation experts however stress that the battle will have to be won softly and warn that some cases of zealous officials coercing people to use newly constructed latrines to meet India’s target of ending open defecation may be counterproductive.

“If you have to deal with [the] cultural nuances around it, deal with old habits, you need to get feet on the ground to be able to talk to people, convince them gradually over a period of time. It does not happen overnight,” Madhavan said.

Prime Minister Modi has praised the film as a “good effort to further the message of cleanliness.”

Whether it will actually have any impact remains to be seen, but campaigners are digging their heels in for a drawn-out effort. (VOA)