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The legal loopholes that have allowed Catholic bishops to escape sanction when they cover up clergy sex abuse cases may be closing.
Two U.S. cardinals have confirmed that the Vatican is working on a “clarification” to a 2016 law that was supposed to hold bishops and religious superiors accountable when they fail to protect their flocks, but it never really did.
Cardinal Sean O’Malley of Boston told a press conference Friday during Pope Francis’ sex abuse prevention summit that he had been guaranteed that the new document would “come out very soon.” Chicago Cardinal Blase Cupich said the document would standardize procedures within the various Vatican offices to investigate bishops and order their removal.
The new document would further clarify the law Francis issued in 2016, entitled “As a Loving Mother,” which he passed instead of creating a special tribunal section inside the Vatican’s Congregation for the Doctrine of the Faith to handle abuse of office cases.
Cupich said the law had been applied in “recent cases,” but the Vatican has provided no information about how it has been implemented or how many bishops have been sanctioned as a result of it.
Bishops, religious superiors got a pass
For decades, the Vatican has been criticized by abuse victims and their advocates for having turned a blind eye to the bishops and religious superiors who failed to punish sexual predators in the priesthood. While the Vatican began cracking down on the abusers themselves under Pope Benedict XVI, the superiors who enabled the crimes and allowed abusers to continue raping children largely got a pass.
Acting on a proposal from his sex abuse advisory commission, Francis and his group of cardinal advisers agreed in 2015 to create a tribunal section within the Congregation for the Doctrine of the Faith to prosecute bishops and superiors when they botched cases. A press statement issued at the time said the pope had pledged to provide the new office with adequate staffing and resources.
But the tribunal posed a host of legal and bureaucratic issues and ran into opposition from bishops and the Vatican bureaucracy. The congregation, which handles sex abuse cases, apparently was never consulted about the feasibility of creating such a tribunal before it was announced to the press to great fanfare.
A year later, Francis issued “As a Loving Mother” that made no mention of a tribunal but merely reminded the four Vatican offices that handle bishop issues that they were also responsible for investigating and punishing negligence cases. It made clear that a negligent act or omission on handling an abuse allegation was grounds for dismissal.
Lack of tribunal good, prosecutor says
The Vatican’s longtime sex crimes prosecutor, Archbishop Charles Scicluna, told reporters Friday that under the 2016 law, it was actually easier to remove a negligent bishop than if he were subject to a canonical trial in a tribunal where the bishop’s intent would have to be proved.
The 2016 law “looks at the objective state of the (bishops’) incapacity” to govern, whereas a tribunal would have required proof that an actual law had been broken, Scicluna said. The 2016 legislation benefits those who are claiming negligence by a bishop because “they only have to denounce an objective fact: that nothing was done,” Scicluna said.
O’Malley, who heads a commission that first proposed the tribunal, said the issue of holding bishops accountable was “uppermost in our minds right now.”
“Right now the Holy See is working on, preparing a clarification of the implementation that will come out very soon, I am guaranteed,” he said.
Cupich, for his part, dedicated his speech to Francis’ abuse summit to how such investigations against bishops might be reported to the Vatican and then carried out once the Vatican has authorized an investigation. His proposal called for the metropolitan bishop, who has authority over other bishops in a particular geographic region, to conduct the investigation, using the help of lay experts.
“What I present here is a framework for constructing new legal structures of accountability in the church,” Cupich said, in a speech that implied that such structures are very much in the works at the Holy See.
Speakers at Francis’ summit have proposed other changes to canon law as well to ensure accountability and fairness to victims and accused priests alike.
Linda Ghisoni, an Italian canon lawyer and undersecretary at the Vatican’s laity office, said the Holy See should change its laws concerning the “pontifical secret,” the confidentiality regulations that govern how sex abuse cases are handled internally.
Victims for years have denounced the high level of secrecy, which often prevents them from learning the outcomes or progress of their cases. Accused priests, too, have complained how they are kept in the dark about the details of their cases.
Ghisoni told the summit that a degree of confidentiality must be retained to guarantee the dignity and reputations of all involved. But she said the secrecy regulations “should allow for the development of a climate of greater transparency and trust.” (VOA)
"In India, to be born as a man is a crime, to question a woman is an atrocious crime, and this all because of those women who keep suppressing men in the name of feminism."
Feminism, a worldwide movement that started to establish, define and defend equal rights for women in all sections- economically, politically, and socially. India, being a patriarchal society gives a gender advantage to the men in the society thus, Indian feminists sought to fight against the culture-specific issue for women in India. Feminism itself is nothing but a simple movement that pursues equal rights for women (including transwomen) and against misogyny both external and internal. It states nowhere that women should get more wages than men, that women deserve more respect than men, that's pseudo-feminism.
Pseudo feminists state that women deserve more respect and rights, any other gender deserves no respect. They feel that women should be the ones ruling the world and at higher positions. When feminism takes a turn for extremities it becomes pseudo-feminism and people who label themselves as feminists will bash anyone who speaks against even the wrongdoings of a woman. They'll bash women who're wife and sisters for not speaking up and support any women criticizing political leaders even if it's completely irrational. This is where hypocrisy and pseudo-feminism merge with each other.
They take advantage of the rights given to women to protect themselves to threaten other genders. The rights given to women are supposed to make them feel reassured that they can reach out to the judiciary if their rights are being hampered not to threaten to make the victim sound like the culprit.
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Indian Feminist Movement has made significant progress however, even in the modern world women are still unsafe and are discriminated against when it comes to getting a job, land ownership, and access to education. While filling the official papers it is still asked "Wife of /Daughter of:….."
People in India still continue the practice of sex-selective abortion, abandoning the girl child, not letting girl child study instead they should learn household chores, they are seen as a burden to the family. Such injustices make feminism such an important movement, gender equality is worth fighting for to create a safe environment for women. Feminists over the years have been criticized for focusing on the rights of privileged women and not giving equal representation to poorer and lower caste women, which has led to separate caste-specific feminist organizations and movements.
Some notable milestones in the Feminist Movement
- Raja Ram Mohan Roy campaigned against Sati Pratha (practice in which a widow sacrificed herself by sitting atop her deceased husband's funeral pyre) and child marriage
- Savitribai Phule started the first school for girls at Bhidewada in Pune city in 1848.
- In 1972, SEWA, the biggest trade union for women was set up by Ela Bhatt for women working in the informal sector.
- The Chipko Movement was launched and led by women in 1973.
- #MeToo movement against sexual harassment and abuse was started in 2006 and revived in the year 2015.
People in India still continue the practice of sex-selective abortion, abandoning the girl child, not letting girl child study instead they should learn household chores, they are seen as a burden to the family.Unsplash
Feminism is often misunderstood as pseudo-feminism and hence, becomes the target for public hatred and is accused of wronging other genders under the façade of feminism. It is misunderstood by Indians as female domination instead of gender equality. Indian society and Indian feminists believe that only men are perpetrators of a heinous crime like rape and they refuse to even recognize the men who say they were raped and it's the toxic masculinity in the society that believes how can a woman rape a man? Reality is different from what we believe, women can be the perpetrator too, women threaten to file a case of domestic violence, or sexual assault against innocent people just to fulfill their ego.
Thankfully feminism and pseudo feminism are two separate concepts and feminism is just about equality and not judgment. Indian society and feminists actually need to understand the difference between the two and stop tarnishing the Feminist Movement as a whole.
Keywords: Feminism, World, India, Pseudo-Feminism, Gender
Kerala is a land of many good things. It has an abundance of nature, culture, art, and food. It is also a place of legend and myth, and is known for its popular folklore, the legend of Yakshi. This is not a popular tale outside the state, but it is common knowledge for travellers, especially those who fare through forests at night.
The legend of the yakshi is believed to be India's equivalent of the Romanian Dracula, except of course, the Yakshi is a female. Many Malayalis believe that the Yakshi wears a white saree and had long hair. She has a particular fragrance, which is believed to be the fragrance of the Indian devil-tree flowers. She seduces travellers with her beauty, and kills them brutally.
Yakshi idol in Veroor, Sri Dharamashastha temple Image source: wikimedia commons
The Yakshi is believed to live in a palm tree which can appear like a palace. Victims are taken here before they are killed. Travellers on highways are often advised not to stop near heavily forested areas, or speak to anyone who closely resembles a Yakshi. Some believe she can change form, while other hold to the belief that she doesn't. after securing her victim, the only trace left behind is body parts like hair, nails, and teeth.
They say, like other ghosts, a Yakshi's feet will not touch the ground. This is something to look out for. Mysterious deaths have been reported across the rural areas in Kerala, and all these have been attributed to the legend.
Keywords: Legends, Yakshi, Urban legend, Ghost, Kerala, Myth, Vampire
The LGBTQ+ acronym stands for Lesbian, Gay, Bisexual, Transgender, Queer, and others. In India LGBTQ+ community also include a specific social group, part religious cult, and part caste: the Hijras. They are culturally defined either as "neither men nor women" or as men who become women by adopting women's dress and behavior. Section 377 of the India Penal code that criminalized all sexual acts "against the order of nature" i.e. engaging in oral sex or anal sex along with other homosexual activities were against the law, ripping homosexual people off of their basic human rights. Thus, the Indian Supreme Court ruled a portion of Section 377 unconstitutional on 6th September 2018.
But the question is, "was India always against homosexuality"? Has the concept of homosexuality being unnatural existed forever? No, in Indian history and Hinduism homosexuality has never been an offense, in fact in several instances it has been depicted how people embraced their identity, be it sexual identity or gender identity. Section 377 was brought to India by the British in 1862, while India was colonized. Even after the Independence, it was only in 2018 that the Supreme Court ruled it as irrational and illogical.
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Homosexuality in Ancient India
When Supreme Court decriminalized homosexuality in India, there was an uproar about it being a western ideology and liberalism. But in reality, homosexuality has existed since the time of the Vedas. The Gay and Lesbian Vaishnava Association (GALVA) researched and discovered that it was around 3102 B.C. (during the Vedic Age) that homosexuality or non-normative sexual identity was recognized as "Tritiya Prakriti", or the third nature. Ancient India not only made mentions of homosexuality but accepted it as well.
Hinduism is the most vastly followed religion in India. Hinduism does not explicitly mention homosexuality however it does contain a homosexual theme and characters in its text. There have been various instances in our scriptures and texts that have introduced us to LGBT+ characters such as the androgynous form of Shiva and Parvati Ardhanariswara meaning "the half-female lord". One of the most popular and ancient texts on sexuality, eroticism, and emotional fulfillment of life, "Kamasutra" has a complete chapter dedicated to homosexuality and homosexual sex. Numerous Hindu sculptures and temples have statues depicting homosexual activities.
Numerous Hindu sculptures and temples have statues depicting homosexual activities. Facebook
Our Mughals were Queer
Mughals are often seen under the light of cruelty, rigid ethics, nobility, and polygamy. Simultaneously, Mughals are also the ones credited for the emergence of Sufism, abolished jizya tax, love beyond religion, classes, and gender.
In the Baburnama written in memoirs of our very first Mughal ruler Muhammad Babur, several instances documented Babur's infatuation and affection towards a teenage boy named Baburi. We also have multiple Persian couplets as evidence of Babur's affection for Baburi. Mughals engaged in homosexuality and pederasty, and they believed that later was a form of "pure love".
But as time passed homosexuality was suppressed more and more though people practiced it in secret if revealed they were punished. According to the Fatwa-e-Alamgiri Sharia-based text of the Mughal Empire, there is a common set of punishments for homosexuality, which could include 50 lashes for a slave, 100 for a free infidel, or death by stoning for a Muslim.
British Raj and Independence of India
In 1862, Section 377 of the Indian Penal Code that criminalized homosexual sex came into force. Even after Independence in 1947, the section remained a part of the Indian Constitution. There were protests all over the country to give people of the LGBT+ community basic human rights but it was not until 2018 that The Supreme Court of India ruled the portion of Section 377 has unconstitutional and struck it off. One judge said the landmark decision would "pave the way for a better future.". With Section 377 gone are LGBT+ people allowed to fall in love freely? No, people are still afraid to love because of the stigma in our society when it comes to homosexuality; they are seen as lesser humans.
ALSO READ: Significant Support for Rights for LGBTQ+
Although the Supreme Court has decriminalized homosexual activities, same-sex marriage remains illegal in the country. Homophobia is still prevalent in India, and homosexual children would rather commit suicide than come out to society with their true identity, that's how harsh of a world we live in. Lacking support from family, society, or police, many gay rape victims do not report the crimes. In 1977, writer and Indian mathematician Shakuntla Devi published "The World of Homosexuals". It was the first study in the Indian context; the book contains interviews with homosexual men set in the years of Emergency. She wrote, "rather than pretending that homosexuals don't exist it is time we face the facts squarely in the eye and find room for homosexual people." We've had small victories in our fight against homophobia and getting LGBT+ community the rights they deserve as humans, but we still have a long and exhausting fight ahead of us.