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Even Padman Cannot Save These Women From The Practice of Chhaupadi

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Hats-off to the Padman team for bringing up the sensitive issue of menstruation in India. I always thought periods was a word more dangerous than “Lord Voldemort” and those who dare to speak about it, open pandora’s box. But now things are changing and not only are we speaking about menstruation but are embracing it too. Sadly this is not the case with everyone. The taboo of menstruation and the draconian practice of Chhaupadi are claiming lives of many females.

As per the old Hindu Custom of Chhaupadi, a menstruating female is considered impure and is therefore banished from her house during her periods. She is made to stay in a goth (temporary mud huts with limited resources), stables or caves during this period. A menstruating female is considered untouchable and it is believed that her impure touch would render everything worthless. She is forbidden to enter her household, touch men, animals or plants and consume certain food articles. Similarly no one can touch her during her periods. Thus even if a female becomes ill, she is not properly taken care off as everyone banishes her.

The practice is still widely followed in few parts of Nepal and has claimed many innocent lives. A nineteen year died of snake bite during her stay in the goth. Another girl died of the suffocation caused by the fire she had lit to keep herself warm during a chilling winter night. Other females have died due to hypothermia, malnutrition, animal attacks, severe bleeding, robbery and rapes.

Reasons for Practing Chahupadi – 1. Fear of God – The people believe that the god would punish those who don’t follow the Chhaupadi Pratha.

2. Banishment from the Society – There is an obvious fear that the society would banish those families who don’t follow the custom.

Impact on Females – The females suffer from physiological, mental and emotional stress. The conditions in the goth are deplorable. The mental, physical and reproductive well being of the females are compromised as they suffer due to poor hygiene, poor nutrition, heavy workload and lack of security. Their basic human rights are being denied to them.

Law Against Chhaupadi In the year 2005, the Supreme Court of Nepal declared the practice of Chhaupadi illegal. A legislation passed by the Parliament effective from August 2018 states that “A woman during her menstruation or post-natal state should not be kept in chhaupadi or treated with any kind of similar discrimination or untouchable and inhuman behaviour”. Anyone who forces a women to follow Chhaupadi may face a three-month jail sentence or a 3,000 Nepalese rupee fine or both. The law will be effective from August 2018.

Conclusion The social workers, government and youth of Nepal are spreading awareness about this evil practice of exile. The execution of the law would be extremely challenging. The main problem is that the females are conditioned and made to believe that they become impure during their periods. Changing this mindset is the government’s greatest challenge. The law is still ambiguous as it does not specify the discrimination meted out to the menstruating females and therefore its implementation is surely challenging. It is ironical that god made all of us but yet when we menstruate, we are forbidden by some to enter temples. It is hoped that like the law eventually ended the evil practices of sati and jauhar in India, the law will be successful in ending the practice of Chhaupadi in Nepal.

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Politics World 

Faking it with help of Nepal, the truth behind the supply of fake notes in India

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A five hundred rupee note was returned back to my friend by a cashier. When she inquired, she was informed that the note was fake. The cashier humbly said “Madam, the note is not genuine; you can be jailed for this. Since you have been a dedicated customer to us, I’m not tearing the note apart. Kindly try to use it elsewhere.”

His reply stunned me but then I thought why do situations like these arise and what should we and what do we actually do in such situations. Well the Section 489-c of the Indian Penal Code states that if any person is aware that he was/is in possession of the counterfeit currency, he may be imprisoned for up to 7 years, or shall be liable to fine or both. Thus, anyone who knowingly wants to pass off a fake currency can be penalized under the Indian laws.

The problem can be divided into two separate heads. Firstly, where does this counterfeit currency coming from? And Secondly, What should be done if you are in possession of such currency?

Origins of the fake currency

Recent police investigations have revealed that ISI is directly controlling the smuggling of fake currency in India. It is alleged that Pakistan is actively involved in such activities and the currency is sent to India via Nepal and Bangladesh.

India shares close diplomatic ties with Nepal. The citizens of both the nations are not required to have visas for travelling to each other’s country. On the other hand, although India and Bangladesh do not have such an arrangement but their geographical closeness between the two often helps people to cross-borders without any legal sanction behind it.

Both these conditions are favourable for our enemy country. The poverty in Nepal and Bangladesh can be conveniently exploited by ISI to ruin the Indian economy. The burden on the Indian authorities has increased manifold recently. There are large numbers of people who traverse to India from Bangladesh and Nepal through a various modes. To keep strict vigilance on all the visitors has proved very difficult in past.

Facts:

1. According to an Intelligence Bureau Report (2008) fake currency worth more than Rs. 1,70,000 crore is in circulation in India.

2. About 22 people who possessed fake Indian currency were arrested in Nepal in 2010 alone.

3. In January, 2010 Younus Ansari, son of Salim Ansari (Former Forest Minister, Nepal) was arrested with fake notes worth Rs. 25,000.

4. The smugglers have now started using more sofisticated and innovative technologies to counterfiet currency. Moreover, instead of carrying large amounts as earlier (70-90 lacks); they prefer smuggling lesser chunks of money (say 10-15 lacks).

Problem

The Week in one of its investigative articles contended that Pakistan is now manufacturing “super fake notes” to India. The notes are allegedly produced in government-run facilities in Pakistan. It is very difficult to distinguish such notes from genuine currency.

Only 95% of Indian currency paper is imported from 11 firms in Europe. Most of the security features are incorporated when the paper is produced. This includes engraving of watermark and magnetic properties to the currency. However, specific features like micro-lettering, placing of Mahatma Gandhi portrait, signature of RBI governor etc are incorporated at the printing stage i.e. in India.

Almost all the South-Asian countries subscribe to these European Firms for the supply of paper for their currencies. The functioning of the foreign firms is also under a suspicion.

Conclusion

Nepal has recently constituted a Central Investigation Bureau to look into the increasing supply of fake currency to India via Nepal which would definitely prove useful in the longer run. But the problem needs to be addressed at various stages by us aswell.

1. The involvement of the European firms must be checked an their tenders must be cancelled in case their conduct is found faulty.

2. Diplomatic pressure should be build on all the three countries i.e. Nepal, Bangladesh and Pakistan.

3. New recruitments should be made in the Border Security Forces. Moreover, the Airport staff and other police officers should be trained and made well-acquainted with the new techniques used by the smugglers.

4. The currency awareness programs in the past have not attained much success in the past. A better option would be to include educational institutions and educate the students in this regard.

(This post deals with why and how the counterfeit currency is reaching in India. The second part of the problem i.e. the attitude of Indians towards fake currency would be dealt in the subsequent post)

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Politics World 

Sri Lanka becomes a Dictatorship: A Mockery of Democratic Nation

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The termination of Liberation Tigers of Tamil Eelam (LTTE) did not mark the end of miseries in Sri Lanka. When most of the countries in the world are favoring democracy; Sri Lanka recently opted to be governed by dictatorship. On 8 September 2010; the Parliament headed by Mr. Mahinda Rajapaksa passed the much criticized 18th Amendment of the Sri Lankan Constitution. The amendment makes substantial changes in the political structure of Sri Lanka transforming it into a de-facto dictatorship. Criticism of the 18th Amendment

1. The Amendment not only uplifted the restrictions posed on the president by the 17th Amendment but also abolished the two-term limit on presidency. Thus a president may contest elections any number of times.

2. The President is given wide-discretionary powers to make political and constitutional appointments.

3. He has the power to appoint the Chairman and members of all independent commissions including the Election Commission, Public Service Commission, , Finance Commission, National Police Commission, Attorney General, Auditor General, Chief Justice and Judges of the Supreme Court, the President and Judges of the Court of Appeal, Members of the Judicial Service Commission, Human Rights Commission and Secretary General of Parliament.

4. President has power to attend the parliament regularly and exercise his powers and privileges.

5. The Constitutional Council has been replaced by the Parliamentary Council which is accountable no other institution.

The amendment grants absolute power to the President. In fact, the President would control all the wings of the state. The unlimited power in the hands of the President may result in dangerous consequences. The government in past has been alleged to be involved in mass killings of the Tamilians in Sri Lanka.

Presently, three important political positions are headed by President’s brothers. It is feared that the powers bestowed by the amendment would further worsen the situation. The most disturbing part is that the opposition did not play a constructive rule in criticizing the bill. The opposition leader remained absent from the parliamentary debates regarding the 18 Amendment.

Conclusion

Replacement of democracy with a dictatorship would further harm the interests of the people in Sri Lanka. The irresponsible attitude of the opposition and the haste of the government clearly demonstrate that both the government and the opposition conspired against their own people.

The people on the other hand have resorted to peaceful protests. Organizations like Bar Association and National Peace Council have supported these protests.

It is not the corruption and concentration of power that concerns the Sri Lankan population today. From the past one year several attrocities are being carried on the people. During the war against L.T.T.E thousands of innocent Tamil civilians went missing. The armed forces misuse their excessive powers to traumatize the ethnic minorities in the state.

The main opponent of Mahinda Rajapaksa in the Presidential elections was arrested and convicted by military court on grounds of fraud. Empowering the President to make judicial appointments would further worsen the situation. The judges so appointed may have colored opinions which would defeat the very purpose of independent judicial system.

Sri Lankans deserve a democratic and accountable government. The cause needs support of other countries around the world. The steps taken by Rajaskpa should not only be criticized but he should also be diplomatically pressurized to revive democracy in the country.

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Politics Uncategorized World 

Nobel Peace Prize Given to Chinese Human Rights Activist but the question remains are there human rights in China?

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Introduction

Liu Xiaobo, a Chinese Rights Activist was awarded this year’s Nobel Peace Prize. The decision was applauded all around the world except in China, where Liu is serving an 11 year sentence for inciting subversion of state power.

About Liu Xiaobo :-

• He is a prolific writer, scholar and pro-democracy essayist.

• He was jailed for 21 months in 1989 due to his participation in the Tiananmen Square protests calling for the reform of China’s one-party Communist system.

• In 1996, he was put in a “re-education” camp for three years when he supported the release of prisoners jailed in the Tiananmen demonstrations.

• Because of his contribution to the drafting of “Charter ‘08,” a political manifesto proclaiming human and political rights in China; he is presently serving an 11-year sentence on charges of “inciting subversion of state power” imposed after an unfair trial.

The Ongoing Debate: Are there Human Rights in China?

In a way the recognition of Liu’s work by the Nobel Prize Peace Committee once again questions the existence of political and human rights in China.

The Chinese government maintains that Human Rights are a western concept and the very idea interferes with the political autonomy of the country. It further contends that the west promotes the concept of “pan-human rights” in order to pursue its vested economic interests. On the other hand, it is contended that the individuals in China are deprived of their basic political and human rights. China has been primarily criticized by west because:-

1. Death Penalty is awarded in closed trials. No official figures pertaining to death penalty are disclosed by the state.

2. The police have wide discretionary powers.

3. Death Penalty is awarded in 68 offences including the crime of corruption.

4. Through “re-education of labour” and other administrative detentions; a large number of people are detained without trials.

5. Immense restrictions of media and use of internet.

6. Repression of religious and spiritual leaders and human rights activists.

7. Gender Discrimination in areas of education, health care and employment.

8. Birth control regulations present in the country.

9. The ill-treatment and forceful deportation of North-Korean refugees.

10. China is in breach of a number of international covenants signed by it. The country does not grant the freedom of speech, assembly, association and press to its citizens as guaranteed under Article 35 of the Chinese Constitution. What needs to be done?

1. Disclosure on the part of the government is necessary in certain areas.

2. The reliance on extra-judicial system should be reduced and an effective legal system must be established.

3. Reforms are needed in areas of social work, health care management, social aid, female literacy and social security.

4. Accountability of the police must be enhanced.

5. Public Participation in policy formulation and decision making must be stressed.

6. The intra-party system needs to be improved.

7. The restrictions on the press should be uplifted to ensure constructive journalism.

Conclusion

Liu Xiaobo, is a name virtually unknown to the people of China. The media is banned from using is name. He was not even allowed to interact with the reporters once he received the award. Similar restrictions were imposed on his wife as well.

The opinion in China is divided on the issue. Some believe that Liu’s trial was fair and just as he had views were contrary to the Chinese culture and whereas others maintain that China needs to grant minimum political and civil rights to its citizens.

It is true that human rights is a western concept but is China justified to deprive human rights of its citizens on this sole basis?

The Chinese have right to take informed decisions about their own political future. Unfortunately, the government ensures that the people access only filtered information. It is not the west but the Chinese themselves who must make decisions on their internal autonomy but for this the people must be given a platform to voice out their concerns and considerations.

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Politics Social Issues World 

Children as soldiers!!! Are you kidding me?

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Introduction

Child abuse and Child labour are not the sole problems faced by the world today. There is an emerging global concern about the increasing participation of children in armed forces. According to Amnesty International, “Approximately 250,000 children under the age of 18 are thought to be fighting in conflicts around the world.”

• Over 50 countries currently recruit children under age 18 into their armed forces. • The Human Rights Watch Report (2008) states that a few under 18 soldiers in the UK were sent to Iran. • 30% of the child soldiers are girls. They are often sexually exploited by the commanders and military leaders. • Myanmar with over 70,000 recruits is said to have largest number of child soldiers serving its national military.

Who is a child soldier?

The United Nations Children Fund (UNICEF) defines child soldiers as 1. “any child—boy or girl— 2. under eighteen years of age, 3. who is part of any kind of regular or irregular armed force or armed group in any capacity.”

This age limit was established in 2002 by the Optional Protocol to the Convention on the Rights of the Child. Prior to this fifteen years was globally recognized as the minimum age for participation in armed conflict.

History: Child Soldiers

1. About ten thousand children participated in the Children’s Crusade of 1212.

2. Nazi’s had employed child soldiers to carry out their underground operations.

3. In Ancient Greece young boys about seven years old were recruited in the military forces.

4. After the Second World War the British established various “Small Boy Units” in various colonies.

Reality

Thousands of children are recruited by both state and non-state actor military forces. The children are mostly “programmed” to act as mechanical soldiers by the military leaders. In countries like Uganda the child soldiers are often made habitual to tranquilizers including cocaine and other drugs. The LTTE leaders used young boys for their Karate practices. According to CNN correspondent Arwa Daman; the children in poor countries are shown bright colored images of female virgins and rivers of milk which depict a picture entirely different from their harsh realities.

Usually the young girls are treated as “sex-slaves” by the military leaders. In some countries, the villages are required to fulfill certain recruitment quota. At times these children are kidnapped from streets, homes, play grounds and parks on gun point. In order to increase their courage they are often asked to participate in brutal crimes like rape, murder and abduction; occasionally against their own family members.

Reasons :-

1. Poverty and lack of education

2. Vulnerability of Children particularly from displaced families and Third World Nations.

3. Some of the terrorist organizations recruit kidnapped children in their forces (L.T.T.E was one such kind).

4. The sophisticated modern day weapons can be easily operated by a child.

5. Children constitute cheap military force that can be comfortably manipulated by the commanders.

Child Soldiers: India

Child Soldiers are recruited in several parts of the country including J&K, Chhattisgarh, Tripura, Meghalaya, Assam, Nagaland, Sikkim, Andra Pradesh and Karnataka. The children are mostly used in tribal communities and insurgents. Most of them (both boys and girls) are below the age of 14 years. They live in poor conditions and are usually given “food” as a reward for work. They are treated as “safe carriers” of arms, ammunitions and information..

Recommendations:

1. Governments should ratify, implement and enforce the standards of the Optional Protocol to the Convention on the Rights of the Child on the Involvement of Children in Armed Conflict.

2. Governments should ensure the protection of displaced and orphan children.

3. The former child soldiers must be properly rehabilitated.

4. The governments must ensure universal birth registration which would help in age verification.

5. Proper training and education must be provided to army personnel to prevent such recruitments.

6. Psychiatric and Medical help along with education and vocational training must be given to former child soldiers.

7. The recruitment of children in non-state armed forces need be checked by the respective state parties.

8. Constitution of separate independent agencies to deal with the situation of child soldiers in various countries.

9. The countries must alter their respective domestic laws to make under-age recruitments punishable criminal offence.

10. Generally when a minor is caught by the state agencies; his age is exaggerated in the official records to facilitate harsh punishments. Such practices must be discouraged.

Conclusion

The lack of political will on part of people and government have helped the perpetrators to change innocent youth into blood sucking monsters. It would not be wrong to say that “child soldiers” are not only a threat to the society but also a threat to themselves.

They are exploited sexually, emotionally and psychology by the same forces which they pledged to serve. Their trauma holds them back to lead a perfectly normal life in future. There is an urgent need to address the issue on both national and international front.

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Politics Social Issues Travel World 

When will they celebrate their Independence? Common plight of Indian and Pakistani Fishermen

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India and Pakistan share many things together. One such thing is their consecutive independence day. Today I thought of addressing an issue which is vital to both the countries. No, its not Kashmir. It is something more fundamental that concerns me today.The detention of Indian and Pakistani Fishermen cross border can no longer be ignored by us.

Official Statistics

According to the Pakistan Fisherfolk Forum 159 Pakistani fishermen are detained in India on the other hand 547 Indian Fishermen have been detained in Pakistan. Moreover India has 200 Pakistani and Pakistan has about 350 Indian boats in their custody. It is a large possibility that the actual figures are much higher.

Why are the fishermen arrested?

Due to the Sir Creek border dispute between the nations, their sea borders are not clearly defined. Thus it is difficult for the fishermen to distinguish marine territories. Moreover, they have low understanding of maritime borders and protocols.

Seldom they cross the marine boundaries and have to pay huge price for it. Most of Indian fishermen who have been detained by Pakistan belong to Gujrat, Daman and Diu. The Gujrat CM Mr. Narendra Modi recently said that the Union Government is ignoring these arrests deliberately.

India shares cordial relations with Bangladeshi and Sri Lankan authorities and fishermen arrested in these countries are easily acquitted. But since India and Pakistan do not share cordial diplomatic ties, it is difficult for both the countries to protect their arrested fishermen.

Fishermen’s Plight

Most of the fishermen have been in jails for years.Their bona fide mistake costs them more than any crime they could have done. Their families are unaware of their presence. Generally a boat consists of all the fishermen from the same family. Any mistake may result in arrest of all the “earning male members” from a single family. In such situations their family suffers both emotionally and economically. The hope for return never dies but everyone is aware that the chances are negligible.

Laws and Punishment

In India illegal entrants in the country may be punished with imprisonment of 3.5 months to 5 years.

According to the Article 73 of the United Nations Convention on the Law of the Sea, arrested vessels and crew are to be promptly released “upon the posting of reasonable bond or other security” and should not result in imprisonment or corporal punishment. The nations must invoke this article to ensure the early acquittal of the marine prisoners.

What is and What can be done?

The suspicion of terrorist activities forces the marine officers to do their duty diligently. Their work needs to be admired but once it is established that the arrested are not guilty of criminal tresspass, they must be released. This can be done only with the development of diplomatic understanding between the two nations.

In past both the nations have issued declaration of fishermen releases but things have never materialized. Most of them who have completed their sentences are not released either. Both the nations believe “we would release our prisoners only when they release theirs.” This diplomatic release game treats these prisoners as pawns. They are left of the mercy of their leaders to get what they lawfully deserve.

The ones who are released are in no good shape either. Generally, they are disillusioned, ill, infirm and depressed. A young lad returns as a feeble old man with grayed hair. He fails to be with his wife and family. His children become alien to him. His parents are no longer alive to meet him. His wife lived like a married widow all throughout her life.

Moreover, even if the countries release a prisoner they never release his vessel. A boat costs Rs 5 to 6 lakhs is usually bought on installments. A fishermen has virtually no resources to afford another vessel. Most of them are poor and uneducated can neither opt another career.

Conclusion

Action is required to be taken immediately. Indian and Pakistani Supreme Courts have realized the importance of the crucial issue.

In a dispute the Union government pleaded to detain the Pakistani fishermen in jail until Pakistan releases an equal number of Indian fishermen. However SC of India rightly held otherwise and ordered release of 16 Pakistani fishermen who had served their sentence.

In Pakistan no person can be kept in jail after 3 months of completion of his/her sentence. But the government sought permission to keep Indian fishermen in jail even when they had completed their sentence. The Pakistan SC has also taking cognizance of the matter has also ordered the release of Indian fishermen.

The courts in both the countries are performing the duties of the executive. But the implementation of these orders depend totally on the will of the governments. They have ignored the plight of the fishermen for 63 years which is no longer justified. Arrest of 800 fishermen affects 800 families in India and Pakistan.

Sadly, these fishermen can never cherish independence in the same sense as we do until some diplomatic actions are taken.

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Legal Mirror World 

Married in India but Divorced in US

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Everyone celebrated their wedding. The groom was an NRI engineer settled in Boston who came to Punjab to marry Manjeet, a beautiful village girl. No one had ever anticipated that this fairy tale would turn into a nightmare until the groom decided to abandon Manjeet and marry again.

He obtained a divorce decree in US. Subsequently, Manjeet filled a petition in an Indian Court. The court declared the divorce null and void although it hardly had jurisdiction over the foreign decree. Now, her husband is divorced in States but married in India.

According to NCW more than 50 women are facing the issue in Gujarat, Punjab and other parts of the country.

Problem

In such divorce cases the conflict of Private International Law becomes evident. Usually, one party obtains a divorce decree aboard which is not recognized in the Indian Courts on the ground that the foreign court had no jurisdiction over the matter. As a result the marriage is recognized in one country but annulled in the other. Such a person may be tried for Bigamy in India but in the other country he would not be considered guilty.

EX-PARTE JUDGEMENT:

An ex-parte divorce happens when only one spouse participates in the court proceedings.  In US, a state has the authority to determine the marital status of that person (who lives in that state) even if it does not have jurisdiction over the other spouse. Usually,the spouse who doesn’t live in the county where the divorce was filed would not be subject to its jurisdiction unless a status exception is present.

Many a times foreign courts grant ex-parte divorce decrees, with one party being unrepresented and thus unheard. Often the parties are unaware about these proceeding too. Due to various practical and financial difficulties; a party may not be able to contest the case. Generally, the wives deprived of maintenance and matrimonial property in these cases.

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Health Social Issues World 

The Temples of the Devils: Exorcism Exposed

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“Exorcism of Emily Rose”, a horror classic is based on the true story of Anneliese Michel, a 17 year old girl in Germany who was exorcised by her parents and two priests.  She suffered from schizophrenia which could be treated by medicines. But her parents relied on exorcism rituals to cure her. She died after few days of exorcism due to malnutrition and starvation.

The court observed that because of lack of nutrition her body was unable to recover from the injuries which were result of both exorcism as well as self infliction and awarded all the four accused imprisonment of six months.

Recently a similar instance happened in Kodinar near Rajkot. Farida (36 yrs) died when she was not given food for 22 days and made to sleep on sand under sun by her husband and in-law who believed her to be ‘possessed’.

Epilepsy or Possession

Epilepsy (also known as fits or seizures) results from rapid uncontrolled electrical activities of the brain. This could result in contraction of muscles and loss of consciousness for several minutes. The patient may fall on to floor, shake tremendously, urinate or foam at mouth.

Some people consider these symptoms signs of possession. In places like Mehendi Pur Ke Balaji, Rajasthan many frauds are self proclaimed specialists in treating cases of possession. Due to lack of awareness many people are duped in to this trap.

The treatment is not only orthodox but cruel most of the times. Blowing cow-dung smoke, burning pig excreta, beating or pulling the victim’s hair and reciting prayers or mantras are common. The worst suffers are women patients who are sometimes molested, raped or sexually harassed in name of the ritual.

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Legal Mirror Social Issues World 

Male Rapes – Some Myths, Statistics, True Incidents and Legal Insight

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A True Story

Is Rape attempted only on females? I would request you to think again. Male rapes are not fiction created in novels and movies. What happened in Shawshank Redemption can happen to anyone at any place.

Shikhar (name changed) was popular at his college for being a philanderer. He had multiple girlfriends and at age of 22, he had everything a student could aspire for. He shared his room with two of his classmates. His relations with them were not cordial. He had some unresolved issues with them. One night when he was sleeping, he realized that his room mates were tying him to the bed. He was repeatedly raped (sodomised) by both of them that night.

The incident changed Shikhar’s life completely. Even after two years, he hasn’t dated any girl or talked about sex with his friends. The very talk of sex upsets him. He also tried attempting suicide once to get rid of miserable life. Only two of his friends were aware of what happened to him that night, but even they were unable to console him in this situation. Similar to other instances of male rapes, the matter went unreported.

Male Rapes: Some Shocking Statistics

About 10% of rape victims are men. Findings From the National Violence Against Women Survey, US points out that 71% of male victims were first raped before their 18th birthday; 16.6% were 18-24 years old, and 12.3% were 25 or older. U.S. Bureau of Justice Statistics (1999) estimated that 91% of rape victims are female and 9% are male Human Rights Watch Report suggests that 22% of male inmates have been raped at least once during their incarceration; i.e. around 420,000 prisoners each year.

History of Male Rapes

In some societies the victorious soldiers were given a right to rape the defeated enemy. The act demonstrated a total control over the defeated warrior. It was believed that whether consensual or forced a male who has carnal intercourse looses his manhood and is thus incapable of becoming a ruler or warrior. Gang Rapes of a male as a punishment was awarded for crimes like adultery in Rome and Violating the sanctity of Harems in Persia and Iran.

Who are the Victims?

Most of the people believe that males are victims of rapes only in jails, prisons and hostels but statistics reveal that these are not the only places where males get traumatized. A large number of males become victim of sexual assaults and forced sodomy in their own houses, pubs and armed forces.

The perpetrators avail the benefit of their victim’s vulnerable condition. A popular notion prevails that a male is supposed to protect himself and if he fails, he has lost his manhood. Like most of the rape victims, these victims start holding themselves responsible to the injustice done to them. The thought that “they have lost their manhood” results in their continuous victimization. Most of them start doubting themselves and may even fail to have healthy sexual lives with their spouses. A very few cases of male rapes are actually reported. The offense is considered difficult to prove and the perpetrators are often acquitted. Out of 852 cases that were reported to police in the UK, only 44 perpetrators were prosecuted. Ironically, the victim who confesses that he had been raped or sexually assaulted is punished by the entire society. The feeling of guilt and shame makes him detest himself and his very existence. The rape is not only committed on his body but also on his mind, soul and spirit.

Indian Penal Code and Male Rape

Section 377 of the Indian Penal Code is the only section that criminalized all acts of carnal intercourse. The section penalizes both consensual and forced sodomy. The minimum punishment awarded of such crimes 10 years which may extend to life imprisonment. The Delhi HC in its leading judgment of Naz Foundation v. Government of NCT and Ors stated that the provisions of Section 377 I.P.C will continue to govern non-consensual penile, non-vaginal sex and penile non-vaginal sex involving minors. Even if the judgment is upheld by the honorable SC, the section can be evoked to punish sodomists, pedophiles and zoophiles.

The only laws that remotely address to the problems of child assault in  the country are sections 376, 377 of Indian Penal Code and some sections  of the Information Technology Act, 2000.  But there is no specific law that can punish pedophiles or can compensate the victims of such events.

The Section 375 of Indian Penal Code does not include males as rape victims. Recently the government decided to amend the definition of rape and replace it with sexual assault instead. They believe that the amendment would give the section a wider jurisdiction and scope. But it is criticized that the proposed amendment would further harm the interests of the rape victims.

Conclusion

It is unfortunate that till now people associate manhood with sexuality. Manhood is not lost by a victim who was sodomized but it is lost rather it does not exist in the perpetrator who committed this heinous act.  It is a myth that only gay men commit such crimes. The offender can be bisexual, straight or homosexual. India definitely needs separate laws to deal with male rape or forced sodomy and child assault. Majority of such crimes remain unreported and therefore awareness must be spread in this regard. The benefits availed by female rape victims under the Cr.Pc must be also extended the male victims. Helplines and Online-help can be provided which may prove helpful in providing psychiatric help to them.

Ignoring Male Rapes won’t change anything but accepting it would surely make a difference.

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Social Issues World 

Different faces of prostitution in Afghanistan

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Prostitution is not an easily accepted reality in our society. Most of the time, we are in denial that in Muslim societies women do not sell their bodies for money, even if they do, no one will buy. It is actually the opposite, even if a woman does not want, the societal miseries make her do anything for survival and livelihood of the family. While Prostitution in many other parts of the world could be understand as a woman’s sexual desire and of her immoral character; the truth behind it is hardly explored.While prostitution is illegal and anyone found guilty would be punished severely, but the law only punishes the woman rather than removing societal pressures that make women embrace prostitution as means of survival.

In my work on women’s issues in Afghanistan, I came across many women who have at least once sold their bodies to earn a living either forced by a family member or in secret. However, I chose to write about these three women I met three years ago in an old city of Kabul. These three different women have at least one thing in common, that even in a closed traditional and religious society, they were made to be prostitutes, either in public or in secret.

A couple of years ago, I was on a monitoring visit to a rehabilitation center for drug addicts and during the distribution of medical kits for the rehabilitated patients, noticed three women getting the medicine who didnt seem as patients. They were quiet well-dressed and the red lipstick was shining on the faces. When asked about their addiction, I found out that these three are not addict, they come to take the medicines because it can help them overcome the mental trauma they are going through….and someone whispered to me”these three are prostitutes”….. I tried to probe into their life stories and after almost two weeks of talking to them, here is a short summary of their stories :

Rahima, the eldest of the three women was 38 years old and mother of 4 daughters and a son. She returned from Iran in 2004 and has been living in her in laws house. The house was big, scary and ruined during the civil war. Her husband was an iron smith but when they were in Iran, he became a drug addict and could no more provide any living for the family. Rahima remembers the first time that she knew her body could earn her a living was the offer of her husband’s friend, when he came as a guest to their home. That was when Rahima had two of her daughters in the hospital because awild dog had bit them. She said that the clinic asked her to buy two vaccines worth of 6,000 Afghanis to save her daughters and when she sought assistance from her husband’s old friend, he offered her 5000 Afghanis for one night and a promise to find more clients as she earns more experience in this field. Rahima had no other options and accepted and she said, he was the only man she knew who was so loyal to fulfil his promise.

Negine, was the tallest and the most beautiful of the three women. She was around 35 years old and had been living with her father. Initially, I couldnt believe that it was her father who made her a home-based earning prostitute. She said, he died in a fortunate suicide attack last year in Kabul but she continued paying attributes to his legacy. Negine’s father was a cook in a Police Teaching Academy in one of the central provinces and whenever he came home, he used to bring a high ranking police official to their home and she was made to stay with that prestigious guest and entertain him. In his lifetime, Negine could never get out of the house and it was the father who bought her beautiful clothes and make up and encouraged her to look attractive to his superiors. Negine said that her father’s sudden death left a big shop that was built on her money and she could live a better life with that income,but after so many years of entertaining the high ranking police chiefs, she is kind of used to this way of life. She said, she likes when a high rank officer obeys her orders.

Shahperai, the youngest of the three was around 15 years of age. She said, she found herself on the streets since she remembers. Shahperai was a very outgoing, and loud young girl. She used to make fun of everything and it seemed that she had nothing to regret in her life. Shahperai recalled her first experience of using her body to earn money in the busy streets of the expat bazaar, Chicken street of Share Naw, Kabul. She said some three years ago, while cleaning a car in a car park, two men came closer to her and said ” we will pay you – if you show us….” and since then she has been earning through displaying and selling her body.

These were the three women with a summary of their stories. I am sure there are many other untold similar experiences fearing the hypocratic society. We need to accept these realities and be able to confront these injustices inflicted on women.

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