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Naina Kapur (Advocate & Equality Consultant)     01 February 2013

Women`s constitutional equality

I have been wondering, in light of recent events in our country, how is it Women`s Constitutional Equality which forms the basis of the Justice Verma Commission Report has still not come to frame every discussion about women and s*xual violence includign within this Forum. Is it because we can`t see beyond criminal law which tends to minimise women`s concerns around s*xual vioelence. Having attended the Verma Commission hearings over two days, what struck me was how pervasive s*xual violence is at all levels- from education, to security issues, to justice, to law enforcement, to transport, to allocation of funds. More significantly is the reason for such neglect. Institutionalised `s*xism`. People don`t like to hear that because we like to  assume the mere presence of a Constitution means we live in a fair and equal reality. The fact is we don`t. One of the most poignant comments I heard from a foreign male participant in program I conducted on s*xual harassment was  ``I have never witnessed more oggling towards women than I have in India``. Any Indian woman would verify the shocking truth of that observation. Over the years,  when it comes to their dignity, s*xual integrity and autonomy in terms of the experience of s*xual violence, legally, women have been treated in piecemeal fashion which all boils down to 4 provisions in the IPC, two of which are so offensively outdated (s. 354 and 509). Yet our discussions don`t extend beyond this to how each act of s*xual harassment and the systemic absence of any action to prevent it is in fact a violation of each women`s Constitutional Equalit in this Country. In the UK, as a result of the brutal beating and death of a black man called Steve Lawrence by the Police, the  Macphearson Commission was finally called upon to address what came to be known as `institutional racism` which eventually led to widespread systemic change. That is how you build a culture of change. If there is one thing the Verma Commission has done, it is that it has brought us to the cross road of such change- one which first asks us to acknowledge what  we`ve silently, complacently endured for all of these years- the denial of women's constituional equality in perception and in practice.



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 3 Replies

AYAN (WEB DEVOLOPER)     01 February 2013


THERE ARE ALSO MANY SUCH WOMAN WHO MAKES FALSE COMPLAINS AND UNNECESSARILY HARASS A MAN.

THERE ARE MANY GOOD GIRLS.

 

BUT THERE ARE MANY BAD GIRLS ALSO.

TODAY'S GIRLS ARE NOT FIFTEENTH OR SIXTEENTH CENTURY'S GIRL.

ONLY THOSE GIRLS WHO ARE GOOD , LAW IS ONLY FOR THEM.  JUSTICE WILL BE ONLY FOR GOOD  GIRLS AND BAD GIRLS WILL BE  PUNISHED.

Sudhir Kumar, Advocate (Advocate)     02 February 2013

Falsecomplaints are made under every law for every crime be it theft, asssault, murder, attempt of nurder, drug peddling, terrorism etc.

 

Does it justify tio maim all laws.

 

venkatesh Rao (Retired Government Servant)     10 February 2013

very thought provoking article which should be shared by all interested.


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