Yet Another South Asian Story

Re: satish

The points you make about progress on producing enough food to feed the country are great achievements and I am not denying them. But look what the psyche of the Indian middle- and upper-class has deteriorated to....we produce 100, consume 50, and throw the rest of it away while a huge % of the population goes hungry! It doesn`t take a genius to fix that...a little effort and investment (which pays for itself by the way) by the government and local communities in organizing the rationing of excess food...but few who have the power to do something in that country give a damn and most will demand $ for the food if they see that it is going to feed someone rather than being thrown away.

``People in my village dont now have to walk 6 miles to a station to catch one of only two trains that pass per day.``

Most people in the village I was born in now don`t have to walk 6 miles either but they have to fight to fit into an overcrowded train which runs 2 hours late like a herd of cattle to go to jobs which keep them well below the poverty line for life. And the lives of their children since there is no free and mandatory education system.

``So dont tell me nothing has happened. In our own not very efficient way, we indians are setting things right.``

It is not simply a question of whether we are doing it efficiently or not...the slow and often non-existant pace of change is damning and is a human crime. This is different from how fast the US can provide broadband Internet access to the whole country...it is how soon people in India will have clean running water which doesn`t give them typhoid, dependable power supply to keep them warm in the winter, closed sewage systems which don`t house malaria-sreading mosquitos, free education, medical facilities, highways where they won`t be left for dead after an accident because there is no emergency rescue and treatment system, etc. etc.

If you want to talk about starting low, look at Japan. They had much, much less than we did in 1947. I need not say more about what they have done relative to India.

Harish:

Very evocatively written. As sad and disturbing as this story is, what I find even more tragic and disgusting is how it has been turned into an India-bashing issue by not only some Pakistanis but by some Indians as well. This is not an issue that can be pinned to any one cause or geographical location. Sexual assault and a lack of effective justice is a universal phenomenon.

Saxena #4: Despite there being a law against the rapists, and despite the police convinced and willing to charge the rapist, it was the `literate` and the `educated` doctors who failed Aruna, who saw to it that she was not vindicated...where exactly does literacy come into the picture here?

[About the literacy, there`s a difference between that and education...a civil servant who played the key role in Kerala`s 100% litt drive was saying last year - a few years after the state was declared completely literate, they found that the litt level actually came down because the people who learnt to read and write during the drive forgot how to after sometime...as they didnt need these skills in their daily life...there`s no culture of reading yet - just a tidbit. I know people who are illiterate but not spineless and have a sense of community. There`s more to awareness and development than literacy.]

ASK #12: Is the death penalty effective now?

friend #9: It doesnt help Aruna, but it may at least ruffle the sensibilities of some people who remain oblivious of such incidents... and exactly what would anyone on chowk do with Sohanlal`s address?

sb#20 - you can make an example of Sohanlal, by socially outcasting him (and whoever supported him).

Solitude #70,

I dont know whether you live in Britain but I think you are overstating the influence wielded by Muslims amongst the politicians here. The majority of Muslims here probably around 80% are of Pakistani/Bangladeshi descent so where the oil issue comes into play I dont understand. There have been instances of forced marriages and honour killings but these have happened amongst the Hindu and Sikh communities as well and have often been overblown by a sensationalist and tacitly racist media.

The issues you speak of have to be sensitively handled as Asians form the largest ethnic minority here.

I can see parallels with the way the British Sikh community was portrayed as implicitly extremist circa 1984. I think that temperance is called for when discussing these issues.

In any case, the main body of Muslims (Pakistani and Bangladeshis) have been in this country for less time than the Indians (in terms of major migration waves) and so have not been able to access institutions and achieve to the same extent as their Hindu/Sikh counterparts. I cannot see any reason why they will not make as valuable a contribution to British society as say the Indian community has.

Demographically when the majority of Pakistanis/Bangladeshis have been born, educated, raised here, they will create a space for themselves, reform what needs to be reformed, and not be held back by whatever they feel does not suit their reality in modern Britain. This is a natural process, and external criticism will only seem like hectoring and ,I feel, will inhibit that.

This is happening amongst the Hindu and Sikh community here. If you look at the amount of talent coming through, with writers, actors businesspeople, comedians, presenters and especially musicians, it is phenomenal. The same will happen and I am sure is happening amongst the South Asian Muslims............(I cannot speak about the other Muslims in Britain, the Somalians Arabs or Turks as I have virtually no personal knowledge or contact with them).

regards

Harpreet

Re: sb

You are using exceptions to argue against my point about literacy.

I am talking about education, not just literacy (poor choice of words on my part earlier).

Education is the only way to instill a sense of responsibility and order in the whole country. Creating laws and reporting crimes is useless until we can affect people`s behavior....that`s the key. There are a billion people in India...few of them have civic sense or responsibility...the police will dismiss almost anything for a bribe. Courts in most of the country function at snail`s pace...victims can die before the case is ever heard. Witnesses are easily bribed off too. And then there is no dearth of basta#d judges who are not above bribes. Of course there are exceptions to all this.

Education is the only way to instill respect for the law and a sense of social responsibility on such a large scale. There are many socio-economic benefits of education which indirectly contribute to solving these problems.

Crimes happen everywhere. But in the armpit (courtesy hamidm) of the world we rarely prosecute the offenders and do little to help the victims. That`s my complaint. Nothing else.

dost-mittar #19,

I find your comments very sad. I cannot believe you have tried to make a communal/religious point here. I cant even be bothered to take issue with the specificities of what you said, I just wanted to register my dissapointment.

I just finished reading a book about partition, partially dealing with rape victim`s expeiences. It`s called ``The Other Side of Silence`` by Urvashia Butalia, published by Penguin India. Please read it if you get the chance.

Sorry.....my the post below addressed to Solitude should have gone on the ``Headache and Heartburn`` board

re: sb#20

I do not think the death penalty for rape is going to improve the prosecution of such cases. It might even worsen the conviction rate. I raised this issue with Mr. Nambiar because he suggests that the punishment Sohanlal got was too little. Indeed the 7 yrs that he got was the standard punishment for rape till the recent legal changes. The judge in this case seems to have given him the punishment for rape (on the excuse of theft) even though he wasn`t prosecuted for that. The small theft he carried out didn`t merit this punishment.

Personally, I believe that the NDA hasn`t got it right. They have moved to the other extreme from the prior low 7 yr sentence. The mandatory sentence should have been raised to say 20 yrs or life (I believe life sentence should also be raised to actual ``life`` sentences up from the current maximum of 20 with earlier parole). The death penalty will only make judges even more reluctant to convict.

The doctors and judge in this case acted in what they thought was in the best interests of the victim. Though this case is tragic it is not one of moral misconduct by the authorities (legally of course it is). Sohanlal should have been prosecuted and convicted for rape, and he should not have been punished so severely for theft. There is a general disregard of the legal process in India. And our journalists and bleeding-heart elite are the worst offenders. For example, on the issue of implementation of zoning laws in Delhi (the current hot issue) the media seems to be sympathetic to the illegal businesses in residential areas.

The court system in India was designed for a time when most were not supposed to have access to them. In order to teach respect for law to the entire populace the courts have to become relevant to them (for the first time for a large segment of the population). The number of judges needs to be increased to between 5-10 times the current number (to bring it to international levels) which will reduce the backlog and increase the pace of the judicial process to a decent level. This is an issue that should be occupying the minds of our intelligensia and prime space in our news media.

Ashish

RSaxena #23: ``I am talking about education, not just literacy``

I know, I was being finicky - I am more comfortable calling it (socio-political) awareness. Maybe its because of my roots in the backwaters of my state that I am inclined to have confidence in the innate wisdom & civic sense of the rural (illiterate) folk there. The literacy drive is good...it should not be directed at or touted as weaning people away from the sources of livelihood that sustained them/us for ages - farming/handicrafts/small businesses as against being clerks/doctors/etc.(let`s create a system that lets us be literate and still not take the glamour away from from other occupations/lets us pursue the occupations of our choice). I have digressed again...(If you arent already aware) this site may interest you - www.ilpnet.org.

``Education is the only way to instill a sense of responsibility...

Education is the only way to instill respect for the law...``

how can we define education? how can we bring about education?

(the law and the polity (even the constitution) we follow dont come from the soil or ethos of our country and people - they are from the former rulers and often times make little sense to our lot...Japan seems to manage quite well with the democracy imposed on it in the 50s...wonder why...too many questions...may be I will be more focused once I roll up my sleeves and get to work)

dost-mittar,

Thank you for your reply. Maybe I was a little knee jerk in my response to you. I wasnt thinking straight after reading this piece. I apologise.

I recently read a precis of a novel written by an urdu writer after partition which deals with the issues you talk about, the returning home of abducted women after 1947. I cannot for the life of me remember the writer`s name or the name of the book.

It deals with a Hindu woman who returns to her husband after kidnap to Pakistan, and how her husband can only cope with his humiliation through excessive devotion to her, with formality, as a re-sanctified woman. This stifles the wife, and she suffers triply, first as a victim of rape, secondly as ``damaged goods`` in societies eyes, and thirdly through an inability to receive redmeptive love and resume normal relations with her husband. He elevates her so highly to assuage his guilt and hurt and his own violation, where she sits alone, unable to come to terms with what has happened. She can never forget, can never find solace in the blank state of domesticity because the distance she is put at reminds her of what happened to her, has altered her forever. She is thrice a victim.

I will try and get the reference for this book for you.

regards

Harpreet

re: sb # 28

I am sorry to jump in here but literacy and then higher education are good in their own right. They are not being promoted to ``wean`` people away from traditional professions. They just open up opportunities for them in other fields. Nothing wrong with farming/handicrafts but why force people to follow these professions by keeping them away from education. Given a choice they may continue to practice farming/handicrafts. But if they want to become doctors/engineers/lawyers/big business owners why not give everybody this opportunity. After all, people in urban areas do have the option to go back to farming/handicrafts. They just don`t want to. Let us increase mobility in the other direction also.

Ashish

Ashish,

100% literacy rate and higher education in their own right are good, no ifs and buts about that from me.

A few issues/questions gleaned from people/orgs working for the literacy cause - literacy is not sufficient for economic freedom & security, political voice, and awareness; there is a very tangible expectation of literacy to provide succour from the wretched socio-econmic status quo from the illiterate parents - a hope that is almost impossible to realize in a generation or two; role of the govt and the society at large to absorb and provide opportunities for the expectant new graduates?

I am saying, literacy isnt enough - dont expect a complete change of scene from it - it is just a (significant) part of the development process.

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Dont know much about the zoning laws, a friend was saying that people can go to court to challenge the existing district laws on this(?) Yeah, the bleeding hearts are on the other side of the govt, it would be ideal if they(along with the journalists and other NGOs) take their opposition further than embarrassing/inconveniencing the govt and initiate processes for bringing about changes in the laws & the system(it is possible to do this, we just havent garnered enough mental and moral stamina yet) and sustain public debates, encourage mass participation. Like you said everyone disregards law - we have to change it to suit us, so that a larger chunk can respect it.

I do not support death penalty for rape either, remember wondering what got into NDA to prompt them for this...dont know if it is passed though?

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``The doctors and judge in this case acted in what they thought was in the best interests of the victim. Though this case is tragic it is not one of moral misconduct by the authorities (legally of course it is). ``

I dont think so - from Nambiar`s write-up - `Deshpande also persuaded Aruna`s distraught lover not to involve himself in the legal aspects of the case as a complainant, since the young doctor`s MD exam was about to begin. He persuaded him to concentrate on his exam and pray for Aruna.`

`The policemen who investigated her case were sure it was a rape case, and visited the hospital later to find medical corroboration, but were thwarted by Deshpande`s advice to the doctor who did not reveal the report of anal rape. They did their best in the circumstances, and got full terms for the two charges; robbery and attempt to murder. Seven years each.`

The well-educated dont trust law, and the not-so-educated fear it - an exception or a common syndrome?

Nambiar absolves the doctor from any blame saying he is a well-wisher; and goes on to blame the faceless system - how typically liberal! whats the system made of? what can be done?

Couldnt write earlier due to some preoccupations. Have some related anecdotes...some other time, maybe. Thanks for your posts, please do jump in whenever...!

A very sad story.

It is true that in India, being a rape victim carries a tremendous social stigma.

The irony is that I have it on good authority that the infamous Manusmriti says that a woman taken by force is blameless, and that she is purified by her monthly flow. ( Puts paid to the notion that Hindu society mirrors a scriptural text.)

The failure to register the case is shameful. The Indian Penal code (as far as I can find on the Web) prescribes a 7 to 10 year term for rape. Attempted murder ( less info. is available) seems to carry a 10 year term.

So the prescribed prison sentences may be too low. But perhaps the people involved thought that they were protecting the victim from the stigma of rape.

Some of the laws of India can be found at :

http://www.interpol.int/Public/Children/SexualAbuse/NationalLaws/csaIndia.asp

-Arun Gupta

``But perhaps the people involved thought that they were protecting the victim from the stigma of rape.``

I note that, and that this happenend a few decades ago.

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Manusmriti, has it been followed by Hindus all over the country? Thanks.

re: sb#31

Literacy is certainly not sufficient for employment. Vocational training is essential for productive employment. But most modern jobs need the worker to atleast have the ability to understand written instructions. Literacy by itself usually gets most people much better alternatives compared to their illiterate parents. Most unemployed graduates you see are children of educated parents who haven`t paid much attention to studies, graduated with some meaningless degree and then don`t want to take up a job that pays less than what they expect or involves physical work. People can create employment themselves if they are willing to work and move to a different place to obtain the same. Here government restrictions in India on businesses can certainly be lesser but even in the present circumstances employment is not too difficult for those willing. An educated workforce creates a qualitatively better economy. Even a handicrafts worker can benefit from literacy by knowing the true prices the retailers charge for his work.

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On the issue of zoning in Delhi, it is the businesses in residential areas which are the cause of a major part of the pollution. The intelligensia needs to support the government and ask for a better implementation of zoning laws, the exact opposite of what they are doing now. They should be calling for more development of industrial zones in the outskirts of the city (better still prevent migration of more people to Delhi by developing other areas across the whole nation), and better public transit from residential to industrial and commercial zones. The way to make the courts relevant is not by showing contempt for their rulings or changing the laws themselves as you suggest. The way to improve the effectiveness is to increase the size of the judiciary so that it is faster. There is no need to get rid of a law that prevents factories in residential areas. Who wants children living and playing next to welding shops?

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I do not like the way Deshpande behaved in this story. But it is the typical way people try to resolve problems in India. Hiding rape cases, asking people not to get involved in court cases in general, forgive and forget, etc. The police, public prosecutor and judge acted in an honorable manner in this case and went with whatever limited evidence they had. Which is why I demand an increase in the size of the judiciary. If the courts are faster people will discover that they have a system that is not too bad. It will become relevant to them. Corrupt officials or those who ignore the law like Deshpande will be facing action within their lifetimes. This will in turn clean up the legal system and even the political and bureaucratic systems.

I don`t find this story as one of major misconduct. Recently I read that a policeman in AP was trying to act as a mediator in fixing a marriage between a rapist and his rape victim. Fortunately, he was suspended from his job. I find that case far more disturbing and would like to have a follow up on that. Did the policeman ever lose his job completely? Unless he does lose his job what prevents others from acting with what they think are good intentions on their part like Deshpande. I heard of a similar story in Latin America of policemen (and priests too in their case) fixing marriages between rape victims and their rapists. Which is why I also object to the way this has been presented as a ``South Asian Story``. This is just a case where the slow judicial process has emboldened a doctor like Deshpande to ignore it or to remain ignorant of it. And it is also a case where you see hope in that the police, prosecutor and judge acted in the best manner they could. What I find unfortunate is that neither Mr. Nambiar nor Ms. Virani nor anybody else is campaigning for the solution to fix this. I hear solutions ranging from revamping the entire legal system (how much time and effort will it take), constitutional review, presidential system all the way to benevolent dictators. And recommendations for self-flagellation from left liberals. But I don`t hear a demand for a simple expansion of basic government services like law enforcement.

Ashish