The call given by PUCL (Delhi) appears to be a balanced approach to analyse the problems and challenges facing India and to suggest remedies, especially in the light of the recent uprising in Delhi due to December 16th rape case.
It appears to be balanced because, initially, there is an admission of the reality that "the experience shows that making amendments in laws may not be sufficient to prevent such violence". This is the reality in India. In spite of having a well built Indian democratic edifice in the form of a solid Constitution, protective and welfare laws, which we proudly project to the world, amongst the community of civilised nations and as the modern phase of economically powerful India, rape/ killing/ gang rape incidents are common in all nook and corners of the country. The Delhi case is not an isolated one, as three other major rape/ rape related murder cases were also reported. Additionally there are several unreported cases, including 19 rape cases in October 2012 in Haryana, near Delhi. When these things happen on a daily basis, it is time for all concerned citizens to begin to understand the 'why' of the problems and search for a scientific approach to prevent further atrocities being committed. In this sense I welcome the move of PUCL (Delhi).
Can one imagine the largest democracy in the world, which is about to be in the Security Council of the world body, with the responsibility of providing security to the world, failing to provide security to its citizens! Providing security to the life and property of its citizens is the first and foremost duty of any civilised government; providing security to its borders comes second only. During the past 62 yrs of sovereignty (supreme authority/ power with the people, who include 15% of caste beneficiaries/ perpetrators and 85% caste of victims, the ‘historically broken people’), history shows that successive governments ruling India have failed miserably on a daily basis, to provide protections of life and human dignity to majority of its citizens, leave alone democracy, secularism, socialism, and welfare.
However governments alone are not to be blamed for what has happened in the country. A democratic form of government is only a “system guaranteeing that we are no better governed than we deserve". So various Union/ States governments in India at different times were those its people deserved at that given time. It is illusory to think that there could be some celestial beings to rule us, except our own representatives. So what is the problem now? The finger points to what PUCL (Delhi) says, "The prevailing insensitivity in the society on gender issues, demeaning social attitudes towards women in families, communities, politicians, courts, police & military forces etc. are understood as some of the causes which perpetuate such evil". This is true, but only partially, because it covers 'attitudes towards women' only, although women form half of the population and who shape the next generations.
Generally, basic beliefs and attitudes towards life, and in particular towards women, are formed not from politicians, courts, police & military forces, but from home - starting with the order of mother - often based on religious beliefs, then father, siblings, joint family members, relatives, then religious institutions, community, educational settings etc. Politicians, courts, police & military comes much later, after a good part of conscience about what is morally/ ethically right and wrong has been formed in the individual. It is untrue to presume that politicians, courts, police & military could be entrusted with the responsibility of shaping the ethics and morality of individuals and society. 99% of attitude formation, especially towards women, is shaped from what one hears and sees in the family, religions and community settings. These values/ attitudes thus shaped will generally be also in tune with the political systems which are created to safeguard the political/ Constitutional values. The role of politicians, courts, police & military etc. comes when these values /attitudes, which of course will be subjected to the political values are violated. Put in another way, there has to be some amount of concurrence of individual / general morality/ ethics with that of the political values/ morality /societal values and / or vice versa.
In any democratic society, one can easily identify two distinct powers -moral power and political power. Of these, moral power is the superior one. Normally these two powers act as checks and balances. In India, the moral power is already corrupted by the mother of all corruptions - caste. Likewise political power is corrupted by caste. So, in India there is an absence of moral power to check political power when it goes astray. The already corrupted political power also fails to act as check when moral power goes out of control. In India, these two powers compete to please each other, leaving the victims of the system in lurch with no faith in any form of leadership. The present uprising of educated youth was triggered when one of them became rape victim; it fails to include similar cases in the society. It also resembles the middle class / caste uprising in Delhi a few decades back, opposing a government decision to provide some relief in the form of reservations to caste victims – the 'historically broken people'. This negative attitude of the traditional 15% of caste profiteers against caste victims (incidentally, in India caste and class are synonymous) can be seen throughout Indian history. Even during the British rule, there was strong opposition against admitting caste victim children into schools. Many barbaric atrocities against ‘historically broken’ communities, including rape and gang rape of their women, so commonplace, have barely made national news, or caused Delhi type of uprisings!
Let us look at the consequence of moral and political values from the Indian context. Before Independence, caste was: the law governing the individuals and society and; inspiration for social morality and ethics for the country as a whole. Over thousands of years these laws have shaped the morality/ ethics, education, economics, religion, culture, societies, communities and politics- executive, judiciary - profiting for 15% of the population, whilst the remaining 85% were made victims of these laws. The laws were based on graded inequality, social status, punishment, profession, property, wealth, marriage systems, discrimination, exclusion, marginalization and de-humanisation. The laws prescribed sanctions of Untouchability/ unseeability, with denial of basic human rights and access to land, water, food, property, housing, education, health, wealth, faith etc. for the victims to live as a living [not human] being in the country. After Independence, with a beautiful constitution and its protective and welfare laws, a new political system came into existence, ensuring values of liberty, fraternity and equality. These new values are diametrically opposed to individual/ social/ religious beliefs and morality/ ethics of the Indian society - 'the general mindset', shaped by caste. So what has happened during the past 62 years is a struggle between the old and new legal systems, offering: democracy to the already profiting sections under the old law – the caste profiteers/ caste beneficiaries/ caste perpetrators / caste criminal communities on the one side and; caged democracy for the multitudes – the caste victims /extreme victims of caste laws on the other side. The recurring incidence of caste based killings, gang rapes, including the recent one in Delhi is based on the unwillingness to accept and integrate the meaning of India’s Constitutional values based on fraternity, equality and liberty; hence we see individuals and communities frequently practicing old values overpowering the new value. Caste perpetrators use different forms of rapes and killings on caste victims often with impunity, as a form of community humiliation and disciplining. Caste victims in India are not even allowed to have a faith of their choice because of the so called 'Freedom of Faith' legislation in the majority of states, whereas there is no restriction to change of faith in political parties. If there was a willingness to accept the new political values by the caste perpetrating communities, the same would have been reflected in the Indian Governments (legislative, executive and judiciary) will,to enforce these new values. Killings, abduction, rape etc. takes place in all societies, in all countries but the systems in place to deal with them are as effective as the society’s belief in democracy and its values.
Coming to the PUCL’s quest: "Besides strengthening the criminal justice system, what could be other ways to achieve gender equality and justice for women?" Already we have seen that the problem is not in the criminal justice system alone. It is in the 'general mindset' of the Indians, with 15% enjoying more than what they deserve and 85% made victims and whose exclusion and sufferings are made internalised - that is the real problem. However, for academic sake, let us see how by ‘strengthening the criminal justice system we could help achieve gender equality and justice’. Take the case of the High Court judge who decided a rape case by acquitting the culprit on the ground that the man accused is a caste perpetrator who treats the victim as an Untouchable woman; hence raping the woman itself is out of the question? Another High Court judge washing the Chair with water from a certain river to purify it because his predecessor judge was from a caste victim community! To crown all these, adoring the statue of 'the first law giver' – Manu, in front of the High Court of Rajasthan? Instances of the Supreme Court, refusing to provide reservation to the weaker sections, based on their population strength? Law, often in India, is not what the Parliament makes but what the judiciary says what it is. Hence let us examine the caste compositions of the High/est judicial institutions; of the criminal justice system in the country? By the way, what is the caste composition of PUCL (Delhi), and other units? Is PUCL taking up the daily occurring rape cases against the caste victims?
As fait accompli, I am in UK for 13 years, after 30 year's development work among my Indian disadvantaged brethren (this work became a model for more than one state’s legislations); additionally two years I lived in a dilapidated Dalit hut - sharing their family life, reading and reflecting on several volumes, by and about the architect of the Indian Constitution and emancipator for India’s downtrodden masses. This helped me to understand some of the very basic and serious contradictions of my mother land and provides me with confidence to say that no intellectuals/ leaders in India, or elsewhere, acquires eligibility to work for the 85% of less fortunate Indian masses within the Constitutional framework without studying his biography, 'Life and Mission (by Dhananjay Keer)' and his own volumes on 'Annihilation of Caste’ and 'What Congress and Gandhi have done to the Untouchables' and also the 'Manusmriti' in full.
With this conviction, I dare to raise two simple questions to the activists and intellectuals of India, including PUCL members - Have you studied the above named books? Can you be intellectually honest in analysing the ills of India and in suggesting remedies? Eugene Culas
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