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Tag Archives: rape

On Topic: The May Review

The month of May witnessed several historic judgements and events, from Soni Sori’s Award for Human Rights Defenders at Risk to the stay on Vedanta’s Sterlite Copper smelter in Tuticorin. On Topic reviews some of the news that prompted progressive conversations about gender, women and the marginalised.

Legal Judgements (India)

  • The Delhi High Court passed a judgement to regularize Kashmiri migrant teachers, who came to Delhi in 1990-93 to escape communal violence in their homeland. These teachers have been noted to work without the benefits allowed to regular teachers, such as pension, and for less than full pay. The judgement recommends that all Kashmiri migrant teachers be recognised as 'regular' teachers from the date of their appointment, and be paid the differential amounts they are entitled to.

  • The Guwahati High Court has directed a committee to study and report on the challenges faced by the transgender community in the state, and make recommendations that the state of Assam can implement for the community’s welfare. The state has been directed to examine and implement these suggestions in 6 months. Read this judgement here.

  • The Madras High Court has directed authorities to allow a child’s birth certificate to have no named father. Mathumitha Ramesh, mother of Tavishi Perara, separated from her husband by mutual consent. Tavishi was born in April 2017, through intrauterine fertility treatment. Initially, Tavishi’s birth certificate named a sperm donor as her father. After repeated appeals to the high court by Mathumitha, and separate affidavits from both her ex-husband and sperm donor, the high court directed authorities to not demand the father’s name. Tavishi is likely to be India’s first child without a father. The judgement will be passed on 11 June.

Events

  • May 2018 saw protests against Vedanta once again. Sterlite plants set up in Tuticorin, where it was observed that environmental rules regarding pollution regulation were not being followed, resulting in gas leaks that caused fatalities. Despite on and off protests in the region for 20 years, it only recently came to national attention, when Vedanta proposed to expand the plant. When protesters took to the streets, police opened fire without warning. Nine protesters were killed, with several others critically injured, in this brutal attack by the police. The Tamil Nadu government has ordered that the plant be shut permanently.

    Vedanta has a long history of violating environment protection rules. The Dongria Kondh’s struggle against bauxite mining resulted in the government shutting down Vedanta’s bauxite mining plant in 2016. 2016 also saw writers and activists protesting Vedanta’s sponsorship of the Jaipur Literary Festival in London.

  • Tribal activist Soni Sori received the 2018 Award for Human Rights Defenders at Risk. Soni Sori has been leading protests against sexual violence and alleged fake encounters in conflict zones in Chhattisgarh and other regions of central India. She has also defended educational institutions from Maoist groups. In 2016, she was the victim of an acid attack by unidentified persons. Soni Sori is one of five recipients of the award, established by Front Line Defenders, an Ireland-based human rights organisation.

  • May saw the celebration of IDAHOBIT 2018, the International Day Against Homophobia, Biphobia and Transphobia. In an organised campaign by POV Mumbai, people of different genders and sexualities shared their stories and experiences as part of a series called 'Life Only'.

Popular Culture

  • Recently released movie India Never Again Nirbhaya, based on the events of the Delhi 2012 gangrape, has come to the fore for its questionable poster. This article on The Ladies Finger brings to question the tendency of male writers and directors to fetishize gendered violence.

  • May 11 saw the release of Alia Bhatt starrer Raazi, which is based on Harinder Sikka’s novel, Calling Sehmat. The story follows Sehmat, an Indian spy who is married off to a Pakistani to obtain information. The movie has been lauded for its actors' performances, as well as its portrayal of women. Several reviews have commended the movie for not succumbing to the typical ‘war-is-sacred’ ideology, by maintaining the female protagonist’s personality, and not allowing for the typical patriotic sense of duty that is often depicted on screen. Here are some reviews (spoilers)!

World

  • Loujain al-Hathloul, a well-known activist for driving rights for women in Saudi Arabia, was arrested in early May, according to a report by Amnesty International. Weeks before the removal of the ban on women driving, an organised campaign to defame and discredit several activists for the cause has been observed. Despite the historical move to remove the ban on driving, the crackdown on dissenters is telling of a problem that is much more deeply rooted.

    Since reports of the removal of the ban on driving, men have taken to tweeting about their displeasure with the decision. Saudi women reclaimed the Twitter hashtag that translates to “you won’t drive”, by posting pictures of their future cars.

  • On 25 May, a referendum was passed to remove the Eighth Amendment of the Constitution of Ireland which disallows abortion unless the pregnant woman is in mortal danger. However, in 2012, Savita Halappanavar was refused an abortion, as doctors determined that her life was not in danger, despite foreseeing that she would miscarry. Her death was catalytic in the pro-choice protests. Five years later, Ireland has repealed the Eighth in a historical referendum, with a 66% majority, now allowing women to terminate their pregnancies.

  • Kashmir Women’s Movement was launched in London, in response to “the unprecedented state terrorism perpetrated by the Indian forces on women and youth in the occupied territory.” The organisation aims to bring international attention to the human rights violations being committed in occupied Kashmir by the Indian armed forces.

  • Pakistan’s Parliament has passed a new law, the Transgender Persons (Protection of Rights) Act, guaranteeing basic rights to transgender citizens and outlawing discrimination in the workplace. The law allows citizens to express their gender identity, which is defined by the law as, "a person's innermost and individual sense of self as male, female or a blend of both, or neither; that can correspond or not to the sex assigned at birth,” and have it recognised in all legal documents, certificates and identity cards.

    Meanwhile, the Ministry of Social Justice and Empowerment of India has submitted the proposal for amendments to the Transgender Persons (Protection of Rights) Bill, 2016. The recommendations were drafted in December, 2017, nine of which have been finalised, including a revised definition of ‘transgender’. The 2016 bill received criticism from activists, and it remains to be seen whether these changes will be implemented progressively.

Sports

  • After the decision of the Indian Olympic Association to replace sarees with trousers as the official attire for women athletes during the opening ceremony of the Commonwealth Games, athletes have recommended that sarees be removed during the opening ceremony of the Asian Games as well. Representatives of the IOA have confirmed that the saree will not be part of the opening ceremony.

  • Sjoerd Marijne, who was assigned as coach to the Indian national men’s hockey team before the Commonwealth Games, has returned to the Indian national women’s team, following reports of disagreements between the men’s team and Marijne after a disappointing performance. In an interview for The Indian Express, he spoke about being glad to work with the women’s team again. Ironically, the interview is titled ‘Important that women get a voice, says Sjoerd Marijne’.

    The women’s national hockey team made it to the finals of the Asian Champions Trophy as defending champions, but lost to South Korea.

Gender-based Violence

  • After widespread protests against several cases of child rape across the country, Union Home Minister Rajnath Singh has cleared the way for a women’s safety division in the Home Ministry. Following the rape and murder of a minor girl in Kathua, the Centre has also the Criminal Law Ordinance, 2018, which provides for death penalty to rapists of girls under the age of 12, and proposes a national registry for sexual offenders.

    Several feminists have criticised the proposal, since the creation of such a registry, in the fashion of the United States, has been reported to have done more harm than good. The registry requires detailed descriptions of assault, which is not only insensitive to the plight of the victim, but also puts them at risk of being identified and further harmed. It also undermines an individual’s right to privacy, criminal or not. Such a registry is bound to lead to situations where certain groups are targeted for the purpose of being controlled. If such a registry were to be created, reports of sexual assault would also inevitably decrease, since perpetrators of such violence tend to be members of the family or somehow known to the victim. This reluctance to file a complaint would only increase, and thereby, violence will remain unchecked.

    The proposed death penalty has also received mixed reactions. Studies suggest that the death penalty does not deter perpetrators, and instead increases the likelihood of the victim being murdered, to ensure that they are not able to testify. It is even less likely that the victim would report the crime when the perpetrator is a member of their family, if the death penalty is implemented.

  • UN experts have called on the Indian government to protect journalist Rana Ayyub, who has been receiving death threats. Ayyub, author of Gujarat Files: Anatomy of a Cover Up, has been on the receiving end of a social media smear campaign. She wrote for The New York Times, detailing the attacks that were made against her. Experts recalled Gauri Lankesh, who received death threats before ultimately being murdered. It has been noted by the UN that the current government has not attempted to resolve the hostility against dissenting journalists and media people.

  • Asian College of Journalism defended its faculty member, Sadanand Menon, who has been accused of sexual assault by a student, by claiming that the college is being targeted because they are liberal. Menon appeared in Raya Sarkar’s List, but has recently come under more flak, after activists demanded that he be investigated. Amidst claims about attacks against the college, The Caravan published a series of articles about the matter. In one piece in this series, V Geetha writes about the structures that protect ‘important’, intellectual men, arguing that these systems “consider the minds of these men to be of greater value than the bodies of those women.”

  • On May 27, three transgendered persons were assaulted in Thane by workers of the Maharashtra Navnirman Sena, which is led by Raj Thackeray. The attack was reportedly prompted by the victims’ involvement in robbery and prostitution. Contrary to this claim, the police have declared the three were only begging. The incident sparked protests in Mumbai, organised by queer collective LABIA, which works with lesbians, bisexuals and trans persons, demanding stringent laws to protect the rights of transgendered people.

May at Zubaan

  • Manjima Bhattachrajya’s Mannequin: Working Women in India’s Glamour Industry was launched at an event organised by Jagori and Zubaan, on the 1st of May, at the India International Centre Annexe, Delhi, and has been receiving  some  great  reviews. We also released The Empty Room by Sadia Abbas this last month — on sale on our webstore!

  • The Indie Comix Fest, held for the first time in Delhi, saw Drawing the Line contributors Vidyun Sabhaney Ita Mehrotra as organiser and panelist, respectively. Zubaanis Ishani, Meghna and Sukruti also attended the event, speaking about Zubaan’s work in publishing graphic books as an independent, non-mainstream publisher.

  • Applications for the Zubaan-Sasakawa Peace Foundation Grants closed on 15th May. Selected candidates should expect to  hear back by the 15th of June!

e-Essays from Zubaan: 11 July, Sexual Violence

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Our e-Essays project is now LIVE! Previously-released essays are available here, and each month a new essay is available for free with any other purchase.

To be added to the mailing list, subscribe here!

We opened our offering of the e-Essays with a focus on Indian women’s movements. Our second lot of e-Essays are picked from two brilliant volumes on sexual violence. The three pieces differently focus on the loci of this violence: both men and women in militarised Kashmir, a single survivor narrative in Nagaland, and Dalit women in the jogini system, at the intersection of various structures of patriarchal and Brahmanical violence. Published between 2011 and 2016, the authors of these pieces use survivor narratives and analysis to examine the culture of impunity around sexual violence and its varying contributing factors.


1) 'Sexual Violence' by Aloysius Irudayam S J, Jayshree P Mangubhai & Joel G Lee from Dalit Women Speak Out: Caste, Class and Gender Violence in India, 2011.

5_Sexual Violence from Dalit Women Speak Out_coverExposing the vulnerability of Dalit women to both gender-based exploitation and caste-based violence, this essay investigates the threats that follow the women into their homes, their workplace, and the streets. Covering the many different structures that enable and even perpetuate such violence, the essay focuses in particular on the jogini system that legitimises prostitution even as it creates a circle of exploitation and social discrimination. 35 pp.
Read more.

₹70.00

Aloysius Irudayam S. J. is currently the Program Director for Advocacy Research and Human Rights Education at the Institute of Development Education, Action and Studies (IDEAS), located in Madurai, Tamil Nadu.

Jayshree Mangubhai is a Senior Human Rights Adviser with the Pacific Community (SPC), a regional organisation that provides technical and scientific advice to Pacific Island governments, based in Fiji.

Joel G Lee is an Assistant Professor of Anthropology at Williams College, Massachusetts, USA. He teaches and conducts research on caste and religion in South Asia.


2)'Breaking the Silence: Sexual Violence and Impunity in Jammu and Kashmir'  by Sahba Husain from Fault Lines of History, 2016. 

6_Breaking The Silence from Fault Lines_coverSahba Husain's essay illustrates how sexual violence in the context of Kashmir takes on another layer of meaning as a deliberate strategy employed by the armed forces. It targets both women and men and has a bearing on their daily lives that are subsumed under the shadow of militancy.

Much of the analysis in the essay also stems from personal accounts of survivors who have different allegiances and religious backgrounds, which has affected them differently and has allowed the author to delve deeper into their varied experiences. 45 pp.

Sahba Husain is an independent researcher and women’s rights activist. Her research in particular focuses on the societal and gendered consequences of militarization and armed conflict in Jammu & Kashmir. Currently, she is working on writing a non-fiction book about her activism in Kashmir.

3) 'Memories of Rape: The Banality of Violence and Impunity in Naga Society' by Dolly Kikon from Fault Lines of History, 2016.
6_Breaking The Silence from Fault Lines_coverWith the Indo-Naga peace negotiations going into their twentieth year and no concrete resolution in sight, the area stands witness to many dying hopes. In this chapter, Dolly Kikon  takes an insider's view to re-contextualise incidents of violence in the conflict-ridden terrain of Nagaland.
The area of focus is the Naga woman and her experiences of occupying a space that is fraught with conflict and sexual abuse. This figure is studied as an often-neglected survivor of cultural violence, whose voice is constantly suppressed by the masculine gaze, be it of the insurgent elements or the state armed forces. 33p.
Dolly Kikon is a professor of Development Studies and Anthropology at the University of Melbourne, Australia. Her research looks at development initiatives, gender, law, extractive resources and human rights in Northeast India. Before obtaining her PhD in Social and Cultural Anthropology from Stanford University, USA, she worked as a human rights lawyer in Northeast India.

Free in July, with the purchase of any other essay:
4)  'Towards a Feminist Politics: The Indian Women's Movement in Historical Perspective' by Samita Sen from The Violence of Development: The Politics of Identity, Gender
& Social Inequalities in India
, 2002.

1_Towards a Feminist Politics from Violence of Development_ coverSamita Sen’s essay traces the history of the Indian women’s movement from the 1920s to the present day. The chronological as well as thematic logic of the essay follows three primary heads: a historical background, the Uniform Civil Code (UCC) controversy, and the political implications of the reservation for women in legislatures.

For Sen, a new feminist politics has to address struggles of class, caste, community, religion et al, without displacing gender as the central concern, making this essay one of crucial importance for understanding the origins of the issues facing feminist politics today.  53pp. Read more.

₹70.00

 

 

Samita Sen is Director, School of Women’s Studies, and Dean, Faculty of Interdisciplinary Studies, Law and Management, Jadavpur University. She writes on education, the women’s movement, marriage, domestic violence, women in governance and women’s land rights.


A note on pricing, frequency and format:

Ten new essays are released each month, and subscribers receive each new set in their inbox three times a month. The essays range from just a few pages to 100-page chapters, and we have therefore created three pricing tiers: 50, 70 and 95 rupees. Responses to our test survey in March indicated that a majority of readers would be willing to pay up to Rs. 100, so we've kept even the longest essay under that amount. The vast majority of our readers also included PDFs in their preference of format, and we have therefore standardised all our essays in PDF files.

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