The year 2013 has seen a lot of changes in India in the evolution of Women’s Rights. On the one hand came the much needed legislation to protect women in their work spaces (some brave women confronted very powerful men who harassed them), and on the other hand came many more Nirbhayas and cases of unregistered crimes of atrocities against women.We have also come across many voices that speak about the attitudes of modern day women and how they contribute to the crimes against them.
What we now know is that the changes in law will not bring in the desired social changes, unless they are accompanied by changes in the minds of the people and that can only be brought about by sensitisation. This is where women can do themselves a huge favour.
A few bright young judges directly recruited as District Judges were discussing how they had to render acquittal judgements in many rape cases that came up before them for the simple reason that often the victim’s version was not corroborated by the material objects produced, or by the forensic reports or statements of other related witnesses. Simply put, it is like saying the victim alleged that the rapist was wearing a blue shirt, when the shirt seized from the rapist by the police and produced before court was black. With aggressive cross examination by the defence, what else could the judges do?
Having listened to these judge trainees, a lady activist, who was also a faculty at the Judges Academy, set them a simple exercise. She asked them to close their eyes for five minutes and think about their first sexual experience with their sweethearts. As she looked around, there were smiles on some faces. After the five minutes were up, she asked the trainees to come up one by one and share their recollections. The trainees were aghast at the request. If these bright lot of young lawyers, sitting in a relaxed environment, have trouble talking about their pleasant sexual experience, how could a traumatised woman recall with precision the details of that horrible event that she is trying to wipe away from her mind ? The lady activist drove home the point on sensitisation.
Protection for bothThe Prevention of Sexual Harassment Act, introduced in 2013, may make men uneasy. Male heads of departments fear that female colleagues can falsely accuse them of sexual harassment. But have they seen it from the perspective of the woman who comes to work?
Men must watch and mind their words and gestures. However, they must also be reassured that the new law has a penal provision to punish a woman who makes a false complaint. The new law may make men vulnerable to prosecution at the hands of scheming women. Yet, these laws are necessary. Men are now called upon to be like Ceasar’s wife. Above suspicion in their conduct, be it at home, or their work spaces. That makes women safe. Is that too much to ask for?
N.V. Sreejaya is a Family Law Practitioner for 25 years and Admitted Solicitor, England & Wales .
She writes a four-part series as a run up to the International Women’s Day on March 8
