Women and the civil society throughout India are protesting the recent controversial judgement by Justice Pushpa V Ganediwala, of the Bombay High Court, regarding a sexual assault case of a minor. Enakshi takes a hard look at women’s safety and dignity, exclusively for Different Truths.
A lot has been happening in the country. A lot is being said. While the women are groped, raped, or abused, the menfolk bask in the glory of our flawed judicial system. While once most of the women were a victim of patriarchy that was perpetuated through inadvertence, now, the same women battle with the society to find a safe place for themselves.
While nations and the citizens advocate feminism, demanding equal rights for women, they lose sight of the prevailing issue of safety in the world. Known to be one of the most dangerous countries in the world for women, India is still the repository of rape cases, domestic violence, eve-teasing, and sexual assaults. Remember the Nirbhaya case that took place on the fateful night of 16th December 2012? After battling with death and finally losing the fight, Nirbhaya could only taste justice after a long span of eight years. Such is the law of our country!
In the recent events, when the Bombay High Court arrested 39-year-old Bandu Ragde on the account of luring a 12-year-old into his house on the pretext of giving her guava and then ‘sexually assaulting’ her (mind you, not by touching skin-to-skin) by pressing her breasts and attempting to remove her salwar, the people did not expect Judge Pushpa V Ganediwala to classify this act under the offences that do not require a higher punishment. Instead of acquitting the guilty under the POCSO (the Prevention of Children from Sexual Offences) Act, the Bombay High Court acquitted the man under the India Penal Code (IPC) for a lesser offence. As if this was not enough, as a part of her statement, Justice Pushpa V Ganediwala said that there must be ‘skin-to-skin contact with sexual intent’ for an act to be considered sexual assault.
This statement of hers has angered the sentiments of many. Knowing that complaining or reporting this heinous act will reap no benefits, the fear has seeped in once again. Yet again, the women have been pushed behind the facade of ‘safe society’. Even though the protests by the women all over the country are in full swing, their voices are still the voices in the wilderness because as long as the menfolk won’t understand the severity of this decision, the change will not happen. It is even more disappointing that a lady judge has taken this decision.
Most of us undergo this trauma at least once in our lifetime when the pinching of the breasts, pulling of the dupatta, or a brush of the hand across the neck leaves us frozen. We are told then that men are like that and that it shall pass! But does it ever pass? The disgust, the humiliation, and the fear of ‘it’ happening again never leaves our minds. When the ruling authority rejects our plea to punish the one who disrespects a woman’s dignity, what are we supposed to do single-handedly to salvage our honour and dignity? Is our strength enough?
Where is the world headed? Where is the path that seems too perfect? Where are the men who fight for honour? Where are the women who are treated with respect? As I tread on this lonely road, All I can see is darkness and maze-like galleys! Even when the glint of hope shines bright, The whooshing wind blows it off!
Till when will this fight continue? Till when will we strive to find a place in this world? Won’t we ever be safe in our own skin, our own house and with our own people? The insensitivity and the hatred will soon lose their path and hope and light with light the way. That is the hope – to continue to fight till we are heard and respected.
Visual by Different Truths