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A Tribune Special
Combat crimes against women |
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Mind of the judiciary On Record Profile
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A Tribune Special The two marriages in question were not the same gotra marriages as erroneously reported in a section of the media. Grooms and brides in both cases belong to different gotras. Objections to these marriages rest on frivolous grounds — in one case some families of the bride’s gotra residing in her in-laws’ village while in another case the bride and the groom belonging to two neighbouring villages. Khap panchayat is largely a Jat institution around Delhi. It is a gotra-centric body covering a cluster of villages dominated by a particular gotra of Jats. All the members of a khap are supposed to be related to one another with ties of blood. This bhaichara (brotherhood) is the basis of solidarity. Marriage within the same khap is a taboo. Even marriage in the gawand (neighbourhood) is frowned upon. The khap is a medieval institution when Jats were tribals divided into clans. It acted as an instrument of security in an age marked by lawlessness. In modern times, it has outlived its utility when various institutions to maintain law and order are in operation. The functioning of khap panchayats in Haryana and elsewhere around Delhi poses some fundamental issues which must be given due consideration if the society has to retain its civilised character. First of all, the concept of bhaichara in the khap area which was the raison d’etre of the institution is a myth now. Improved means of communications, transport, mass media and the spread of modern education have exposed the rural youth to the outside world and have led many of them to reject the mores of tribal society. All the members of a khap are no longer regarded as brothers and sisters and the intimacy between the two sexes is getting quite common. When it takes the shape of a matrimonial alliance, this is taken as a threat to the haloed institution of khap and invites barbarous punishment. Secondly, the khap panchayat has no elective principle. Its so-called mukhias are self-appointed guardians of social mores. It has emasculated the electorally-constituted panchayats which give due representation to women and weaker sections. Thirdly, It has no idea of symbiotic relationship between tradition and modernity. Tradition untouched by modernity starts stinking while modernity cut off from tradition is shallow. It is the harmonious blend between the two which takes society forward. The lack of this understanding explains its rigidity. In this respect, the Gatwala khap of Malik Jats in Gohana sub-division of Sonepat district of Haryana has proved quite sensible. In cases of such marriages which recently rocked two villages in the state, the couple is advised to settle at any place other than the village of the groom and the issue is quietly buried. If this flexibility had been shown in the above two cases, the mammoth human tragedy — one young man brutally murdered while another narrowly escaped death after attempted suicide and his family currently living under serious threat — would have been avoided. Ravinder of Jhajjar district has been living with his aunt near Delhi for many years and had agreed to sever all relations with his parents while the deceased Ved Pal of Kaithal district had settled in Punjab. Fourthly, the observance of khap norms has become impractical with the changing complexion of rural society. For instance, Samchana village has more than 15 Jat gotras. If the khap norm of avoiding matrimonial alliance among these gotras is observed, marriage in this village is well nigh impossible. As such the norms have been relaxed. There are several villages in the khap belt which have about a dozen of Jat gotras, making matrimonial alliances a nightmare. Then there is a vast tract of land ranging from Fatehbad district in Haryana to Abohar-Fazilka in Punjab and adjoining areas of Rajasthan from Sri Ganganagar district to Bikaner, Jaisalmer and Badmer in Rajasthan where there is no khap system and every Jat-dominated village has almost all the Jat gotras prevalent in that area. Marriage in the same village is quite common in this belt. Chautala, a village in Haryana, that has produced several leading politicians in the state, has several dozen marriages among its different Jat gotras. Moreover, Punjabi and Bania communities in Haryana are quite flexible in matter of gotras in matrimonial alliances. It is only Jats wedded to khaps who still live in medieval times. The khap panchayat has become a law unto itself. It has evolved a parallel judicial system. Kangaroo courts are held and fatwas issued. Two ghastly incidents referred to above is not a rare occurrence. Several such episodes have occurred in the state and the culprits went scot- free. It is the kid-glove treatment meted out to khap custodians that has emboldened them to run amuck. A studied silence maintained by the leaders of all the political parties in Haryana except one left party is amazing. Consequently, Haryana has become a killing field for the youths eager for matrimonial alliances of their choice. The khap panchayat in Haryana sticks out like a sore thumb in the body politic — a diseased part incapable of being cured and hence needs to be amputated. It is time its unconstitutional activities were banned with a heavy hand. The Rajasthan High Court and the State Human Rights Commission took a suo motu notice of the functioning of the caste panchayats in the state and issued instructions to the state administration to apply a curb on them. The Home Ministry of Rajasthan vide its letter No. P-10(26) Home 13/98 dated February 14, 2001 issued instructions to the law enforcing agencies in the state to curb the unlawful functioning of the caste panchayats in the state. This has gone a long way to keep the monster under leash. Rapid advance made by Haryana in the material field is regressive in the face of growing moral decay and spiritual atrophy in the state, with a sizeable section of its population fast lapsing into the dark zone of barbarity and depravity. It is like getting all the riches on the earth after selling one’s soul to the
Lucifer.
The writer is Member, Administrative Reforms Commission, Haryana, Chandigarh
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Combat crimes against women CRIMES against women are steadily increasing in the country. According to National Crime Records Bureau’s (NCRB) Unique Crime Clock, 2005, the country reported one molestation every 15 minutes, one rape every 29 minutes, one murder every 16 minutes and one sexual harassment every 53 minutes. Crimes against women registered under both IPC (Indian Penal Code) and SLL (Special and Local Laws) have increased sharply from 2002 to 2006. In 2006, a total of 1,64,765 crimes against women were registered all over India in comparison to 1,43,034 in 2002, over 15 per cent increase. The recent National Family Health Survey–III reveals that one-third of women in the 15-49 age group face physical violence and one-tenth sexual violence. About 30 per cent of married women were victims of domestic violence while 25 per cent suffered physical or sexual violence at the hands of the husband in 12 months preceding the survey. From a comparison of the figures of crimes against women in India with advanced countries as well as neighbouring countries, it could be seen that crimes against women are showing an upward trend everywhere. Statistics from National Violence Against Women survey suggest that in the US, annually 5.9 million incidents of physical assault take place against women of which 76 per cent of the assaults are perpetrated by current or former intimate partners or dates. The condition in other developed countries is no better. The World Health Organization estimates that globally, one woman in five will be the victim of rape or attempted rape in her lifetime. In South Africa, a frightening 40 per cent of girls aged 17 or under have been victims of rape or attempted rape. In countries like Pakistan, Bangladesh, the percentage of reported crimes against women is far less than the actual incidence of crime. A large number of cases go unreported because the women victims and their family members are reluctant to report because of the fear of social stigma and shame. In India, most victims are from economically deprived and marginalised sections. They feel scared to complain against the powerful offenders. Non-reporting of crimes, particularly in cases of rape, is common even in advanced countries. In a study of rape cases in the US, Smithyman concluded but for every 100 rape cases only 25 per cent were reported to the police, 13 per cent were arrested, 9 per cent prosecuted and 9 per cent are convicted. Similarly, the British Crime Survey 2002 estimates that the incidence of rape in 2000 were around 2,000 as against the reported figure of 7,000. Women face maximum risks of violence from people like intimate partners, close family members, boyfriends or near relatives. According to a research study by the Institute of Social Sciences, sponsored by the Bureau of Police Research and Training, 75-80 per cent of the rape and other sexual assaults crime are committed by offenders known to the victims. In the US, according to the Bureau of Justice Statistics, about one-third of number of crimes against women victims were perpetrated by their intimate partners. The ISS study further revealed that irrespective of the type and nature of crime, young women between 15 and 30 years who are illiterate or poorly educated and belong to economically weaker sections are highly vulnerable to gender-specific crimes. An analysis of the secondary data compiled by the National Family Health Survey–III and the NCRB also confirmed this conclusion. In respect of cases of trafficking, the age of girls trafficked from and into India is coming down. In India, girls as young as 10 years of age are being trafficked. The same trend is being witnessed in other countries also due to misconception that sex with young and virgin girls will cure many sexually transmitted diseases and minimise the risks of contracting HIV/AIDS. Official statistics in India club kidnapping and abduction together. Though both offences are closely related, kidnapping is a crime involving minor girls while abduction involves adult females. Most cases of kidnapping are elopement of girls with their lovers. It will be useful if both crimes are registered under separate categories. A study conducted by New Delhi’s Centre for Women’s Studies aptly reveals that kidnapping and abduction represent two different forms of crime and a more accurate picture of actual abduction of women and girls would emerge if these two subcategories are separated and made into different categories of crime. In most crimes against women, the accused are able to get away unpunished. For example, in 2006, of the 36,689 cases of domestic violence, which completed trial, only in 8,687 cases that the culprits were convicted. In others, they were either discharged or acquitted due to factors like poor investigation and prosecution, gender insensitivity among police and judicial officers and long delay in trials. All this is helping the accused to repeat similar crimes. Offenders in gender-specific crimes are repeaters. Police probing crimes against women have to be trained and sensitised. In India, most investigating officers are not professionally competent and do the job in a casual and slipshod manner. Victims have often complained of apathy and insensitivity on the part of the police officers. This can be overcome through humane training and building an organisational culture of respect and concern for women. In India, women police officers (48625) as on Dec 31, 2006, comprise only 4 per cent of the total police strength. In Haryana and West Bengal, according to the ISS study, women police officers constitute around 3 per cent of the force. Their shortage hampers effective investigation of crimes against women. Moreover, in states with adverse male-female ratio, most crimes against women occur. To understand the nature and extent of crimes against women and take steps to combat them, victimisation surveys have to be undertaken. In the West, greater reliance is placed on data collected through victimization surveys than on police statistics which are considered unreliable. The British Crime Survey of 2002 reveals that according to their estimates around 60,000 women were reported to have been victims of rape during 2000 as against the figure of 7000 reported by the police in the same year. In India, victimisation surveys similar to those in the UK and the US have become imperative. Denial of rights such as right to life, right to health and right to education to women and girls is the most crucial consequence of violence against women. Studies in many countries have shown high levels of violence during pregnancy resulting in risk to the life of both the mother and unborn foetus. Crime and violence against women has a depressing effect on children. They develop various complex psychological and behavioral problems leading to the lack of concentration in studies, depression, difficulties in socialization etc. Studies suggest that the violent behaviour of males as grown ups was a result of their being witnesses to domestic violence in their childhood.
The writer, a former IPS officer, is Senior Fellow, Institute of Social Sciences, New Delhi
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Mind of the judiciary
A
feature of the Indian scene is that the judiciary is often able to take more sensible and enlightened decisions than the government. Two examples will suffice. One is the Delhi High Court’s judgement decriminalising homosexuality and the other is the Supreme Court’s verdict against the compulsory imposition of the mother tongue on school students. Both the decisions highlight the fact that the law is essentially a matter of applying common sense. Yet, this is exactly what the government almost always fails to do or dithers for so long to make up its mind that the issue becomes more complicated. The question of gay individuals, for instance, has been before the government for several years. But it remained indecisive evidently because it saw the controversial subject through the distorting lenses of the previous, more tradition-bound decades. As a result, it did not realise or chose not to understand, that large parts of the world were gradually dispensing with Victorian-style prudery if only because new scientific studies have negated the strongly held prejudices against this supposedly abnormal trait. But it isn’t only the ignorance of new findings and more tolerant social norms which made the government cling to a 19th century law. There were also political compulsions which were retrogressive in nature. The ruling party evidently believed that any move to legalise homosexuality would antagonise sizeable sections of people in what was regarded as an essentially conservative society and, what was worse, its cynical opponents would seize the issue to pillory it irrespective of the merits of the case. As a result, its rightness or wrongness would no longer matter as much as the urge to score points by exploiting biases and painting a frightening picture of the collapse of family and society. And, as in known, in a battle between obscurantism and rationalism as, for instance, on the validity of astrology, there is no chance for a scientific and logical outlook to prevail. If, unlike the government’s pussy-footing, the judiciary was not bothered by visions of Apocalypse Now, it wasn’t only because the judges were not in the business of winning elections. It was because they had the advantage of seeing the issue in the context of the present-day world where the rights of individuals are expanding. The fear that legalising homosexuality will encourage uninhibited licentiousness is more in the minds of bigots than something which is a real possibility. Besides, many of those who oppose the High Court judgement do not always seem too concerned about insensate communal violence. As in the case of all prohibitions, whether of alcohol or sexual behaviour, punitive measures merely serve to complicate matters by driving the suspected offenders underground. However, no government or political party will have the courage of conviction to acknowledge this proven fact of life for fear of losing ground to those elements who give primacy of place to stifling social norms over individualism. Nothing demonstrates this unfortunate tendency more than the cold-blooded killing of couples who defy the prevailing customs to marry. Clearly, those who approve of such murders, occasionally including even panchayats, regard the young lovers as having indulged in “deviant” behaviour, a term used for gays. One must be thankful, therefore, for the judiciary, which has no need to pander to any section and is able to consider the issues solely by the cold light of reason. It is this freedom from political currents which made the Supreme Court reject the Karnataka government’s pleas in favour of making Kannada the compulsory medium of instruction in schools. Earlier, the High Court, too, had made the same point. In this case, too, the rights of parents and educationists to choose the medium of instruction for school students have been upheld against the intrusive instincts of the government, whose compulsions are more political than academic. The main reason for the Karnataka government’s decision was not so much to aid the students in their pursuit of knowledge as to pose as the champion of the local language in a brazen display of parochialism. As always, the official explanation for this foray into the educational field was that the mother tongue facilitated the learning process and made the students aware of the local culture. Neither assumption can be taken at their face value. First, even if the mother tongue is helpful in the early stages, an excessive emphasis can have a damaging effect later in life because it restricts a person’s outlook. This is the reason why the High Court noted that such students may not be able to get even clerical jobs in a competitive world where English has become the dominant language. Secondly, nowhere was the crippling effect of the neglect of English more evident than in West Bengal where generations of young people became incapable of securing employment outside the state. As a result, the state government had no option but to overturn its earlier chauvinistic policy of teaching English only from Class VII. The claim that students imbibe their culture only through the mother tongue is a non sequitur. Culture is acquired more at home than in schools. If the mother tongue was crucial in this respect, one would not have seen the Shiv Sainiks accosting people in the Mumbai streets and beating them up if they could not speak Marathi. Clearly, learning the state’s language hasn’t made these rampaging goons the epitome of Marathi culture. In Karnataka, too, there are copycats of the Shiv Sena like the Karnataka Rakshana Vedike whose members attacked railway recruitment centres for neglecting the sons of the soil. Yet, no politician will acknowledge the flaws inherent in too much insistence on the local language. It took the High Court to point out that such a policy will simply make more and more parents opt for English-medium schools because they want a better future for their children. As a judge pointed out, the parents are willing to pay almost any amount to enroll students in such schools. Judicial activism has often been criticised and there may have been occasions when the courts have intruded into the domain of the executive. But even if such trespassing had occurred, it was for the right reasons, including the government’s pusillanimity in the face of fascistic attacks on the freedom of artists. One such case is that of M.F.Husain, who is still unable to return to India because of the threat to his life posed by Hindu fundamentalists. While the government has been both silent and inactive in this matter, despite its secular pretensions, it was the Delhi High Court which rejected the cases filed against him by saying that since “a painter has own perspective of looking at things”, it would not be “proper to hold that he had a deliberate intention of manifestly insulting Bharat Mata”. The court also pointed out that “ancient art has never been devoid of sex worship”. Again, no politician will have the guts to express such views since he will consider them politically unsafe. There is little doubt, therefore, that in a country where the political class tends to be excessively timid, the judiciary plays a vital modernising role. It is somewhat surprising, therefore, that when the judges display such a forward-looking attitude in most matters, they are strangely reluctant to allow a public disclosure of their assets. Their apparent fear is that the declarations may be used to harass them. Yet, common sense dictates that any attempt at concealment arouses suspicion while openness in the matter of personal wealth enhances the sense of respect.
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On Record Excerpts: Q: Do you have any idea about the total number of layoffs in the BPO sector in recent times due to the global recession? A: Honestly, I do not have the exact numbers because it is so dynamic and the firms change the status from layoffs to throwing out an employee due to non-performance.What we know, however, is that there has been layoffs at Goldmanachs, American Express, SAP (In SAP they have been asked to go on holiday for 15 days). The engineering graduates who got offer letters from the big companies are not being hired. The bad economic situation all over the world has hurt every industry. We are convinced that this will have an impact on IT professionals. Q: Do you differentiate between sacking of people and the supposed involuntary attrition due to performance in firms? A: Less than one per cent of layoffs are called as such and made public. Rest of the layoffs are camouflaged and attributed to problems in performance. During recession, there are less projects and productivity is naturally affected. Why weren’t there as many performance-linked firings in 2007? Who will ensure that performance appraisals are fair and not just an excuse to fire people? Companies have also suddenly started doing background checks on employees to find minor discrepancies. Q: Companies say they had over planned and over-recruited and the layoffs are now happening because they are trying to right-size. A: I totally disagree with this. If this is the case why were all the companies crying about a quarter back that they have shortage of manpower and they wanted intervention from the government to improve the education system so that more engineering graduate are available? How did manpower suddenly become surplus? Q: Do you see more layoffs happening in the next few months? A: Layoffs will not happen if the companies explore non-US markets, non-English speaking markets and move up the value chain by enhancing their employees’ skills. The Indian domestic market is also huge and the companies can look at this instead of sacking employees. Q: Are sacked employees being
compensated? A: Publicly laid off employees get their dues according to the law. In silent layoffs, they are just paid till the date of their termination. In a few cases, employees have been allowed to encash their
leave. Q: Are IT firms following the law in sacking people? A: The Industrial Disputes Act would consider most IT employees “workmen”. The Act requires firing firms to give a month’s notice in writing, 15 days of pay for each year served and inform authorities about layoffs. There is no evidence that IT firms are following these provisions. Q: Is the government soft on IT firms? A: If a manufacturing firm removes employees, the government tries to prevent it. But even when affected IT employees approach authorities, nothing comes out of it. IT contributes to 5 per cent of the GDP. As these “companies” can shift their business to another country literally at the click of a button, the government prefers to stay out of the way. Unlike factory workers, IT sector workers also do not bond as a collective group.
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Profile Dr Shetty now wants to come to Delhi. His project envisages lowering surgery costs and using the tool of electricity bills to collect premium payment of Rs 10. The project will ensure world class treatment to Delhi’s poorest, currently available only to the rich of a city of 15 million. The Delhi Government has responded favourably. It was in Kolkata that Dr Shetty’s work attracted the country’s attention. He also had the honour of being Mother Teresa’s doctor. She treated her every time she fell sick, especially before she breathed her last. He subsequently moved to Bangalore and gave shape to his brainchild — the Narayana Hrudalaya, a world renowned facility for heart treatment. Patients from neighbouring and even developed countries come to the facility for his expert advice. Dr Shetty’s achievements have been incredible. He is the first surgeon in India to venture into neo-natal open heart surgery. He performed the world’s first open heart surgery to close a hole in the heart with the help of a microchip camera. Dr Shetty’s another claim to fame is his effort in reducing the cost of heart operations. The package pricing system devised by him has made heart surgery affordable to the common man. His greatest achievement has, however, been his work with children. He operates free for those under twelve, and his 13,000 operations, in a 16-year-span, include 5,000 children. He admits that it was extremely difficult treating the little kid, Noor Fatima, from Pakistan. For him, compassion is the biggest thing in life. He has gone on record saying, “if I am given a choice I would like to treat only the poor patients but unfortunately the economic reality does not allow me to do that”. His personal message is loud and clear: make cardiac surgery affordable by creating a chain of heart hospitals in every state to serve the common man. Born in 1953 in Karnataka, Dr Shetty completed his graduate degree in Medicine and post-graduation in General Surgery from the Kasturba Medical College, Mangalore. He attained basic training in Cardiac Surgery at the West Midlands Cardiothoracic Rotation Programme. This was followed by his appointment in the Cardiothoracic Unit of the Guy’s Hospital London between 1983 and 1989. Before being an entrepreneur in 1989, he returned to India to help set up a 140-bed B.M. Birla Hospital in Kolkata. Haling from a business family, Dr Shetty wanted to do something on his own. “Since my family was willing to invest only in Bangalore, in 1997 I shifted base to the Karnataka capital,” he has been quoted as saying. Dr Shetty says: “I realised that to make a difference in healthcare, we have to address the problems of poor people and middle class families in the country.” His goal has been to make cardiac surgery affordable by creating a chain of heart hospitals in every state. “I don’t enjoy being an entrepreneur, I enjoy being a surgeon. But if I have to run my facility well and give wings to my dream, I know that I have to be at the helm,” he explains. Dr Shetty’s initial plan was to start a cardiology hospital in a joint venture with the Pai family of Manipal. But when he realised that they were not that aggressive in their expansion plans, he parted ways with them to start on his own. He obtained 20 acres of land from the government. An amount of Rs 70 crore, required for the building and equipment, was pumped in by his father-in-law. Thus, on May 8, 2001, Dr Shetty founded Narayana Hrudayalaya with 250 beds. Since then, there is no looking back for
him.
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IN its lead editorial in The Tribune (July 25), a question is posed in all anguish: “Who rules Haryana?: The law or the khaps?” The answer is resounding: “the khaps”. From meddling into marital affairs to ostracising a family and lynching a young man for violating khap norms of marriage, the institution of khap panchayat in Haryana has traversed its hideous journey from the grotesque to the macabre.
UNITES, a union of information technology, call centre and BPO employees, has been striving to create “a distinct and cogent link” between the employers and the employees at various levels. Karthik Shekhar, its general secretary, who monitors the UNITES’ activities from its headquarters at Bangalore, speaks to The Tribune about layoffs in this crucial sector.
WOULD you believe if someone tells you to take the best healthcare to the poorest just for an insurance premium of Rs 5? Your initial reaction would be — it’s ridiculous, some kind of a hoax. No, it isn’t a prank. Dr Devi Prasad Shetty has done it. He launched a unique health insurance project in Bangalore in 2002 which was adopted by the Karnataka government, providing world-class healthcare to three million people in the state.