Ever imagined that a family could encourage its daughters to become prostitutes?

Rajasthan’s Nat community has a tradition of prostitution. This nomadic tribe which previously engaged itself in street performances later adopted “commercial sex” as its traditional occupation. Other communities like Rajnat, Kanjar and Bedia tribes also follow similar tradition in the state.

Family Irony

The Nat community is patriarchal and male dominated. The women in the community may be divided into two groups prostitutes and non-prostitutes. The sex workers in spite of their earning status are shunned by both society and their families. They are given less respect in comparison to the married women.

The sex workers are not allowed to attend auspicious rituals or marry within the community. Conversely, the married women are expected to be chaste. They are expected to wear veils and maintain distance from elders. Pre-marital sex and extra-marital affairs are condemned in the Nat society.

Nat males are forbidden to be clients of the sex-workers. The sex-workers are expected to have professional relations with their clients. They have to share their profits with the pimps and sometimes retired female sex workers. It is observed that a retired sex-worker totally depends on the income of these young prostitutes for her survival.

A sex-worker is the most important earning member in the family who is also bestowed with the responsibility of getting her brother married. However she is not allowed to marry with in the community.

How do they enter the profession?

Segregation of girls start at a very early age. The “prospective” sex workers are given training by pimps and retired prostitutes where as the other girls are taught the fundamentals of family life.

Lack of education, awareness, empowerment and institutionalization are major reasons for the girls to enter the profession.

Ceremony of Nath Uttarai

The clients pay highly for a virgin girl. The first intercourse is mark of celebration with in the tribe. The girl who is dressed like a newly-wed, wears a nose ring which has to be removed by her first client. The client is considered the husband of the girl and he is given preference over other clients in future. The high price for virgin girls motivates the families to sell their daughters soon after attaining puberty.

Concerns

1. Lack of education and knowledge available to young women has adversely affected their ability to make decisions.
2. They are exploited by both pimps and retired female sex workers.
3. There are greater chances of acquiring sexually transmitted diseases especially AIDS as the sex workers practice unprotected commercial sex. There is considerable lack of awareness with in the community with regard to sexually transmitted diseases.
4. The young girls are now being trafficked by the pimps to other areas including Delhi and Mumbai. The clients in the metropolitan cities pay higher prizes than those in the villages.
5. The greed for higher price lures the parents to sell their daughter as soon as they attain puberty.
6. Although they are the earning members of the family, their status is low.
7. The children are financially and socially depended upon their maternal uncle.
8. Since the sex-workers are not allowed to marry in the community, their is an increase of marriages taking place between a Nat Male and A Non-Nat Female.

Conclusion
The female sex workers amongst the Nats are being exploited at every stage both by their family and society. The income generated by selling their bodies barely reaches them. The intermediaries take a chunk of profit from their earning. Unprotected commercial sex with clients is prevalent. The rights of their children are hardly enforced. Not only the prostitutes but their children also suffer considerably.

Awareness must be spread amongst the women. Alternative employment should be arranged for those who wish to leave the profession. Education must be ensured for both males and females. The retired sex-workers must be rehabilitated. Presence of pimps and female trafficking must be checked. The involved of minor girls in the trade must be curtailed. Efforts should be made to bring the community with the mainstream. Gradual changes must be brought in the perception of the community as a whole.

Picture Credits:Picapp

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1. Every year number of custodial deaths increase considerably.

2.  From 1994-2008; 16,886 custodial deaths were recorded.

3.  In 2007-08; 188 and 1789  people died in police and  judicial custody respectively.

Definition of Torture

Article 1 of United Nations Convention against torture, 1984 defines torture as:-

Any act by which public officials intentionally  inflict severe pain or suffering ( physical or mental) to a person for fullfiling certain purposes like seeking information or a confession, punishment, intimidation or discrimination of the victim.

Indian Position

India signed the UN Convention against torture in 1997 but did not ratify it. Ratification is a process through which countries implement an international convention through a domestic legislation. The government recently decided to table Prevention of Torture Bill 2010 to address the issue. However the bill stands flawed on various grounds.

Definition

The  Bill defines torture in a  limited sense. It states that if a public official  intentionally does an act to seek information or confession from a person by inflicting

(i) grievous hurt to any person; or

(ii) danger to life, limb or health (whether mental or physical) of any person it would amount to torture.

Hence if a harm is inflicted on a person intentionally by a public official to seek information only then it would constitute torture.

The definition not only ignores other purposes of torture like punishment and intimidation but also  makes infliction of grievous hurt or danger to life a necessary condition. Nevertheless, torture sometimes  include abuses like sleep and food deprivation, forceful positions and exposure to intense and continuous noise which are outside the ambit of physical harm or danger.

Further, Section 4 states that intentional infliction of grievous hurt must be coupled with animosity against a group in order to establish the crime of torture. Thus, if  a public official  inflicts grievous hurt on a person to extract information he would not be liable  unless it is proved that he had animosity against a group or community to which the person belonged.

Defects :-

Section 6 states that a prior government sanction is required in order to prosecute a government servant. The section leaves wide scope for partiality and manipulation. A government may be biased towards its own employee. Also, it would be difficult for the victims to obtain such sanctions.

Moreover the limitation clause in Section 5 states that a complaint must be registered within 6 months of alleged torture but fails to recognize that sometimes the victims are subjected to prolonged torture which may last more than the specified period.

There is no provision with regard to self- incrimination. The bill remains silent on the scheme of compensation and thus relies on courts to decide the amount of compensation is such cases. No appropriate review mechanisms to check interrogation practices are established under the bill. There is no provision to provide immediate legal help to those who have been arrested.

The convention states that no country must extradite a prisoner to another nation which has harsher laws than that prevalent in it. The bill fails to recognize this clause of the convention and remains silent on the issue.

Recommendations

1. The definition of torture must be revised to include other purposes of torture like intimidation, coercion, punishment or discrimination.

2. Compensation Schemes must be enumerated in the bill.

3. Proper review mechanisms for interrogation must be established.

4.Clauses like procurement of  prior governmental sanction and  limited time period to file complaints must be removed.

5 A prohibition on the expulsion, return or extradition of persons to States where there are substantial grounds to believe those persons will face torture or cruel, inhuman or degrading treatment must be added.

6. Immediate legal aid must be provided to the arrested.

7. Other forms of torture which may not necessarily be physical in nature must be included in the definition.

Conclusion

It is unfortunate that after lapse of 13 years the government has come up with an inefficient piece of legislation which doesn’t even recognize the International Convention which was signed by India. The restrictive clauses in the bill would  help the perpetrators rather than assisting the victims. The bill must be reviewed carefully and necessary changes must be incorporated.

In the present form the bill is a license to torture rather than a prohibition to inflict harm.

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The court observed that because of lack of nutrition her body was unable to recover from the injuries which were result of both exorcism as well as self infliction and awarded all the four accused imprisonment of six months.

Recently a similar instance happened in Kodinar near Rajkot. Farida (36 yrs) died when she was not given food for 22 days and made to sleep on sand under sun by her husband and in-law who believed her to be ‘possessed’.

Epilepsy or Possession

Epilepsy (also known as fits or seizures) results from rapid uncontrolled electrical activities of the brain. This could result in contraction of muscles and loss of consciousness for several minutes. The patient may fall on to floor, shake tremendously, urinate or foam at mouth.

Some people consider these symptoms signs of possession. In places like Mehendi Pur Ke Balaji, Rajasthan many frauds are self proclaimed specialists in treating cases of possession. Due to lack of awareness many people are duped in to this trap.

The treatment is not only orthodox but cruel most of the times. Blowing cow-dung smoke, burning pig excreta, beating or pulling the victim’s hair and reciting prayers or mantras are common. The worst suffers are women patients who are sometimes molested, raped or sexually harassed in name of the ritual.

Exorcism: the Global Phenomenon

Exorcism means “to bind by oath”.  It is a ritualistic act of driving out evil spirits from the victims body. It is believed that through exorcism saints in various religions and communities win over evil.

In Ethiopia many forms of zar possession are known to occur.  Zar spirits typically possess women whose husbands intend to marry an additional wife or there are domestic conflicts present in the family.  Exorcism of the zar spirit results in a complicated, large and expensive dance ceremony for the victim.

After the expensive ceremony wives have been known to threaten a relapse if their demands are not met; consequently extorting further economic sacrifices from their husbands. The “zar possession strategy” to get needs met has been adopted by women (and some men) throughout the world: Muslim Somali, Muslim Sudan, Egypt, parts of North Africa, Arabia, East Africa, Arabia, South America etc. The ritual mainly guards the notions of family in these cultures.

When Exorcists were Doctors:

The works of the Exorcists in some societies were similar to doctors in the present times; they cured illness, misfortune and tough luck of their patients.

In ancient Mesopotamia both physical and psychological sickness were considered result of possession. Ancient Babylonian priests were required to destroy the wax image of a demon in order to destroy the attached spirit. Treatment included prayers as well as direct challenges to the demons which were believed to inflict diseases of every type.

Judaism exorcist rituals can be traced back to the 1^st century AD.  The dybbuk is considered an evil spirit which possesses the soul of its victim causing mental illness and changes in the personality. The dybbuk is exorcised through the victim’s small toe and may either be redeemed or sent to hell.

Shamanism is another similar example. The word shaman comes from the language of the Arctic Tungus which means “one who is excited, moved, or rose.” The shaman is one who dominates spirits and can introduce them into his own body on his choice. “Arctic Hysteria”, the distress caused to women in chilling winter months in Polar Regions is often termed as spirit possession.

Positivist Stage

Nowadays people have set aside their inhibitions and hesitations in visiting a doctor or a medical practitioner. The help of psychiatrists and counsellors are now being preferred. There is more emphasis on the scientific reasoning rather than the spiritual thoughts. Many diseases like jaundice were earlier considered to have spiritual origin but now people have started taking medical advice.

We are conditioned to respect the almighty and fear the evil. The annual celebration of Halloween has somewhere kept the  belief alive that the ghosts and spirits exist.

Exorcism was probably evolved to overcome the miseries of people. In past, there no medical aid was access-able. It was the only effective and viable solution available. Many psychological problems were healed, relations were protected (like Zar possession in Ethiopia) and people were encouraged to be benevolent.

The social evolution has transformed the beliefs of the people. Exorcism in most of the cases has been diluted to mere fraud and superstition. The people (mostly poor and illiterate) are deceived by the self proclaimed religious healers. The lack of medical facilities in villages and poor understanding of epilepsy has encouraged the practice. The Epilepsy Task Force in Sri Lanka has been applauded worldwide for its awareness campaigns in villages. The task force which consists a multi-disciplinary team of doctors and social workers has been instrumental in providing advance medical treatment to the patients.

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“Joining CRPF was the biggest mistake of my life. I have realized that the country doesn’t honor its soldiers and it is better to take voluntary retirement after 20 years of service than to be treated as a pawn” says an anonymous CRPF jawan. His opinion reflects the thoughts of thousands of CRPF jawans who have been treated worse than a cattle both by the state and their departments.

Most of the soldiers in the paramilitary forces like Central Reserve Police Force (CRPF) have lost their faith in the system and think they are being used as scape goats by government in war against the Naxals.

Compared to the army, the paramilitary forces have more to lose than to gain. The job benefits are very low in comparison to the army whereas the chances of death on duty are considerably high.

If we examine the current situation of CRPF, we find that their disillusionment may be justified on various grounds. The problem needs to be seen in context of two major issues :-

1. On-duty deaths

2. Voluntary Retirement Schemes

On-duty deaths

Insurgency is undoubtedly one of the biggest problems in the country. The force is mostly deployed in Naxal effected areas over the last 5 years and has been witnessing the game of life and death everyday. The soldiers are expected to fight insurgents without proper strategic and military support. The encounter with Naxalites is a routine affair for them.

The Naxalites are well aware of the internal areas and they use it to their advantage. They are experts in Guerrilla warfare tactics and successfully trap their prey.  Their strategy is to exhaust enemy’s gun power and inflict maximum damage. First, they fire at the security forces and then take a different way to surround the forces from a different direction. The reinforcements which hardly last some hours are soon exhausted in the encounter. The jawans are left to the mercy of the enemy who never spares them. Various other reasons also contribute to the failure of tackling the Naxal issue.

Reasons for failure to tackle the Naxal Problem:-

1.  The Naxals communicate with the tribes in their local language whereas the jawans are unable to do the same.

2.  Naxalites use traditional ways of communication which is difficult to comprehend.

3.  There is a fear of Naxals in the affected areas and people are scared to act as informers or provide help in anyway.

4.  Naxalites have their agents in the villages and other local areas.

5.  The areas are technologically deficient and lack electricity, water, telephone, proper roads and other resources which makes it difficult for the paramilitary to communicate.

6. Since transportation is a major problem, the forces are not provided with adequate equipment and resources.

What Matters the Most :-

In 2010 alone more than 79 CRPF soldiers have been killed on duty, the figure was 58 in 2009. The jawans realize that they have only two options available: to kill or to be killed and unfortunately they cannot even make a choice. Their sacrifice is hardly valued or honored by the citizens. Their condition is equally neglected by the state.

The State recruits soldiers to protect the nation but an equivalent duty vests on the state to protect its soldiers. The state can not act as a mere spectator to these mass killings. There lies no martyrdom is being a ready bate for the enemy. The CRPF jawans lack proper training, amenities, resources, intelligence system and assistance. The political and ideological fight between the Naxals and the government might probably end one day but till then many precious lives would be lost.

Taking pride in Kargil would serve no purpose if the Indian soldiers are treated as bates on their own soil.

Voluntary Retirement Scheme

The fear of death, lack of job satisfaction, low perks and remunerations and negligible promotions have forced many CRPF soldiers to opt for Voluntary Retirement Scheme (V.R.S). Most of them find the job of a private guard better than serving the paramilitary. The force is usually posted in sensitive areas like J&K, Chattisgarh, Jharkhand and North East and at places where election is supposed to take place.

Tehelka reports, “According to official data, an unprecedented 14,422 jawans applied for premature voluntary retirement from service (VRS) in 2009 — up 85 percent from the previous year and 112 percent from 2007. Compare this with the fact that only 4,622 soldiers sought voluntary retirement from the Indian Army — which is three times larger than all the paramilitary forces put together — in the same period, and the contrast becomes painfully stark.”

Probable Reasons for Disillusionment

Although most of their time is spend in traveling, unlike army they are provided with no special train boogies. It is up to the mercy of the railways to provide them with travel passes. The basic amenities have become a luxury for them. They are given low quality food, torn tents, few medical facilities and hardly any leave.

The benefits of the 6th Pay Commission have barely reached its beneficiaries. It is alleged that their own departments ensure that the welfare schemes doesn’t reach them. The officers in the higher cadre enjoy all facilities whereas the soldiers not only face the wrath of their officers but also have to struggle hard to get their rights enforced. They are treated as servants by their commanders and have to follow orders at any cost. The pressure of following orders is immense and any fault may result in serious consequences. They have to provide a bundle of documents to avail the benefits of the 6th Pay Commission which is impossible for them as they hardly get any leave.

Conclusion

In a populated country like India, vacancies would be soon filled by new entries but is it justified to loose these soldiers? They sacrifice their blood and sweat to ensure that we can vote without fear, freely walk on streets and live safely at our homes. On the other hand they are not only deprived the company of their families but barely experience any job satisfaction.
Death is so probable that life seems meaningless to them.The issue has to be addressed or the country would loose considerable number of patriots.

It is unfortunate that the state is unable to protect those who protect its citizens.

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The Battle in United States

At that time Indian Law had no provision of punitive damages to effectively deal with the Bhopal Gas Tragedy. The Government of India through an act appointed itself the sole representative of the victims for any legal course with Union Carbide with regard to compensation. The act empowered the government with the exclusive rights to represent and act on behalf of the survivors/victims of the gas leak. The corollary was that the victims could not seek legal redress of their own.

Consequently, the Government decided to approach the U.S. District Court to seek justice. The government justified its stand mainly on three grounds:-

1. The US courts could grant higher compensation as compared to the one likely to be granted by the Indian Courts.
2. It believed that the parent multinational company Union Carbide could be tried effectively in US.
3. The Indian Courts were incompetent to handle mass tort litigation.

Ironically the government ignored the operating principle in US according to which a suit could be maintainable in an American Court only in cases where the damages or injuries occur on American Soil, to American residents or the dependents of American residents. Alternatively, if the prosecution would have proved a design defect in the plant, the suit could have been entertained by the American Courts. But since it was established that the gas leak happened because of poor maintenance, the parent company was not held liable in the US courts.

US Court’s Decision

The US court ruled that UCIL was a separate entity, owned, managed and operated exclusively by Indian citizens in India. Carbide was ordered to submit to the jurisdiction of Indian Courts; nevertheless it could dispute the verdict rendered by the Indian Courts before its domicile courts. Initially the government of India had filled a suit claiming 3 billion Dollars which could have been achieved only through attachment of UCC’s assets in the US.

The Indian Mistakes

A significant order was passed by Justice Deo of Bhopal District court which directed UCC to pay Rs. 350 crores as interim relief. The order being  interim could not be decreed. And without a decree UC could and did refuse to pay it.

On February 14, 1989 the Supreme Court directed Union Carbide to pay up US $ 470 million in “full and final settlement” of all claims, rights, and liabilities arising out of the disaster in 1984. The victims and legal heirs of the dead, were not informed  before this settlement took place.

None of the courts ever directed UCC to reveal any epidemiological information that it had. It refused to render any toxicological information as it formed an integral part of its “trade secrets”. It denied that the gases released during the disaster could cause any adverse health effects in the victims. Moreover, UCC was never ordered to clear the toxic material present on the disaster site which it could have been under the “polluter pays” principle evolved in Oleum Gas Leak Case.

The SC refused to consider UCC liability as unquestionable and absolute. The principle of absolute liability was never evoked by the SC. According to this theory where an enterprise is engaged in a hazardous or inherently dangerous activity and an accident in such an operation results in the escape of a toxic gas, the enterprise is strictly and absolutely liable to compensate all those who are affected by the accident, and such liability is not subject to any of the exceptions under the rule of strict liability.

SECTION 304 TO 304(A)

Originally the charge sheet was filed under Section 304 of IPC i.e. culpable homicide not amounting to murder specially paragraph 2 which deals with the accused having the knowledge that the act would cause death. The charge sheet clearly stated that the UCC plant in Bhopal was deficient in safety and design measures. It further stated that the management was aware of these defects and their probable consequences but it failed to inform the district administration.  In 1996 the two judge SC bench held that the charges under Section 304 were not made out and the accused could only be charged under Section 304(A) for causing death by rash or negligent act. Justice Ahmadi while delivering the judgment observed,

“Even assuming that it was a defective plant and it was dealing with a very toxic and hazardous substance like MIC the mere act of storing such a material by the accused … could not even prima facie suggest that the concerned accused thereby had knowledge that they were likely to cause the death of human beings.”

Hence the diluted charges ensured that accused could now be awarded merely a maximum punishment of 2 years and not 10 years.

How was the UCC benefited?

The long trial benefited UCC in various ways. First of all, the fear of length prompted the government to enter into a swift settlement. Secondly, the adverse public pressure on the government also evaded with time. Lastly, UCC saved interest on the sum it finally had to pay.

Are we still left with a remedy?

1. A curative writ petition must be filed under article 32 r/w 142 of the Constitution to set aside the 1996 judgment; seeking the relief of a fresh trial under Section 304 Pt 2 of IPC.

2. An appeal to the sessions court under Section 377 of CrPc on ground of inadequacy of sentence because of lesser charge under Section 304 A IPC can also be filed.

3. Pursuing Extradition is significant for the effective trial of Warren Anderson.

4. Civil Liability of both the government and the UCC needs to be re-addressed. Cleaning of the affected area, proper medical treatment of the victims and distribution of compensation are some of the vital steps that need to be taken.

Conclusion

Bhopal Gas Tragedy is aptly referred to as the night that never ended. The long legal battle benefited none but the accused. The victims were continuously victimized by the fluctuating judgments rendered in the country. The media, bar, bench, authorities, central and state governments all failed to effectively fulfill their responsibilities.

“The greatest disaster in India was not on day of Bhopal Gas Tragedy but on the occasion, when we failed to protect our own countrymen and decided to sell the living dead to a multinational for some dollars.”

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A True Story

Is Rape attempted only on females? I would request you to think again. Male rapes are not fiction created in novels and movies. What happened in Shawshank Redemption can happen to anyone at any place.

Shikhar (name changed) was popular at his college for being a philanderer. He had multiple girlfriends and at age of 22, he had everything a student could aspire for. He shared his room with two of his classmates. His relations with them were not cordial. He had some unresolved issues with them. One night when he was sleeping, he realized that his room mates were tying him to the bed. He was repeatedly raped (sodomised) by both of them that night.

The incident changed Shikhar’s life completely. Even after two years, he hasn’t dated any girl or talked about sex with his friends. The very talk of sex upsets him. He also tried attempting suicide once to get rid of miserable life. Only two of his friends were aware of what happened to him that night, but even they were unable to console him in this situation. Similar to other instances of male rapes, the matter went unreported.

Male Rapes: Some Shocking Statistics

• About 10% of rape victims are men.
• Findings From the National Violence Against Women Survey, US points out that 71% of male victims were first raped before their 18^th birthday; 16.6% were 18-24 years old, and 12.3% were 25 or older.
• U.S. Bureau of Justice Statistics (1999) estimated that 91% of rape victims are female and 9% are male
• Human Rights Watch Report suggests that 22% of male inmates have been raped at least once during their incarceration; i.e. around 420,000 prisoners each year.

History of Male Rapes

In some societies the victorious soldiers were given a right to rape the defeated enemy. The act demonstrated a total control over the defeated warrior. It was believed that whether consensual or forced a male who has carnal intercourse looses his manhood and is thus incapable of becoming a ruler or warrior. Gang Rapes of a male as a punishment was awarded for crimes like adultery in Rome and Violating the sanctity of Harems in Persia and Iran.

Who are the Victims?

Most of the people believe that males are victims of rapes only in jails, prisons and hostels but statistics reveal that these are not the only places where males get traumatized. A large number of males become victim of sexual assaults and forced sodomy in their own houses, pubs and armed forces.

The perpetrators avail the benefit of their victim’s vulnerable condition. A popular notion prevails that a male is supposed to protect himself and if he fails, he has lost his manhood. Like most of the rape victims, these victims start holding themselves responsible to the injustice done to them. The thought that “they have lost their manhood” results in their continuous victimization. Most of them start doubting themselves and may even fail to have healthy sexual lives with their spouses. A very few cases of male rapes are actually reported. The offense is considered difficult to prove and the perpetrators are often acquitted. Out of 852 cases that were reported to police in the UK, only 44 perpetrators were prosecuted. Ironically, the victim who confesses that he had been raped or sexually assaulted is punished by the entire society. The feeling of guilt and shame makes him detest himself and his very existence. The rape is not only committed on his body but also on his mind, soul and spirit.

Indian Penal Code and Male Rape

Section 377 of the Indian Penal Code is the only section that criminalized all acts of carnal intercourse. The section penalizes both consensual and forced sodomy. The minimum punishment awarded of such crimes 10 years which may extend to life imprisonment. The Delhi HC in its leading judgment of Naz Foundation v. Government of NCT and Ors stated that the provisions of Section 377 I.P.C will continue to govern non-consensual penile, non-vaginal sex and penile non-vaginal sex involving minors. Even if the judgment is upheld by the honorable SC, the section can be evoked to punish sodomists, pedophiles and zoophiles.

The only laws that remotely address to the problems of child assault in  the country are sections 376, 377 of Indian Penal Code and some sections  of the Information Technology Act, 2000.  But there is no specific law that can punish pedophiles or can compensate the victims of such events.

The Section 375 of Indian Penal Code does not include males as rape victims. Recently the government decided to amend the definition of rape and replace it with sexual assault instead. They believe that the amendment would give the section a wider jurisdiction and scope. But it is criticized that the proposed amendment would further harm the interests of the rape victims.

Conclusion

It is unfortunate that till now people associate manhood with sexuality. Manhood is not lost by a victim who was sodomized but it is lost rather it does not exist in the perpetrator who committed this heinous act.  It is a myth that only gay men commit such crimes. The offender can be bisexual, straight or homosexual. India definitely needs separate laws to deal with male rape or forced sodomy and child assault. Majority of such crimes remain unreported and therefore awareness must be spread in this regard. The benefits availed by female rape victims under the Cr.Pc must be also extended the male victims. Helplines and Online-help can be provided which may prove helpful in providing psychiatric help to them.

Ignoring Male Rapes won’t change anything but accepting it would surely make a difference.

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