Day 15: Love, Honour and Law: A roundtable on draft legislation on crimes in the name of honour

On December 9, 2022, 15th day of the 2022 Prajnya 16 Days Campaign Against Gender Violence hosted an online roundtable discussion on the draft bill on 'Prevention of Crimes in the Name of Honour' that is being shared by Vincent Raj K. for debate in the Tamil Nadu Assembly. Seeing this as a national issue, a panel of discussants from around India was invited. Shalin Maria Lawrence facilitated the session. You may find a saved copy of the recording here.

"As a person from the marginalised community, the Dalit community, Tamil Nadu has been a welfare state more than a progressive state, in terms of state. And, I talk with data - we have the social and economic indicators.", said Shalin Maria Lawrence, as she opened the discussion. She added that, "If you compare with the honour killings in UP, Madhya Pradesh, or in the northern parts of the Hindi belt of India, the nation does not know the number of honour crimes which happen in Tamil Nadu. For example, the inter-caste marriages is only 1%, or less than 1% in Tamil Nadu. You can call yourself a Periyar land, or a very progressive state, but then, why is your inter-caste percentage very, very less? So, the amount of inter-caste marriages is directly proportional to the violence happening on inter-caste couples."

Kathir Vincent Raj, Evidence:

• "Honour crimes are taking place all over India. Honour killing, honour torture, honour humiliation, mob violence for the sake of arrogance, etc are taking place here. I would like to begin by thinking loudly and raising a question on our usage of the term honour. We call honour crimes as honour crimes because they are committed with an aim to protecting the honour of the family...I think it is time we shake this regressive idea from its roots and rather call it dishonourable."
• "This bill, first and foremost, seeks to offer protection against victimisation in the name of honour. In the instance of such a crime, the bill outlines the extent of punishment to be given to the perpetrators and the compensation and rehabilitation to be given to the survivors. It also details the protective measures to be implemented, apart from detailing the various kinds of victimisation like murder, social and economic boycotts."
• "I am pointing out that not just caste but patriarchy also plays a role in the killing in the name of honour; this draft bill is also about gender justice."

Abirami Jotheeswaran:

• "Coming back to patriarchy, I would like to link it to caste and gender hegemony - how is this impacted? We all know that there is intersectionality in terms of caste and gender. Here, Dalit women are at the bottom. They don't have any rights or privilege, and if they are involved in these activities, then, we have been seeing lot of cases of murders, not just in Tamil Nadu, but all over the country."
• "In reality, (we have to see) how many cases are reported, how many cases are suicide cases, so many cases are made to be an attempt to rape and has been booked under false charges. These are the situations that I would like to point out."
• "I would like to give some suggestions (on the draft bill). One is mental trauma. Whatever the shelter home the woman is accessing, the status of the mind is very, very bad. They (women) cannot trust anyone. When parents become the culprits, then definitely they cannot believe anybody. So the mental trauma - how to handle it, how to counsel them, these aspects have to be covered. Secondly, police inaction. Police is not acting and taking the bribe...When there is negligence in the duty of the police, there should be some punitive measure...And, I would also say that there should be a national authority who are taking up the monitoring and better implementation of these kinds of legislations. So, I would like to focus on these three things."

Suresh V:

• "The role of culture and the role of patriarchy gets intertwined with gender identities. And, how this plays a very, very big role in whether a person can live or now, and how they can live, and how they will have to survive. And that is at the bottom of the issue underlying the larger issue of honour killings."
• "Fundamental to the issue we are talking about is the issue of choice. The choice exhibits itself in multiple ways."
• "We need to look at this law a little bit more carefully in terms of what has worked and what has not worked with regard to SC and ST (POA) Act."

Dr. Manisha Gupte:

• "I just want to say this loud and clear, that a victim can never be theirs. And the rapist can never be ours. But imagine, when rape happens, people take that position. Now imagine when a girl or a boy marries against the wishes of the family."
• "In a country, the mere identity itself can become a point to kill, that itself allows punishment, that itself allows punishment by the police...So we know just the identity can be an issue. So then, what happens when you exercise your choice? To do something further by saying I am associating with someone who is from this identity? So then, we have to go to the basic question of identity...Identity comes as a part of our mobility from a very controlling system where nobody in the family has an identity except the patriarch."

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Shalin Maria Lawrence (Moderator): Shalin Maria Lawrence is a social activist, Intersectional feminist, writer and orator. Belong to the oppressed community, she has been working towards empowering the Dalit Women and LGBTQ+ since 2012. She has worked with the Transgenders Rights Organization and has won the "Day of compassion" award from the Jane Goodall foundation. She has been working with the Dalit communities of the north Madras region, especially in and around Vyasarpadi where I has helped in the setting up of libraries, conducting campaigns and awareness programs towards Education and child rights from 2015. She has also been working with the Dalit women and children in the Dharavi Region of Mumbai since 2016. She has set up a library and has been conducting awareness workshops on women's rights and leadership and the annihilation of caste. For the last two years, she has been conducting regular workshops and training on violence on women, women rights and women leadership among the rural dalit women in and around Madurai and Chennai. She is a writer in English and Tamil and currently publishes her articles in popular magazines and news websites.

Kathir Vincent Raj (Presenter): Kathir Vincent Raj has been working in the field of human rights for over 25 years. A Dalit himself, his witnessing and experiencing caste based discrimination from his childhood triggered his determination to fight against the caste system and caste based atrocities against Dalits. From an initial career as a writer on the experiences of the socially marginalized, he later shifted to rights based interventions, especially human rights monitoring and legal and advocacy interventions. This work experience and a commitment to Dalit rights eventually led him to initiate an independent organization, Evidence in 2005 to fight against caste discrimination and for social justice and equality.

Ms. Abirami Jotheeswaran (Discussant) has been associated with National Campaign on Dalit Human Rights-NCDHR, New Delhi, India since December 2005. Presently Ms. Abirami Jotheeswaran has been serving as the General Secretary of All India Dalit Mahila Adhikar Manch-NCDHR, New Delhi. She herself hails from Dalit Community, very actively involved and committed towards the empowerment of Dalit community. Abirami is a post graduated in Computer Science from University of Madras. Currently, she is pursuing her final year Law degree. Placing her in the organization, her primary responsibilities is to Plan, Monitor and Execute Programs related to Promotion of Dalit Women Leadership and Addressing Violence against Dalit women and minor girls in 7 States across the country. At the international level Abirami Jotheeswaran participated in World Social Forum 2007 held at Nairobi, Kenya and South Africa in 2007, to raise the Dalit concern in the forums. She raised her concern on the Police atrocities committed against Dalits and Dalit Women in 18th EU-NGO Human Rights Forum 2016, Brussels. Abirami Jotheeswaran, actively raised the issues related to Violence against Dalit women and the impunity subsists in India in the 41st UN HR Council at Geneva in the month of July 2019. Under her leadership, AIDMAM recently published a Status Report 2021 - “Dalit Women Rise for Justice” with the confidence that the report will be useful to the government while taking steps to improve Dalit Women’s condition in India through effective implementation of the existing Acts and policies.

V Suresh (Discussant): V. Suresh is a lawyer, Madras High Court; National General Secretary, People's Union for Civil Liberties (PUCL) one of Indias' oldest and largest national level human rights organisation. Earlier served as Supreme Court appointed Adviser on Food Security for Tamil Nadu. Worked for 7 years as a full time activist with the Kashtakari Sanghatana (in Maharashtra) amongst Warli Adivasi marginal farmers and agricultural labourers. Recently appeared in Kannagi - Murugesan Honour Killing case for murdered Dalit Murugesan's family before the Madras High Court.  On June 6th, 2022, the Madras HC confirmed the conviction of Kannagi's father, brother and other relatives belonging to Caste Hindu community invovled with the killing, though the HC commuted the death penalty of brother to life sentence.

Dr. Manisha Gupte (Discussant): Dr. Manisha Gupte has been part of the women's movement in India since the mid 1970s; She has also been an activist in the health and civil rights movements. She studied Microbiology (MSc) and then, Sociology. Her PhD thesis was on the concept and practices of patriarchal honour, and how it intersects with caste, sexuality, violence and the agency of subordinated women. She co-founded MASUM, a rural women's organisation in 1987, after living in a drought prone rural area for five years, and has been its co-convenor since then. She spent one year (1997-98) in the Dept. of International Health at the Johns Hopkins University, Baltimore as a visiting fellow. She is actively associated with progressive organisations nationally, regionally and internationally as an advisor, board member or trainer (especially on gender, violence, sexuality, CEDAW and ESC rights). She has participated in, and promoted campaigns related to women's health; reproductive, sexual and minority rights; and, violence against women. She has worked on policy issues with the state and central governments in India over the past three decades. She is the Managing Trustee of Medico Friend Circle (MFC), a 40 year old autonomous health professionals’ group in India, and was the coordinator of the '10th International Women and Health Meeting (IWHM)', held in New Delhi in September 2005. She also coordinated the process towards the preparation of 'The Indian Women’s Health Charter'. She has co-edited a book (2102) titled ‘Honour’ and Women’s Rights: South Asian Perspectives. This book includes 15 papers, highlighting complementary feminist positions from seven countries.

Day 5: Collective Responsibility, Collective Action

Rapporteur: Farheen Nahvi

On day 5 of the 2022 Prajnya 16 Days Campaign Against Gender Violence, Women in Global Health hosted its third regional town hall on the Prevention of Sexual Exploitation, Assault, and Harassment (PSEAH), which focused on the Asian region, in collaboration with the Prajnya Trust. 

The event brought together representatives from CSOs, governments, international organisations, and activists to continue the conversation on the need to develop regional collaborative mechanisms and reaffirm our commitment to eliminate SEAH. 

The keynote remarks were delivered by Dr. Poonam Khetrapal Singh, Regional Director for WHO South East Asia; and Ms. Anis Haroon, the Sindh representative of the National Commission of Human Rights, Pakistan. The event was moderated by Ms. Anupama Srinivasan, Assistant Director at REACH, India. 

Other speakers and panelists included:

• Ann Keeling, Senior Fellow, Women in Global Health

• Dr Sabrina Rasheed, Scientist, ICCDR,B; and lead for the Bangladesh chapter of Women in Global Health

• Ms. Veenu Kakkar, Gender Expert & Trainer; PSEA consultant with UNICEF

• Mrs. Rizza Pamintuan, PGH Women’s Desk

• Sigma Huda, President of Bangladesh Women Lawyers Association (BNWLA); Founder & Secretary of Institute for Law and Development (ILD)

• Arfa Kamal, HELP Foundation Kashmir

• Ms. Sangeeta Rege, Director, CEHAT (Centre for Enquiry into Health and Allied Themes) 

Watch the video of the event here. 

Swine & Dandy: What if we did as much to prevent rape as we do to prevent H1N1?

A superb piece from Bitch Magazine, by Meg Stone (Thanks Vidya!): on how the media (and the public health system) has risen to the occasion, in responding to H1N1, ensuring that people know exactly what to do, what not to do, where to go, etc. Meg Stone envisions what could happen if the media and various systems (health, educational, political) responded similarly to rape and sexual violence.

Swine & Dandy: What if we did as much to prevent rape as we do to prevent H1N1?

Science and Politics blog post by Meg Stone, November 3, 2009 - 8:05pm; tagged H1N1, Health care, pandemic, prevention, rape, swine flu.

I spent most of this past spring and summer rolling my eyes every time I heard a news story about the swine flu. Almost every day local reporters got hysterical about 5 or 10 or 20 confirmed cases. Entire schools closed in response to a handful of kids with fevers, and as if there were no war in Afghanistan, no economic crisis, and no other epidemics claiming ten times as many lives, newscasters talked about H1N1 (the proper name for swine flu) for hours.

I have a degree in public health and my work focuses on preventing rape and other acts of violence and supporting survivors in healing from abuse. When I see all the attention swine flu is getting, I’m jealous. Other than intermittent news stories about sex offenders on the loose or why women who accuse professional athletes of rape are lying, sexual violence rarely gets any widespread coverage. Certainly no state of emergency declared by the President of the United States.

Now, I don’t want to diminish the grief of those who have lost loved ones to H1N1. I don’t even want to question the scientific validity of the Center for Disease Control’s decision to declare it a pandemic. But the fact remains that the impact of H1N1 is far less than that of other public health crises that receive a fraction of the attention and resources. The CDC reported just over 43,000 cases of H1N1 between April and July of this year and estimates that it will affect a million people, or 0.3% of the total population of the United States. Compare this to the 2.5% of women and 0.9% of men who reported being raped or sexually assaulted in the past year. The most recent statistics about rape available from the CDC are from last year. Swine flu? Last week.

What would our media, our public discourse, and our institutional responses look like if people cared as much about rape as they do about H1N1?

I imagine the federal government urging colleges to stop the epidemic of rape by developing protocols for quarantining students who have tried to use drugs or alcohol to incapacitate women who would otherwise not consent to sex. Or university officials directing students to stay off campus or out of public areas until they are free of the belief that they are entitled to sex any time they want for a full 24 hours. Sounds pretty good, doesn't it?

I dream of public health departments so inundated with the demand for educational programs that teach kids about healthy relationships that they can’t keep up. Of public outrage that there are not enough doses of self-defense training to inoculate everyone against rape, and of medical experts having to go on television to reassure people that more of these self-defense vaccines are on the way.

Then I wake up to a phone conversation with a principal who tells me there is no dating violence in his school and another with a teacher who desperately wants to offer rape prevention resources to her high school classes but can’t because the entire budget for health education in her district was cut. So much for the dream.

But if I stop resenting H1N1 for getting so much attention for a moment, I realize that what I’m complaining about is actually public health at is best. It is probably true that the coordination of government urgency, media attention, medical system mobilization, and common sense precautions will succeed in thwarting a pandemic. We will probably not look back at 2009 and say it was the beginning of a swine flu crisis that devastated a generation.

What feels like hysteria or over-emphasis is actually the way prevention is supposed to look. It is supposed to be widespread and coordinated. Messages about the importance and seriousness of the public health threat are supposed to be so pervasive that they are almost impossible to ignore. I’m so used to caring about public health crises that don’t get the attention and resources they deserve that I almost can’t recognize what the public health system looks like when it does work.

This kind of focused attention is my wildest dream for our society’s response to HIV, rape, domestic violence, drug addiction, racial health disparities, cancer-causing corporate pollution, food system injustice and every other area of public health that is marginalized.

So why is the public health infrastructure working so well? Because it’s not being undermined by shame, stigma, and denial (you know, the way rape and sexual assault are). Even in the highest drama evening news stories there is almost a complete absence of victim blaming. Personal choices and individual behaviors spread the flu, but our government, our health workers, and our media understand that this crisis is too serious to waste time arguing over whether people who don’t wash their hands or share cubicles with co-workers who fail to stay home from work the recommended 4 to 7 days deserve what they get.

It would be unthinkable for a person to avoid seeking treatment for swine flu because s/he’s afraid that if s/he tells her/his doctor s/he’ll be blamed for touching her/his eyes and nose or lose her/his housing because no parents want to raise their children in a neighborhood where people don’t sneeze into their elbows

As if invoking the finale of High School Musical, when it comes to H1N1, we’re all in this together. Swine flu is not concentrated in any population that people already hate or devalue, so raging debates about whose immoral lifestyle caused it don’t get in the way of an effective public health response. (Even Fox News is posting stories that are sympathetic to people whose jobs don’t have paid sick leave and the hardship they face in missing work as the authorities direct.) Wouldn't it be nice if other health crises were treated the same way?

In watching the rapid mobilization against this virus I know that the public health infrastructure works when our government, our media, and our medical leaders are motivated to mobilize it. H1N1 is not getting any attention it shouldn’t – it’s getting the attention all public health crises should.