Expressions – Bhagwad Jal Park

Update: I have been persuaded by my Significant Other (without physical violence I swear!) to add a disclaimer to this post. Namely that this is a theoretical discussion – in practice, I acknowledge that the provision of a separate coach for Indian women in trains is probably the best solution to prevent harassment as of now.

If there’s one thing our government’s good at, it’s legislating morality. Whether we’re talking about time restrictions for bar dancers, homosexuality or gambling, our “leaders” in Delhi feel that it’s their job to ensure that we follow their morals. Sometimes they get it right, and sometimes they don’t. The point is, what is the use of legislating morality if the people themselves don’t feel that way?

Take women’s equality for example. The government feels (and rightly) that women must have the same essential rights as men. So it goes about legislating it. How does it do this? By implementing reservation in parliament, providing separate seats in buses and separate coaches in trains. And still women face discrimination from men. And far from making them “equal”, measures like this only strengthen the bias against women since the men feel that they’re getting a raw deal.

Image Credit: takomabibelot

Women's Equality

How would I like women to be equal? Well for one, I wouldn’t like to talk about women at all. I don’t care about women. I only see people. Me no care if thee is woman, transsexual, black, white, old, or have pins in thy head. Wtf is women’s rights anyway? I just want all adults to have the same rights and opportunities. Is that so hard to understand? Damn, why should people have to fight separately for “gay rights” and “women’s rights” and “lower caste rights?” – can’t all you guys just gang up and say “treat everyone the same?”

Of course if my way of thinking goes through, we’ll have to put an end to reservation for all lower castes. How d’you expect lower caste people to improve if you keep reinforcing the feeling that they’re different? 60 years down the line, and all the reservation in the world hasn’t helped. The original intention was to get rid of reservation a few decades later – and now because of reservation, the caste system in still alive and thriving since people now see that being of a lower caste actually has an impact on their life instead of being a useless badge.

It’ll also mean an end to all sorts of special privileges for women. By legislating morality in this way, the government has generated nothing but anger and has widened the gap between the sexes. Many people are now angry with lower caste people because they have reservations and many men are now pissed with women because they get to have special seats in a bus.

I understand that women have a tough time traveling in crowded buses and trains – well, I can try and imagine it, not understand it since I haven’t felt it – but surely pinching a person’s butt is a crime even if the victim is a guy. I’ve been hit on a few times by gays in Delhi since I’ve been told I look “chikhna” – apparently that’s hot in gay land. I feel that by providing a separate coach for women, you’re kind of saying that pinching a girl’s bottom is ok if she’s in front of you.

It’s this sort of piecemeal legislation which doesn’t address the fundamental issues that will prolong the time necessary for women to achieve true equality. Deal harshly with discrimination of any sort of person – only then will it get into the thick skulls of people that life is life irrespective of the form it’s in.

What’s your take?

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Just to keep those who are following updated, the case asking the Womanist Organization of India to prove that women are equal to men in the Bombay HC – note how I’m using Bombay not Mumai; I challenge the Shiv Sena to come get me – has been postponed to the 3rd of November 2009. Apparently the case was heard on the 6th of October (I don’t know why) – I wasn’t able to find that out in advance.

No idea why it was postponed. I’m getting the feeling that this happens with most cases. In the future, I may have an abbreviated way of displaying the notice for a postponed case. But anyway, see you on the 3rd!

If you want to stay updated about this issue, you can subscribe to the RSS feed for this particular court case.

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I learnt a couple of days back that the Mumbai High Court has asked the Womanist Organization of India (WOI) to prove that men and women are equal. Apparently according to Maharashtra law, women cannot work in shops and bars after 9:30 pm and the WOI says that this is discriminatory and prevents women from obtaining employment on the same footing as men.

The Senior inspector of Police has told the court that waitresses and singers “can never be equated with women in other fields.” He’s also said that these women can be exploited and this goes against public interest and society (he forgot to mention the women in question though.) Now here’s the interesting bit: The court has asked WOI to “provide documentary evidence” that men and women are equal.

This is very unusual. The organization will of course have to decide which aspect of “equality” it wants to prove. Women and men are of course not equal in everything. Physically for example. Even in non discriminatory physical sports, men and women tournaments have different rules. Like tennis for example. But in my view, the particular sort of “equality” in this case is the right to opportunity. The law effectively says that women cannot be offered the same opportunities that men are offered and are thus placed at a disadvantage.

Also, the inspector’s comment is outrageous. What the hell does he mean by saying that waitresses and singers “can never be equated with women in other fields?” Are they some inferior sort of women? In what way? Do they deserve less dignity? And who is he to decide? In my opinion, he has to provide documentary evidence that they are not the same. The burden of proof is his.

It’s also an insult to women in that it implies that they can’t take care of themselves. We’re talking about adults here and no one is forcing a woman to work after 9:30 pm if she doesn’t want to. If it’s risky, then as an adult she has to make the decision as to whether or not she wants to go ahead. This is like the health department making a law saying “you cannot touch fire. It’s risky.” We already know that and can take care of ourselves thank you very much. And of course, we’re back to the old inanity of “public morality” which was touted during the hearings for the reading down of Article 377.

As usual, I had a devil of a time trying to find the case on the Mumbai High Court’s website – mainly because you have to search with exactly the right parameters and they’re so many of them. But I managed to at last. Here’s the screenshot of the case (Click to Enlarge):

Men and Women Equality before the Bombay High Court

The case will next be taken up on the 16th of October 2009. At least I think it is. The official listing says 16/10/2008 which I presume is some sort of typo. Here it is:

Next Hearing Date

Am I happy that the court has asked the WOI to prove that men and women are equal (In whatever sense of the word)? Yes and no. Yes because once the concept is proved in court, it’s set down in black and white for all time and can be quoted in every case from this case forth without further argument. It will help expedite the removal of many more discriminatory laws. No because it seems that the right to equal opportunity is obvious and the court needn’t ask for it to be proved.

Unfortunately, “equality” isn’t something that is taken for granted in Indian society. Look how much Naz had to fight for the decriminalization of homosexuality when it should have been obvious. It’s possible that the court is trying to cover it’s tracks by being impartial and taking up the case from first principles to create an unassailable position. If so, then it’s the right thing to do. I hope it’s not because the Judges are prejudiced and have decided to try and make a fool of WOI and brand them a nuisance. But given the high credentials of our High Courts in general and looking at historical evidence, I’m inclined to think the best of them.

I’ll keep you guys updated on this case as and when court proceedings take place – and if they get delayed to a future date, I’ll post a brief note for that as well so you won’t be left hanging.

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