F O C U S

Of Rape and Punishment
Jyotika J. Thukral

RAPE is the most heinous of the crimes. But it is only of late that there have been calls from social activists and public men to hang the rapists or at least imprison them for life.

If we go by the media, Delhi has earned the dubious distinction of being the rape capital of India.  This is largely true. This is also how newspapers, with their urban bias see it. The point here is how about rural India. Rape by high caste youth of the poor and the scheduled caste girls is too common to draw any attention. Women are treated as commodity and consumed as such. They are killed in the wombs, tortured and humiliated and even killed through rape, abduction or prostitution that follow in many cases. There is hardly any peace for many of the married; they endure a life of torture even after a hefty dowry has been paid. Women in India by and large are slaves of the slaves.

Statistics in 2000 showed that on average a woman was raped every hour in India. The situation worsened and in 2004, every 26 minutes a woman was molested. Every 34 minutes a woman was raped. Every 42 minutes a woman was sexually harassed. Every 43 minutes a woman was kidnapped and every 93 minutes a woman was killed.  Husbands murdered fourteen wives every day. Mind it, these are just the cases that were reported and recorded by the police.

According to the Indian Ministry of Women and Child Development, one woman is raped every hour in the country. One in every five victims has not reached adulthood. Over 90 percent of the cases take place in small towns and villages. A majority of rapes are unreported due to fears of further victimization by the accused and the fear of being ostracized by society as well as the insensitive attitudes of investigative agencies. A survey done in the state of Punjab a few years ago found that for every rape reported, 68 go unreported.

The situation in the West, that civilized world where individuals were less tradition bound and enjoyed more personal freedom was worse. Somewhere in America, a woman is raped every 2 minutes. 68,300 forcible rapes occur every year, which equals 56,916 per month; 1,871 per day, 78 per hour; and 1.3 per minute. Close by, Pakistan offers no solace. A recent report issued by the Human Rights Commission of Pakistan estimated that a woman is raped every two hours in Pakistan, but it said most sexual assaults went unreported because of the social stigma attached to such charges and the difficulty in proving them. In Punjab [Pakistan] a woman is raped every six hours and a woman is gang-raped every four days, yet only 321 rape cases were reported to the police last year.

South Africa reports the highest incidence of rape in the world. A woman is raped every 20 seconds and only one in 35 reports it to the authorities.

Women's groups argue that the harsh and conservative attitudes about sex and family privacy contribute to ineffectiveness of India's rape laws. Victims are often reluctant to report rape. In an open court victims must prove that the rapist sexually penetrated them in order to get a conviction. This can be especially damaging. Lawyers for the rapists not only harass women, mostly young and sometimes even in the teens and draw pleasure. Often the courts are full at the time of evidence of a woman. People in the courts around often throw lecherous glances at the victims as if these are persons of easy virtue. Who would dare such humiliation and ignominy? After proving that she has been raped, a victim is often ostracized from her family and community. This problem is exacerbated by the fact that rape laws are inadequate and definitions so narrow that prosecution is made difficult. A former deputy minister [also home minister] who shouted hoarse to punish the rapists with death and nothing less than that, did nothing to either reform the law or prosecution.

In the past our judicial system has been too slow to respond. And the rape victims hardly ever got justice mainly because of the stigma attached to the victim who is called in the court to testify. On top of that, the judiciary instead of delivering verdicts about the guilt of the accused makes observations on the complainant's behavior, her moral character and her marriage prospects without showing any concern for the mental and emotional trauma faced by the victim. An apt example of this was when a judge summoned a nurse who was raped, her one eye gouged out, in Shanti Mukund Hospital in the heart of Delhi by a hospital employee. The judge wanted the woman to answer a strange request by the rapist: would she marry him, as now, presumably, nobody else would. The victim was outraged by the court's move. What tragedy and what an irony!

Delhi-based Centre for Social Research [CSR] finds the rising instances of rape in the capital horrific: "Just look at how many rapes are reported in Delhi every month, then tally the number with those who are caught or punished. You'll know why rapists are becoming bolder by the day here."  Outlook magazine quoted Ranjana Kumari of the CSR, saying that according to court records, of every five men accused of rape, four walk away scot-free. And, countrywide there are 56,343 cases still pending. The legal process can take many years. But what makes the situation even more spine chilling, argues Kumari, is that despite the low conviction rate, the administration has done precious little to inspire confidence in their seriousness to bring such men to book. Where is the accountability?"

The Indian criminal justice system seemed to be on the verge of collapse. However, there is some good news as some rape victims, such as the nurse, have continued to fight, eventually bringing their attackers to justice. They act as role models for other victims.

Similarly fed up with delays in the judicial process, police inaction, and fear of being victimized again by their attackers, mobs of women in Nagpur took the law into their own hands and killed three alleged rapists.

These incidents in a way acted as catalysts and brought a change in the way the judicial system handled rape cases.

The crime that sent Mumbai into shock and outrage has finally resulted in the conviction as the sessions judge sentenced dismissed 35-year-old police constable Sunil More to 12 years’ rigorous imprisonment, holding him guilty of raping a minor in the Marine Drive police chowki on April 21 last year. The girl was with her boyfriend in Marine Drive, a popular open stretch along the sea in the heart of the city. Police across India frequently abuse obscenity laws and young couples in particular are often preyed upon for money. But in this case a police constable forced the girl into a police post on the pretext of interrogation and raped her. Public outcry, weeks of protests and a fast-track court did bring about this conviction but the trial still took a year.

Another case is of 47-year-old German tourist who was raped by the auto rickshaw driver in Jodhpur. Similarly a fast track court sentenced the rapists to life term within 20 days of the incident. After all, points towards a positive change in our judicial system, though a long way to go. But a lot more needs to be done. In yet another speedy conviction, the son of a top Indian Police Service officer has been sentenced to seven years’ rigorous imprisonment within 22 days of having raped a German tourist in Rajasthan.

Isn’t it ironic that where on one hand the media reports about India shining with economy growth touching 9 per cent and the country which just struck a nuclear deal with the world power US, the same country cannot provide a safe environment for women.

And what could be the reason for this spurt in rapes especially in the fast-moving cities like Delhi and Mumbai? What’s more is that the crimes have been committed in areas considered safe, within the ambit of regular passers-by, office workers and police patrols.

According to analysts: “Women may be especially vulnerable due to India's booming services-led economy as they now form a core workforce which requires them to be out of their homes even at odd hours depending on the nature of their job.”

On May 8, last year, a college student who was with a friend at Dhaula Kuan, a bustling New Delhi neighborhood popular for its street food, was kidnapped by four men in a car and raped for over four hours. In another recent incident, her ex-boyfriend and his friends inside Jantar Mantar, a historical monument in the center of Delhi, adjoining the capital’s main market, raped a girl. A couple in the business and outsourcing hub of Noida, next door to Delhi, faced young goons who robbed them of their money, cell phones and car and raped the young woman. These are just few examples.

What is ironic is also the fact that in rape cases the responsibility of ensuring safety against rape is on the woman and not the one committing it.

Experts studying sexual behaviour s agree: “For very long, society's primary approach to preventing rape was to advise women to restrict their behavior, and not to go out alone at night.  Such advice limits women's freedom; if women must restrict their lives because of the possibility of rape. Another approach is for individuals to empower themselves through self-defense training. Active resistance strategies, such as fighting, yelling, and fleeing, are more effective than passive strategies, such as pleading, crying, or offering no resistance. These techniques are not ideal, however: No strategy is totally effective, not everyone has the physical ability to resist, and attempted rape can be traumatic. Ultimately, we must work to prevent rape by addressing its causes.”

Moreover rape is not about sex, passion or lust. Rape is about fear, humiliation and control. A crime as violent as shooting or stabbing which leaves a real wound and needs professional treatment.

Psychoanalysts offer various explanations for the incidents -- from expressions of male or community dominance, repressed sexuality or revenge by former lovers. These apply to rural India as well. However, a new line of thought has also begun to emerge, one that sees the rapes as a symptom of the clash between the traditional and the modern, the young and old and the rich and poor, especially in pockets of cosmopolitan growth such as Delhi and Mumbai. Sadly, no one realizes that something should be done to address the mentality of the Indian society, which sees the woman as only a desirable commodity and someone who can be grabbed by the male as and when he wants too. Sex education and gender sensitization should be done not only at the level of school student but also for adults to change their outlook

If you are a father, a brother or son of the victim its just a beginning. But surely the society needs to think.

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Corporates Hijack Organic Farming in Punjab
Umendra Dutt

Organic farming is picking up a pace in Punjab. "Punjab is going the organic way"- this could be a general impression that anyone can have from the media campaign of Punjab government. There are several things going on in Punjab related to organic farming. The Punjab Agro Export Corporation is involved in promotion of organic farming, appointing consultants, roping over 1200 farmers and on the other hand, several large companies are taking-up organic farming projects, taking large chunks of lands on lease from government. Then Punjab government is also to establish Food Park at Fatehgarh Sahib. Bhoomi Vardaan Foundation ha been established in collaboration with Prince Charles for promotion of organic farming. A state council for organic farming has been s constituted and  if you believe the Chief Minister there shall be an organic farming policy. All these developments were enough to be termed as revolution in making.

Let us have a look on other side of this glossy picture.

According to information, the Punjab Government has leased out thousands hectors of land to various companies especially the agri-business corporations for Joint Ventures. Due to one or other reasons best known to government officials no body want to share the exact figure that how much land was given to agri-business corporations so far. This land earlier held by department of agriculture first transferred to Punjab Agro, and further given to JVs. The precious land is in the hands of corporations now. It seems that corporataized organic farming is fast taking its pace in Punjab.

The much-hyped visit of Prince Charles and his interaction with organic farmers and then formation of Bhoomi Vardaan Foundation though received vast media attention but the way organic farming was projected during Prince Charles' tour, raises several questions. It was corporataized government organic farming show. Prince Charles programme has become show of big agri-business companies and the investors only. Any individual farmer who is practicing organic farming on his own was not invited at Moti Bagh; nor was any civil society groups neither any small entrepreneur working on organic invited. The farmers invited at New Moti Bagh Palace; were part of Punjab Agro's Network. There was no space for any other initiative, nor was any of voluntary group involved in the programme. The entire show is indicating that, the corporate houses were the champions of organic farming in Punjab.

Recently, Punjab government ran an  extensive advertisement campaign stating – Visit of Prince Charles will boost organic farming in Punjab. But, how mere visit of prince would boost organic farming without any proper planning and widespread participation of farmers and other stakeholders. One has to answer that why other initiatives, institutions, and individuals who are not with Punjab Agro network, were not involved in this programme.

Why the government had overlooked those farmers or institutions that had started organic farming much before Punjab Government's project?

The Bhoomi Vardaan Foundation (BVF) could be good initiative if it is planned in such a way. Punjab government is likely to get funds from Prince of Wales Foundation for organic farming promotion. However, it is also matter of concern if agri-business Corporations have proximity in BVF board; multi-nationals like HLL and KPMG had more access and say in this entire process. More over it should be clear that what would be the modus operandi of BVF. Is it only an affair of Punjab Agro? If it has to remain a Punjab Agro venture then how the participation of general farmer has been assured. Punjab Agro is an export promotion body and if organic farming ventures goes in its control then it means that for Punjab Government organic farming is for export only. Organic farming in Punjab does not meant for export only; we have to take care of domestic market also. After all people of Punjab have very right of safe and toxic-free food.

Another important issue is the formation of State Council of Organic Farming by Punjab Government. Although it is a good initiative but lacks direction, vision and participatory    spirit, yet interestingly, this organic farming council had also become a Punjab Agro affair only. Ironically, even Director Agriculture has not been taken as member of this council. Council has provision of including two farmers' representatives, but selection of these farmers would be only from Punjab Agro network. It seems that Punjab Government has made Punjab Agro as nodal department to run the organic farming operations in Punjab. Nevertheless, Punjab Agro's mandate is to promote agro export only, not sustainable agriculture. The motive behind the formation of organic farming council is almost defected when a mere commercial motivated venture takes the reins of organic farming council.

If Punjab government wants to take-up its organic farming initiative in sustainable way for a long-time then, the organic farming council should remain with department of agriculture. Punjab Agro could be taken as one of the promoter and more over government must assure the equal participation of volunteer groups and representatives of organic farmers. The organic farming council should become a tool for restructuring agriculture in Punjab. It should not become merely an offshoot of Punjab Agro for exporting health foods to rich countries, and supplying our own people with GM contaminated foodstuff, which has uncertain impacts on the human body. Further more there are more questions must be answered before we go to organic farming.

Firstly, what is our prime objective for promoting organic farming? Is it export-commercialization-agri-business promotion, corporate investment? On the other hand, sustainability, livelihood security, and environmental health? Alternatively, blend of both?

Doing organic farming in a glamorous manner would not give the results. This way of organic is again an expensive affair and could not be done by the aid only; it again pushes our farmers into another trap of resource and technology intensive farming practices. This would lead to another system of externalizing agriculture. The organic farmers of this stream will remain almost dependent on external support. This is not the real sustainable way.

Secondly, government should make clear how this highly publicized Bhoomi Vardaan Foundation would work. Then, what would the role be of agri-business companies in running the BVF? Interestingly, the with in last one year several companies have landed up in Punjab for contract farming, food processing and agro exports and few of them are in organic farming also.

Then the most important issue, which would repeatedly rack this organic initiative, is co-existence of GM crop with organic crops. If Punjab government seriously wants to promote organic then it should not mix-up organic with BT/GM crops, why it is so hesitant about taking other opinions. After all, Punjab government is doing organic for export then what is harm in considering GM crop issue in this context. Moreover with his contradictory stand the Chief Minister, not only make mockery of organic farming but he is also showing disrespect to the very basic principals of organic farming. The CM repeatedly making statements that he will promote GM crops as well as organic, making clear that as far as Punjab government is concerned it has no idea about organic farming systems, nor it had intention to listen other view on the issue. The 'liberalized' government works this way!

It is liberal towards corporate agenda of   agriculture and GM crops.

Therefore, it is right time to take put organic farming initiative on right track now; otherwise, it would be too late. By then Punjab may lose its opportunity and prospective strength in organic farming. Organic farming could lead Punjab farmers to a debt free, suicide free, toxic free and healthy life co-habitat with nature. This would save the rural ecology and create ecological equilibrium of Punjab; conserve fast depleting natural resources of Punjab; the organic farming with natural systems will provide magnificent biodiversity and would also give a chance for ecological heritage to pass on to our future generations. Government should initiate a participatory public dialogue on the issue to evolve vast public participation in planning, implementation, monitoring and evaluation.

However, for this a sea change is urgently needed in vision and mission of organic farming plans of Punjab governments. The present system needs total re-structuring, re-focusing, and re-prioritizing to attain the desired goal of prospers and sustainable Punjab. For success of organic farming, what is really needed is a peoples' Movement. The government cannot become substitute of any voluntary action for organising a People's Movement. The best way is to educate the farmers to make them understand their own interest and the interest of the soil.

[Author is Executive Director of KHETI VIRASAT MISSION.  Punjab, E-mail: umendradutt@gmail.com ]

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