Gender relationship : sexual violence:How to approach.
National uproar against the sexual violence and murder of the Delhi medical student has posed several questions/ challenges to issues related women,law and society. one has to see these issues from the natural law, social law and historical developmental perpectives as such issues repeatedly occur in different types in different contexts in all societies all over the human world.
The first principle in the god's natural world is unity in duality.this principle is a natural law principle.men and women are the manifestation of this oneness in duality.or two sides of the same coin or power. man has perceived this in different angles and philosophised in different isms like monism, dualism, materialism vs idealism etc with some emphasising some attributes and others attributing more weightage to other aspects of this basic manifestation of nature . is there any exception to this rule in this known world? no body can visualise a world with one gender without duality. even small imbalance through culpable acts and omissions of man in this equality tremble the humanity/nature to bring back to normalcy.
The nature of power of both sexes is of equal opposite character gravitating to one other tending to unity to duality, the superb wonder of the nature.but this gravitational pull from duality to oneness to duality in nature when in society is to so balanced that in-itself does not bring anarchy as in HOBBES primitive natural state so that it is th art of civil society and state to so regulate the behaviour as not to be repugnant to basic natural law but harmonises with integrity,safety and security of human body of opposite sexuality .It is here the measuring rod for defining the nature and scope of personal rights, violence on personal rights to integrity of body and mind of opposite sexes without discrimination in a civilised society for defining it as crime including rape law for prohibing and punishing such behaviour.
This brings us to understand that the natural constitution of opposite human sexes is so designed as best fit with one other in its designed roles to procreation and human happiness.though the power of each body is equal to the other, the manifestation of the power differ. natural muscle power of men is compensated in equally powerful natural power of love,compassion, and sacrifice of women to human family and society and men cannot arrogate the muscle power to commit violence against women without creating imbalance to natural laws .
The demand and respect for the right to integrity, safety and security of womens body is accepted in principle in every society as a moral as well in legal norm in the interests of society and its progress but the scope and extent of said inter-se rights and duties beween sexes in private and public places is understood in different societies depending upon the level of the development of that society and its free social division of labor and material wealth for common welfare of that society .
The level of development of societies implies the corresponding dynamic changes in social productive forces and in social structure.For instance,extended trading in global market places implies long distance travels and transport and production centres with corresponding social division of labor and employments.The limited close knit relationships gets enlarged to open ended business and personal relatioships.The binding family and blood relationship once primary become secondary though not obliterated. auto mobile vehicles,industrial revolution and computer internet revolution has revolutionsied the horizen of human relationships beyond the controllable stage of national sovereign governments. with it the social and other outlooks of persons. they have oppurtunities to learn and experience things which were beyond the reach of such persons once confined to national and locally restricted borders.The instant communicating TV, media, downloading and uploading data,globally connected computer internet,supermarket supply chains,inernational travels and tourism, global e-commerce through electronic online tranfer of funds due to global financial integration of banks and other networks,drug trafficing, online flesh trade and pornography have tranformed the thinking patterns of new generation of both sexes. such developmental revolutionery changes in the new opputunities and challenges before the new generation as is also reflected in huge changes in the composition of our GDP with greater contribution from services sector,it is not unlikely that the existing social moral or legal norms may be adequate or some times fall behind the dynamic development of social and economic changes and collide with new social wants/needs. collisions breeds tensions,confusion in inter - personal relationships, marriage bonds/vows and social behavioural patterns and may act as hindrances developmental process leading to social disturbances. It is here the art of governments,state and civil society to review the existing moral and legal norms without any complacency so as to better articulate and adjust the laws to the new wants/needs to minimise the irritants not to cause hindrance to orderly economic growth and not to repugnant to basic natural laws rights of opposite sexes.It is here the search for the best fit ideas and laws that corresponds to new social and economic order that paves the way national upsurge above the global standards.It is also a challenge to the traditional political parties and other organisations based on backward looking , parochial considerations to amend themselves and their leadership quality.
An analysis of arguments raised in delhi rape and murder of highly educated medical student by old generation leaders of various social, religious and political groups and organisations are that the girl ought not have befriended with boy before marriage, moved on streets with him, moved in the odd night times, not boarded the the such bus with no passengers, ought to have pleaded the perpetrators the filial brotherhood and prayed to pardon her and her friend, ought not to dress in improper manner likely to provoke the men of their instinctual sexual libido etc and plead the contributory negligence and guilt of the student.
what the new generation plead is that women has equal right to friendship with any persons of their choice, have right to move with any person without any reference gender or sex before or after marriage as long as they not violate any law,right to move any public place any time and to board any public or privte transport and every body has a duty not to violate their personal rights to body and mind and no discrimination can be made only based on sex and if any body violate the personal right to integrity of body or mind without just cause should be pubished and in case of rape the maximum deterrant punishement not repeat any such misdepmeaner by any body in future in the sociey and it is the duty of the sovereign government to protect and promote and enforce such rights of person to the life, liberty and pursuit of ones happiness as part of the fundamental right to life guaranteed under the constitution and the basis of existence and legitimacy to government and state bodies to enforce such rights to qualify for payment of taxes etc.
we see the old generation arguing on the basis as if we live in stateless taliban society where only state of nature in relation to the rights of women and as if there is no civil society,government, civil law much less constitutional rights as defined in indian republican state.It is in total negation of constitutional government, law and order and unacceptable. therefore, there is building up huge gap and trust deficit between the governmental bodies and new genration arguments in assertion of the rights already guaranteed under the law and constitution. it only indicates failed governemnts arguments in favour of abdication of even basic governemntal functions to maintan and enforce law and order under the constitution and to create effective and speedy remdies to curb the menace by enforcing proportionate and deterrant punishments. this need change, needs restoration of honest and dynamic political leadership with global vision in any party more particularly the two major national political parties, Indian national congress and BJP.
Ultimately the people are the sovereign judges of political leadership,new laws and morals and constitutional democracy with its seperate but interconnected legislative,judicial and executive organs is one of the best avaiable modern institutional forum for such social change. The fate of political parties,individual leaders of different hues and cries including religious bodies depends on the ultimate free will of the majority of the people under the constitution.whether the views of one other political or religious group leadership are above,below or in tune with desirable best fit ideas of moral and legal conduct consistent with new social and economic realities of the Times and challenges and opputunities in global market places , to amend and enforce as lawful rights and duties of citizens violation of which attracting the penal actions of appropriate nature will be judged by the people in elections to lead them to next .
can there be a rights and duties without remedies?The trust deficit with most political parties in the context of all pervasive allegations of corruption in public life was with reference to their near unanimity to defeat the new genearation demands to create" proportionate and deterrant penalties and punishments to the gravity of offences", "effective speedy judicial remedies" and "autonomous investigative and prosecuting agencies" in the context of effective anti-corruption public interest lokpal courts and now the violence on women rights with impunity .The complaint in the context of present delhi rape and murder incident is of similiar nature but the spread of opposition is now extended to social, religious orders and now it exposes that the traditional leaders of religious order and social organisations are as opposed to change as political party old leadeship.
one aspect to be noted is that given the free will in ordinary circustances , the society will tend to accept ideas either fitting with average best fit line or above the line and reject the ideas which are below average and are not in tune with times and economic progress of individual and society. even in Taliban controlled societies, given the ordinary peaceful atmoshere, free from coercion, freedom of speeech and discussion and other fundamental rights guaranteed, they will reject ideas which are opposed to economic progress of individual and society, provided the natural law rights and socially guaranteed liberties of women are on par with men, are not repugnant to basic natural law rights and social liberties of other sex and aggregated economic growth and human happiness of that society.
viewed from that angle, often times the major political powers, parties,groups dies down in history as outdated and new political parties , "individual" political leaders espousing the cause of new morality and legal norms tallying the best fit line of ideas in the contemporry age and times will emerge.
In this context, one cannot rule out this unless if any one or both present complacent major national political parties not align themselves to best fit ideas and actions by adjusting their political programmes with new national economic and increasingly integrated globalised political economy of our country.The shallowness,complacency and dearth ideas of several of such political parties, their individual leaders including the social, religious and moral preachers are being exposed in media over their views of legal and moral personal conduct and gender equality in defining the rape law and violence against the body of female sexuality and the role of civil society and state in protecting the integrity of body of female sex from offenders.In this respect, though indian congress is above the vacillating BJP and several religious leaders, the gap between the new social wants/needs of new generation outlook people and the congress has not been able to containing the already existing trust deficit. In such situations, unless the national political parties purges their outdated idea and leaders , it cannot be ruled out the emergence of any "individual" "trusted" political leader espousing the cause of new generation ideas?
The effects of best fit ideas may be illustrated from the ancient indian experience.Indian civilisation is accepted as one of the most known ancient one than any other known societies in this world.Its philosophical outlook and conceptual frame of social norms expressed in various of its ancient scriptural pronounciations/ideas ,puranic versions of the basic scriptural ideas carried till date too, contained the equal rights and duties of man and woman as per their ability and station in mobile social hyrarchy of divison of labor between sexes as two sides of same godly power and humanity as the one vasudiaka kutumbam, one human family though belonging to different species/tribes and one god whose power is illuminated in all living and non living creatures and rights of every such creature to live or exist as per the natural law given from god, the power of Human social being to understand the law of nature to make thing in it self to to thing un-to-us,a march of human power/knowledge through history to to march of god on earth,realisation of self as realisation of god were above the best fit line of the times, relevant even now to be correlated to its vast cultural, economic and political power of times.
But these basic ideas were propounded by rishis who devoted their life times to study laws of nature,the laws of human being in personal,family and social life as well as the meaning and mission of their life on earth in god's design, wandering allthrough their life in search of truth and God renunciating the worldly possessions, distractions, patronised and funded by secular kings, ancient states and society.They were truly ideal gurus,rishis ; unlike the present biased system of possessing the power of economic material wealth as management heads of maths and trusts in the same person corruption of which is exposing them in times testing; who guided the society in moral conduct and have propagated basic social functional distribution of human persons and the labor power of societies( ideas far ahead of times but later times corrupted and ossified as inviolable code "chatur varna") in aggregated four basic social needs for efficient defence, protection of social groups from outside aggression and internal maintanance of law and order, for efficient production and distibution of goods and services wihin the self sustaining village units while trading with governamental urban centres of society and states.There is no discrimination of sexes except for functional efficiency and any form of violence against bodily integrity of female sex is immoral and socially prohibited by imposing duties on men to respect the natural power of the women as mother goddess.
As long as that ancient social norms and legal norms harmonised with natural law rights of human being ,the potent power of human being were socially expessed in vigourous productive energies and made the society rich in content and worth and it spread its power to other parts of world through its superiour culture and social power.Its ideas were powerful and eternal in value because they expressed the natural will and power of mankind and it as the vehicle to carry that power.
why did india loose the vigour and power? Because the application of ultra conservative later intrepretations of ossified codes than of basic ideas, not assimilitating the dynamic changes in social needs and wants with innovative social moral and legal norms that correspond to the social developments in harmony with basic ideas of natural law rights not repugnant to the natural laws. here again the old ideas vs new demands of social needs and wants, conservative vs liberal approaches incoherence of which were productive of disharmony and social fragmentation resulting in net zero or suboptimal social energy to move forward in necessary speed with other societies and states resulting in falling behind other dynamic aggressive societies in the onward march of human civilisation process,became a prey for others.
should india face the same draw back?Apart from the required economic and political reforms in india to best fit ideas in the context of globalisation, in my last article on steps to be taken to minimise the trust deficit of two national political parties, it is now to see a national urge in the dissenting people for more united in action for social,political and economic,legal reforms to realise their growth potential in face of global challenges and oppurtununities , by minimising the national wasteful expenditure and governemntal corruption, for more personal rights and libeties under law through new definition of rights and duties of citizens,of sexes, of governemnts and state and amend the old laws and corrupt party leaderships with no vision to globalisation fed society needs and wants.Now recent pronouncements of religious leadership on the rights and duties of women in society in this context of delhi rape and violence against the medical student in direct opposition to reason and rationality of demands of new generation speak that indian leadership in several walks of life are still struggling in opposition to change against the globalised demands and oppurtunities , opposition to redefine the correct perspective moral and legal values in the light of the globalisation context,in opposition to align with ever resurgent old basic ideas indian great ancient saint gurus propounded to the world as free natural godly powers of femle sex to freely exercise its natural powers as long as the it is not unnatural and violation of rights of other sexes. It is the basic duty of state to protect such rights of female sexes.violence in any form by any sex against the other sex except to the extent natural law of procreation laid down in law is a reprehensible conduct and require to be apprpriately punished to maintain the first priciple of natural law balance.
This has become necessary because any new distortion in the natural balance of relationship between gender equality will endanger the path to realistion of national economic growth potetial and also dent the indian competitive edge in global market place with all the concommittant consequences.
There may be circumstances of sexual ratio imbalances by human acts like infanticides, wars, famines similiar to environmental and climatic imbalalances in which cases the state and societies may take appropriate social and legal measures to restore the natural balance of duality of sexes so as to avoid unnatural events and not to be acting in repugnance to basic natural laws.