It Is Not Women, Women All the Way

ALOK K. SHRIVASTAVA

We have had many deserving women occupying top positions in our country over the last decade. Most of them were deserving, but we have also had black sheep like Chanda Kochhar of ICICI, Madhabi Puri of SEBI, Puja Singhal, IAS officer of Jharkhand, Puja Khedkar, IAS probationer of Maharashtra, Ranya Rao of Bangalore, etc. Barring a few, it has not been a bed of roses for this most vital segment of our otherwise vibrant and change-tolerating, if not easily accepting, social system.

For a long time now, unheard voices in respect of women are not only being heard but are also being taken note of and acted upon.
We have, in practically all the states, exclusive departments, cells, and corporation-type bodies dealing with both the status and issues pertaining to women, apart from a large ministry focusing on women and children at the Government of India level. In addition, there are exclusive Commissions for Women at both Central and State levels. Women’s cells are also active in the police, many ministries, and state departments.

The National Human Rights Commission, Minority Commission, and other sister commissions, as well as State Human Rights Commissions, also pay special attention to the cause of women. A system of monthly reporting is also in vogue in every department with regard to Vishakha Guidelines, which require reporting on sexual harassment cases.
All this is supposed to act as a well-thought-out and strong deterrence vis-à-vis likely or ongoing hit-and-run cases and full-fledged crimes.

Men to Be Blamed?

But it is also a fact that all men are not, and cannot, act against women. Another stark reality in changing India is that in many instances, especially within traditional families, women are exploited and harassed more by women than by men. Such reports hit the headlines day in and day out. Also, in a large number of cases, false complaints are lodged to hide or cover up personal misdeeds, seek publicity, or extort money. Some cases are personally known to me wherein a married girl’s life has been, or is being, completely ruined by the whims, fancies, or unwanted greed—not need—of the mother.

Urban Angle

Chasing, teasing, harassment, etc., are mostly reported from urban centres and metros, if regular reports on TV, newspapers, and social media are to be followed, if not fully believed.

Menstruation Matter

One issue that is rightly making headlines is the crucial subject of menstruation. Rather, I would consider it a sacrosanct one. Before we get into the nitty-gritty, how many of us know that when a woman is going through this monthly and essential biological process, in Assam she cannot enter the kitchen? Thus, either by compulsion or mutual consent, the husband or another male member has to cook food for four or five days. Again, in Assam, the marriage of a girl takes place twice—first when she attains puberty, and second when she actually gets married upon attaining adulthood.

Sikkim Scenario

I do not know how many of our readers are aware of the remarkable work done by the State Government in the area of menstrual hygiene, including the distribution of sanitary pads, vending machines, and mini-incinerators installed in many schools.
Late Bindeshwar Pathak, the noted Gandhian, visited us on July 30, 2018, and expressed full satisfaction with the sincere work done by the Departments of Social Welfare, Health, and Education, apart from the District Collectors. I was privileged to have been bestowed with a token of gratitude by Shri Pathak for empowering the women and girls of Sikkim through improved menstrual hygiene.

Recent Debates Concerning Menstruation

Such debates have taken place in the past, are happening now, and cannot be ignored in the future. The Supreme Court of India has stated that no organisation can discriminate against women if they are absent during their monthly periods. However, the Court rejected a plea by a company seeking freedom to act against women in such situations in the interest of the company.

Crucial Views of Justice B.V. Nagarathna, Judge, Supreme Court

As we are aware, she is in line to take over as the first woman Chief Justice of India. Being the daughter of a former CJI, she has been bold, clear, and candid in her views, orders, and judgments. Ever since her elevation to the Apex Court two years ago, not only have her judgments been noteworthy, but she has also delivered important dissenting opinions as part of various benches.
On April 3, while delivering the Constitutional Dr. Rajendra Prasad Memorial Lecture in Patna, she spoke about restrictions on women during menstruation.
She said, and I quote: “Speaking as a woman, I can say there cannot be three days of ‘untouchability’ (for a menstruating woman) every month, and then on the fourth day, when the period ends, there is no untouchability. Let us go by the hard realities. Speaking as a woman, Article 17 (which forbids untouchability) of the Constitution cannot apply for three days and then cease to apply on the fourth day.”

Herein, she referred to an observation of the Supreme Court in a 2018 case involving the Union of India with regard to the Sabarimala Temple.

To Sum Up

Apart from the above pertinent issues involving genuine human concerns, there are many other issues and grievances—such as maintenance, rights in emerging live-in arrangements, rights of children when couples are estranged or living separately with mutual consent, visitation rights, etc.

However, the differing verdict given by the Allahabad High Court on live-in relationships very recently not only confuses but also troubles matters further; indeed, such judgments can be unsettling.

There must be full application of mind by examining all pros and cons, as such decisions not only concern one or two individuals but have the potential to be cited as precedent.