Showing posts with label rape. Show all posts
Showing posts with label rape. Show all posts

Thursday, March 31, 2011

The context of crime - and how to change it

The Pulitzer-prize winning reporter, Mr. Kristof, of the New York Times, reported yesterday of a shocking case of teenage rape, followed by a fatwa and corporal punishment – of the underage victim, leading to her death. (http://kristof.blogs.nytimes.com/2011/03/30/when-a-girl-is-executed-for-being-raped/)

A summary of the case, from the article:

"A 14-year-old Bangladeshi girl, Hena,allegedly was ambushed when she went to an outdoor toilet, gagged, beaten and raped by an older man in her village (who was actually her cousin). They were caught by wife of the alleged rapist, and the wife then beat Hena up. An imam at a local mosque issued a fatwa saying that Hena was guilty of adultery and must be punished, and a village makeshift court sentenced Hena to 100 lashes in a public whipping....Hena collapsed after 70 lashes and was taken to the hospital. She died a week later,.....The doctors recorded her death as a suicide."

Such a tragic and nauseating scenario appears to be a consequence of antiquated notions of morality, gender relations, local government and punishment.

But "tragic" and "nauseating" only because we have different opinions on these issues. It was, for the overwhelming majority of those involved, perfectly acceptable – obviously. Perhaps even righteous.

The collective pronouns above ("we") and below ("our") refer to the basic tenets of Western civilization, in the year 2011.

If we wish to convince the sub-society mentioned in this example of the superior value of our opinions (our system of ethics, fundamental rights, open debate, gender equality etc.), we probably need to start with understanding the socio-economic parameters of their context.

For example, the outdoor toilets mentioned in the report. If one has little or no privacy whilst defecating, and considers this to be the natural state of affairs, and knows of no other, one probably tends not to worry too much about personal space. If one has little to eat, one probably does not have qualms about eating from a shared vessel. If one is forced to live with parents, siblings, the uncle and a grandmother in a single-roomed house, one has probably not been brought up to knock at a door before entering.

And if men perform the economically more valuable tasks, then women are looked down upon. Or, at least, a more plausible case is made for this sort of discrimination.

And if one hasn't had the time to introspect, one probably hasn't bothered borrowing books on philosophy and human rights from the local well-stocked library with high-speed internet access. Oh, there isn't one?

The more hardships we endure, the more animal-like we become. Compare Sanskrit “bubhukshita kim na karoti papam” (“What sin is it that a hungry one does not commit?”, Sukasaptati) and Latin “Homo homini lupus” (“Man is a wolf to his fellow man”, Asinaria).

Habits and customs form easily, even in matters that were once distasteful. This from personal accounts, written by intellectuals, of long incarceration – Primo Levi, Albert Speer.

And then comes another wildcard into play – religion. Religious texts often are not in accord with our ideas of equality, personal freedom, tolerance and justice.

The answer lies not in banning religious texts (this would probably be the reaction of the sub-society under discussion), but in presenting the alternative – through education, north-south and east-west interaction, through inter-religious debate, through economical justice, through art and literature, through subsidized housing that is in keeping with basic human dignities etc..

At some point, the innate love of freedom – and we must believe that it is innate – will prevail.

Tuesday, March 8, 2011

Debating a euthanasia plea - the case of Aruna Shaunbaugh

The Supreme Court of India in this detailed judgement (http://www.supremecourtofindia.nic.in/outtoday/wr1152009.pdf) yesterday in the Aruna Shanbaugh case rejected the euthanasia plea. An interesting look at both ethical positions in this very sad case, the only silver lining to which is perhaps the commitment of the generations of nurses, who have provided such exceptional care, and the debate which it has engendered.

‎1. The judgement also refers to one of GB Shaw's plays (The Doctor's
Dilemma ) and a Robin Cook novel (Coma) - am not familiar with them, but fascinating that works of fiction have been referenced. A good thing, in my opinion, for there are no very strong barriers between fiction and fact, between what is and what can be, what was and what could have been.

2. Curiously, the judgement refers to "a recent news item which we have come across on the internet". It compares the new item to another case, and the only attribution for either is "(see Terri Schiavo's case on Google)". Surely, this level of attribution is unacceptable in a college paper. Is it acceptable in a Supreme Court ruling?

3. Another good thing is that the judgement recommends to the lawmakers to delete Section 309 of the Indian Penal Code which allows for punishment by imprisonment and monetary fines of those who attempt to commit suicide.

4. The judgement refers to "the unfortunate low level of ethical standards to which Indian society has descended, its raw and widespread commercialization, and rampant corruption".

This language differs from that of the Attorney General: "He (the Attorney General on behalf of the Union of India) further submitted that Indian society is emotional and care-oriented. We do not send our parents to old age homes, as it happens in the West"

Incredible, this pathetic pretence at being holy, ignoring all the abandoned elderly in Varanasi, the abuse women go through in dowry cases, general contempt towards menials, lower-caste members etc. etc..

5. From the judgement: "Hence one is one's brain". (Comma missing in original) Well, that's one philosophical question answered.

6. The judgement starts off by quoting a beautiful verse of Ghalib. Very apt; an old favourite.

7. One of the arguments of the Union of India was that the petition ought to be rejected because the activist Pinki Virani is not really a "next friend" of the afflicted. Fortunately, the court rejected this spiteful and adolescent line of reasoning. And, hearteningly, congratulated Ms. Virani for her actions, even whilst denying her petition.

8. More resources, for a summarized version of the case:

http://www.bbc.co.uk/news/world-south-asia-12662124

http://www.blogher.com/rape-has-left-people-wishing-her-dead

http://www.hinduonnet.com/fline/fl1513/15130740.htm