Cold SnapDragon

(A version of this piece was originally written upon request in 2020 for the Times of India although it was withdrawn because of suggestions to change it in ways the author, Nandita Saikia, was uncomfortable. Although it was written when fear of COVID-19 was especially high, with good reason, the pandemic seems to have merely brought pre-existing issues into sharp relief, issues which, sadly, have not yet been resolved ensuring that this piece is not yet irrelevant although it could, perhaps do with some updating.) We know with reasonable certainty that the pandemic we're currently in the midst of has not enhanced women's safety in the least. There's not a day which goes by without horrific reports of violence against women in the media, and anecdata suggests that domestic violence has been increasing exponentially although addressing it is difficult and, perhaps understandably, does not appear to be anyone's highest priority even though it may be a life-and-death issue...

I critique the rule of law with reference to violence and its own history, pointing out that it has often been 'the voice of the immensely privileged codified in statute and subordinate legislation' in a piece that was published by Smashboard and later by Firstpost . Extracts "...the rule of law is not an egalitarian concept and its history demonstrates that it not underlain by gender neutrality. It may be possible to force it into another, less discriminatory mould more mindful of equality and individual rights but that would require recognising our current understanding of the rule of law for what it often is: an idea perpetuated by white men living in sexist societies themselves and forming the theoretical basis for the racial hierarchies which plague all of us today, often with their ideas being used to support economic drain and worse of countries primarily populated by non-white peoples. [....] The Constitution of India promises individuals equality and dig...

Random thoughts upon re-reading Améry  In  At the Mind's Limits,  Jean Améry begins by investigating the point of the intellect and the experience of the intellectual in harsh circumstances. He then moves on to torture, homelessness, and resentment. He's snarky, aggressive, and invariably spot on. Much of what Améry says mirrors the experience of domestic violence, I suspect, although I doubt that that ever crossed Améry's mind : it was the Holocaust that he was writing of. A passage in which he admits to not knowing what dignity is particularly struck me: "I must confess that I don't know exactly what that is: human dignity. One person thinks he loses it when he finds himself in circumstances that make it impossible for him to take a daily bath. Another believes he loses it when he must speak to an official in something other than his native language. In one instance human dignity is bound to a certain physical convenience, in the other to the right of free s...

09 March 2018  If we are to act against abuse (including SH), perhaps we should focus not on abusers but on those who create environments in which they thrive, the mechanisms they employ, & how they can be leashed. Abusers generally do not abuse others because they must but because they can. Quite apart from holding abusers accountable, we also need to hold abuse-enablers to account. And recognise that access to law & access to justice are not synonymous esp when "law" is determined by abusers and their supporters, & its processes ― due process ― controlled by them. Worth asking why responses to abuse are structured the way the are, whose story is (not) told, & who benefits. Confidentiality of findings? The truly victimised, the falsely accused don't benefit; perhaps institutional/family reputation can? What priories underlie responses? Who determines which channels through which to complain of abuse are legitimate? Who controls proceedings through suppo...

The law does recognise marital rape. The concern is that the law does not adequately recognise marital rape as a crime. Under civil law, the Protection of Women from Domestic Violence Act, 2005, recognises sexual abuse as a form of domestic violence and, consequently, it recognises marital rape as a legal wrong, Under criminal law, the Indian Penal Code, 1860 (last amended in 2013), recognises the possibility of a man raping his wife only to promptly clarify that such rape within a marriage would not generally be considered to be rape for the purposes of Section 375 of the IPC which defines the offence of rape. ‘Sexual intercourse or sexual acts by a man with his own wife, the wife not being under fifteen years of age, is not rape’ reads the second exception to Section 375 of the IPC. In essence, a wife who is not under 15 cannot be raped as far as this Section is concerned. If the IPC Section were to be read in conjunction with the Protection of Children from Sexual Offences Act, 2012...

On facing abuse This post is personal in nature, it focuses on domestic violence although it is not limited to domestic violence, and it describes what I've learnt of violence (mainly in relation to myself with reference to my class). It is by no means intended to speak for every woman, neither am I anywhere near certain that I've got it right. I've used the term 'abusive situation' as opposed to 'abusive relationship' simply because public discourse (in India) relating to domestic violence is largely limited to domestic violence perpetrated against wives by husbands and in-laws, almost completely ignoring other forms of domestic violence (including that perpetrated by natal families). I've also written of episodes of domestic violence earlier ( here )  in a post which isn't an accurate depiction of events. I I woke up from dream feeling happier than I had for a long time. I’d dreamt of a rape. Not mine. A rapist who was caught — I shot a gun at the...

(I began writing this post thinking of the portrayals of NE women by others... its scope unsurprisingly expanded in minutes.) Take racial insensitivity. Add to it the entitlement of the upper class and, treatment in real life aside, you have all the makings of the image of the Hottentot Venus of contemporary times in far too many portrayals of the figure of the marginalised woman. The Hottentot Venus was a person transformed into an object; she was born in South Africa in 1789, brought to England in 1810, and then exhibited on stage and in cages till her death in 1815. We know what she was turned into but we have no idea who she was. We often call her, when we deign to accord her any humanity, ‘Sarah Baartman’; of her given name, we can only guess. We believe ‘Ssehura’ may have been closest to it but can’t be sure. ‘Baartman’ or some variant may have been imposed on her upon being baptised in England in 1811. The appellation ‘Venus’ has never indicated anything but distorted nineteenth...

unedited Abuse is never an easy subject to speak of whether because one has experienced it and finds it difficult to speak of, or because it can be an extremely complex subject, or both. And the rationale underlying one’s own opinions can be extremely difficult to grasp. There is, of course, always the temptation, often subconscious, to assume that one can draw universal conclusions from one’s own experiences. There is also the desire to believe that specific ways of being or doing might enable one to escape abuse; an understandable desire that except for the fact that it can easily lead to drawing conclusions about how women who are abused ‘brought it on themselves’ by being different or doing things differently. Amongst the clearest indications of this are myths which surround domestic violence, particularly in the case of upper class women — the most popular image of domestic violence appears to be that of a drunken slob who comes home late, slaps his wife, and then promptly (and co...

It would appear at first glance , that the premise underlying the Sexual Assault Ordinance is what may be the most complete expression of patriarchy imaginable: the ownership of some women by certain men. This basic premise seems to be evidenced over and over in the text of the Ordinance through what is made a criminal offence and what it not, and a theme which seems to run through the substantive amendments to the Indian Penal Code is that men who would historically have been considered to own or have various rights to specific women would not be held to be criminally liable for sexually assaulting those women. The Indian Penal Code, as Madhu Mehra has said , "continues to be steadfast to its patriarchal moorings." The most glaring example of this is, of course, the non-criminalisation of marital rape of women with two exceptions: where the wife is under sixteen years of age or where the wife is ‘living separately under a decree of separation or under any custom or usage’ —...