Background:-
After the infamous 2012 gang rape of a student on a bus in Delhi, the number of rape cases reported to police in India rose sharply. But one survey concluded that in Delhi, in 2013-14, more than half of these reports were “false” – fuelling claims by male activists that women are alleging rape in order to extort money from men.
The Story:-
Yogesh Gupta always knew he had evidence that could prove, indisputably, he was not a rapist, but getting the police to recognise his innocence was another matter.
The 44-year-old Delhi estate agent’s troubles began after he caught an employee embezzling money and threatened to go to the police.
The employee reacted by coercing a woman to pose as a potential house buyer who, after viewing a property, asked Gupta for a lift to the local metro station. She later accused him of driving her to an empty fourth floor apartment and raping her.
“Thankfully I had CCTV installed in my office,” he says.
“The whole process of taking the stairs to the fourth floor, opening the flat, taking her inside, then getting out and dropping her at the metro station would have taken at least 37 – 40 minutes.
“I could prove I was back in my office within 11 minutes.”
But when the woman registered her complaint to the police, Gupta found himself caught up in a system that seemed to care little about the evidence and a lot about branding him a criminal.
“Nobody listened to what I had to say,” he says. “The police didn’t even consult me. I tried everything, but I didn’t get justice.”
The gang-rape and murder of a student in Delhi in 2012 provoked mass protests
For the next eight months as the police investigation continued, Gupta had to endure the public disgrace of being accused of rape.
“I can’t even begin to explain the ordeal that my wife, kids, my father and brother had to go through,” he says.
“My children have had the toughest time. My daughter, who is just six years old, would write letters to god pleading to spare her father.”
When the case finally went to court, the woman confessed she had made up the accusation and Gupta was acquitted, but much damage had already been done.
Gupta sees himself as a victim of what men’s rights campaigners say is a growing problem – the false allegations of rape – and it’s one that some argue stems directly from the 2012 Delhi gang rape.
As graphic details of the brutal attack were made public, protesters took to the streets to demand changes to India’s deeply patriarchal society which they said ignores or even encourages violence against women.
The media responded with a spike in reports of sexual assault, particularly violent assaults by strangers, and the government widened the definition of rape, made it mandatory for police to register all complaints and introduced special fast-track courts.
This in turn encouraged more women to report sexual violence, with the number of cases registered in Delhi rising by more than 100% in the year after the 2012 gang-rape
All these developments were widely welcomed as positive steps to tackle sexual violence.
The Report:-
But when a body called the Delhi Commission for Women published a report in 2014 describing 53% of rapes reported in the city the previous year as “false” this was seized upon by men’s rights activists as evidence that the legal changes and noisy public debate had ended up making victims out of men.
Today the definition of rape has changed so much and anything and everything is reported as rape.”Of all the rape cases that are registered, only 1% is genuine,” says Gupta’s lawyer, Vinay Sharma, who regularly defends men accused of rape in Delhi.
“The rest are either registered to take revenge or to take advantage of the person in some financial matter,” he says.
Men’s rights activist Partha Sadhukhan takes a similar view.
“The reality at that point in time was that India had enough stringent laws to curb rape and punish the offenders,” he says.
“Today the definition of rape has changed so much and anything and everything is reported as rape.”
But are they right?
The evidence from the Commission for Women is in fact far from conclusive. It classes as “false” all reports of rape that were dropped before they reached court, without analysing the reasons why.
So it doesn’t distinguish between cases dropped because it was clear the woman was lying and those where a woman was put under pressure to withdraw her claim – or where there was simply insufficient evidence to build a strong case. Forensic evidence is rarely used in Indian rape cases, so it’s often just his word against hers.
The Reporter:-
One person who decided to do her own investigation was data journalist Rukmini Shrivanasan.
When she moved to Delhi from Mumbai to take up a post at The Hindu newspaper, she wanted to know whether Delhi’s reputation as the rape capital of India was justified.
Instead of counting dropped rape cases, she looked at the 460 cases that went to a full trial in Delhi district courts in 2013 and compared the initial complaint made to police with what happened in court.
Her first discovery was that the media’s alarm about stranger rape was overblown.Families are more willing to have the stigma of rape rather than having the stigma of their daughter choosing her own sex or life partner.
“Stranger rape, the thing that gets most highly reported in India, was an absolutely tiny category,” she says. It accounted for just 12 of the 460 cases.
On the question of false rape, her findings were mixed.
More than one third of the 460 cases involved young people who had engaged in consensual sex outside marriage until their parents found out and used the criminal justice system to end the relationship.
“Families are more willing to have the stigma of rape rather than having the stigma of their daughter choosing her own sex or life partner,” she says.
Shrivanasan found that many of these cases dealt with inter-caste or mixed-religion relationships which are considered taboo in conservative society. There was often a typical script that was used when parents filed the case with the police.
“I was repeatedly seeing stories of women being picked up in moving cars, being given a cold drink laced with sedatives which would render them unconscious, and then they would be raped,” she said.
“But when I started reading more and more cases I realised that there are patterns to how complaints are filed. So this sedative-laced drink becomes important because it is necessary to show that consent was not given.”
Another large category – nearly a quarter of the total – were cases where the man had broken his promise to marry the woman.
Although this would not be considered rape in many countries, in India a man can be charged with falsely obtaining consent for sex if he promises to marry a woman and then changes his mind.
Although there has been a jump in rape reporting since the Delhi gang-rape, there are still many cases that go unreported
What she did not find was any cases like Yogesh Gupta’s, where a woman had filed a case maliciously or to extort money.
“In some cases it would be the argument of the defence that the woman was trying to abstract money,” she says. “But I cannot think of a case where this was proven.”
While Shrivanasan’s study would appear to indicate that the proportion of false rape cases in Delhi is high by international standards – in more than one country, researchers have put the proportion of false rape claims at about 8% of the total – academic Nithya Nagarathinam argues that this is a distraction from a more pressing issue, the under-reporting of rape.
“Although there has been a jump in rape reporting since the Delhi gang-rape, there are still many cases that go unreported and there are so many reasons for that,” she says, pointing to traditional patriarchal structures that mean violence against women is consistently downplayed.
“That is a more serious issue to me than a few cases where the parents have probably wrongly accused the man.”
Nagarathinam cites a 2014 study using data from the Indian National Crime Records Bureau and the National Family Health Surveys that suggests only 6% of incidents of sexual violence against women are reported to the police.
She insists India needs better data, to understand the scale and nature of the problem.
“If you don’t have hard data to base your arguments on, the result is the emotion-driven men’s rights versus women’s rights arguments that are going on now,” she says.
However big Delhi’s false rape problem may be, Yogesh Gupta can attest to the powerful stigma of being falsely identified as sexual predator.
“The allegation of rape has affected my social status,” he says.
“Even if one is acquitted, one cannot regain that status. You can’t prove your innocence to each and every person. People are quick to judge in a rape case without even knowing whether the person is guilty or not.”
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INTRODUCTION
Since most of the early scholars, researchers and historians were men, many aspects of society did not find a place in history books. For example, child-birth, menstruation, women’s work, transgenders, households etc. did not find much mention.
[wptelegram-join-channel link=”https://t.me/s/upsctree” text=”Join @upsctree on Telegram”]Rather than building a holistic picture of the past, some select aspects such as polity and the different roles of men became the central focus of history writing. Women were confined to one corner of the chapter where a paragraph or two was devoted to the ‘status and position of women’.
Even the details of these paragraphs were hardly different from each other. This made it look like as if history (and thereby society, polity, economy and all culture) belonged to men while women were only a small static unit to be mentioned separately. Of course, there were some exceptions, but these were however rare. This practice is being corrected now and the roles and presence of women are being read into all parts of historical questions.
SOURCES FOR UNDERSTANDING GENDER HISTORY
Sources are the bases of history writing. From simple pre-historic tools to abstruse texts, everything can be utilized to understand life and roles of women in history. The presence as well as the absence of women from sources needs to be duly noticed, deliberated and argued upon and only then to be theorised upon.
Certain objects being directly related to the lives of women or depicting the ideas of the female principle are of central importance. These include but are not limited to female figurines, art objects, texts attributed to or authored or compiled by women, monuments created by or for women, various objects relating to their lifestyle, objects associated with women on account of their cultural roles and so on.
It has been rightly pointed out by Uma Chakravarti that much of the gender history written in early phase was a ‘partial view from above’. This referred to the utilization of select textual sources and focused only on relational identity of women. There were, however, a few exceptions.
GENDER HISTORIOGRAPHY
Amongst the many narratives propagated to denigrate Indian civilization and culture by the British colonial rulers, the condition of Indian women became a point of central reference. Various social evils that made the life of women miserable were pointed out and efforts were also made to introduce ‘reforms.’ Sati, child-marriages, imposed widowhood, polygamy, dowry, educational and economic inequality, purdah (ghoonghat) and many other practices prevailed during the colonial period that made the life of women difficult and pitiable.
Some practices affected women of higher social and economic households while others led to misery for poorer women. Many social reform movements were started in the 19th century to address these issues and contributions were made by Indian reformers as well as British officials and other Europeans.
Women in India came to be treated as a homogeneous category and over generalisation became the norm. While many communities in India practised widow remarriage and did not practise (much less forced) sati and while some practised divorces or separation, the image of the Indian woman who had been subjugated as woman, wife and widow became a dominant theme in history writing.
Secondly, a western vision was placed over the non-western societies and hence interpretations were far removed from the context. For example, notion of stridhan was equated with dowry and little regard was paid to the provisions regarding its use and ownership by women.
The huge social stigma that came along with the selling of jewellery of the household (one of the main components of stridhan) was paid no attention to. Similarly, penal provisions listed by ancient texts for misappropriation of women’s property were not even looked into.
During the Paleolithic age, hunting and gathering was norm. However much importance was given to Hunting than gathering in all literature of history. Studies, however, show that hunted prey formed only 35% of the diet while gathering fruits and other edible material supplied the major portion. Gathering of food resources was ordinarily done by women. Since gathering was an important activity, more than hunting for game, it could point to significant role playing by women.
The gendered understanding of Harappan civilization is being built upon and various archaeological remains have been studied in this respect. The female figurines, idols of pregnant women, the statue of the ‘dancing girl’, various pieces of jewellery and personal belongings that have been discovered at various sites and offer useful insights on the public and private lives of women and men.
The statue of a girl obtained from Mohanjodaro has been called a ‘dancing girl’ on grounds of familiarity with the institution of devadasis in the later times. Such backward looking explanations are problematic.
There is a wide variety of terracotta female figurines that have been found at different sites right from the pre-Harappan times. Women figures are found suckling a baby, holding utensils, kneading dough, nursing infants, carrying objects like drums, seated figures for board games, with steatopygia (fat deposition on the hips and elsewhere), with floral head-dresses and in many other forms.
Even figurines of pregnant women are quite common. However, most of these have been uncritically associated with fertility, religiosity and reproductive ideas, and have been passed off as representations of the Mother Goddesses. While some of them were votive objects, others are held to be toys or other utilities. The focus on female form has been so stereotypical that women have been seen as associated only with home, hearth, fertility, sexuality and divinity. So much so that sometimes even male figurines in assumed womanly roles were classified as female figurines.
POSITION OF WOMEN IN EARLY INDIA
The first literary tradition in the Indian subcontinent (and the oldest in the world) is that of the Vedic corpus. From the four Samhitas to the Upanishads, we find many interesting references to women in various roles. Some of these women have left their mark on the cultural heritage to this day and are remembered in various ritual and social contexts. Their names, stories, some highly revered hymns, and other interesting facets are mentioned in the Vedic corpus.
The Vedic literature has been classified as Early Vedic and Later Vedic. The Rigvedic society and polity seems to be teeming with life and agro-pastoral economy was enmeshed in close kinship ties. Women as well as men participated in society, economy and polity. Some of the most revered hymns including the gayatri mantra are ascribed to women.
Various natural phenomena are depicted as Goddesses and they are offered prayers. While quantitative analysis highlights the predominance of Indra, Agni, Varuna and other male gods, the power and stature of the goddesses is equally well established.
Women participated in all three Vedic socio-political assemblies viz. Sabha, Samiti and Vidhata. They had access to education and were even engaged in knowledge creation. They could choose to be brahmavadinis with or without matrimony.
Hence, there is no reason to believe that they were only confined to home and hearth. T. S. Rukmani attempts to understand if women had agency in early India. Her work has highlighted many interesting details. The author acknowledges the fact that though the patriarchal set up put women at a loss, there were instances where women found space to exercise their agency.
She points out that though the texts like the Kalpasutras (Srautasutras, Dharmasutras and Grhasutras) revolved around the ideology of Dharma and there was not much space to express alternative ideas, still these works also find some leeway to express ideas reflecting changed conditions.
For example, there is a statement in the Apastamba Dharmasutra that one should follow what women say in the funeral samskaras. Stephanie Jamison believes that in hospitality and exchange relations, women played an important role. She says that the approval of the wife was important in the successful completion of the soma sacrifice. In another study it has been shown that women enjoyed agency in deciding what was given in a sacrifice, bhiksha to a sanyasin. The men had no authority in telling her what to do in these circumstances.
Vedic society was the one which valued marriage immensely. In such contexts, Gender Perspectives if a woman chose not to marry, then it would point to her exercising choice in her decision to go against the grain and remain unmarried.
Mention may be made of Gargi. She was a composer of hymns and has been called a brahmavadini. This term applies to a woman who was a composer of hymns and chose to remain unmarried, devoting herself to the pursuit of learning.
Similarly, in the case of Maitreyi, she consciously opts to be educated in the Upanishadic lore and Yajnavalkya does not dissuade her from exercising her choice.
The statement in the Rigveda that learned daughters should marry learned bridegrooms indicates that women had a say in marriage. Though male offspring is desired, there is a mantra in the Rigveda, recitation of which ensures the birth of a learned daughter.
Altekar refers to the yajnas like seethayagna, rudrayajna etc. that were to be performed exclusively by women. Some of the women were known for their exceptional calibre, for example, from the Rigveda Samhita we find mention of women like Apala, Ghosha, Lopamudra, Gargi, Maitreyi, Shachi, Vishwavara Atri, Sulabha and others.
Women have not only been praised as independent individuals but also with reference to their contributions towards their natal or marital families.
The Later Vedic literature shows the progression towards a State society with a change in the organization of the society and polity. The chief comes to be referred to as bhupati instead of gopati. However, within the twelve important positions (ratnis) mentioned, the chief queen retains a special position under the title mahisi.
The importance of the chief queen continued as gleaned from several references to them in the Epics, Arthashastra and even in coins and epigraphs from early historical times.
The other Samhitas also refer to women sages such as Rishikas. The wife is referred to as sahadharmini. Brahmanas or the texts dealing with the performance of the yajna (Vedic ritual), requires a man to be accompanied by his wife to be able to carry out rituals.
For example, Aitareya Brahmana looks upon the wife as essential to spiritual wholesomeness of the husband. However, there is a mention of some problematic institutions as well.
Uma Chakravarti has pointed towards the condition of Vedic Dasis (female servant/slave) who are referred to in numerous instances. They were the objects of dana (donation/gift) and dakshina (fee).
It is generally believed that from the post Vedic period the condition of the women steadily deteriorated. However, Panini’s Ashtadhyayi and subsequent grammatical literature speak highly of women acharyas and Upadhyayas.
Thus, the memory and practice of a brahmavadini continued even after the Vedic period. The Ramayana, Mahabharata and even the Puranas keep the memory of brhamavadini alive.
Mention may be made of Anasuya, Kunti, Damyanti, Draupadi, Gandhari, Rukmini who continued to fire the imagination of the poets. Texts show that the daughter of Kuni-garga refused marriage because she did not find anyone worthy of her.
The Epics also mention women whose opinions were sought in major events. For example, after the thirteen years of exile, while debating upon the future course of action regarding the restoration of their share, the Pandavas along with Krshna asks Draupadi for her views. Similarly, when Krishna goes to the Kaurava’s court to plead the case of Pandavas, Gandhari is called upon to persuade her sons to listen to reason.
Since a woman taking sanyasa was an act of transgression, one can explore women’s agency through such instances. In the Ramayana, Sabari, who was the disciple of Sage Matanga, and whose hermitage was on the banks of river Pampa was one such sanyasin.
Such women find mention in Smriti literature and Arthashashtra. Kautilya’s prohibition against initiating women into Sanyasa can make sense only if women were being initiated into sanyasa. He advises the king to employ female parivrajakas as spies.
Megasthenes mentions women who accompanied their husbands to the forest, probably referring to the Vanaprastha stage. Another category of literature called Shastras that comprises of sutras (aphorisms) and the smriti texts (‘that which is remembered’) becomes important in the postVedic period.
These textual traditions cover many subjects relating to the four kinds of pursuits of life referred to as purusharthas (namely dharma, karma, kama and moksha). In all these texts we find very liberal values and freedom for both women and men.
The setting up of a household is seen as an ideal for men as well as women (though asceticism for learning is equally praised for both). For example, Apastambha Sutra opines that rituals carried out by an unmarried man do not please the devatas (divinities). Similarly, Manusmriti provides that ‘for three years shall a girl wait after the onset of her puberty; after that time, she may find for herself a husband of equal status. If a woman who has not been given in marriage finds a husband on her own, she does not incur any sin, and neither does the man she finds’
Thus, we see that women enjoyed choice in matters of matrimony. It is interesting to note that unmarried daughters were to be provided for by the father. In fact, daughter is stated to be the object of utmost affection. Should a girl lose her parents, her economic interests were well looked after. It was provided that from their shares, ‘the brothers shall give individually to the unmarried girls, one-quarter from the share of each. Those unwilling to give will become outcastes’
With regards to defining contemporary attitude towards women, Apastambha Sutra prescribed that ‘All must make a way for a woman when she is treading a path.’ Later Dharmashastra also makes similar statements.
Yagnavalkyasmriti mentions that ‘women are the embodiment of all divine virtues on earth.’ However, there are several provisions that look problematic.
On one hand, we have reverence assigned to the feminine (divine and worldly) and important roles being played by them, on the other hand we have questionable provisions and descriptions like right to chastise them through beating or discarding.
The post-Vedic phase from 6th century BCE onwards is also rich in literary traditions with ample depictions of women. Interestingly, we have an entire body of literature that is ascribed totally to women who became Buddhist nuns. These are referred to as Therigathas i.e. the Songs of the Elder Bhikkhunis (Buddhist Women who joined the Sangha).
The Arthashastra Gender Perspectives gives us information on women who were engaged in economic activities of various kinds. They formed a part of both the skilled and the unskilled workforce. They were into professional as well as non-professional employment.
Some of their vocations were related to their gender, while the others were not. There were female state employees as well as independent working women. Similarly, some of them were engaged in activities which though not dependent on their biological constitution are nonetheless categorized as women’s domain, e.g. domestic services etc. Some of them were actual state employees, while some others were in contractual relations with the State. For example, we have female bodyguards and spies in the State employment.
Jaiswal suggests that these women perhaps came from Bhila or Kirata tribe. Female spies were not only to gather information and relay it to proper source, but also to carry out assassinations. However, a closer look at the text shows that there were different classes of female spies engaged for different purposes. Amongst others ‘women skilled in arts were to be employed as spies living inside their houses’. Others were required to work as assassins. Some were to the play the roles of young and beautiful widows to tempt the lust of greedy enemy.
We also have various Buddhist and Jaina traditions giving us some glimpses of the ideas and institutions of the times. Apart from the orthodox (Vedic and Brahmanic) and heterodox normative tradition we have many popular texts like the Epics in Sanskrit and Jatakas in Pali.
Even Prakrit language has many interesting narratives and poetic texts. The Therigatha by the Buddhist nuns are an interesting literary source that provides us with a glimpse of various women who attained arhantship or similar other stages of Realisation.
The deliberation on the age and deterioration of the body by Ambapali, the non-importance of sensual or bodily pleasures by Nanda, Vimla and Shubha etc points towards the intellectual and spiritual engagements and attainments of women.
It is interesting to note that an absolutely contrary picture is presented by the Jatakas wherein more often than not, women are depicted as evil. It is important to note that women were given an evil aura mostly in their roles as wives or beloveds.
Both the texts and the archaeological remains have been studied by various scholars and opposing interpretations are not rare. For example, on one side Sita (from Ramayana) and Draupadi (from Mahabharata) have been seen as victims of the patriarchal order; on the other hand, they are also represented as selfwilled women.
Draupadi after the game of dice presents herself as a forceful and articulate woman. It’s her wit that saves her husbands from becoming slaves of the Kauravas. Her incensed outrage at the attack on her modesty, her bitter lamentations to Krishna, her furious tirade against Yudhishthira for his seeming inability to defend her honour and many more such instances show her to be an aggressive woman. This persona is juxtaposed to her representations as an ideal wife elsewhere. However, Draupadi is never idealised as a perfect wife who endures the most severe trials without complaint. This honour is reserved for Sita in the Ramayana. She is also presented as a victim like Draupadi and voices her concern at her fate openly. However, her aggression is directed inwards as indicated by her action against the self which culminate in her union with the mother Earth.
Are the limited number of hymns ascribed to the Vedic women a signifier of their general status? Are the goddesses merely representational with no connection to the ideas and behaviour towards women? Did only princesses choose their spouses? Are the warrior women an exception? Such searching questions need to be addressed with due diligence.
While women studies are a good development there is a need to expand the horizons to include other varieties of human existence. We have narratives of fluid sexuality in various texts. The one year of Arjuna’s life spent as Brihallana and rebirth of Amba as Shikhandi are some interesting instances. The artefacts found at the site of Sheri Khan Tarakai include visibly hermaphroditic figurines. There is a need to understand the notions of the feminine, masculine, neuter, and other forms of gender and sexual identities. These will have ramifications for understanding the ideas of conjugality, family, community, society and even polity and spirituality.
CONCLUSION
Human civilisations were built by men as well as women, however, history writing has a huge male-bias. Women were confined to questions of status and position that were largely evaluated in terms of their roles in the domestic sphere.
Their treatment as wives and widows became a central focus of most research alongside their place in ritual or religious context. This made them peripheral to mainstream history. This was questioned by various scholars from time to time and led to the development of gendered understanding of history. Focusing attention on women’s history helps to rectify the method which sees women as a monolithic homogeneous category. Writing gender history has helped in building an image of the past that is wholesome and nuanced.