Artwork and Content Overview
Below is a wonderful article written and shared with us by Priyam Srivastava which must be read to understand this artwork completely.
“Two things are infinite: the universe and human stupidity; and I’m not sure about the universe.”
― Albert Einstein
This article would deal with Women Empowerment in aspect of law as well as with respect to society at Large. Purpose of Law is to suppress crime, therefore, it could only suppress them. Origin of crime is within the society itself so solution to solve problem should be within society itself. This Article has provided solution to same, which may seem dogmatic/confusing but it will be a choice to be ignorant for every reader itself. Be the Judge yourself.
Signature of Author : Priyam Srivastava
3rd Year, Ba LLB(Hons)
After amendments done in Indian Penal Code with respect to by women empowerment [Section 354, 376 etc.], and the amount of enthusiasm shown by women, the way voices were raised in Damini’s rape Case, and almost all forms of crimes against women, also the way media is covering all stories has raised the level of women in today’s society. But still problem faced by women, if wanted to be finished to its core needs a different perspective. Women Empowerment hence in instant article is dealt in two perspectives i.e. in perspective of law and societal aspect.
This perspective is endless, and remains as theory, reason being solution to problems caused to women from society can only be solved if the ‘I’ change. Question yourself right now, WHO AM I?
The time I am born, everything including the name I get, my father, mother is given to me by society itself. If I at a mature age questions, I would actually be a cumulative reality, experience of life and presently an actor to the situation faced by the person itself i.e. physical, material, emotional dilemma throughout life. Each person lives in his/her on conscious state, which according to Vedas, has been described as chakras in human body.
These chakras/consciousness is the only thing that define I and helps every human being to not only know the problems within that person and also how to solve it. Every person is different from one another but still same. In other words every other person is literally a part of his/her own conscious/subconscious mind but only a part be it negative or positive and that is why people choose behaving differently to one another. A child from its beginning starts perceiving things the way he is shown, accept realities the world show, build-in reasons within him-self to become the person he is and then change according to situations involved. An enlightened state of mind is one which has attained or got glimpse of super-consciousness. But coming back to the topic, all these consciousnesses/chakras are in our control.
How Consciousness helps and can be controlled?
It helps us to decide the way we can react to problems we face in daily life. For e.g. Hindu mythology defines a story wherein the evils and gods, agreed for churning of ocean (samudra manthan). They found ‘elixir/amrit’ and poison. Lord Shiva at that time put that poison in his throat for it could have destroyed earth.As a kid or may be since ignorance is bliss, we perceived it as a story to be remembered for God’s Grace. But as a reasonable man at this point of space and time, I think this story had meaning, for every day we face the same problems and this story is an answer to it. Everyday within our hearts i.e. when churning is done, both good as well as bad thoughts come to our mind. Bad thought we must preserve in throat and good ones must reach brain. When the time is right and situations demand so, that person may choose to spit out all negative thought, thereby not allowing bad thought to merge with brain which would ultimately mess our conscious state and we won’t be prudent man anymore for then the poison/bad thought would govern your mind and not you. That’s why it is very important to understand the ‘I’ within ourselves. This was just a simple example as to how our conscious state of mind can bring in positive changes within us.
Those women who face problems or else not treated equally in their day to day life because of simple reason that they are females. This happens as people around them have one or the other consciousness problem. A prudent man is one who understand every individual have their own rights and no other person can rule other. Right now I am talking about the woman who tends to live in a circumscribed environment within few people, are made to follow several duties because of either custom or any other reason. For e.g. wives, daughters. No matter how much legislation’s are passed, mentality of person having authority over them will not change. Only way out is either the women it’s self-approach court or is helped by some NGO’s if the case is severe enough. Law even if passed and executed to its best is limited to the extent of protecting such victim, and punishment for same can only bring slight changes in society on account of deterrent theory. But in order to bring in changes at grass root level every person has to find answer within him/her-self and start perceiving world as a reasonable prudent man as in accept the changes coming and experience. I know it is hard to just change yourself instantly but we all are born slowly, may be slowly, positively every person will realize the change, realize the consciousness and how it plays with each and every human being.
Those person who have tendencies to rape someone, or has raped someone, at the commission of crime such person consciousness would be much different at that instant. He may or may not have reason to define his activity or why he is doing this, but one thing is sure he is not in a sustainable consciousness state. Our second chakra/ consciousness is sex chakra. And most people are messed up within this chakra only. When this chakra is super active, sexual arousal starts over ruling our mind and hence we react in such manner. Reasons may be infinite and frankly doesn’t matter, but question must always be asked who is under control of whom. Frankly speaking and no matter how much you believe it or not, way to stabilize this chakra is giving yourself 5 minutes of your time.
Let’s start from abstract, everything we see when turned to microscopic level or at basic level proton, electron, neutron defined as Brahma(Creator), Vishnu( Regulator), Mahesh (neutron) also collides with nucleus and generates such reactions which are sufficiently powerful to cause annihilation. Nuclear energy is based on energy mass equivalence and neutron is in major role. likewise violent tandav (a mythological dance leading to devastation and destruction)is the symptom of the end of the world as per the cyclic changes of time . Hence everything including us is energy. It is easy to understand this energy at microscopic level. Both Positive as well as negative energy arises from us and similarly the energy which we have inside if gets mingled with the energy outside, it frustrates all our consciousness, only way out to get back control is meditation. Feel free to sit a calm place or at any place you like, and breathe. Yoga proves that the only thing necessary for living is ‘prana’ or normal breathing. DO IT FOR YOURSELF. Feel the air as a wave going inside bringing in all positive energy and exhale all negative energy. I don’t emphasize in believing in any form of god for be it any religion, every religion/ real preacher of that religion or the person who got epiphany, explains that God is infinite, unmanifested, unbounded. Mathematics proves that infinite exists, science proves our cosmos is infinite and that’s a fact. But we are not here to understand what is God, but we do can realize the essence of positive energy in microscopic form. We do can realize at what point we stand or what need to be fixed accordingly to become HUMAN BEING.
Remember one who doesn’t fall for something can fall for anything. And this is the way we are bought up and unknowingly started ruled by some or the other problem which constantly disrupt one’s personality. It is good to take stand, set your own principles and if you feel you are weak, allows positive energy to mingle with you while remembering the ‘I’ in you thereby not allowing any negative energy disrupt you.
Above mentioned way may seem dogmatic/confusing/ or some might even just overlook the same thinking it to be a preaching. But again, this would be choice made by you to be ignorant.
Marriage Disputes/ Cruelty to women/ Domestic violence, etc. several crimes are recognized in law in today’s date but again these laws can never be the sole way to finish this crime to its core. We can never become ideal state even if all laws made are executed in the best way possible. Only aim that could be achieved would be suppressing of crime. Simple Reason being after all we are the originators of crime, therefore only we can only solve it.
Those people who get frustrated because of problems faced by society and hence take out their frustration on another be it a women/child or any random person is because that person is filled with negative energy and hence it become impossible for the person to understand real problem. He may find several reasons to do such acts to get rid of frustration; this must be the alarming point to realize that the ‘I’ in you has lost control of consciousness. Now first step is to understand that the origin of problem is not the person to whom such frustration is given/take out, also it won’t help but may increase with time. Again take it is as a preaching, as a joke or any other reason to overview it, realizing this positive energy is the only way to get rid of all negative energy and soon you will realize, problem is nothing but a state of mind. Pain not matter how much severe is real and there is no way out to get rid of it, but it’s just a state of mind, consider it like a black hole wherein if you get trapped, thoughts upon thoughts will come, reasons upon reasons will come, in your mind and outcome could be anything, for those who are accused might choose to act in any manner which he would not have done if he would be in normal state of mind, some might pass it to other person who is subordinate to him/her in any way, but the best possible way to get rid of such negative energy is giving it back to the cosmos by way of meditation. This doesn’t mean that person should forget the problem, but logically speaking best solution to any problem can only come to mind if state of mind is peaceful. Believe in the positive energy around you.
The only person to judge in this energy can’t be anyone but you alone so do it for yourself while meditating-
1. First get rid of all your thoughts.
2. Thought’s might hit and play games with your brain in starting, one good way is to concentrate on the breathing process i.e. take in and take out of air through nose.
3. Once you attain a stage wherein your mind is thoughtless, and then pick up thoughts one by one, case by case.
4. Within yourself while realizing the person in you,at the same time realizing that it you who have control over your consciousness understand the problem in all perspective, go to its depth and find the best possible solution/solutions to it and complete you thought to its end till you find satisfaction. Write it down somewhere, so that in case the same thought comes in future, you know you have already thought about it and hence again find the balance within yourself.
5. Remember there might be several problems and hence time to reach solution may differ from person to person.
6. There might be several problems to which no solution is there, may be because you never did anything wrong, even might question why was in the whole world, only you would have to suffer such great problems.
At this point of time I would like to share a story, wherein a person in pain asked Lord Krishna the same question. Why would he have to suffer pain? At this point of time Sri Krishna took that person to a place above earth. He showed all the people with a Matka on top of them filled with all their pain and suffering. The person realized his own matka/pot was only half filled while on the other hand, some people had full/ almost full/ some even filled to extent that it was pouring out of the pot/’matka’. So understand everyone has some or the other problem of their own. Problem faced by us day to day or those because of which a person suffer long term effect within himself/herself is given to us only because you have the power to suffer the same. Just think once, no matter what the problem is you are still alive, though every-day you have right to end this life but still till this time you are the one who faced all these problems. One must actually applause him/herself for the courage, the power shown and for all those things the person had to go through.
Moral of the story being even tension is state of mind. Such state of mind can be controlled through consciousness alone. I know above-said story can’t be solution to the problem.
But I wrote this for you to understand, the present positive energy present in microscopic form can bring in a lot of change in one’s personality and give power to have control on our consciousness.
As far as such memory/pain is concerned for which practically no solution is there, at the best is you can suppress it. The more you realize positive energy in you, the more you find in others, in nature, in environment i.e. around yourself. And if not, at-least would give you sufficient energy to further face problem may be in different way and slowly, gradually help you to find the peace within yourself.
Not only this. This energy will help you to become a person more susceptible to changes and thus react to the change about to come in your life in much advantageous way so that you don’t do something which might become problem for you in future.
In Perspective of law
There are several judgments and one may find several observations of court encouraging women empowerment. I have not cited any case law reason being instant article is not to be seen as one other professional article written by one other random person but to be perceived as realization point for every single being and thereby get dealt in same manner, because law is for the people but has a purpose. Since in our country it is ministry of justice which actually drafts the statute and the bill so formed after going through process of hearing in parliament as defined in constitution and after getting presidential assent to the same and once it gets published in Official Gazette becomes law. But on a practical level, think how can some piece of paper which got its importance within parliament can bring in change to life of women living several miles away, a women devoid of this knowledge and messed up with her own thoughts living day by day. This must be done through awareness either with the help of government to approach every citizen, every woman possible or any other means by way of media/ radio. Still would it actually make a difference among society? Everyone would be treated equally in the eyes of law. A poor woman or a rich woman approaching court would be dealt in equal manner according to their cases.
If the case is for maintenance, amount of maintenance may differ from status of woman to woman but in the eyes of law they will be same. Now what’s the catche? It is the victim which has to approach the court;she first has to lodge an FIR, then go through all legal formality, and then finally wait till one day finally adjudicator decides. The time between the actual happening of the even till the final execution of justice is in itself an injustice, sarcasm being our slogan of Supreme Court says”Victory is where justice prevails”. Question is“Are we really victorious?” This brings in another question what is justice?
Justice depends from case to case, wherein for e.g. In an accident a man A strikes another person from his car and the victim gets brain damage and the person dies, Court in such case can at the most compensate family of that person for medical expenses; in certain case may even give exemplary damages.
Certain cases with respect to crimes against women such as rape come under the case of irreparable loss, wherein court can’t do anything. Definition of justice would be different in such case for damage done is done, at best victim would be penalized, victim may be compensated and that’s it. Justice in the perception of victim can never be achieved. Therefore there cannot be a certain definition of justice.
This in-itself proves that law from its origin is for the purpose of bringing in the balance in dispute/ at best what could be achieved is suppression of such crimes which gets recognized by society at large.
Since this article is with respect to law, and after all the latest amendment and rights given to women, still loop holes within the statutes can be found out-For e.g. a two educated, reasonable male, female legally competent decides to get dunked. At the time of intoxication, women not being in conscious state has sexual relation with male and the next day she feels violated and files suit against that male. According to section 375 of IPC, male will be punished accordingly. Another perspective with respect to male would be, that he was also in same situation, not in his consciousness, but law says that this article is gender biased. He will be punished. With respect to theory of ‘reasonable and prudent man’ since women only consented to only get drunked, man will be punished.Justice in instant case will be with women only. According to my opinion, Case if gone to its core, only thing that should decide who win and who will lose will should, which person initiates such act leading to ‘complicatedly consented sex’. Being a male I am not trying to contribute to male empowerment, but my point is, there can’t be any definition of justice, it is determined accordingly case by case.
The whole purpose of writing this article was to realize that in order to ensure freedom from crimes, freedom from mental tension, power to bring in the change and/or whatever the case may be, changes has to be bought first from within, being we the originator of crime, at the same time flaws within the law must be recognized and instead of over-legislating laws, our aim must be shifted to proper execution of the same. It is only when these two random points gets connected and circle gets completed, aim to outcast any crime could be achieved. BE THE CHANGE YOU WANT TO BE.
“Feminism isn’t about making women strong. Women are already strong. It’s about changing the way the world perceives that strength.” —G.D. Anderson