In light of the revelations under the #MeToo movement in India, there has arisen a need to re-think the way we treat women in our country. For years, power and privilege has been misused, while everyone believed we were actively fighting against patriarchy.
Reading the Twitter threads of hundreds of women going through this painful ordeal brimming right at the surface stunned many with its omnipresence. While several women empathized, several men were forced to rethink what they had internalised since years. The movement began a discourse which only calls for change ahead.
The Women’s Sexual, Reproductive and Menstrual Rights Bill, 2018 seeks to bring about this societal change through legislation. Introduced by Thiruvananthapuram MP Shashi Tharoor as a Private Members Bill, it seeks to grant a woman agency over her own body. However unfortunate it may be that a legislation is needed to offer women their basic rights, the bill holds some promise.
The bill seeks to restore the autonomy of a woman over her sexual and reproductive rights. In the #MeToo era, consent has been used as a weapon to get back at the survivor. Unfortunately, ‘the perfect victim’ syndrome plagues society. In-depth study of the Nirbhaya case and subsequent public reaction reveals the outrage was in part as she was the ‘ideal victim.’ A girl in her twenties who had higher ambitions despite her humble origins – a story that many in an aspirational India could relate to. The case struck a chord with the public like no other.
Every incident requires context. However, survivors are often shamed in context of their choices rather than debating the context of the incident itself. The bill seeks to remove ‘clothing preference, caste, profession, personal opinion and past sexual conduct’ as factors for presuming sexual consent.
This might seem like a given. But everyday courtrooms dissect these choices of survivors in cases of sexual assault. Despite the SC ban on the two-finger test, it is still presented as evidence in court to state that the survivor has had sexual relations earlier. How does sexual consent in the past relate to sexual consent in the present?
The Women’s Bill, 2018, would help in setting the record straight through the clear and unambiguous terms in the bill. Societal acceptance, however, will certainly take time.
Although on paper a woman is granted autonomy over reproductive rights, it hardly seems to be the case. Single women are often turned down for abortion and asked to be accompanied by their husbands. There is a social stigma attached to it. Until recently, single women could not even get a passport for their children without a hassle. This bill seeks to grant anonymity to the woman and make abortion a norm rather than an exception.
Certain aspects of the bill needs to consider practical implications. For instance, the Women’s Bill suggests allocation of ₹100 crore for distributing sanitary napkins. The bigger challenge is to get rural women to use pads. In several instances, Indian women refuse to use sanitary napkins as they associate it with shame.
The government should use its current network of Anganwadi workers to counsel rural women and encourage them to use pads.While restoring women’s rights is a step in the right direction, government must follow it up with Public Service Announcements (PSAs) and campaigns so that women may be well informed of their rights.
Private Member’s Bills are rarely taken up by the Parliament. Tharoor’s bill was also turned down in the Lower House. However, it holds key inputs to aid equal rights for women. Initiatives such as Beti Bachao Beti Padhao and Sukanya Samridhi have no benefits unless the basic right of bodily autonomy is granted to women – something that should have always been theirs in the first place.
This bill takes up the issues of marital rape and menstruation among others which need immediate attention. The law is never absolute, it needs to constantly change and evolve. With further consultations with stakeholders, key issues under this bill must be addressed by the government.