Consent and Women in Indian

Consent concerning women in India has always been taboo. Historically it has been seen as shameful for women to express their desire, notion families are carrying as "hae ladki Sharma gae" while addressing her marriage, the entire institution of marriage has always been regarded as a wedding between families and a game of men deciding her fate, the ancient Sanatan tradition of "kanyadaan" has the Genesis to such tradition which together with other misogyny prevailed throughout not confined to any particular identifiable group.

Even though our constitution-makers drafted a socialist constitution making a march towards an equal society the fact remains there were only 15 women in the drafting committee out of 389 although given the right to consent which was originally taken from the Islamic doctrine of Ijaab & Qbool (offer and acceptance. But India, as society hasn't accepted freedom of consent regarding its women but the truth remains that these biases have not spared its developed, ultra developed and intellectuals for example a recent case of a Patna High court judge who was accused by her Judicial Magistrate daughter that she has been confined inside her home by her father because she wants to get married to her batchmate who belongs to another caste.

Advocates, NGO's and other social groups who are directly or indirectly encountering such cruel acts in the form colourable form ("things which can't be done directly can also not be done indirectly") narrate how such acts are escaped through so easily as the people who are made to make a check on it are themself pronto such biases it is a usual thing to see an arrest for the kidnapping of a girl gradually the girl turned out to be major, one of the common weapons against consent used by girl's family subsequently endorsed and executed by the executing agency mostly which begins from torturing and extorting money from the young couple followed with the arrest of the boy and end with a filling of the charge sheet on stringent sections of IPC, Later by threat and undue influence girls statement is changed.

The recent case of "Love Jihad" in Srinagar (Kashmir) is the exact case in which the entire traces can be found which showcase normalising of majoritarianism and misogyny. A girl was "saved" from a boy of a different community with whom she got married by her free will as narrated the whole story through a video clip by her but the Massiah of the community saved her from the "forced marriage" and took her back from the confinement of her "abductor" and returned to her parents as obvious she is her parent's property and subsequently married the next day within her community with her "free will" and no one did its work media the fourth pillar of democracy was trying to create a communal divide between the communities for impressing its owners (which everyone knows who they are) unity in-country is a direct threat to majoritarianism as it is the antidote to the isolation of minorities.

The need of the hour is to educate the children of this nation about consent and women, in particular, the transformation in society will not be achieved by making the statue only but by teaching an entire generation to be an equal citizen and inbuilt in them the true spirit of consent which is gender-neutral, after setting the motion in such direction then only the statue can be implemented in true sense.


Riyan Khursheed

Advocate 

8882523221

riyankhursheed@gmail.com

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