Co-Authored by: Jahnavi Srivastava and Ramneet Kaur
“Yatra Naryastu Pujyante Ramante Tatra Devta, Yatraitaastu Na Pujyante Savaastatrafalaah Kriyaah”
Translation: Where Women are honored, Divinity blossoms, and wherever women are dishonored, all actions no matter how noble, remain unfruitful.
Ancient Indian society gave women a very noble and respectful place.
On the other hand, an ancient text known as the Manu Smriti, which dates back to around 200 BC, regarded women as perpetual minors who required direction from their male counterparts throughout their lives. The dichotomy surrounding the perception of women has persisted for ages, with one perspective associating them with the divine and another insisting on their subordination to male authority throughout their existence. While the former has a historical basis, the latter has endured and even gained legal sanction in some contexts.
The discourse on marital rape is founded on a similar ideological polarity, with some advocating for women's sovereignty over their bodies while others uphold the inviolability of the marital union, even when it involves transgressing a woman's consent and bodily autonomy. This chasm presents a moral impasse that demands nuanced consideration. The mere idea of marital rape still being an exception inherently implies the unwillingness to upset the apple cart of deep patriarchy.
The 'C' Word
Consent; The anathematised 'C-Word' elicits emotions that hint at it being a tabooed concept which is disconcerting to say the least. Premising this illicity, we rope in another tabooed concept of sex work, aiming to reflect a moral abyss that underscores the complexities of the issue. Sex workers are often forced into the industry due to poverty or lack of other options, and they face significant risks to their health and safety daily. Their work also forces the lines of consent to be blurred which pushes them to be fragile and vulnerable, like petals caught in the crossfire of a raging tempest.
But there is hope.
Clinical legal education provides an ideal learning environment for students to apply their knowledge in real-world settings. It is an effective approach to increase human rights knowledge in communities, both practically and theoretically.
Legal clinics and organizations, such as The Lawyers Collective, Shakti Shalini, The Durbar Mahila Samanwaya Committee (DMSC), RIT Foundation, and All India Democratic Women's Association among others offer legal education sessions, representation, and advocacy work to improve the legal and social conditions for sex workers and survivors of marital rape.
Institution-based organizations, such as Para-Legal Volunteers, Pro-Bono workers, Legal-Aid centers, Pink Legal Zariya, GirlUp, and Nyayry, also help create awareness through lawyers and law students who provide legal advice and representation to sex workers. They conduct legal education sessions to help sex workers understand their rights. These programs act as a beacon of hope, providing guidance and support to those in need, and paving the way for a better tomorrow.
Imagine a world where butterflies flutter fearlessly, unencumbered by social stigma and legal oppression. In this world, women have the agency to make choices about their bodies, without the fear of being violated by their partners. This utopian vision may seem far-fetched, but clinical legal education is helping to make it a reality.
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