Tuesday 12 May 2015

Lessons from the Leslee Udwin Documentary


The recent ban imposed on the airing of the documentary titled “India’s Daughter” by Leslee Udwin, has again brought the infamous 2012 Nirbhaya rape case to the limelight. The brutal and insensitive rape of a 23 year old paramedic student in the National Capital Territory of Delhi sent shockwaves in the entire nation and resulted in mass protests of the kind never seen before in Indian history. The sustained and prolonged public protests forced the government to sit up and take notice. The Justice JS Verma Committee was appointed to “look into possible amendments of the Criminal Law to provide for quicker trial and enhanced punishment for criminals committing sexual assault of extreme nature against women”. The preface of the report submitted by the Committee on January 23, 2013 notes, “The constitution of this Committee is in response to the country-wide peaceful public outcry of civil society, led by the youth, against the failure of governance to provide a safe and dignified environment for the women of India, who are constantly exposed to sexual violence. The immediate cause was the brutal gang rape of a young woman in the heart of the nation’s capital in a public transport vehicle in the late evening of December 16, 2012”. The Committee submitted its report in a record time of 30 days. It made some path-breaking recommendations, some of which were accepted and resulted in the Criminal Law Amendment Act, 2012. Although the committee stopped short of recommending death penalty for rapists, they were nevertheless awarded the same, the final plea to which is pending with the Supreme Court. The gruesome nature of the rape and the fatal physical injuries inflicted on the victim led the court to categorize this case among the rarest of rare cases, deserving an award of death penalty.

 

This incident became a landmark in that it sparked a plethora of debates ranging from law and order and good governance issues to the need of gender sensitivity and a major cultural re-orientation in our society in the way it views and treats its women.

 

The release of the documentary by Leslee Udwin and its hasty banning by the Indian government has re-ignited the debates. The focus this time around has shifted to the accused and their warped mind-sets towards women and the general patriarchal set-up of the Indian society. This shift in focus is a result of the interviews conducted with one of the accused and their lawyers, which clearly portray the unrepentant attitude of the accused two years after committing the crime, and being awarded death penalty for the same. The interviews with the defence lawyers lay bare the ingrained gender bias and male domination in our society.

 

The government, in its haste to ban the release of the documentary in India, has inexplicably reasoned that airing of such views by the accused and their lawyers are is against “national interest” and derogatory to India’s image in the world. This stance, though disgusting, may not be surprising. The government has only lived up to its true character of creating hype for all the wrong reasons and in the process, side-lining the real issues plaguing our society.

 

For me, two core areas emerge that need to be redressed to have a real and lasting impact in transforming our society and changing its mind-set. One is, the right education at the right time, and second is the much neglected domain of prison reforms. The two might not seem to be much inter-related at the first glance, but I will elaborate further on a need of substantial reforms in both, and the exponential impact it can have on the society.

 

Let us first look at the much discussed field of education. It has been widely conceded that a serious and substantive reform of the society has its roots in education reforms. In the wider field of education too, primary education deserves a special mention here. It has been clinically proven that the formative years of an individual’s life play a substantial and crucial role in shaping the personality of an individual. The right guidance at this time of life goes a long way in shaping an individual into a well-developed human being with a satisfactory ability to distinguish between right and wrong. Education is the only means through which this goal can be achieved.

 

The key factor here is the differentiation between education and literacy. The Right to Education Act, 2005 has made education a free and compulsory right for all between the ages of 6years and 14 years. This Act has played a major role in near universalization of education. But the problem does-not end there. According to the 10th Annual Status of Education Report, 2014, released by Pratham, the quality of education, especially in the government schools, leaves a lot to be desired. For instance, according to the report, out of all children enrolled in Std. V, about half cannot read even at Std. II level. The report goes on to suggest some useful measures that can be taken to augment the learning outcomes for children. These, inter alia include, grouping by level and not by grade, special focus, time attention and use of innovative teaching methods in Class I and Class II to ensure that children acquire basic skills, involvement of parents in the entire learning process etc.

 

Another aspect of the entire learning process is the value system that the children inculcate. The aim of education should be not only to enable an individual to read and write, but also, and more importantly, to build a strong value system, which includes respect for humanity, gender sensitivity, achievement orientation, values of honesty, integrity, hard work, empathy etc.

 

In order to achieve this goal, the entire mind-set towards the teaching-learning process needs to undergo a complete overhaul. First and foremost, there is an urgent need to recognize the importance of education, especially at the elementary level. The curriculum designed should not only target at making an individual literate, but also educated, learned and fit enough to live in the society as a well-rounded individual. Teaching needs to be re-established as a noble profession and put on a high pedestal. The economic and social status of teachers should be made commensurate to the importance of their role. Their selection process needs to be rigorous and their training continuous and meaningful. Even the non-state actors in the field of education should be adequately supported and encouraged.

 

The second area in need of urgent attention and repair which I want to highlight here is the field of prison reforms. The modern prison in India originated with the Minute by TB Macaulay in 1835. The present jail management and administration in India operates on the basis of the outdated Prisons Act, 1894. Several Committees and Commissions have been appointed to give recommendations in this area, which include, the recommendations given by Dr. W.C. Reckless, a UN expert, All India Jail Manual Committee, Mulla Committee, Krishna Iyer Committee etc. All these committees have given useful recommendations to deal with the problems of overcrowding in jails, corruption and extortion, unsatisfactory living conditions, staff shortage and poor training, inadequate prison programs, poor spending on healthcare and welfare, lack of legal aid, abuse of prisoners, inadequate means of mental and spiritual development etc. Most of these recommendations have remained on paper and the conditions of Indian prisons remains dismal to say the least.

 

To make any real headway in this area, again a complete change in mind-set is required. Prisons need to be seen not as punishing institutions but as reforming institutions. It is natural that after the Nirbhaya rape case, the country cried out for justice in one voice, and quick legal changes were introduced to calm the nation down. But the controversy surrounding the release of the documentary forces us to think beyond the usual. Even after being given the death sentence and spending more than two years in jail, the accused retains the audacity to justify his crime and almost be proud of having committed it. The thought provoking aspect here is not the effect that airing such views will have on the society, but the underlying conditions that encourage this perverted thinking of the accused. He is only giving back what he has been able to take in. He has never been taught to value life. He does not know the meaning of female dignity. Is it that impossible a task to show him the right path and guide him to right action? If an individual can be indoctrinated to act as a human bomb and take his own life for a perpetrated cause, can he not be indoctrinated with the right values to live a life of dignity and respect? Can our prisons not open the doors to a new life for the misguided ones who enter their doors? Yes, there will remain a few who refuse to reform, and we do have adequate laws to deal with such ones, but for the rest, do we not has something better to offer?

 

Do the above measures not have the potential to create a ripple effect and make the world a much better place to live in? I leave you to decide for yourself.

 

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