How The Special Marriage Act Is Killing Love

The withdrawal under social media pressure of a Tanishq ad that depicts an interfaith marriage tells us that even in modern India some alliances continue to be out-of-bounds. Provisions in a law that enables secular marriage are, ironically, often a tool for harassment. My story with Surbhi Karwa for Article-14.

The Tanishq jewellery advertisement that depicted interfaith marriage was withdrawn after the company succumbed to a coordinated hate campaign on social media.

When she was in the fifth standard, the last of her four elder sisters got married, and her mother asked: “Who is going to help with the housework?” Amreen Malik never again went to school. While her mother worked in the fields, it was the job of the 12-year-old to cook, clean and care for the rest of her family, including three younger brothers.

“I was not allowed to go out or have friends,” she said.

Mohit Nagar’s father had a small medical store right across the road from Amreen’s house in the village of Kharauli in the western Uttar Pradesh district of Meerut. Elder to Amreen by four years, Mohit would often hang out at the store.

One day when she was around 15 or 16, she can’t remember when, he called on the landline at her house. She picked up. And so began a relationship by phone until his father found out and told Amreen’s father.

Life Through A Nariwadi Chashma

How a digital platform in Bundelkhand is telling the story of rural India through a feminist lens.

The Khabar Lahariya logo

At Hathras, a gaggle of media and OB vans has descended on the house gutted by tragedy. Reporting from the scene, Khabar Lahariya’s editor Kavita Bundelkhandi and reporter Meera Devi have clambered up onto the roof to take a look. What they see is swarms of police and a media melee where excitable reporters who’ve taken over the house, chatter, laugh, eat biscuits, and, every now and then, shriek into their mikes.

“The family is pleading that they have no strength to speak but the media has not stopped thrusting mikes into their faces,” reports Kavita. The bereaved and beleagured family has had no time to even cook and the children are hungry.

The women-led digital platform that today counts 30 reporters and stringers across 13 districts in Bundelkhand has for close to two decades, been chronicling a side of India that is rarely seen and seldom written about.

Despite the fact that 65.5% of our population lives in rural India, stories from the “hinterland” make up no more than 2% of all stories in the mainstream press, finds a recent report. When these stories are told, they tend to fall into two buckets: the sensational crime report or heart-rending agrarian distress. When you think of exceptions, website like PARI (People’s Archive of Rural India) come to mind, taking the trouble to also look for human interest stories of aspiration and hope.  

Being A Dalit Woman In Modern India

To say don’t make the rape of a 19-year-old Dalit woman in Hathras about caste is ignorance, and privilege. But, the systemic oppression of Dalit women isn’t new.

Two nine-year-olds are fighting over something inconsequential in district Patna, Bihar. As the fight shows no sign of flagging, the elders of one of the boys, dominant castes as it turns out, decide to get involved. The Dalit boy must be taught his place.

The dominant caste men catch hold of the Dalit boy’s mother. They strip her and parade her through the village. The woman’s mother and daughter try to intervene and are thrashed. Finally, the village sarpanch steps in and a bystander offers the woman a shawl. An FIR is filed but the accused gets bail.

This story is being told by the woman’s husband at a conference organized in New Delhi by the All India Dalit Mahila Adhikar Manch.

The Unacceptably High Price Of Love

Couples who wish to marry under the Special Marriage Act must serve a 30-day notice during which their personal details are on public display. This violates their privacy and leaves many vulnerable to parental and community reprisal.

Courtesy: The Indian Express

In October last year soon after ‘S’ informed the district magistrate’s office in Lucknow that she wanted to get married under the Special Marriage Act (SMA), she received an unexpected invitation at home: to visit the local police station.

The police met her, her partner and her father to conduct an ‘inquiry’. Why get married in court? Was the father ok with her decision? Fortunately for ‘S’, he was, even though the Act does not require parental permission, only consenting adults.

“In Uttar Pradesh it is routine to call couples and often their parents to the police station, particularly in cases of inter-religious marriages,” said Lucknow-based lawyer Renu Mishra.

Enacted in 1954, the SMA was for those who wished to marry outside their religion’s personal laws and customs, caste and, often, parental consent.

India’s worrying surge in child brides

The spike in child marriage, a side-effect of the pandemic, threatens to reverse gains by years of activism. But a government proposal to raise minimum age to 21 for girls is not going to solve the problem, I write in Hindustan Times

Photo courtesy: TheBetterIndia

Gita got married when she was 12 but, like most married girls in her village in Rajasthan, continued to live with her parents and go to school. Her gauna — a ceremony when the bride moves to her marital home — would happen years later. But when the lockdown began, her family decided it was time. Gita, on the verge of completing secondary school, was dispatched to her husband’s home. When she left, three other girls from her village had their gaunas too.

The surge in child marriage is an unanticipated side-effect of the pandemic.

Between March and May, Childline India, an organisation helping children in distress, intervened in 5,333 such marriages. “Given that there was a lockdown and no events, no movement and no mobility, the number is very high,” a Childline official explained. When the lockdown eased in June and July, child marriages spiked, marking a 17% increase over the previous year.

There’s a strong correlation between Covid-19 and child marriage.

India’s one million strong fighting force of women

India’s army of community health workers, the one million Asha workers and 1.3 million anganwadi workers, are invisibilised despite the critical role they play in fighting Covid-19

Courtesy: Behanbox

Sunita Rani knows the meaning of hard work. As an Asha — the acronym stands for accredited social health activist — her days used to start at 7 am: distributing supplements to pregnant women, taking them for check-ups and to give birth in hospitals, tracking their children’s weight and vaccination records, even advising young wives about contraception.

“You had to be on call day and night. You never knew when you would be needed,” she said on the phone from Sonepat, Haryana.

Then coronavirus struck and ‘hard work’ took on a whole new meaning.

Since March, Sunita has completed 11 rounds of interviews and data collection among the 1,000-odd people under her care. Under a scorching sun she walked up to five km a day, telling people to stay home, documenting the elderly and the sick, monitoring for symptoms, checking on those who needed medicines for conditions like diabetes or tuberculosis.

How Indian courts define a married woman’s place

In defining ‘cruelty’ in divorce cases—wives who don’t wear a mangalsutra or prioritise careers or want to live separately from their in-laws or do not make tea—Indian courts often fall back on stereotypes of the role of wives in marriage. My report with Surbhi Karwa for Article14.

Illustration: Tara Anand for Article14

Momita was visiting her grandmother at 7 pm on 13 January 2018 when Alamin Miah dropped by and asked her to step outside. Then, he threw acid on her face. The attack left her with third-degree burns on her forehead and eyelids and second-degree deep burns on her face and right shoulder. The damage and disfigurement are permanent.

Alamin Miah is Momita’s husband.

They had married in March 2017 but within days Alamin began beating Momita for failing to bring a dowry of Rs 10,000. Five months later, he dropped her off at her father’s house. When he changed his mind some weeks later and asked her to return, she refused.

A sessions judge gave Alamin the maximum sentence under the law against acid violence: imprisonment for life and a Rs 100,000 fine payable to Momita. For violating section 498A of the Indian Penal Code, 1860, he was sentenced to another three years in jail with an additional Rs 5,000 fine.

Alamin appealed against the decision. On 20 July 2020, a two-judge bench of the Tripura High Court reduced the sentence, citing Momita’s refusal to return to her matrimonial home, the same home where she was being beaten by her husband, as a mitigating factor.

The judges found Momita’s testimony about the acid attack “cogent and consistent”. Yet, they observed, “His reluctant wife was not willing to reunite with him which might have caused a sense of frustration…we cannot overlook this mitigating circumstance.”

Alamin’s sentence was reduced from life to 10 years, the minimum under the law. The fine payable to his wife was also brought down from Rs one lakh to Rs 25,000.

Sex work in the time of Covid-19

The lockdown and social distancing measures have pushed India’s sex workers to the edge

Pic courtesy: International Women’s Health Coalition/Creative Commons

In March, Jayashree Patil learned that she had been accepted to a nine-month leadership training programme in Washington, D.C. She had every reason to be proud. It was a competitive programme and she had completed her schooling under extremely challenging circumstances.

Then coronavirus paralysed the world, and the training programme was deferred by a year.

Jayashree, the daughter of a sex worker born and raised in Mumbai’s red-light district, Kamathipura, was devastated. “I can’t wait for a year,” she told me on the phone. It would mean putting on hold her plans to complete her B.A. “Next year I’ll be in university. I won’t be able to take nine months off.’’

Rules of engagement

Netflix’s new show, Indian Matchmaking is regressive, but not more than the patriarchy that governs the rules of marriage.

Sima Aunty, everybody’s favourite matchmaker, in a still from the Netflix show.

One critic calls it “this year’s scariest horror show about arranged marriages”. And on social media, there is a raging storm over sexism, casteism, colourism and a range of other isms.

As Netflix’s eight-episode reality show, Indian Matchmaking kicks off, the conversation about the business of arranged marriages has gathered pace.

Indian Matchmaking doesn’t claim to wear a reformist cloak. Executive producer Smriti Mundhra calls it an “unscripted, fun, crazy, light look on the surface of the Indian marriage industrial complex.” It’s an industry that places a premium on women who are fair, tall, “slim-trim”, and, above all, “flexible”. Families must be “respectable”. After all, alliances are not between individuals, but families. One eager mum tells her son she’s looking for “someone to take care of you”. The son, no surprise, is looking for someone like mummy.

And yet, Indian Matchmaking underplays the seedier underbelly of the marriage market. Dowry, for instance, is excised from the show. And non-conforming clients include a single mom as well as a Catholic man who says he’s open to meeting women from other religions. In one case, the match-maker introduces a woman who is seven years older than her prospective groom.

As alleged rapists roam free, gang-rape survivor is sent to jail

A traumatised gang-rape survivor who raised her voice in a Bihar district court and asked for two social workers–they helped her complain to police–while recording her statement was arrested along with the two social workers. With the district under lockdown, it is anybody’s guess when she will be released.

Image courtesy: Aasawari Kulkarni/Feminism in India

Two weeks after a Karnataka High Court judge observed that falling asleep after rape was “unbecoming of an Indian woman”, a judge at the Araria District Court in Bihar has sent a gangrape survivor to jail.

“Sending to prison a woman who has been raped will have a chilling effect on women as a class. It impedes access to justice”, Supreme Court advocate Vrinda Grover said. “With the arrest and imprisonment, the rape survivor’s worst fears have come true and reinforce the hesitation and apprehension that women have in approaching the criminal justice system.”  

Recording a statement made by a 22-year-old woman four days after being gang-raped by four men–none of whom have as yet been arrested–district judge Mustafa Shahi sent the rape survivor along with two social workers who had accompanied her to jail. 

The three are at present lodged at Dalsinghsarai jail in Samastipur district, some 240 km from Araria where the rape is alleged to have taken place and where the survivor lives.