Women Are Born With Violence, Those With Disabilities Suffer Double Discrimination, Says Madras HC. Will Things Change?
I was recently going through a social media influencer’s Instagram stories, where a conversation about skincare brought up an interesting point. As women, biology is already rigged against us from the time we’re born. And it doesn’t get better; if anything, it gets worse with age. Through puberty, through marriage and childbirth and ultimately even post menopause, our bodies just can’t win can they. And now the Madras High Court has pointed out another constant in a woman’s life that stays with her no matter what her age is: violence. While convicting in the case of an attempted sexual assault by three men of a deaf and mute widow, Justice K Murali Shankar said that not only are women live in violence from cradle to the grave but also, women with disabilities have to suffer double discrimination because of being disabled and being women.
Bar And Bench reported that in the the judge made these remarks in his verdict of a criminal appeal made by the three men accused of attempt to rape on a widow with disability, against a 2016 trial court verdict (Saravanamuthu and ors v. State).
Women face violence from the womb till grave; women with disabilities suffer double the discrimination: Madras High Court
report by @meera_emmanuel #madrashc #ViolenceAgainstWomen
Read full story and judgment: https://t.co/XkpCEaieLD pic.twitter.com/MzKVZccBQM
— Bar & Bench (@barandbench) July 6, 2021
Case details
(TW: Rape)
According to B&B, in 2013, the victim who belonged to the Arunthathiyar community had gone out to graze cattle. It was stated that two of three accused placed their hands on the victim’s mouth, while the third lifted her clothes in an attempt to rape her. The victim was accompanied by two boys who tried to stop the accused, but were pushed away. They then ran to fetch the victim’s father, who arrived on the scene and the accused ran away. Since the victim was deaf and mute, she explained what had happened to her father through signs and gestures.
A police complaint was then registered against the three men, accusing them of offences under the Indian Penal Code (IPC) and the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989. In 2016, the trial court convicted all three under Sections 354B (assault or use of criminal force to woman with intent to disrobe) and 342 (punishment for wrongful confinement) of the IPC, and sentenced them to seven years’ rigorous imprisonment.
The three accused then moved to the High Court to appeal against their sentence.
Also Read: Kerala Women’s Commission Chief Tells Domestic Violence Victim To Keep Suffering, Gets Backlash
Judge’s remarks on the abysmal situation of women in the society
The Madras HC not only upheld the trial court sentence and dismissed the appeal of the accused but it also did so by pointing out that the accused took advantage of the victim’s disabilities and the challenges she faced as they proceeded to assault her.
But it was Justice K Murali Shankar’s words on the situation of women and how society’s predatory attitude towards them continues to remain undeterred despite so many cases of punishment, that hit a nerve. He added that what was worse is that while all women are born with violence, those with disabilities have it much worse. The honourable Judge commented,
“Despite the imposition of severe punishments, the attitude of society towards women is not changed completely. Violence is something she is born with, from womb till grave. In the present case, the victim is a woman with speech and hearing disability, considering the nature and seriousness of the offence committed against the hapless lady, the punishment imposed cannot be said to be excessive.”
While dismissing the appeal of the accused to overturn the trial court’s sentence, the Judge concluded with a remark that needs to heard, acted upon and upheld by our country’s legal system and the society as a whole, to bring some relief to women.
“Every one accepts that we are to treat women well. But that is not enough. It’s time to work, to make sure that all men treat women well. With the fond hope that this happens in our society, the accused herein cannot be dealt with leniently and accordingly, the Criminal appeal stands dismissed.”
I really hope that the HC’s fond hope does come to pass in the future, distant at least, if not near.
