After Delhi became the rape capital of India
the government passed an ordinance that bars and pubs should not employ women
after 8PM. While I believe most of the people in country would be in agreement
with this move by the government, a majority of the twitter folks and other
main stream media elites were aghast and expressed outrage. Their outrage
stemmed from the fact that the government let rapists walk away free but
penalize employment of women who are innocent.
While the topic of why tweeters
and "common man" have divergent opinions is an interesting topic by
itself - lets set that aside for another day. This post is about why I think
GoI is correct and why I disagree with feminists, many journalists, and most
tweeters writing on this topic.
Allow me to express my disagreement via these
five categories of elementary logic that many arguing on this topic don't seem
to understand.
1. A person is a rapist only if he commits
rape:
I generally
assumed this to be common sense. Its as simple as saying only fruits that are
mangoes can be branded as mangoes. But such is the sad state of affairs that
this needs to be spelled out. If a person has already committed the
act of raping someone, he is a criminal. It would be accurate to brand him a
rapist. The police should be searching for him and work on arresting him. That
is a separate topic. Not directly relevant to the topic of discussion here -
which is preventing rape.
From reading the news it appears that the
police/government have identified that there are areas, time-of-day, situations
where the probability of women getting raped is very high. This means that
there is some evidence and statistical backing to conclude that in these
situations the observed instances of rape is alarmingly greater than the mean.
If a government is a sensible one - it is common sense to prevent exposure of
women to that kind of probability.
This preemption does not mean that
government is letting rapists walk-away free. And you know why that is so? This
is because in this instance the occurrence of rape has been
prevented. By not letting women be in that dangerous situation, the act of rape
did not happen.
Unless there is a pre-existing threat by a specific person, you
can't arrest arbitrary strangers who may have raped a woman if given an
opportunity. Legally, they aren't rapists. therefore should walk free. You can
only arrest people who have raped. So claiming that government let rapists walk
away scott-free while punishing women is an inaccurate statement. There are no
rapists in this situation.
2. In theory, there is no difference
between theory and practice. In practice, there is:
Pause and reflect on the previous phrase for a
moment. This paragraph is based on this theme. My biggest accusation of
tweeters, journalists and social media experts is that they are very
theoretical about laws and constitutional provisions. I accuse them of being
greatly out of touch with some practical reality.
For example; I can leave the
door of my house open and legally expect that no citizen will steal from my
house. In theory this works. In practice this wont. If all citizens open their
doors, they are entitled to expect that the police will prevent criminals from
entering. In theory it is the responsibility of police to ensure this. In
practice the size of police force will not scale up to match the crime rate
increase in this situation. In theory and practice the people who steal in
such situations are criminals and deserve jail sentence. But there aren't
enough policemen in the force to arrest everyone.
The only way the government
can deal with this situation is make it illegal for you to leave the door open.
Extend this to wearing a Rolex watch, wade of $1000 bills in your pocket and a
Ferrari and go to a crime neighborhood. If you do this everyday - you will get
robbed someday.
Yes, the people who mug you are criminals. In theory you have
the right to expect police to protect you at all times. In practice they can't.
In theory the police shouldn't be judgmental on you and protect you.
In practice, they will be and they won't. In theory you can go in a bikini to a
pub, get slosh drunk, hitch a ride with complete strangers in an call-taxi and
not expect to get raped. In theory the police force should assign 1 policeman
with a revolver to protect every single woman who exposes herself to such
dangerous situations. In practice...
3. Human Beings can do more than 1 thing at a
time.
This may sound
surprising to many tweeters but human beings can do two things at the same
time. I can watch TV and eat a muffin at the same time. Really, I can. I have
seen many people do two things at the same time. Some comb their hair and
whistle. Some talk on the phone and type on their computer. But many tweeters
assume mutual exclusion when none exists.
If you accuse a person of being
careless because he left the door of his house open, these feminists assume you
are forgiving the criminals who entered the house and burgled stuff. This is
patently not true. Blaming someone does not mean "shifting the blame".
It is not a zero sum game. I can accuse the victim of being careless and at the same time agree that the burglar is a criminal. You know
why? because human beings can do two things at the same time.
So if police has
given explicit instruction to women citizens to not venture into dangerous
areas beyond a particular time, consume alcohol and hitch-ride with strangers.
And if a woman ends up doing all the above and gets raped. I.. (wait for it)
(wait for it) will blame her for being careless and irresponsible. I will blame
her for not putting a premium on her personal safety.
This does not mean I
condone and forgive the rapists. They are criminals and will need to be
arrested. Punishing a criminal and calling someone careless isn't mutually
exclusive. We can do both things. And we should be doing both.
4. Post-rape situation is different from
preventing rape:
If policemen
act indifferently to complaints of rape they are not discharging
their duty and deserve reprimand. My personal view is that rapists deserve
capital punishment. Eve-teasing deserves multiple years of jail sentence.There
are no situations where a rapist can be condoned and the blame shifted to the
victim. No girl ever "asks for it" because of the way she dresses or
walks or drinks.
It is true that many times women lie about rape. It is
also probably true that the instances where they are genuinely raped far
outnumber the other instances where it is a cooked up lie. Once it is
established that someone has been raped the police should not be biased by the
other cases they have seen where women have lied. They should act in an
unbiased manner to pursue justice.
However, when it comes to preventing rape -
the 'prevention' must be given maximum priority. If this comes at the cost of
marginal economic opportunities for women then - so be it. If a government is
forced to make a trade-off they should always trade-off economic opportunity to
prevent rape.
5. It is not 'All or Nothing'. It rarely is:
Sometimes RBI doesn't allow me to transfer
larger amounts of money across countries at the same time. I am
inconvenienced but not dead. I can still transfer some money. I can't go tell
the RBI that if they don't allow me to transfer $1 billion it means that they
are a non-entity. It doesn't mean I live in stone age. It doesn't mean that I
can't transfer $1 if I wanted to. I can still transfer some money.
Some kind of
jobs may not available in the place where I live. That could be my perfect
dream job. But that is okay - I can find a job that is reasonably close to what
I want that matches my skills. If the government has failed in giving me
employment that is 100% to my liking, it doesn't mean that they have killed all
my hopes for employment. They haven't failed.
Unless I have enormous sense of
entitlement, the fact that I have employment means the govt is doing a good
job. Theoretically they are supposed to help me. But needn't satisfy my every
whim. So lets face it. The government has asked women who work in pubs after
8PM to not go to work. This doesn't mean we have regressed back to the Mughal
era where women have to be covered head to toe and never venture out of their
house. You guys need to get some perspective. Working in a 'saaraya kadai'
doesn't require you to have 3 PhDs and embellish a 3-page resume. You probably
have transferable skills to work somewhere else.
It doesn't mean the government will completely stop women from
working everywhere.
This is not a slippery
slope. It doesn't mean
government will prevent women from working in a place/time/situation where 1
instance of rape happens. It is not "all or nothing". It is an
equilibrium. It is a trade-off or balance where reasonable employment
opportunities are provided for reasonable costs/restrictions. You may ask
"who decides what is reasonable". It is the elected government. Live
with it. If you don't like it change the government. Any other questions on
this will fall into one of these 5 categories.
In conclusion: This is a situation where a government has
traded-off employment opportunities for women in pubs after 8PM to reduce their
exposure to rape crimes. It is probably because of practical difficulties in
ensuring safety for women in all bar/pubs across the country/city/state. It is
not a kick back to stone age for women. Its a practical trade-off. Stop
over-reacting. This leads to "grease the squeaky wheel" situation. The upper class elitist twits make
such a big deal about careless women who get drunk, party and hang out with
questionable strangers. And there is generally no noise about impacted women
who dont fit into this class description.
The underprivileged voiceless women are used in an argument only as an embellishment. They are never the main topic. just a side act. And they are talked about only as a support act when some rich delhi girl gets raped when she's partying at 1AM. In this context the poverty ridden Ranganathan street cloth shop women are mentioned in passing to give the journalist a noble purpose. If these feminists and jounalists truly cared they would've protested against a specific (very very specific) element of injustice in that space. Its not like it never happens. It happens everyday but its never news.
On the other hand nonsense news such as kudigaara bar hopping reckless teenagers (and in the kolkata case: 37 yr old kudigaara mom-of-two was bar hopping and hitch-rided with strangers) getting raped is front and center news. This drains the resources and focus of the govt and makes them focus on unimportant issues. The fakeness of this issue makes an average guy cynical. which further contributes to poor response to real issues.
The underprivileged voiceless women are used in an argument only as an embellishment. They are never the main topic. just a side act. And they are talked about only as a support act when some rich delhi girl gets raped when she's partying at 1AM. In this context the poverty ridden Ranganathan street cloth shop women are mentioned in passing to give the journalist a noble purpose. If these feminists and jounalists truly cared they would've protested against a specific (very very specific) element of injustice in that space. Its not like it never happens. It happens everyday but its never news.
On the other hand nonsense news such as kudigaara bar hopping reckless teenagers (and in the kolkata case: 37 yr old kudigaara mom-of-two was bar hopping and hitch-rided with strangers) getting raped is front and center news. This drains the resources and focus of the govt and makes them focus on unimportant issues. The fakeness of this issue makes an average guy cynical. which further contributes to poor response to real issues.