In this blogspot, Kamakshi Gupta, law student, University of Petroleum and Energy Studies, Dehradun, writes about the gender discrimination which is prevalent, and analyzes as to how‘Pinjra Tod’ a movement by the students is trying to eliminate that. She also goes on to write about the legality of the movement.
Recently a campaign had been organized by the students of Delhi University. All the students came together under the banner of ‘pinjra tod’ that means ‘break the cage’ which was against the regressive hostel rules and all policies that have been made for women’s hostels and dormitories across the country. Now day’s women’s hostels in India have been means of imprisoning girls and women. These hostels are seen as an extension of homes, it acts as a home far away from home, but having so many restrictions is a violation of basic human rights. Typically, wardens those who manage the inmates of such hostels impose certain restrictions regarding the timings and especially the night outs, and such restrictions are not reasonable. These hostels then become jails for the inmates.
VIEW OF THE INSTITUTIONS
It’s not only about the rules and the restrictions but the attitudes of the authorities of such institutions. The authorities give reasons for such restrictions stating that these restrictions have been made for the safety of women, and they do not have any other intentions. On the other hand, they contend that women run amuck if are let out. Due to the lack of clarity of thought behind imposing such restrictions, it comes across as double standards people have and these restrictions make such standards evident. The rules forbidding women from staying out late, leaving the college premises alone or to take leave on weekends and such restrictions are just a way to police them. No doubt the authorities have a responsibility towards ensuring the well-being of the students as they are far away from homes, but imposing unreasonable restrictions is not the right way.[1]
WHO’S PROTECTING THE MEN?
Why is it that such restrictions are not imposed on men, there is no such institution barring men from going out nor are any kinds of codes of conduct or curfew hours prescribed for men. If we look into the acts like ragging and bullying, these are practiced in boys hostel to a large extent and is much more than it is practiced in the girls hostels, but still no restrictions are imposed on them.
LEGALITY OF THE CAMPAIGN- INFRINGEMENT OF FUNDAMENTAL RIGHTS.
We all know that Constitution of India is the supreme law, but our educational institutions are at times guided by the fairy tales to model their policies. But such curfews inspired by the Cinderella’s stories applied on women are against the constitution and violates the right to equality and freedom of movement. This campaign is an urge to young women to free themselves from unreasonable restrictions on their freedom.
Recently Narendra Modi said that women should not be shut behind the doors.[2] Article 15 of the Indian constitution clearly states that government shall not discriminate any citizen on the grounds of sex.[3] Though article 15(3) makes a special provision enabling the state to make special laws for women but above all, the constitution imposes a fundamental duty on every citizen through articles 15(A) (e) to renounce the practices derogatory to the dignity of women. As women are not allowed to go out and move freely according to their conveniences, then this again is a violation of article 19 of the Indian constitution which specifically states that every citizen has a right to freedom of movement regardless of the gender. Specifying the time for women and not allowing them to go out in the night is just a way to restrict their movement. The university officials argue that these curfews are necessary to secure the students from the crimes such as gang rape, dangers faced by women especially at night while using public transport. The pinjra tod campaign denied all such arguments saying that the solution to these problems can’t be by locking girls inside. In fact, such an act of the institutions give men freedom to do whatever they want to do.
THE DEBATE ON GENDER EQUALITY
Such cases bring upon the debate regarding gender inequality. Even after so many advances and progress our country has made, gender inequality is still prevalent in the society. Apart from this incident, there have been other cases wherein, gender inequality has been quite visible and still there has been no action.
In the case, Indian cricketer Amit Mishra[4]; a fatal gang-rape of a medical student stunned the capital in December 2012. The cricketer got bailed after a few months. These are the reasons that encourage people to commit crimes, as they do not fear the law. If we really want to make the city safe for women, we need to make strict laws and make sure these laws are implemented well. This will not give a reason to institutions to lock women inside the 4 walls.
There was another case of blind Muslim teacher[5] there was a blind Muslim teacher who was barred from being rented a flat in India. One thing demanded by students was that at least the curfew be half an hour after the library closes or at before the last metro so that women don’t feel they are being trapped or locked out of public places, and even they have right to access. There have been petitions filed by the students in this campaign which was addressed to the Delhi Commission for women and collected about 1200 signatures. This shows that more and more are against such inequalities.
AUTHOR’S VIEWS
If we critically analyze this scenario and look into all the aspects, the universities state they are concerned with the safety of women and these rules are important for keeping woman safe as if something goes wrong the university authorities will be blamed in the first place. So if students want to enjoy their freedom, they need to negotiate this with their parents at the initial stage.[6] These statements just do not seem logical. What if there are few people who are open to giving freedom to their daughters will the authorities be willing to remove such restrictions for them?
No doubt restrictions are good as it helps in maintaining discipline, but such restrictions should be reasonable enough. All women have the right to decide where they want to go, till what time and with whom. Instead of imposing such restrictions, all should strive to make the country a safer place to live in so that even women can move freely according to their will and choice.
[1] http://www.thequint.com/women/2015/10/12/pinjra-tod-breaking-the-shackles-of-protection
[2] http://gendermatters.in/2015/10/pinjratod/
[3] Constitution of India.
[4] http://tribune.com.pk/story/995112/indias-women-students-rebel-against-university-curfews/
[5] http://tribune.com.pk/story/995112/indias-women-students-rebel-against-university-curfews/
[6] http://www.youthkiawaaz.com/2015/10/pinjra-tod-womens-hostel-curfews/
