CRAFT for a CAUSE
Even as the pandemic continues to create havoc and devastate lives, the statistics of toll on lives is troubling. While governments are gearing up to gather data and target policy to keep all citizens equally safe, sheltered and secure, experts believe that the social and economic impacts of COVID-19 fall harder on women than on men. For many women, the pandemic means she has no work, no wages, and the family has been reduced to heartbreaking dependence on charity.
Even as emerging stories of salary cuts, furloughs, unpaid leave and retrenchment are heart wrenching, the good part is that there are organisations and individuals who are putting efforts to address these issues in a bid to empower that segment of the population that is currently undervalued and underutilized.
They have devised programs and initiatives to improve the lives of women and are attempting to build stronger communities. One such initiative named Stitch in Time -- a project to provide livelihood to the underprivileged women in Goa who have lost their source of income due to the pandemic.
It is a "timely" step, as the name suggests, explains accomplished artist Harshada Kerkar, who has started the initiative in association with an NGO named ARZ. The project aims to train women in designing fashion accessories and garments out of used silk sarees donated by well wishers.
"Some years ago, my late husband Adv. Satish Sonak was working on a case of a missing child from Baina. That is when I was introduced to this organisation. Few months ago, I employed a Lamani (tribal) woman whose husband had lost job due to the pandemic. I had no work for her but since she was good in making quilts and mirror work, I decided to have her help me to experiment with fabrics. At the end of two months, we created a beautiful stole," recalls Harshada.
While the woman left citing the task was difficult, Harshada got a call from the NGO which was seeking to help women in distress. "On my part, I decided to train a few women in creating stoles. Friends and family donated their old sarees for the training purpose. Artist Vaihsnavi Shankwalkar helped us to speed up the work. Initially, I trained the women but later got help from clothes designer Hema Nagveker. Social worker Alka Damle and senior journalist Prakash Kamat helped in collecting sarees while Marian Paintal gave tips on how to handle silk and starch it before cutting," adds Harshada
While the work continues, Harshada now appeals to well meaning people to donate for the cause. "Many women are keen to join, but it is practically impossible to accomodate more since we don't have funds. We need more people to donate used silk sarees for the project to continue," she appeals.
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MATTERS of CONCERN
Smashing Patriarchy, the Legal Way
By Dr. (Adv) Shalini Yadav
Property. The one thing that is the backbone of Patriarchy. The right over property is directly linked to the economic and social rights of women. Bereft of equal rights over their ancestral property women have traditionally in Hindu Society been seen as ‘Paraya -Dhan’ and given away in marriage through ‘kanya-daan’. While today the age-old notions of single-life monogamy stand challenged and divorce is a legally sanctioned right, the spectacle that faces many women caught in unhappy marriages or unmarried women is the fear of monetary survival. The Hindu Succession Act, (HSA) 1956, the Hindu Succession Amendment Act, 2005 and the 11th August 2020 Supreme Court judgement on the latter are significant milestones in the quest for women’s equality and empowerment.
Succession, according to Hindu law was primarily a matter of customs, and governed by Mitakshara and Dayabhaga Schools of law. Mitakshara law that codified inheritance based on the concept of the Hindu Undivided Family (HUF)was applicable to most of India except Bengal and Assam. While the concept of Joint Family concerns membership and thus includes women, the HUF is primarily an economic concept dealing with property rights that were granted exclusively to men. Customarily only the ‘propositus’ (the person from whom a line of descent is traced) and three of his male descendants could be Coparceners or persons holding equal rights in the inheritance of this undivided family. The daughters were only entitled to the right to maintenance from the father’s share, but had no individual and exclusive rights in this property.
Reforms in Hindu Law began with the Hindu Law Committee (Rau Committee) in 1941, followed by the second committee in 1944 whose report was submitted to the Federal Parliament in 1947. There was strong opposition from the orthodox Hindu community to the introduction of women centric laws regarding monogamy, divorce, abolition of coparcenary and inheritance to daughters. The Bill was not recognized as being essential to ideas of equality, justice and fraternity of women as these ideas were still nascent to a hierarchical society. In 1948, the All India Anti-Hindu Code Convention brought forth the fears of the Orthodox Hindu men who were strongly opposed to women’s property rights as denial of these had ensured that women were kept in subservient position and could be controlled. They strongly opposed the inclusion of daughter in the line of inheritance on the misogynistic argument that this would break up the families hitherto operating on laws that preserved the family ties and property.
Hence, the Hindu Succession Act, 1956, did not touch the coparcenary system under the Mitakshara law and women continued to be excluded from inheritance rights in the HUF. Property devolved only through male heirs through survivorship. This discrimination on the grounds of gender was in complete violation of the Fundamental Right to equality granted in Article 14 of the Constitution to each and every citizen of India. Gradually by 1986, five southern States in India, namely Kerala, Andhra Pradesh, Tamilnadu, Maharashtra and Karnataka had made amendments in the HSA,1956 to give equal rights to women. More than half a century after it was first tabled, the Hindu Law reform was ready for a paradigm shift in property rights of women as the Law Commission took suo moto cognizance of it in its 174th Report in 2000 and proposed similar amendments to the HSA, 1956.
Editor's Note: The writer is a Gurgaon-Haryana based lawyer, and women rights advocate.
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VIEW-POINT
Gender Equality at Birth
By Adv. Sphurti Kothare
There is formal equality enshrined and guaranteed in Constitution of India in its preamble, fundamental rights, fundamental duties and directive principles. Judiciary plays a pivotal role in securing gender justice. Access to justice is a fundamental right guaranteed under Constitution of India. Women should have easy access to justice and should be made aware of all the rights they are entitled to.
"Once a daughter always a daughter, son is a son till he is married," said Justice Arun Kumar Mishra in landmark judgement of Supreme Court in Vineeta Sharma vs Rakesh Sharma. "The daughter shall remain a coparcener throughout life, irrespective of whether her father is alive or not. Since the right in coparcenary is by birth, it is not necessary that father coparcener should be living as on 9.9.2005.” There were contradictory judgements on inheritance rights of daughters which had resulted in delayed justice. This judgement has directed all courts to pass decisions within six months. To avoid multiple disputes and confusion this verdict held that a registered settlement or partition suit decreed prior to December 20, 2004 will not be reopened.
This verdict has tries to end patriarchal system, a custom and mind-set that girls belong to another family where she will be married and dowry is given hence there is no need of giving share from her father’s property. It has done away with inequality, indignities and unfair discrimination faced by women even though they may have contributed to the welfare of the property by their sheer efforts and talents. She has received respect and right she deserves as a daughter.
The property is one of important endowments and natural assets to accord opportunity to be independent economically for women. Economic inequality between men and women is a contributory factor to gender exploitation and violence against women. Different religions have different laws governing various issues such as marriage, inheritance and adoption which are sometimes bias against women. Uniform civil code which evolves equal rights to both gender already exist in Goa should be implemented in whole country.
This verdict has brought to the fore an important point that if judiciary intends to wipe out the injustice, can do it retrospectively by amending laws in accordance with changing times. Daughters will have to face many challenges, interpretation and enforcement of amended law, male members of family may hesitate to accept the change and they have to bear liability of family debt too. Though Supreme Court has exhibited a dynamic attitude in ensuring gender equality, the rigid mind set and attitude of people towards women should undergo drastic change.
Editor's Note: The writer is a Goa based lawyer, empanelled on Taluka Legal Aid services & Member of All India Women Lawyers Federation.
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FEATURE
Facing the Challenge,
HEAD-ON
"My children are my strength, not weakness," says the mother of three -- two of them with special needs. However, at times, she feels overwhelmed by the challenges and by the strength of her own emotions. Moreover, the death of her husband seven years ago, increased her responsibility further, turning her routine into mundane chores and sleep deprivation.
But despite the odds, Sabina who runs a tailoring business, thus economically supporting two women who work under her -- is making all efforts to fulfil her dream of educating her children so that they lead a normal life.
"Tailoring was just a hobby but after giving birth to my first child with special needs, I decided to convert this hobby into my career so that I could provide all the care and attention to the child, while working from home. Infact, I say that my first special child inspired me to start my own business," explains Sabina.
Born into a middle class Catholic farmer's family, she holds a degree in Commerce and is trained in Nursing and Tailoring. Sabina recalls that her husband died when their younger daughter (born with special needs) was just three years of age. "My son who is also physically challenged, was 12 years of age then. And my second child, a normal boy was aged nine. Circumstances were too challenging," she recollects her agony.
"From brushing their teeth to feeding and bathing, I had to constantly monitor their movements, besides the daily household chores and earning a living. My father looked after my children whenever I had to go out for some work. Now my second son who is 16 helps me with outdoor work and looks after his siblings whenever I go out for work," she adds.
With all her experience, Sabina is now involved in raising awareness about the feelings and parenting of specially abled children. Her advice to mother's facing challenges like she does, is -- "Remain positive in any situation. Raise your children without prejudice. Love them without blame or guilt. They are blessings in your life deserving of love like any other children."
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OPINION
NEP 2020: Impact on Higher Education
By Dr. (Ms). Sameena Fernandes e Falleiro
The proposal to set up the Higher Education Commission of India (HECI) is a welcome move, and this body will act as a single overarching umbrella body for higher education, excluding medical and legal education. This HECI has four independent verticals - National Higher Education Regulatory Council (NHERC) for regulation, General Education Council (GEC) for standard-setting, Higher Education Grants Council (HEGC) for funding, and National Accreditation Council (NAC) for accreditation. This was much needed in our country, so that we have uniformity in education standards. If the proposed plan is implemented, uniformity and coordination for all institutions in this country will be much easier. Process changes will be easily implemented and effective too.
The proposal to introduce a single university entrance exam conducted by the National Testing Agency (NTA) is another big welcome move. Earlier, to seek admission across various universities, a student had to go through the burden of multiple examinations plus the varied difficulty level of question papers across many central universities. If this plan is implemented, a student can give one entrance exam and get saved from the burden of many. At the same time, the question paper's level will be standardized, error-free as NTA conducts it, and the admission process will be streamlined.
The policy also allows universities to set up offshore campuses as well as many foreign universities can now set up institutes in India. This move is welcoming indeed. It will lead to competition, talent flow, and key practices from the outside to India, which will ultimately lead to a great deal of improvement in the country's education standards. It will also provide real exposure to children, and probably there would come a day where students can afford global education in India, instead of spending lakhs in another country.
The focus on having multi-disciplinary colleges in every district by 2030 is a promising idea as well. It will renew the countries' focus on arts, humanities, and a multi-disciplinary form of education to ensure that our students are skilled well for the career ahead. Remote learning of concepts has kept our students very far behind in terms of skills so far.
The policy envisages use of ICT in HE by introducing measures such as online courses and digital repositories, funding for research, improved student services, credit-based recognition of MOOCs, etc.By doing this the objective is to ensure distance learning is at par with the highest quality in-class programmes. E-courses will be developed in regional languages and virtual labs will be developed and a National Educational Technology Forum (NETF) is being created. The ministry will use the technology in education planning, teaching learning and most essentially in assessment. The ministry will develop regulation- self disclosure & minimum human interface in the education sector according to the new policy. It has also given priority to increase access for disadvantaged groups of the society. It will also develop Divyang friendly education software. The new policy is eyeing to digitally equipping schools, teachers and students.
With this policy, I can foresee Gross Enrollment Ratio rising for the country as well as multiple entry and exit options at the undergraduate level have been proposed to be allowed. The academic bank of credit will help store credits, and the concept of credits will finally get more weightage in India. However, the students today will have the freedom to experiment with what they have to learn and have the flexibility in it.
In the end, it is important to point out that these policies have all been proposed, and there is a long way to go before the implementation rolls out.So, it is a prospective plan. The output will come out after some years. So, the transition of the current system to the new system requires proper visionaries on the top of educational institutions in the years to come, but that would depend on how they are approached and implemented.
Editor's note: The writer is Associate Professor at the Department of Computer Science & Dean of Physical & Earth Sciences at Parvatibai Chowgule College of Arts & Science, (Autonomous), Margao, Goa.
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MIND MATTERS
Circle of Soulitude
Circle of Soulitude is a wellness based company founded by two youngsters -- Rhiya Shirwaiker and Tanya Coutinho.
From organising online support groups to conducting workshops, wellness retreats, campaigns, and offering counselling, the entreprise is now branching out into selling organic self care products to boost local manufacturers. "We want to make their products available throughput the country through our E-commerce website," informs Rhiya.
"We have workshops every weekend that include stress management, therapeutic dance workshop, choice theory workshops, we also customise workshops according to the need of the organisations.
We’re now looking to hold trauma healing workshops for different NGOs in Goa that help sex workers or the transgender community. Our first wellness retreat will be held in October," she informs.
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HEALTH
Covid 19 & Homoeopathy
By Dr. Sheetal Madaan
Homeopathy, is a healing method, based on ΄΄Similia Similibus Curentur΄΄ law. A homoeopath looks in to the totality of symptoms revealed during the period of the infection, and prescribes a remedy, which has been proven to heal similar conditions. Homoeopathy acts from cellular level.
From the time, Corona has made an entry in India, AYUSH recommended homoeopathic medicine Arsenicum album 30 to be taken empty stomach daily for three days as a prophylactic medicine against the infection. And, the dose should be repeated after one month by following the same schedule in case the Covid infection prevails in the community.
The Gujarat health department had distributed homeopathic drug Arsenicum Album-30, to 3.48 crore people, which is more than half of the state’s population of 6.6 crore. We saw that, 99.6% of people, who took, were tested negative. We saw the same,when the police troop used in Pune.
The modern medicine has to wait until the cause for the pathology is found, whereas in homeopathy we take into consideration the totality of the symptoms, in order to start the treatment. So, the intervention can be immediate and very helpful for the patient.
The totality of symptoms for every patient become the guiding signs to arrive at the indicated remedy. When we administer the remedy to the patient, with the first manifestation of symptoms, it will prevent the full development of the pathology. Every patient is taken as an individual, and we need to take the totality, to arrive at the correct remedy. There is no possibility that one remedy will cure all cases of a specific pathology. However, from the symptoms, both respiratory and systemic, homeopathic physicians can use remedies in the early, later and final stages of pathology.
Editor's Note: The writer is a homeopathic practitioner, based in Vizak, AP.
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SNAPSHOT
Frontline Warrior: Dr. Tejasi Joglekar
efforts of all the medical heroes working in scrubs and as a tribute brings to you some stories that are inspiring and heartbreaking at the same time.
Meet Dr. Tejasi Joglekar, a young medical practitioner at GMC -- one such warrior who has been attending to Covid 19 patients in the premier government hospital.
She describes the job is very challenging. "It demands a lot of patience and ampathy while dealing with these patients. There is a lot of panic as the whole family of the positive pateint is impacted. Therefore, we need to tackle the emotional factor as well," she adds. However, Tejasi is very content to serve. "I also wanted to serve the community and as a doctor, being able to serve the public in the pandemic is overwhelming," she says.
Listing the line of treatment at GMC, especially for severe symptoms, Tejasi informs, "For symptoms like breathlessness or pneumonia, patients are admitted in the covid wards. They are treated with antivirals. Steam is offered to them while they are kept hydrated. Protein rich diet is served to thede patients. Those suffering from breathlessness are put on ventilators, taught breathing exercises, while very serious patients are incubated."
But there are other issues that she has to deal with as a front line warrior. "For all the medical staff like me who work 24x7, the concern is about our families. Many of us isolate ourselves in our rooms, don't have food with families, and take all precautionary measures taking care we do not infect our families and those who we come in contact," tells Tejasi.
With cases growing exponentially, and after having seen the illness from close quarters, Tejasi has an advice to the people -- "Please use masks properly, wash your hands properly, avoid going to public crowded places, avoid visiting hospitals unnecessarily, drink lukewarm water, avoid drinking or eating anything cold. If you get cold or feel breathless don't hesitate to visit your doctor. Give your doctor the correct history. If we observe the government issued SOPs, we will tide over this pandemic. Stay home stay safe.
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