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An archive of the blog posts at indiainlondon.com which is no longer maintained. We hope you enjoy delving back into some of our past musings and thoughts.

Tuesday, 31 December 2013

Gender segregation - separate but equal?

male femaleEarlier on this year, University College London (one of my alma maters) hosted a debate organised by the Islamic Education and Research Academy (IERA) on ‘Islam or Atheism: Which Makes More Sense?’  The two main speakers were Professor Lawrence Krauss (an atheist) and Hamza Andreas Tzortzis, a lecturer on Islam.  The IERA had apparently requested that men and women be segregated in the seating arrangements.  Despite assurances from UCL that no gender segregation would be allowed it seems that a policy of sexual segregation was allowed on the night by organisers, even having separate queues and separate entrances for men and women[1].  When it became clear what was happening, Professor Krauss intervened and threatened to leave if the policy was enforced and it seems that the organisers had to back down.  But some students were left feeling angry.  Adam Barnett, a journalism student the organisers had tried to physically remove from the theatre for non-compliance with the segregation policy said, ‘What happened on Saturday is a scandal.  UCL and the organisers owe an apology to me, my friend, the audience and the general public.  For a London University to allow forced segregation by sex in 2013 is disgraceful.  The organisers should also apologise for their appalling behaviour if they want to hold any more events on campuses in the future’.  He added, ‘It’s insulting to be told that because I’m a man I can’t sit near women in the audience.  I’m not in the habit of forcing my presence where it’s unwanted, but the event’s organisers have no business policing social matters of this kind’[2].

Universities UK – the vice-chancellor’s group - subsequently issued guidance on gender segregation at events, which – in true UK fashion – seemed a classic ‘fudge’.  They claimed it was a complex balance of promoting freedom of speech, when hosting orthodox religious groups, on the one hand and compliance with equality and discrimination laws on the other.  They came out with the guidance that suggests segregation is likely to be OK as long as men and women are seated side by side and one group is not at a disadvantage (as women might be if seated at the back behind the men)  – saying the law is unclear where the segregation is voluntary.  Both David Cameron and Michael Gove (among others) have – quite rightly- condemned this advice, with Gove describing it as a ‘pander to extremism’[3].

It is interesting to see this debate continue, especially as gender-segregation is still endorsed to some extent in UK society[4].  I went to an all-girls’ school and my son currently goes to an all-boys’ comprehensive school (his choice, not mine – to the extent that choice exists in local authority school place allocation).  The debates go on as to whether boys and girls do better or worse at single sex schools.  I can say, however, that at my (academic, exam-focused) girls school, I had no problem in both doing an ‘O’ level (as it was then) in dressmaking (the only practical subject I could do) and then go on to do science ‘A’ levels (biology, chemistry, physics) with no thought whatsoever as to whether my gender gave me more aptitude for one or the other.  I just did what I enjoyed and found easiest.  Plus, being the only girl in my family, with two older brothers (both initially physicists), it never occurred to me that I was any less able than them in so-called ‘male’ subjects.  I continue to do most of the DIY and car repairs myself (and even hold a certificate in plastering), such is my disregard for stereotyped male and female roles.  This has led to many a confrontation in my life (yes, an argumentative nature as well) – most recently with a Muslim female colleague – highly capable, educated etc. who seemed to insist that women were more emotional and less able to do certain things – such as car repairs and DIY.  Why?  It just has not been my experience.  But then personal experience and scientific analysis are perhaps not mutual bedfellows.  I accept that my experience of one does not necessarily equate to the experience of millions within a whole population and we delve into the complexities of the nature / nurture divide.

I am also reminded of my experience during my so-called ‘Buddhist days’[5].  I had had an interest and association with the Friends of the Western Buddhist Order (FWBO) – now Triratna - since I was around 15/16.  I became vegetarian when I was 17 and tried to practice meditation on and off throughout my university days.  When I was 24, however, I found myself back in Croydon (where I grew up) and at a loose end.  My old school friend (from my brother’s single sex school, not mine) – Garry – had recently been ordained into the FWBO and given the Buddhist name ‘Dhammavijaya’ (meaning ‘victory’ of the dhamma  – the ‘dhamma’ being the teachings of the Buddha).  He was working at that point in a vegetarian restaurant in Croydon, run by Buddhists and associates of the FWBO, affiliated to the Croydon Buddhist Centre at the same location.  The FWBO at that time had a ‘single sex principle’ (though some would argue it was not a ‘principle’ but rather an ‘idea’.  It seemed like a principle at the time).  So, FWBO businesses and associated residential communities were either men’s or women’s.  At Croydon, it is fair to say that the men ran the show.  There was a wholefood shop with integral sandwich business – run by the women.  The adjoined café and restaurant was run by the men, together with the Centre team – the team who ran the Buddhist centre - also male.  Order Members were overwhelmingly male – with only 1-2 female Order Members to contribute to the Centre management and Mitra process (‘Friend’ of the Western Buddhist Order – one stop short of being ordained).

At the time, I was classic recruitment material: middle class, educated, idealistic, vulnerable and at a pivotal turning point in my life.  Dhammavijaya suggested that I help out in the women’s business – the wholefood shop – if I had nothing else to do (which I didn’t) as they needed staff.  I obliged and then went on a retreat at Rivendell, the local retreat centre in Sussex, offering an introduction to Buddhism and meditation - and was hooked.  I promptly took a sabbatical from any further studies I might have been planning and went to work in the wholefood shop full-time.  Shortly afterwards I moved into the associated women’s community in Streatham.

So there I was: a feminist having gone (from the age of 9) to an all-girl’s school. From there I went to university, rebelled against the patriarchal, oppressive culture (at the time) of medical school, then lived in a radical feminist household – most of whom were lesbian and who wanted to minimise the presence of men in the house.  All the while I seemed to be the only heterosexual woman around, with one main relationship at this time together with male friends.  I had gone through my angry phase (‘all men are potential rapists’) and finally started to mellow, to begin to see my fellow male human beings as not only human as well, but also flawed and fragile human beings as I increasingly acknowledged myself to be.  I did not have all the answers, and nor did they.

Then I started working in the Croydon wholefood shop.  The culture at that time was highly gender segregated.  We women worked in the wholefood shop (with sandwich business), while the men formed the ‘Centre’ team (running the Buddhist centre) and restaurant business.  There were various associated communites: all of which were gender segregated.  Two main men’s communities – one in Clapham and one in Purley, with one main women’s community (‘Khadiravani’) in Streatham.  These were closed communities – ie. that members of the opposite gender could not enter them.  One time, shortly after moving into Khadiravani in Streatham I decided to sell my car (as an attempt to unburden myself of all material possessions).  I found a buyer, who happened to be male.  There was then an awkward moment on my part where we had to fill in the necessary paperwork for the transferral and exchange money.  This obviously could not be done on the doorstep, not could I invite him into the house so easily – it being (unbeknownst to him) a closed Buddhist women’s community.  What could I do?  I had only been there a matter of days – the new girl on the block, anxious not to put a foot wrong.  I quickly surveyed the ground floor rooms and warned everyone I could see that I had to invite A Man into the hallway to complete paperwork regarding my car.  Fortunately not many people were around: he came in and the transaction proceeded smoothly.   Phew!  But what a palava.  I must also confess to having momentarily stepped inside the strictly male ground of ‘Aryatara’ – the main men’s community in Purley, at the behest of Dhammavijaya.  I only went into the hallway, to admire the Tara painting on the wall – but found myself absolutely terrified should any male community member find me there.

Within the women’s community itself, most of the other women were in (heterosexual) relationships.  But they couldn’t have their boyfriends round to stay, nor could they go to their boyfriend’s communities.  This meant at weekends the community was virtually deserted as the couples searched for empty friends houses or spare rooms to go and be alone together.  I was not (really) in a relationship at this time, so at weekends found myself in a very empty community house.  And then there was the issue of same sex relationships: were girlfriends allowed to stay in the closed women’s community?  Was it a no-man zone, or a no-sex zone, or both?  I am not sure we ever quite worked this one out.

At the Buddhist Centre, gender segregation remained a hot topic.  The 3 businesses: wholefood shop (women), restaurant and café (men) and Buddhist centre (men) ran side by side on the same premises.  But although financially intertwined, they were gender separated. Ludicrous practices and policies emerged.  For example, every afternoon the restaurant team hard-boiled a pan full of eggs the wholefood shop used in egg mayonnaise sandwiches.  So, each afternoon we took a tray of eggs through to the restaurant kitchen, separated from the wholefood shop kitchen by a door and a short corridor.  But, we weren’t supposed to be mixing with the men, so the eggs were left there with as minimal interaction as possible.  Then, once they had been boiled, they were returned.  A knock on our kitchen door would be heard and opened – to discover the pan of hard boiled eggs on the floor without their male deliverer in sight. Another time, a female colleague was ‘caught’ in the men’s kitchen giving one of the men a hug for something – only to be reprimanded later, for violating the ‘single sex’ principle.

The FWBO / Triratna would claim there were two ‘wings’ to the Order – a male and a female wing – separate but equal.  Women ordain other women, men ordain men.  There are separate women’s and men’s retreat centres.  Although there has been some relaxation of the single sex principle more recently (eg.beginner’s and intermediate events and retreats are generally mixed), there still remains at its core a gender segregation.  The argument is that this has developed organically as men and women found themselves more comfortable in practising within single sex groups, allowing ‘spiritual friendship’ to flourish and minimise distraction through sexual attraction. And yet ‘separate but equal’ rarely leads to equality.  We have seen this with racial segregation in the US South and in South African apartheid.  If, in the UK, segregation was proposed on ethnic or sexuality divides rather than gender, would it be legitimised?  Of course not.  So why is gender segregation promoted?

During my time at the Croydon Buddhist Centre, back in the early 90s, gender segregation was anything but equal.  Women ran the wholefood shop but were not involved in management (a male team, except for one woman from the wholefood shop).  I understand from what I heard, that we made most of the profit and yet the men in the restaurant seemed to benefit from it by getting ordained quicker and having a valley in Spain to go off on 3 month (paid-for) ordination retreats.  There were only 2 female Order Members at that time to facilitate the women’s ordination process which, by all accounts, was very slow compared to the men’s.  When I was considering my options, I looked around at the possibilities:  I wanted to get more involved in teaching Buddhism and meditation at Croydon – but the centre management team was all-male.  I loved studying the Dharma and wanted to do more of it – but Vajraloka, a retreat centre in Wales dedicated to meditation and studying, was all-male.  I wanted to get involved in charity work and supporting the work of the FWBO in India (TBMSG at the time) – but the team at the Karuna Trust (fundraising charity) was all-male.  If I had wanted to go and help run retreats at Rivendell, Croydon’s retreat centre – I couldn’t as the team was all-male[6].  Even the movement’s founder – Sangharakshita – was male, and lived next door to the men’s community situated above the London Buddhist Centre.  Separate but equal?  I don’t think so.

Many religious groups and institutions today in the UK foster gender segregation, while purporting equality.  Sikh and Hindu temples will typically have men and women seated on opposite sides of the room.  Sikhism theoretically is based on sexual equality, although my (OK- fairly limited) experience has usually shown the men to be conducting ceremonies and prayers while women cook in the langar.  In Islam, equality is claimed among men and women – and yet women can be marginalised, or even excluded from mosques.  The East London mosque has a main entrance for men, with another entrance for women off to one side – at least half the size as the men’s entrance.  There have recently been disputes at the Hounslow masjid about the lack of women’s representation on the management committee.

Typically in mosques, women will either pray behind the men in the main hall, or else have a separate section on a balcony above without direct access to any speaker or main hall[7].  Kristiane Backer[8] says one rationale behind this is so that the men won’t get aroused by the sight of female backsides in the air during their prostrations (!) if they were sitting behind.  Some questions, however, arise here: a. Can the reverse not happen, and women become aroused by male buttocks in the air during prostrations? b. What does this say about male self-control and self-discipline – surely men have more focus than that? c. What about gay men and lesbian women? [presumably not supposed to exist in certain religious communities, but social surveys tell us they almost certainly do] and d. If this really is the case, surely men sitting on one side and women on the other (rather than behind) would solve the problem and not be so discriminatory?

Some feminist Muslims have started to protest over this enforced segregation in mosques and male dominance of the main space.  In 2010 five women staged a ‘pray-in’ at the Dar al-Hijrah Mosque in Washington, USA – to agitate for more shared space in mosques, instead of upstairs in the ‘women’s section’ on a balcony behind a glass barrier.  It apparently ended in confrontation and the police being called – quite bizarrely - to evict the women[9].

I could go on.  I have perhaps gone on long enough already.  My main point is that the sooner we see ourselves as fellow human beings, each with our own strengths, weaknesses, fears and fallacies the better.  This is my main objection.  I am not against informal, voluntary gender segregation (for example having a ‘girl’s night out’) but I do not want to be primarily categorised as a woman, and told to only associate with other women.  I want to primarily be categorised as a human being, to see other men and women as fellow human beings with more in common than divide us.  Women have fought for too long for equal access to education in the UK to go back to the days of primary identification and segregation by virtue of their gender.  Let’s uphold the primacy of the human being, not men and not women.






[2] Ibid.


[4] All Oxford colleges now are co-ed although there still are still 3 women-only colleges at Cambridge.

[5] The events around the Croydon Buddhist Centre I recount here are, of course, my own experience.  Others may have experienced things differently or have interpreted things differently, but this was the reality for me.

[6] There was Taraloka, the women’s retreat centre run by women – but the opportunities for men way outnumbered that for women at the time.

[7] That is if they attend the mosque at all – being exhorted more to pray at home.  This, however, denies women access to the public and social space where networking and public debate takes place.

[8] ‘From MTV to Mecca’ 2012


Thursday, 19 December 2013

Cornelia Calling

I had somehow subscribed or been subscribed to a newsletter listing the Kali Theatre’s future performances and two in particular stood out: Cornelia Calling and Twelve, on 'honour' killings. The Kali Theatre specialises in producing plays written by Asian women. For various reasons, well my failure to note the correct time, we’d missed Twelve but on Friday we had seen Cornelia Calling. For us it pushed a number of potential buttons: my interest in history generally, Sue’s personal interest in feminism and professional interest in law.

The Tristan Bates Theatre is a rather non-descript building near Leicester Square looking like an office. Like Asia House no tickets are required but akin to a private party one’s names are listed.  As usual we were early and killed some time in the bar before the performance.

The theatre is probably the smallest I have ever attended and seated perhaps 100 people.  The set was rather spartan, with just a table and chairs, and a piano. As we entered the theatre the cast were already in situ. As soon as the audience were settled the play or the reading began. The performance was described as a “reading”, with the actors reading from scripts and it was rather similar to a rehearsal.

Cornelia Calling is based on the life of Cornelia Sorabji, an Indian Christian Parsee from Bombay who is believed to be the first woman to read law at Oxford in the 1890s. While she read law she did not receive a degree because she was a woman.  After “graduation” Cornelia split her time between India and the UK, and was often unable to practise law because of her gender.

Much of the reading revolves around Cornelia’s meetings with her friend Mary while students at Somerville College in Oxford, and at times during their lives.  Like Cornelia Mary is also an outsider, from a Geordie working class family. Through their conversations we learn about Cornelia’s background, her motivations in studying law and her life and career after Oxford.  There were two other actors who played various roles including Hindu women in purdah who had been exploited by male advisers and looking to Cornelia’s mother for advice, and Gandhi, who had met with Cornelia, as well as other roles including the narrator.

Most of Cornelia’s life is presented as a struggle, and fighting against the odds.  Even within India she was often regarded with suspicion for coming from a Christian background and for having a mother from a low-caste.  On her return to India Cornelia is forced to work as an informal legal adviser unable, despite some influential supporters, to be allowed to appear as an advocate in her own right.  However, Cornelia was later allowed to practise after legislation was passed in India to enable women to become barristers.

One of the main set-pieces of the reading is a meeting between Cornelia and Gandhi in 1931 in London.  The conversation on stage was recently replicated in The Telegraph.  The two had many elements in common, British educated, and trained in the law, with both unable to practice at times.  Cornelia comes across as a devoted Anglophile opposed to full Indian independence but supportive of dominion status, similar to that of Canada and Australia.

Cornelia castigates Gandhi for being unable to restrain his supporters from engaging in violence despite his non-violent ethos.  She also criticises Gandhi for presuming he represents all Indian opinion; she suggests he only represents the educated and upper classes.  While the independence movement and the Indian upper classes encompassed a wide range of viewpoints I doubt if many would have opposed full independence as Cornelia appears to.

In one of their conversations Mary asks Cornelia “Are you English or Indian?”  The mere fact the question was asked indicates some level of ambiguity.  One is reminded that both Gandhi and Nehru aped Western habits certainly in terms of clothes in their formative years, and Gandhi’s austere lifestyle was heavily influenced by radical vegetarians in the UK when he came to study for the Bar.  Indeed Nehru referred to himself as the “last English ruler of India” perhaps not anticipating that his daughter Indira would become Prime Minister, and the language of the Nehru household was English and not Hindi.  One cannot now imagine an Indian leader making Nehru’s “tryst with destiny” speech in English.

Cornelia’s relationships receive rather cursory treatment, although her friend Mary does propose a lesbian relationship which Cornelia rejects.  There is a suggestion of a relationship with a married lawyer in India, although it is not clear whether the man is Indian or British.

Cornelia’s life is indeed one that warrants exploration principally because of her almost continual battles with male dominated and perhaps misogynistic institutions and professions. At almost every stage in her life there are barriers to be overcome: getting to university in Bombay, a place at Oxford, her putative relationship with a lawyer in Allahabad, and being prevented from practicing.  Some of these situations and incidents could have been an entire play in their own right particularly the encounter with Gandhi.

My own feeling was that Cornelia’s life could have been better portrayed more narrowly and that the format tried to cover too much ground thus giving the audience little of substance.  We had relatively little of Cornelia’s motivations, in particular in taking up the law although there was a focus on unrepresented Hindu women, her seeming lack of feminism, and her Anglophilia.  Cornelia’s passions did not manifest themselves explicitly.  I also found the relationship with and the background of the fictional Mary rather contrived although I do understand that the conversations were necessary for purposes of exposition.  I wonder how many women from working class backgrounds would have made it to Oxford in the 1890s.

Overall a production deserving of a wider audience albeit with some reservations.

http://www.telegraphindia.com/1110522/jsp/7days/story_14013867.jsp - Cornelia’s meeting with Gandhi

www.kalitheatre.co.uk

Wednesday, 11 December 2013

India takes one giant leap backwards

sexualityWhat a confused world we live in.  That could be a general statement but today it is confusion over sexuality – in particular homosexuality.

On 27 November in the UK we had the Supreme Court judgment in the case of Bull v Hall[1]This was the case of the Christian hotel owners who refused a double-bedded room to a same sex couple.  This case has been portrayed as one of gay rights against the couple’s right to manifest their religion – and in this case, gay rights won.  In fact the arguments were a little more nuanced than that (as you might expect from a Supreme Court ruling) and if interested, Alasdair Henderson, barrister at One Crown Office Row chambers has written an interesting commentary on this case in the UK Human Rights blog[2].

Then yesterday, it was reported in the UK that gay marriages can take place from 29 March 2014 – earlier than expected following the commencement of the Marriage (Same Sex Couples) Act 2013 in July of this year.  This Act legalising gay marriage (as opposed to civil partnerships) had been strongly supported by David Cameron, leader of the same Conservative Party that had previously introduced the notorious Section 28 of the Local Government Act 1988, prohibiting local authorities from intentionally promoting homosexuality.  How times change. (One might also note this Act has been opposed by  the Roman Catholic Church in England and Wales, the Muslim Council of Great Britain and the Network of Sikh Organisations.  So much for tolerance and goodwill to all men and women).

So far, so good for gay rights and human rights in general.   Then today, in a truly backward step, news from India that their Supreme Court had overturned a 2009 Delhi High Court ruling and recriminalized homosexual sex.

India inherited its penal code from their former colonisers, the British. Section 377 of the Indian Penal Code 1860 states:

'Whoever voluntarily has carnal intercourse against the order of nature with any man, woman or animal, shall be punished with 1[imprisonment for life], or with imprisonment of either description for term which may extend to ten years, and shall also be liable to fine'.

This doesn’t explicitly include homosexual sex and immediately begs the question what exactly is ‘carnal intercourse against the order of nature’.  In 1884 the meaning of this was restricted to anal sex, by 1935 had broadened to include oral sex and later judgments have interpreted it further to include ‘thigh sex’[3].   The Court in the 1935 case of Khanu v Emperor seemed to limit legitimate intercourse to only those acts that could lead to conception – ie.vaginal penetrative sex between a man and a woman.  So, lesbian sex, oral sex (between any couples – including presumably married heterosexual couples) and anal sex (again between any combination of consenting couples) would be illegal. Commentators have argued that, although few prosecutions against gay people have actually taken place under section 377, the social effects of discrimination against any form of sexuality outside married heterosexual sex, together with moral disapproval, has permeated Indian society and legitimized prejudice and discrimination against minorities.

The 2009 Delhi High Court judgment in the case of Naz Foundation v Union of India (2009) was therefore a landmark judgment and victory for LGBT campaigners in India – de-criminalising consensual sex of whatever nature between adults in private.  In particular the Court ruled that Section 377 was against Article 15 of the Indian Constitution, which prohibits any discrimination on grounds of sex, religion, caste or place of birth.  The concluding paragraphs of that judgment are worth quoting[4]:

129. The notion of equality in the Indian Constitution flows from the 'Objective Resolution' moved by Pandit Jawaharlal Nehru on December 13, 1946. Nehru, in his speech, moving this Resolution wished that the House should consider the Resolution not in a spirit of narrow legal wording, but rather look at the spirit behind that Resolution. He said, "Words are magic things often enough, but even the magic of words sometimes cannot convey the magic of the human spirit and of a Nation's passion…….. (The Resolution) seeks very feebly to tell the world of what we have thought or dreamt of so long, and what we now hope to achieve in the near future." [Constituent Assembly Debates: Lok Sabha Secretariat, New Delhi: 1999, Vol. I, pages 57-65].

130. If there is one constitutional tenet that can be said to be underlying theme of the Indian Constitution, it is that of 'inclusiveness'. This Court believes that Indian Constitution reflects this value deeply ingrained in Indian society, nurtured over several generations. The inclusiveness that Indian society traditionally displayed, literally in every aspect of life, is manifest in recognising a role in society for everyone. Those perceived by the majority as "deviants' or 'different' are not on that score excluded or ostracised.

131. Where society can display inclusiveness and understanding, such persons can be assured of a life of dignity and nondiscrimination. This was the 'spirit behind the Resolution' of which Nehru spoke so passionately. In our view, Indian Constitutional law does not permit the statutory criminal law to be held captive by the popular misconceptions of who the LGBTs are. It cannot be forgotten that discrimination is antithesis of equality and that it is the recognition of equality which will foster the dignity of every individual.

132. We declare that Section 377 IPC, insofar it criminalises consensual sexual acts of adults in private, is violative of Articles 21, 14 and 15 of the Constitution. The provisions of Section 377 IPC will continue to govern non-consensual penile non-vaginal sex and penile non-vaginal sex involving minors. By 'adult' we mean everyone who is 18 years of age and above. A person below 18 would be presumed not to be able to consent to a sexual act. This clarification will hold till, of course, Parliament chooses to amend the law to effectuate the recommendation of the Law Commission of India in its 172nd Report which we believe removes a great deal of confusion. Secondly, we clarify that our judgment will not result in the re-opening of criminal cases involving Section 377 IPC that have already attained finality.

We allow the writ petition in the above terms.
CHIEF JUSTICE
S.MURALIDHAR, J

JULY 2, 2009

Today’s Supreme Court judgment, in reversing this decision, has had very mixed reaction in India.  Mohammad Abdul Rahim Quraishi, spokesman of the All India Muslim Personal Law Board is quoted as saying,  ‘We are very happy with the judgment. There is no space for homosexuality in our social setup. It is a sin, it is a heinous crime’K. Radhakrishnan of Trust God Ministries, saidHomosexuality is a Western phenomenon. It has polluted the minds of young Indians. The court has recognized this. We are very grateful’[5]. Just pausing for a moment here: so K.Radhakrishnan is very grateful for a judgment upholding a section of the penal code introduced by the British Victorian colonial powers, because homosexuality is a Western phenomenon which has polluted the minds of young Indians.  Oh dear.

For Subramanian Swamy, however, of the Bharatiya Janata Party, homosexuality is amalfunction of the human body and should be treated medically’. He goes on to say, ‘I welcome Supreme Court judgment holding homosexuality as illegal. It is no accident that men and women are born in equal proportion. Moreover survival of the human race requires one man one woman cohabitation. The government and corporates must fund research to find a cure for homosexuality at the earliest. It is a malady that should not be celebrated but cured with compassion’[6].

For all the LGBT activists, however, and many other supporters, this has been a retrograde step, and even shocking in the 21st century when LGBT rights are being recognized and codified elsewhere.  The well-known novelist Vikram Seth, a long campaigner for LGBT rights said, ‘Today is a great day for prejudice and inhumanity. And a bad day for law and love. But law develops and love is resilient. And prejudice and inhumanity will be beaten back. And Law and love will prevail. The judgement is a disgrace[7]’.

Colin Gonsalves, Indian Supreme Court advocate and Founder Director of Human Rights Law Network said, ‘This is a day of mourning for all Indians. The 2009 High Court ruling was one of the finest judgments for minority rights and for inclusion. This is a wrong and retrograde approach to fundamental rights. That the legislature should take it up and not the court is an obsolete notion. The Supreme Court has said 500 times in different judgments that it is the duty of the court to intervene when there is a violation of fundamental rights’[8].  And let's not forget this is potentially criminalising oral sex between married heterosexual couples - punishable by up to life imprisonment.

I could not find the actual judgment of today’s Indian Supreme Court but once it is made available, it will be interesting to read the legal reasoning behind this retrograde judgment.  I find myself frustrated at the persistent discrimination against homosexuality in India (of course not universally held), especially in a country that prides itself on being the world’s largest democracy and seemingly with ambitions to become more of a global economic power in the world.

Homosexuality is not a ‘Western’ phenomenon that has been exported around the world.  It is a human phenomenon that is present in all societies, whether legitimized or not.  When the rest of the world is finally recognizing the human rights of all, regardless of sexuality, it is sad to see India take two steps backwards, away from non-discrimination, equality and inclusiveness.

Tweeter Meena Kandasamy summed it up: ‘In India, pre-marital sex = marriage (see my blog about this case here), homosexuality = illegal, marital rape = sex’ (rape within marriage is still not criminalized in India).

We hope for change.

 

Monday, 9 December 2013

Our London rainbow nation

20131206_134229For the past few weeks I have been a regular visitor to West Croydon, where my elderly mother has been an inpatient at Mayday Hospital.  This past week in particular has been eventful.  My son turned 12 on Wednesday and that same day my mother had a major operation.  Nelson Mandela died the next day and in the midst of all this, we have all been sick with some kind of bug.  This also explains why I have been quite quiet on the blogging front, my time and attention having been diverted elsewhere

I have the journey to the hospital by public transport fine tuned now: train connections and platform changes at Clapham Junction honed to a fine art like a seasoned commuter.  The train takes me to West Croydon and from there I usually walk the 20 minutes or so up to the hospital for the exercise.  I’m afraid I still can’t quite call it by it’s grand new name of ‘Croydon University Hospital’ (which university?) and still think of it, and refer to it as Mayday.  I always think name changes and new management teams at institutions are slightly suspicious of things having not gone very well prior to that - coupled with ‘Mayday’ very easily turning into ‘Maydie’ (as it became commonly referred to).  I, of course, make absolutely no allegations about the hospital whatsoever, which I am sure is a very fine place.

20131206_133804The London Borough of Croydon is overall very ethnically diverse.  From the last census data (2011), 14.6% of the population of England are from Black or Ethnic Minority (BME) groups.  The average for London is 40.2% for BME groups and for Croydon it is even higher at 44.9% (up from 30% in 2001).  A minority of people in Croydon – 47.3% - described themselves as White British (1).

Beyond these averages though, Croydon has always been divided from North to South.  The leafy suburbs of South Croydon, where I grew up, are more affluent and solid Conservative-voting, Daily Mail-reading territory.  The 2001 census shows only 15% of the population in Sanderstead as being BME (the 2011 data didn’t seem to be available, but would be roughly similar).   Thornton Heath, however – in the North of the Borough and where Mayday Hospital is situated - has 56% of the population from BME groups (2001 figures) and has always been Labour (to the best of my knowledge).

Growing up in South Croydon, we would always be warned to ‘be careful’ if venturing north of the town centre, preferably not to go there at all – which of course just made it all the more interesting as a destination.  Memories of my teenage years include visiting my half English – half Pakistani friend in West Croydon where he lived with his mother and grandmother; going ice skating at the Streatham rink (a sports option in my all-girls sixth form); browsing in a large Indian supermarket that had opened in Thornton Heath, exploring unfamiliar ingredients and browsing the women’s Asian magazines.

20131206_134120I have not lived in Croydon for many years, so my regular walks from West Croydon station to Mayday Hospital and back have been a bit of a re-acquaintance, or really just getting to know the area properly for the first time.  It would be fair to say I don’t see many other white people around – perhaps one or two, the mix being Caribbean, Indian, Pakistani and possibly some East European now.  The shops reflect this local population, together with evangelical Christian churches, a mosque, an Ayurveda clinic and even a Jain temple – seemingly now inhabiting a former old church.  All in stark contrast to the whiteness of South Croydon.

Mandela faced legally enforced apartheid.  We do not have, nor have ever had apartheid in the UK.  But parts of London are still very segregated along both ethnic and class groupings despite its overall diversity making up our very own ‘rainbow nation’.

(1) Taken from http://www.croydonobservatory.org/population/2011census/56978

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Elephants, Lord Ganesha and the Indian Independence Movement

Ganesh Festival, Bombay 1987 I remember it like it was yesterday.  It was 1987 and we had just arrived in Bombay (as it was the...