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There is an “urgent need for Indian law to clearly define the meaning of affirmative consent,” according to Aliya Waziri, a lawyer at the Delhi High Court and the author of in a woman’s body (Rs. 499, Simon & Schuster), a collection of essays on the status of women in law and society, launched at the India International Center last week.
In a Woman’s Body (Rs. 499, Simon & Schuster) is a collection of essays on the status of women in law and society. (Credits: Alia Waziri)
“The law has no sure definition of consent. It is defined in negative terms: Consent is not under coercion, nor is it under coercion, nor if the woman is drunk, nor if the woman is unsound…But no one tells us, this is consent and here are the criteria that must be taken.” We are shooting in the dark,” said Waziri, who was speaking with supporters Shruti Katiyar and Malvika Trivedi.
Aside from delving into the legal ambiguities of consent, in a woman’s body Consisting of articles on women who contributed to the Indian constitution, abortion rights, eradicating evils like witch hunts, sati, it highlighted important issues like marital rape and helped create cyberbullying laws. It derives its title from one of the essays, In the Body of a Muslim Woman, about navigating a world that objectifies women’s bodies and brutalizes them.
In sexual assault cases, Trivedi highlighted that aside from a woman’s “yes” or “no,” a long chain of events—such as how she travels to the site of the assault, the messages she exchanges on personal devices, and how many friends she has around her—is under the microscope.
Citing the 2016 Jindal University rape verdict which mentioned how the victim “was very accustomed to having sex,” Waziri emphasized that the facts of the case — not the personality of the victim — had to be assessed in the courtroom.
The book also discusses the “double burden” women face of balancing professional and personal duties, facing more challenges than men, and poor women being worse off than the rich. Trivedi emphasized the importance of “staying afloat” in a career at such stages, as it is difficult to return to the workforce after a long absence. Waziri said that helping the family, the government and the private sector together would make the situation better.
The book also discusses the “double burden” women face of balancing professional and personal duties, facing more challenges than men, and poor women being worse off than the rich. (Credits: Alia Waziri)
The discussion ends with another focus of the book, online harassment, with Waziri saying there is a need for more accountability from social media companies. “Indian Penal Code pre-dates the digital age… It was intended to enable e-commerce, not to ensure women’s safety… A 2015 UN report on cyber-violence against women also requires greater accountability from relevant stakeholders, including network providers.” Cheap cellular and internet access, due diligence from social media companies,” said Waziri.
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