Professional Documents
Culture Documents
W
e published the first issue of
OPTIONS for 2004 in the wake violence and murder in the country. We believe
of the interim report of the however that capital punishment is but merely
Parliamentary Select Committee on Electoral a palliative that fails to deal with the root causes
Reform, with disappointment and frustration of violence and will only make a critical situation
because yet again politicians failed to propose worse.
any legally binding measures to enable an
increased representation of women at the level The year 2004 also ends with a flurry of
of Parliament, provincial or local government. activity, by international mediators and
The second issue of OPTIONS was published facilitators, that seek to re-commence the stalled
amidst a raging tirade in the press against the peace talks. Both the enabling of women’s rights
proposed Women’s Rights Bill by religious and the need to redress historic disadvantage that
fundamentalists who homed in on the provisions has prevented women’s right to representation
that sought to ensure women’s right to control at the highest levels of political decision making
their reproductive health. are crucial elements in Sri Lanka’s peace process.
As with women’s tireless work during the years
However the year 2004 comes to an end with of armed conflict to ensure the survival of their
two hopefully positive developments for women. families and communities and to call for an end
In November, the cabinet approved in principle, to hostilities, women’s work continues to uphold
the need to ensure that at least one third of the the peace process by their perseverance in
representatives at local government would be returning to their abandoned homes and
women. The Ministry of Women’s Affairs has attempting to rebuild their lives and their
been tasked to work out a formula that will communities. However women continue to be
enable this. The National Committee on Women marginalized from most decision making
has concluded the drafting of the Women’s processes – the resettlement of the displaced; the
Rights Bill making sure that Sri Lanka will stand return of refugees; the generation of income
by its obligations to women guaranteed under earning opportunities; the rebuilding of
the International Bill of Rights and the infrastructure; the settlement of land; the
Convention for the Elimination of All Forms allocation of compensation; the establishment
of Discrimination Against Women (CEDAW). of secure environments, and so on. There are
An autonomous National Commission on still no creative mechanisms that actively engage
Women, with wide ranging powers will ensure women or attempt to give them a critical voice
the implementation and monitoring of the in decision making processes. While some policy
Women’s Rights Act. The current draft has is determined with the inclusion of women, the
incorporated the thinking of both the addressing of gender concerns is often under
government and the opposition and has benefited resourced or ignored. And most importantly
by extensive discussion, debate and engagement women, whether in government or in the LTTE
from within the women’s movement. We hope are almost totally absent from political decision
fervently that the Sri Lankan Women’s Charter making processes.
will finally gain the teeth and muscle it needs to
This is the reason why OPTIONS wishes to
effectively guarantee the rights of women it
enter the new year with renewed hope that both
promised to uphold eleven long years ago.
the rights of women and the right of women to
Ironically while the self appointed guardians equitable representation at all decision making
of female sexuality and morals sees a murderous levels will be realized at least incrementally in
abortionist lurking within every woman, the 2005. •
state slipped in the enforcement of the death Kumudini Samuel
I
n the last few weeks several incidents took for the Buddhist monks on the Jathika Hela
place that reveal the various ideologies Urumaya list into Parliament and who form their
and ideas that prevail about women in largest constituency. This is why it is a puzzle to
Sri Lanka today. me as to why the Jathika Hela Urumaya decided
The Jathika Hela Urumaya (National Hela1 to denigrate and humiliate their greatest
Heritage) had drafted a Bill against Forcible supporters in this way. One of the most positive
Conversion which they wanted to table in elements of our Constitution is its commitment
Parliament. According to these gentlemen, to the principles of equality and non-
women are a species, along with minors, the discrimination. Those ideologues of the Jathika
mentally or physically disabled, the displaced Hela Urumaya who thought they could tamper
and prisoners, who do not have the capacity to with the rights that have been guaranteed to
form an opinion of their own. When we saw women by our Constitution and by international
the text of this draft Bill, I was immediately law and custom have exposed their misogynist,
reminded of the world in the 18th century, when capitalist and authoritarian nature not only to
many laws discriminated against women the people of this country but also to the people
considering them to be the equal and equivalent of the entire world.
of minors and the insane. The Bill proposed that The second incident that took place is also
the penalty for forcibly converting a ‘normal’ one concerning another piece of draft legislation
man would be a fine of Rs. 150,000 and a five- that has been put before the people of Sri Lanka.
year prison sentence. If the person forcibly This is the proposed Women’s Rights Bill.
converted was a woman, or any one of the other Although there has been a debate regarding the
classified categories, the penalty would be a fine contents of this draft Bill in the English language
of Rs. 500,00 and a prison term of seven years. newspapers, we have not seen a similar debate
What are the assumptions that underlie the taking place in the Sinhala or Tamil press. Why
articulation of such a difference? One is that in this is so is another topic entirely. In the English
our society, it is only ‘normal’ men who can lay press, several writers took cover behind the draft
claim to critical and decision-making roles. The to regurgitate centuries old ideas and arguments
other is that the classified categories (such as against contraception and abortion. Some
W
hen the topic for this symposium least three occasions and these places are now
was first discussed among us sacred places of worship. Buddhism is recorded
Fellows, the main question that to have reached Japan via Korea and China.
came up was whether there is something called Indonesia has archeological evidence of them
an ‘Asian’ identity. After all, the programme that extensive spread of Buddhism while Indo-China
we are all here for is called the Asia Leadership continue to place Buddhism as a key religion.
Fellow programme which in itself frames us, Islam, which is the main religion in Indonesia is
from seven different countries, as having one shared by most of our countries. Christianity
identity; being Asian. Obviously, there has been came to this region through first the Portuguese,
a recognition that ‘being Asian’ is the key to our then the Dutch and the British when western
selection as opposed to being from any other colonisation of Asia was at its heights in the last
part of the world. Firstly, then, we are from a few centuries.
geographical area called Asia which stretches
from Sri Lanka, Bhutan (South Asia), Vietnam, Hence, our histories have for the most part
Phillipines and Indonesia (South East Asia) to been enriched as a result of the impact of cultural
Japan, China (East Asia) and, of course includes exchanges, expansion of trade between our
all the Arab countries (West Asia). countries, of the arrival of colonisers or the
occupiers’ dominance/control. Some of our
Religion as a Common countries have attempted at different periods of
time to ward off occupation by closing our
Identity borders to outsiders. Through our field visits in
Japan, we learned that like many of our
But what is it that we are all supposed to share countries, Japan too has minorities, as for
in the eyes of the world that would bind us example, the Ainu. Today, however, we are
together and enable us to strengthen our ties with undeniably a part of a global economy; our
each other and recognise that there is an ‘asian- markets have been or are being ‘opened up’ to
ness’ that is integral to our identity? In terms of world trade, we measure our earnings in terms
religion, we are Buddhists (Shinto/Theravada/ of US$ and we scrutinise our population in terms
Mahayana/Vajirayana), Christians and Muslims; of assessing the labour force capacity to carry
we cover most of the main religions in the world. out a range of programmes aimed at ‘developing’
My visits to shrines and museums while in our countries. We focus on certain economic
Tokyo, Kyoto and Hiroshima over September projects depending on the availability of
4 • OPTIONS • 3rd Issue • 2004
particular types of labour, in terms of gender, 21 years of age to vote. The free education system
age or ethnicity. We accept the concept of and the medium of instruction in Sinhala or
‘development’ defined by the West. Tamil with English being taught as a second
language, enabled all children in the country,
Sri Lanka in South Asia male or female, access to education from primary
to university level. The foundations for an
It is the last mentioned area in which I would educated labour force required for economic
like to place my exploration into this topic. I development was set in place. In the years
would like to examine the construction of the immediately before and following independence
‘Asian woman’ in the implementation of in 1948, there was a keen interest in identifying
particular economic development programmes our ‘traditional’ culture, as can be seen in some
which are challenging the very notions of ‘asian- of the theatre performances and novels of the
ness’ of social relations of gender in the times.2 However, the overriding concern was to
Sri Lankan context. To place Sri Lanka in the steer the country towards a path of development
‘Asian’ context, I will briefly sum up its ethnic that would ensure its economic growth.
and political history as follows: the country has
a population of 19 million of which 51% is Women as Industrial
estimated to be female. Its population is multi-
ethnic and multi religious; 74% are Sinhalese Workers
(Theravada Buddhist or Christian), 18 % Tamil
(Hindu or Christian) and 9% Moors/Malays Clearly, Sri Lanka had set its course on
(Islamic). Over a period of half a millennium, modernisation. Perhaps the most rapid changes
the country has seen colonization, first of the in the socio-economic arena could be located in
coastal areas by the Portuguese (16th century), the past three decades with the introduction of
the Dutch (17th Century) and then of the whole Structural Adjustment Policies in 1977. Women
country by the British (18th Century to mid 20th had hitherto been the mainstay of the plantation
Century). Sri Lanka gained political sector where thousands of Tamils brought over
independence from Britain in 1948. from India by the British colonisers as near
indentured labour were placed. Sinhala and non-
Hence, already, our history is closely linked Plantation Tamil women worked primarily as
to many of the other countries in Asia in terms unpaid family labour in the agricultural sector.
of the experience of colonization by other It is with the ‘opening up’ of the economy and
powers. The continuous period of colonization the setting up of Free Trade Zones (Export
left its mark in terms of the introduction of Promotion Zones) that the importance placed
western religions, forms of attire, the inclusion on the ‘asian-ness’ of women for mainstream
of words into the Sinhala and Tamil languages economic development became most clear. We
and the introduction of certain types of food into can recall that already in the 1970s South Korea
our diet. The British introduced the Westminster and Taiwan were among the first Asian countries
form of governance to the country in the early which introduced this form of production using
20th century, which resulted in life style changes female labour between the ages of 18 and 30.
of the middle class initially and as noted by The ‘docile’ nature of young Asian women, their
Jayawardena and de Alwis (2001). ‘…the middle ‘nimble fingers’ were as highly valued as the
class women continued to shock the orthodox. They commodities they produced in hundreds of
not only went in for higher education but also rode garment manufacturing factories and electronic
bicycles, drove cars, traveled abroad, wrote novels, industries in the East Asian region. As the cost
socialized with men, gambled at the races, and wore of production began to rise in these countries,
the latest western fashions and set the pace for other investors sought cheaper sources of labour.
aspiring ‘new women’. 1 Sri Lanka was identified as an ideal location with
a relatively well educated female labour force
Despite, some opposition by male legislators, which, it was noted, still had those ‘Asian’
strong campaigns by women resulted in qualities of women – docile, non-aggressive and
Sri Lanka obtaining Universal Adult Franchise hardworking and could be employed at very low
in 1931 thus enabling all women and men over wages.
S IERRA LEONE - October 4 - Fannyann Eddy broke the silence for us all.
She courageously brought the struggle for freedom and dignity in her own
country to the world stage. Last week, that voice was silenced forever. As
Fannyann worked late in her office in Freetown, several men broke in, raped and
brutally murdered her.
Not only was Fannyann a human rights activist, she was also the fearless leader
of the Sierra Leone Lesbian and Gay Association. She understood that freedom for
women, in particular lesbians, was related to their ability to provide for themselves
economically. As a result, her approach to human rights advocacy included putting
her own money into buying materials for young lesbians to make clothing and other
items that they could sell for income. She understood that human rights is not only
a legal principle to be enforced but a measure of human dignity to be demanded.
In April 2004, she was a member of the delegation that advocated for the
Resolution on Sexual Orientation and Human Rights at the United Nations Human
Rights Commission in Geneva. With her testimony to the entire Commission, she
boldly presented the personal embodiment of the existence of lesbians in Africa
that many African leaders sought to deny.
Fannyann Viola Eddy was 30 years old. Her 9-year old son has lost a doting and
loving mother. Sierra Leone has lost a brave and visible leader. The global Lesbian,
Gay, Bisexual and Transgender (LGBT) movement has lost a daring and fierce human
rights defender. •
Source: www.iglhrc.org
A
month ago my best bud and I behind it you will never be at a loss for words.
decided that we were going to get Be apprehensive about choosing an offensive
branded for life. Having heard design, you may grow out of your rebellious
many horror stories, surfing the internet and period and not wish to remember you went
speaking to many about the benefits and harms through one. Discuss size and colour with your
of getting tattooed we decided that we would artiste, he/ she would be a good judge of how it
submit ourselves to permanent body art. We would look like on skin. Don’t let alcohol drugs
were further encouraged after having won a or friends influence your decision. In short do
voucher at Mr. Pierce. So the preparation began. not look at tattoos as a trendy fashion statement
We both decided that we needed a tattoo that but as a long term investment.
would have some symbolic reference to our
2. CHOOSE THE LOCATION CAREFULLY –
OCATION
personalities. Thus we ruled out all butterflies,
barbed wire and spent hours on the web, Consider the nature of work you are involved
searching for the perfect match. We were in. Many places of the government sector may
successful in finding pictures that spoke the most not look at tattoos favourably. Society sometimes
about what we believed in. So I submit my does not look beyond the tattoo to the real you
experience of getting tattooed and hope that and unfortunately tattoos are associated with
those of you wishing to do the same will consider those whose personalities are wild and unstable.
all points mentioned. Additionally if your family is not of the “hip”
kind you may want to rethink where to get your
1 . CHOICE OF DESIGN - Choose a tattoo tattoo done and whether it is worth being the
that will suit your personality. Remember a black sheep of the family with a tattoo in plain
tattoo is supposed to last your entire life. So view of all when you could have easily concealed
choose one which matches your personality in it on a less visible place on your body. Also
the present and in the future. A friend of mine consider that different positions in your body
tattooed her partners name on her arm. Now have different pain thresholds. Thus your genitals
she is stuck with it for life, even though she has are the most painful location for a tattoo,
2004 • OPTIONS • 3rd Issue • 9
Jayanthi Kuru-Utumpala
The writer’s
“best bud” - proud to be
a feminist
secondly your sternum, ribs, hands, and feet are 4. GETTING TATTOOED - Personally I
TTOOED
very sensitive thirdly your ankles, lower back, recommend that you go in with the thinking
neck, under arm, around the groin area, and that you are going to enjoy the experience. Of
head. The least sensitive areas, and generally most course it’s going to hurt, they are going to stick
popular for that reason, are your upper arms or a needle into you after all. Tattoo artistes are
forearms, calves, shoulder blade, outer thigh, and generally very interesting people to talk to since
bottom. they are often people who are fond of travelling
and known to be a wealth of information owing
3. CHOOSE YOUR TATT OO AR
TTOO TISTE
ARTISTE
to the amount of stories they have collected from
CAREFULLY – Make sure the artiste of your
CAREFULLY their customers experiences and travels. It is a
choice has certificates of sterilization. The artiste plus to have some Hendrix being played in the
should wear rubber gloves at all times and it is background or even Sade. Anything that would
absolutely essential that the equipment is clean help you relax. It helps to take a friend with you,
and the needle is new. Ointments, ink, water, a hand to grip if the pain gets unbearable.
should be taken from separate containers. The
ink that is to be injected into your skin should 5. AFTERCARE - now that you have the
FTERCARE
be fresh and new, not leftovers from the previous tattoo, it is recommended that you leave the
customer. In spite of raising concern about AIDS, bandage alone for upto three hours. This is in
the biggest threat by means of disease passed order to prevent air borne bacteria from invading
through tattooing is Hepatitis B, so it would be your wound. For those of you who are impatient
advisable to seek an artiste who has been to show off your new tattoo, ask your artiste to
vaccinated against this disease. cover it with a clear cellophane wrap. I avoided
wetting my tattoo for a couple of days and
rubbed a medical ointment rich in vitamin A &
D on it three times a day for a week. After a few
days you will experience a little scabbing, peeling
and itching. This is normal, do not pick at it or
scratch it. Protect your tattoo from the sun’s
Jayanthi Kuru-Utumpala
M
anipur is one of
seven states in the
North East of the
Indian sub continent which,
along with Assam, Meghalaya,
Mizoram, Nagaland, Tripura
and Arunachal Pradesh, is
linked to India by a small strip
of land. According to their
features, culture and history the Lonely Planet
Source: Siete Poetas - women poets of Nicaragua, from the magazine FEM, August 2000, Mexico
Translated by Carina Oostveen
Neloufer de Mel
T
he presence, since the late 1980s, of
female combatants within the LTTE
and its use of female suicide bombers
has made Sri Lankans aware for some time that
women’s role in armed conflict is complex.
Essentialist notions of women as passive and
non-violent have been undermined in the face
of Tamil women taking up arms for a cause they
see as just and beneficial for the collective
community. Elsewhere, an interest amongst
feminist scholars and activists has grown regarding
women within militaries and militias. In the West,
this interest grew largely on the back of an equal
opportunities debate which saw the military as the
last bastion of masculine privilege. Cases of
discrimination against women applicants to
militaries, sexual harassment of service women, dress,
sexual orientation etc. made the headlines and went
hand in hand with movements that called for the transformation of
State militaries into an equal opportunities force. The recruitment
of gays and lesbians, the use of make-up and jewelry, the promotion
of women into high ranks within the military were all issues taken
up and fiercely debated in the public domain. Apart from the
conditions for women within conventional State militaries, their
presence in non-State militaries and militias has also drawn
international attention. From women as instigators of anti-Muslim
communal violence in the RSS and the Hindutva movement in India,
to women fighters and suicide bombers of the Palestinian intafada
and the struggle for independence in Chechniya, the world has been
intrigued and fascinated by the presence of these women in the
traditional male preserves of combat and warfare.
“ Women within as capable soldiers. On the other hand, women who come across
as ‘too masculine’ are punished for transgressing accepted gender
militaries are therefore roles. They are insulted for being ‘unfeminine’, bad mouthed as
called upon to be both lesbians and treated as a threat to the status quo of the corps.
Women within militaries are therefore called upon to be both
feminine – so that they feminine – so that they can be firmly compared and contrasted
can be firmly compared to their male counterparts - and masculine in a way that makes
and contrasted to them part of an effective fighting unit. Their lives in the military
require of them this duality and burden of gender that is not
their male counterparts
demanded of the men. The women have to constantly ‘negotiate’
- and masculine in a and perform their gender, oscillating between what is
way that makes them conventionally accepted and understood as feminine in order to
part of an effective emphasize the men’s masculinity and maintain gender
‘appropriateness’, and be masculine when necessary so that they
fighting unit. Their lives will not be regarded as weak and burdensome. For women, being
in the military require too feminine or too masculine brings with it punishment and
of them this duality marginalization within the corps.
and burden of gender Nihal de Silva’s novel The Road from Elephant Pass (Vijitha
that is not demanded Yapa) which won the 2003 Gratiaen Prize for the best Sri Lankan
creative writing in English, is the story of how a LTTE female
of the men.
” combatant and a Sri Lanka Army Captain escape from the
battlefields of Elephant Pass and journey through rebel held
territory, jungle, and hostile villages to the capital Colombo. The
pairing of adversaries in the form of a Tamil LTTE woman
combatant and Sinhala military man immediately sets up all kinds
of interesting possibilities: ethnic tension, deception and betrayal,
death, sexual attraction. The novel handles all these elements very
effectively to provide a fast paced, action packed thriller. Captain
Wasantha, whose mission is to bring the LTTE woman combatant
to Colombo on the premise that she has crucial military
intelligence to divulge that will be helpful to the Sri Lankan State,
in turn helps and relies on Kamala to accomplish their journey.
Unable to take the main road in the aftermath of the military
debacle at Elephant Pass, they take interior roads. They have to
disguise the fact that they belong to the military(s), evade animals
that prowl the jungle and robbers. They go for days without
proper food. As they trek through thick jungle and swollen rivers,
their story becomes one of bare survival. As combatants and
T
he reality and experiences of different
women across the globe being to this subject these days. I suppose I am
different, how does one attempt to vehemently trying to gather my own opinions
generalise and vocalise issues that affect women? about its need in my life, learning from various
The simple answer in my opinion? One does people, both men and women, who have some
not! or little knowledge of what they are talking
about. I seem to be at best a little daunted, jaded
However, I for one have always admired and or cynical about marriage at this point to
been impressed by the many women, especially incorporate it into my life. I want to make the
in South Asian society, who have stood up to very best choice I can make, simply because it is
give voice to the variety of issues that plague our a logically good idea to make the best choice
society, our environment, our cultures, our one can if and when one makes it.
religions, our beings. From Deepa Mehta to
Arundhati Roy to the Bandit Queen, from Sunila The other day, my friend was updating me
Abeysekera to Kumari Jayawardena to Chitra on both the external and internal struggles she
Fernando, women in my society have braved all has been undergoing for the past two years or
odds to speak for the voiceless. They still do. so, ever since she completed college and returned
Thank God for them. home, when her parents thought she had spent
enough of her life pursuing her ‘futile’ passions
I am, like several of my friends, a single and wanted her to ‘get serious’ with life and
woman in the mid-twenties, devoted to ‘settle down’. Her father especially has taken on
enhancing my academic career, while the great task of providing her a vast array of
simultaneously passionate about what I do for a possible husbands from whom to choose. This
living. So passionate in fact, I wonder sometimes is deemed as a lot of ‘freedom’ and
if I have somehow lost the very point of what ‘unconventionalism’ as opposed to the staunch
my elders and friends seem to be talking of to customs her grandparents stuck to in the old
no end these days - marriage. days, stressing the need to keep with the great
Muslim tradition of ‘a good marriage for a young
Now, I inevitably choke a few times before I girl’. My friend, however, is being absolutely
can engage in a healthy, meaningful conversation
DEFIANT ART
Producer) together with Carolyn Darnell and
Heidi Westfiled was also one of the three finalists,
the other being Srilal Sah’s Dudha Balak Ko Bihe
from Nepal.
When I interviewed Sharni Jayawardena for
this article, she showed me some notes she had
made for a reflection on her award-winning
documentary. Her notes opened with the
following quote which she said almost perfectly
encompassed the basic premise of her film:
“There are things that it’s better not to dwell
on, things it’s normal to forget. The people who are
starving or being tortured, the animals that live a
life of hell to feed us, the unimaginable extension
of the universe……..Forgetting makes us robust. A
Sepali Kottegoda
T he International Federation of
Journalists recently gave its 2003
annual IFJ Journalism award for
Tolerance Prize under the South Asia, Broadcast
from the Renaissance onwards and through the
Industrial Revolution, Aesthetic form slowly
began to acquire “its autonomy from, and indeed
opposition to, life as lived” (Fuller,1983). In this
Journalism category, to Sharni Jayawardena of
neatly literary and visual piece of television,
YATV (Young Asia Television), Sri Lanka. The
Sharni Jayawardena introduces us to five
work that won the award was DEFIANT ART,
contemporary Sri Lankan artists who refuse the
the documentary written and directed by
‘anaesthesia’ which makes them indifferent to,
Jayawardena as part of The Reconciliation Series
or even ‘forget’ the crisis that is all too real around
of “six documentaries that explore the on-going
them.
reconciliation process in Sri Lanka”. Such was
the quality of these programs that another CHANDRAGUPTA THENUWARA, the
documentary in this series – Women Waging painter and sculptor, talks about the motivation
Peace – directed by Sharmini Boyle (the Series behind his work, especially the series of paintings
2004 • OPTIONS • 3rd Issue • 19
and installations he has created over the past few arguing that “Islam is the way of peace”. An
years with common tar barrels used by the interesting aspect was the sug gested links
military as roadblocks or to bolster security between this violence (mainly fundamentalist
perimeters. In her narration, Jayawardena argues and male) and the opposition she and her fellow
that the work of art compels people to pay actresses faced from her community about
attention and that this attention, however Muslim women acting on stage. “People who
imperfect, is better than indifference. weren’t forward thinking and didn’t know the
Thenuwara’s barrels certainly makes one pay religion gave us trouble” Haq says. “We acted
attention, and as the narrative underscores, because we knew our religion well.”
prevents the easy response of turning away from
his moral reflection on the nature of war – SUMATHY SIVAMOHAN, the writer,
specially of the ethnic conflict in Sri Lanka. For playwright, performance artist and university
Thenuwara, these barrels were the perfect academic also gives us an important insight into
metaphor for a society at war. For him they hold her work in another segment of the
“the blood of hundreds of thousands of people”, documentary. Sivamohan’s thoughts can be read
and while security is necessary, it prompts the as the crucial purpose of DEFIANT ART and
questions security for whom ? For the people indeed perhaps of the whole of The
or for those in power ? Who is being protected - Reconciliation Series if it is taken as an example
and from whom ? Thenuwara perhaps speaks of “the art of television”. When asked by Sharni
for all the artists in this short documentary when Jayawardena “…how much can such art achieve?
he says “Today if artists want to work with What precisely can it do ?”, Sivamohan replies
people, they would need to move out of their “Raise complexities, subtleties and the difficult
studios into the public sphere. They should push moments. It is by recognizing the difficult
aside notions of high art and start thinking in moments that communities can come together.”
terms of the ‘art of involvement’. As the third artist featured in this documentary,
Sumathy Sivamohan acts out on stage a few brief
In an oblique critique of the disastrous scenes from her Gratiaen Award winning play
Sinhala-only language policy of the 1950’s and In the Shadow of the Gun and discusses her efforts
its weak rationale that English should be the link to bring people together by holding “workshops
language between the Sinhala and Tamil speaking that used theatrical and other artistic strategies.”
communities of Sri Lanka, LAREENA HAQ, Drawing on her deep personal experiences of
the second artist featured in this documentary the murderous violence of the ethnic conflict,
makes the crucial point that “the main reason Sivamohan’s aim through the workshops is to
for most conflicts is language. If you know my help people “get in touch with (their) own
language you will be able to know my feelings prejudices, fears, insecurities in order to
and what I think about you. If not there would overcome them.” A deeply committed artist who
be doubts and fears”. Haq is a poet and song refuses the anaesthesia of all the “modernisms”
writer and a university teacher of Tamil. The – Early, Late, Post etc. etc. – Sivamohan accepts
segment highlights two of her current projects the threats of violence and the resistances to
“of consequence” – translating a book by the understanding, but she refuses to stop there: “I
Buddhist monk Ven. Hiselle Dharmarathana on do whatever I can, even alone. I try not to shy
the influence of Tamil on the Sinhala Language, away – for that would be suicidal.”
and performing in a play staged by her university
about conflict between Tamil and Muslim JAYATHILAKE BANDARA takes up the
communities. The book, which is full of fourth slot in this representation of DEFIANT
“wonderful and rare facts” tells how the Tamil ART. A well known composer, lyricist, musician
and Sinhala languages have been in a healthy and singer in the Sinhala music world, Bandara
symbiotic relationship for years, and is an and his band of traveling minstrels have been on
attempt by Haq to dispel, through her the road for decades conveying messages of peace,
examination of language, the myths of ethnic reconciliation and hope from people of the South
purity which lie in one chamber of the heart of to the North and from those in the North to
this conflict. The play critiques the Muslim the South through a musical program performed
community’s responses of violent revenge on the streets called Sadhu Janarava. It is driven
“Camouflage”
by Chandragupta
Thenuwara .
(The yellow
dismembered
figures have been
painted on a green
background.)
Jayanthi Kuru-Utumpala
Children at the Keelpodupatti Refugee Camp, Tamil Nadu,
smiling for the camera.
The agreement between the parties must guarantee human rights to all Sri Lankans,
particularly Plantation Tamils, including the right to citizenship, property, franchise
and self-determination. It must also guarantee the safety and security of returning
refugees and their social and material well-being. Refugees themselves must be involved
in the negotiating and return processes for this end.
Landmines should be fully cleared and internally displaced people resettled before
refugee returns. The agreement must commit to speedy reintegration through
recognition of documents acquired in exile, such as refugee identity cards, certificates
of births, marriages and deaths as well as qualifications acquired outside Sri Lanka.
The Nallayan Declaration says that the agreement must contain a commitment
to restorative justice. Refugees who have lost property, relatives and livelihood must
be compensated. Provision should also be made for a Truth Commission that
promotes a healing process in all segments of society.
Source : www.refugeecouncil.org
S
ince the 1960s English-speaking natural, and ahistorical: the mere surface on
feminists have routinely distinguished which the script of gender is written.
between sex as biological and gender as Poststructuralist theorists of sex and gender reject
a social or cultural category. The sex/gender this picture of sex. Their aim is to understand
distinction provides the basic framework for a ‘sex or the body’ as a concrete, historical and
great deal of feminist theory, and it has become social phenomenon, not as an essence.
widely accepted in society at large. The original
1960s understanding of the concepts has the In this paper, I too am trying to work out a
merit of stressing that gender is a social theory of the sexually different body. Unlike the
construction and the demerit of turning sex into poststructuralist theorists of sex and gender,
an essence. Considered as an essence sex becomes however, I have come to the conclusion that no
immobile, stable, coherent, fixed, prediscursive, amount of rethinking of the concepts of sex and
Helpless !
opium, Hayath can easily cross the
Afghan-Pakistan border and reach
the smuggling-chief in the bazaar.
His hands and body were still
strong enough to carry goods such
as refrigerators, sewing machines
and bicycles whenever the
MARITAL
RAPE
“I
was being battered and what followed that the law does not allow the naming of names.
was sexual abuse. I wasn’t aware of
For according to Section 375 of the Indian
the term marital rape. But I knew that
Penal Code: “Rape is sexual intercourse without
what was happening to me wasn’t right,” says
the consent or against the will of the woman.” It
Rinki Bhattacharya founder of a helpline that
lays down six instances of rape, which qualify as
counsels victims of domestic violence.
offences. There is an exception to this section,
Bhattacharya walked out of her 19-year-old which reads, “Sexual intercourse by a man with
marriage when she realised that she was a victim his own wife, the wife not being under the age of
of marital rape. She registered a case under Section 15 years of age is not rape.”
498 A of the Indian Penal Code that deals with
This law stems from a patriarchal society
domestic violence. However, she could not charge
where a woman’s existence is defined by her
her husband with sexual abuse in the absence of
marriage. She is not only economically
any such law.
dependent, but also socially dependent on the
This is not a rare occurrence. The rape of a man. The problem also lies in the fact that the
woman by her husband is as banal as it is routine; Indian Penal Code was drafted by Lord Macaulay
a right is violated, a body is abused and a legal in the late 19th century. Its ethical underpinnings
system remains blindfolded. It is not a new were a reflection of Victorian morality, a code of
phenomenon. Marital rape is probably as old as social behaviour which in turn reflects the Judaeo-
the institution of marriage itself. But the term is Christian partiality for patriarchy. This also found
fairly new. resonance in the patriarchal moorings of Indian
2004 • OPTIONS • 3rd Issue • 31
society and in the priviledging of male rights of property.” And laws have not changed much since
sexual intercourse over women’s autonomy and then.
sexual choices.
But the enemy has an outpost in most women’s
The Code is as responsible for women’s situation heads. Most Indian women do not regard forced
as the underlying patriarchal principles of Indian marital sex as rape. They have been conditioned to
society. Indeed, it is a reflection of social norms for believe that providing sex is obligatory in a marital
law cannot be seen as separate from society, it is contract.
produced and sustained by society. Feminist texts
Ar una Soni, an activist from the Women’s
have reiterated that this means a negation of personal
Centre, Mumbai, sums it up articulately, “Wife rape
freedom, a subsuming of a woman’s sexual identity
should be seen as a violation of human rights and
and ownership of her body to the fact of her
not just as women’s issues. And this is only possible
marriage. As Vrinda Nabar the author of Caste as
if women themselves step out of the status quo into
a Woman, puts it, “Women are socialised and
which they are socialised. Patriarchy and selective
conditioned into believing that they exist only to
readings of religion place much emphasis on
fulfill their husbands’ desires, moreover, sexual
‘happiness of the husband’ as the prime duty of the
needs. And, it is an unwritten rule that he can always
wife. Therefore, in cases of wife rape women are
do what he wants to do without being questioned.”
scared to accept the truth or identify violence.” And
The woman has no say, and when she does refuse yet an eminent woman lawyer fighting for women’s
to submit she supposedly denies her husband his issues says, “There are more serious concerns
right. This confusion about conjugal rights and a involving women besides marital rape.”
woman’s social role as a ‘good wife’ has been restated
It’s not just the law that needs to be changed but
not just by patriarchal society but also reinforced
also societal psyche and the psyche of women
by law. As Veena Gowda, a lawyer advocating
themselves. As long as the silent majority looks
women’s issues, says, “Matrimonial laws are
askance, the offender will get away with impunity.
personal laws. They are based on religion. Though
And marital rape will remain on the fringes of not
criminal law in India does not recognize marital
just the law and of society, but above all, of our
rape, civil law can intervene to order restitution of
minds. •
conjugal rights. This means that if either spouse
refuses to comply with sexual demands made by
the partner, it amounts to cruelty and is considered Editorial Note: This article, although written in
a marital offence.” 2000, continues to be relevant even today despite
Kelly states in her book, “Rape laws were so much visibility on the issue of violence against
originally enacted as property laws, to protect man’s women. Options, would however like to apologize
property (a daughter or a wife) from other men, for not being able to carry any references, as this
not as laws to protect women or their rights to article was written as a university assignment, when
control their bodies. Thus, the penalty of rape was the writer was a Law and Media undergraduate at
intended to punish a man for defiling another man’s the University of Mumbai, India.
THE SRI LANKAN LAW q with her consent when the man knows he is not her
husband and she is under the belief that she is
In Sri Lanka, the Penal Code was amended in 1995 married to him
to accommodate Marital Rape, in the instance of a judicial q with or without her consent when she is under 16
separation or divorce. Section 363 of the Sri Lankan Penal years except when she is his wife who is over 12
Code defines rape as “sexual intercourse with a woman years and not judicially separated from him.”
q without her consent;
Although the age of statutory rape was increased from
q where her consent has been obtained by use of 12 to 16 years, the age of statutory marital rape of 12
force, threats or intimidation; years remained the same. This provision is applicable only
q where she is judicially separated from the man; to Muslims as Muslims allow marriage at 12 years. This
q with her consent when her consent was obtained legal loophole means that sexual intercourse with a girl
when she was of unsound mind, in state of who is over the age of 12 years and below 16 years, and
intoxication induced by drugs or alcohol; married to the person in question would not be considered
rape, unless the wife is judicially separated.
C O N T E N T S
Comment 1
Challenges - Sunila Abeysekera 2
Acting Asian - Sepali Kottegoda 4
The Murder of Fannyann Eddy 8
Tit for Tat !!! - Nehama Jayewardene 9
The Meira Paibis of Manipur - Sunila Abeysekera 12
Poem - Women’s Things 13
Book Review - The Road from Elephant Pass - Neloufer de Mel 14
Wonderings - Harini Dias Bandaranayake 17
Film Review - Defiant Art - Robert Crusz 19
Home away from Home?- Jayanthi Kuru-Utumpala 22
What is a Woman? - Toril Moi 25
Even God is Helpless - Pushpa Ramlani 28
On the Fringes: Marital Rape - Sonal Makhija 31
Edited by
Sepali Kottegoda
Jayanthi Kuru-Utumpala
Page Layout by
Velayudan Jayachithra
The cover painting is by Amitha Indirani of Kegalle. Having graduated from the Institute of
Aesthetic Studies in 1995, with a Degree in Art, Amitha completed her Postgraduate Diploma
and Masters in Archeology at the University of Kelaniya in 1997 and 2004 respectively. Amitha
has participated in a number of art exhibitions since 1994, including all the International
Women’s Day exhibitions held by the Vibhavi Academy of Fine Arts.
a
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