Bawandar (Sandstorm)
Saw a Hindi film called Bawandar(Sandstorm)(2000) last week. It is based on an actual story of Bhanwari Devi a woman living in a small village in the Western state of Rajasthan in India, who was gang-raped as a punishment for her activism in the village. This happened in 1992 and led to a high profile court case.
By the standards of modern Indian films this is a daring film along the lines of the more internationally known film Bandit Queen(1994) as it is quasi-realistic though not a documentary. Though it uses regular actors it does not have the usual song-and-dance sequences of Bollywood films; the characters speak in the actual local dialect rather than just adding a "rural" accent; the depiction of rape is horrific and gut-wrenching (as is the nature of the act) rather than being euphemistically depicted where the woman's bangles symbolically shatter or a candle goes out, etc; and the proceedings of the court case are far more realistic that the typical flamboyant, sensationalized court scenes one sees in films. While it is commendable that somebody took this real story seriously enough to make a serious film, as a film it is not a particularly good one -- some parts of it are very good and some parts are just downright cheesy and given to oversimplification, stereotyping and mischaracterization.
Anyway, after the movie ended there was a discussion about what impact the film may have had on Bhanwari Devi. I did some looking around on the web to get a handle on the actual facts of the case and here are some of things that I found (organized into three categories)
- Actual facts of the case
A press release from 1995 by a collection of NGOs (Forum on Violence Against Women et al.) that provides a good summary of the case.
- The impact of the film
- Long wait for justice(March 04, 2001) -- a review of the controversy that the film raised in India due to the heavy handedness of the Censor Board from The Hindu (a national newspaper in India).
- Unjust films on justice(December 03, 2000) -- Also from The Hindu, but a less sympathetic review of the movie.
- Squabbling over how the movie impacted Bhanwari Devi
- Rape victim enters Bollywood filmscript but stays an outcast (November 25, 2001) -- A journalist Sukhmani Singh for the The Indian Express (another national Indian newspaper) tracked Bhanwari Devi down and wrote a 'human interest' story on what effect the movie had on her and the claims and counterclaims of exploitation that it has led to.
- A storm in the desert (December 14, 2001) -- Sukhmani Singh wrote a more personal (and more polemical) editorial on the fate of Bhanwari Devi and how she was being exploited and manipulated both by the film-makers, the NGOs who were using her as a poster child for their respective causes and middlemen trying to make a buck from this sudden media glut.
- So many caricatures(December 20, 2001) -- Responding to these accusations, Jaya Sharma of a womens group (Nirantar) wrote a pointed rebuttal to this unfair potrayal of the NGOs.
- Rape victim enters Bollywood filmscript but stays an outcast (November 25, 2001) -- A journalist Sukhmani Singh for the The Indian Express (another national Indian newspaper) tracked Bhanwari Devi down and wrote a 'human interest' story on what effect the movie had on her and the claims and counterclaims of exploitation that it has led to.
- Government extends financial help to Bhanwari Devi(January 10, 2002) - The online newspaper Rediff reports that "...Chief Minister Ashok Gehlot announced the allotment of residential plot to Bhanwari Devi and a grant of Rs 40,000 for construction of a dwelling on it..."
- Long wait for justice(March 04, 2001) -- a review of the controversy that the film raised in India due to the heavy handedness of the Censor Board from The Hindu (a national newspaper in India).
- The larger impact of this case (which very surprisingly the movie never mentioned even during the epilogue)
- [Extract from a United Nations Development Fund for Women (UNIFEM) report Say no to gender violence:Chapter 5 (Pg 94)] (Note: CEDAW = Convention on the Elimination of All Forms of Discrimination against Women]
"....In 1992, a group of women's organisations submitted a writ petition to the Supreme Court of India in Vishakha vs. State of Rajasthan. The petition concerned the gang rape of a social worker in a village in Rajasthan and the failure of local officers to investigate the matter.
The Court was petitioned to enquire after the absence of laws prohibiting sexual harassment in the workplace. In agreement with the petitioners, the Court found that, by ratifying CEDAW and
making official commitments in Beijing, India had endorsed the international standard of human rights, making it mandatory for the Government to protect women"s rights in all spheres, including the work place.
The significance of the Vishakha judgement was the Supreme Court's ruling that although CEDAW is not directly part of the domestic law of India, international conventions like it can be used by Indian courts to shape national laws. The Court drew up a set of guidelines and norms, including detailed requirements for processing sexual harassment complaints, which will bind private and public employers until the Government passes suitable legislation. 24 Government departments, universities and colleges are among institutions that have set up committees to investigate cases of sexual harassment. The Court's guidelines rely on CEDAW's general recommendation 19, especially with regard to the definition of sexual harassment. Unfortunately, however, the Court has not established a clear time frame for implementing these guidelines...."
Even as a lay person, it seems to me like a truly important decision.
- The highlights of the "Vishaka versus State of Rajathan" judgement are summarized in Annexure 5.1 (Pg 29) of the report Making women more secure in Delhi: Towards confidence building and tackling sexual harassment (on the Delhi govt's Dept of Social Welfare website)
- The real name of the prominent activist who helped Bhanwari Devi is Kavita Srivastava and she has an interesting paper called Facilitating justice for women & dalits: Experiences from Rajasthan
- Finally, the Human Rights Watch chapter Attacks on Dalit women: a pattern of impunity(in the larger report Broken people: Caste Violence Against India's Untouchables, 1999) has a bit about Bhanwari Devi in the broader context of discriminatory violence against Dalits.
- [Extract from a United Nations Development Fund for Women (UNIFEM) report Say no to gender violence:Chapter 5 (Pg 94)] (Note: CEDAW = Convention on the Elimination of All Forms of Discrimination against Women]