Premium
This is an archive article published on December 16, 1999

Forgiving Sonia emphasises patriarchy

A large number of petitions are being sent to President K.R. Nara-yanan to commute the death sentence to the killers of Rajiv Gandhi. The ...

.

A large number of petitions are being sent to President K.R. Nara-yanan to commute the death sentence to the killers of Rajiv Gandhi. The President has forwarded the matter to the Central Government and will do what the Cabinet recommends. Of these many petitions the most famous is from Sonia Ga-ndhi. Sonia Gandhi has requested clem-ency in the case of the only woman con- victed, Nalini, on the grounds that she has an eight-year-old daughter and that a chi-ld needs a mother for proper growth and development.

A pertinent question is the validity of the proposition that commuting the death sentence of a mother would be good for the child. The perplexing point involved in this entire issue is the assumption that if Nalini continues to live then it would be good for her child but a bad precedent for the society at large.

There seems to be an asymmetry between the macro and micro level situations in this case. Let us assume that there exists a symmetry between an individual, family, society and nation andthat the well-being of one is inextricably linked with the rest. Then one can logically argue that any particular act of mercy is positively detrimental to the larger and greater good of society. Moreover, if she is to be given lighter punishment, it would be a violation of the equality principle and the fact that in her case the punishment would not be commensurate with the crime.

The opposite could also be said that such a criminal should die for her child could suffer grievous psychological harm if she continues to live. It is better to remain motherless rather than have a mother like Nalini who has been sentenced to death for killing. Moreover, if the child needs only the mother then what happens to the father?

Historically a mother did not have ri-ghts of custody, in event of the death of the father, over her children. Traditional patriarchal theory as articulated by William Blackstone argued that by marriage a man and wife are one person in law. The early liberals like Thomas Hobbes and John Lo-ckewere among the first to argue for the mother8217;s equal right over her children alo-ng with the father to counter patriarchy and establish a case for equal rights for women.

If one has to grant the mother her rightful status then we reach the problem that is an integral part of patriarchy, namely extolling the virtues of motherhood, regarding child bearing and rearing as the primary responsibilities of a woman, a perception against which feminists have waged a long battle. If Nalini is granted clemency then she reinforces patriarchy for she survives because she is mother and not as a complete woman in herself. Nalini as a person has no value but Nalini as a mother is precious.

Seen in this light, Sonia Gandhi8217;s plea is reinforcing patriarchy. The feminists accuse the BJP of upholding a traditional image of the Indian woman. But it is the Congress party president who has been its strongest and most convincing spokesperson. She has consistently projectly herself as a mother, widow and daughter-in-law. Even hermother-in-law Indira Gandhi categorically stated in 1975 that she considered motherhood to be the crowning glory of her life. It is unfortunate that the Congress party had twice the opportunity of being headed a woman and both upheld the conventional perception of women as primarily mothers.

Story continues below this ad

In all this uncalled for glorification of motherhood the father8217;s natural right is totally ignored. He is projected as an alienated being with no link with his children other than begetting them but having no role in their upbringing. Everybody loses in this child, mother and father. The argument that the mother8217;s life is more important seem to violate the cornerstone of equality in modern societies.

One could understand a plea for the abolition of the death penalty per se ra-ther than pleading for its selective enfor-cement. One can argue that such selective generosity can tempt terrorist organisations to use more mothers for carrying out their purposes. Mahatma Gandhi who denounced all kinds of terrorism refused toask the British government for clemency even for a noted patriot like Bhagat Singh. The lack of such a universal plank lead us to suspect Sonia Gandhi8217;s call as political opportunism rather than a humane rethink on capital punishment.

The writer is a reader in political science at Jesus and Mary College, New Delhi

 

Latest Comment
Post Comment
Read Comments
Advertisement
Advertisement
Advertisement
Advertisement