Feeble is Fierce
The recent judgment of the Delhi High Court overturning the rape conviction of director Mahmood Farooqui has thrown up some problematic assertions. Specifically, the dismissal of a “feeble no” from the survivor has led to a larger discourse on consent and how it ought to be defined, both legally and sociologically. The new phenomenon of “grey areas of consent” is now being widely propounded. We centre the voices of women in what has otherwise been a largely male-dominated narrative in the era of Harvey Weinstein.
Aparna Jain Author, Delhi
n India, we are not taught about consent. As toddlers, we are told to “give uncle a kissie, give auntie a hug even as the child is protesting clearly through body language. This continues as toddlers and teenagers, when we tell our children it is their duty to be “sociable.” It continues in marriage where the woman is taught that sex is her duty no matter what the circumstance. Consent is when we are in charge of our bodies. It’s about time this changed—for all ages. We need to empower our children to understand consent. To be in charge of their bodies. We need to respect children when they don’t want to be touched even though we believe the gesture is affectionate. And we need people of all ages to understand that a smile, a hug, laughter or friendliness does not mean yes.
It is exactly what it is. Just a smile. Or a hug.
Shreya Ila Anasuya Writer and journalist, Delhi
ince the Farooqui judgment, which is enraging and sets a terrible precedent, a number of intellectuals who identify as men have talked about ‘grey areas’ when it comes to their understanding of consent. For me, consent is non-negotiable. It’s the place you begin from. It isn’t the push-pull that our film industry and culture at large seem to glorify. In a country where the highest court in the land can say shameful things like ‘a feeble no may mean yes’, we must demolish the idea that consent is something that can be taken for granted instead of clearly and continuously affirmed. All partners in question must be fully in charge of their own sexual choices, and if that disturbs some people and turns them off, this makes me question their respect for their partners.
Nandita Saikia Lawyer, Delhi
onsent can apparently be interpreted through an extra legal lens to obscure the ‘unequivocal voluntary agreement’ envisaged by statute. So, it’s worth considering the socio-cultural perceptions of consent. It may be trite to say: ‘Without enthusiastic consent, there is no consent at all,’ and easy to caricature the line with: ‘Signed permission in triplicate!’ But, even so, it’s challenging to convincingly argue that consent should be anything but informed, unmistakable, and explicit to be meaningful. Relying on anything less, or creating supposedly nuanced grey areas, runs the risk of violating another person, and should not be acceptable.
Harnidh Kaur Public policy analyst and poet, Mumbai
onsent is not just a ‘no’, it’s an enthusiastic, educated ‘yes’ with no coercion leading up to it. When the High Court gave us the precedent of a feeble no, it created degrees of consent thereby putting the onus of responsibility when it comes to clarifying consent on the survivor. All no’s are valid, irrespective of past interpersonal dealings. We need to start thinking of consent in hard, non-negotiable terms, something that the media will have to appreciate and make popular for it to have a substantive impact. It’s a tall order, undoing years of conditioning, but it’s already very late. We need to start changing things posthaste.
Bishakha Datta Filmmaker; Executive Director, Point of View, Mumbai
onsent has become like a badly-rolled roti—its dough being pulled this way and that, stretched out of all shape, meaning and taste. Frankly, consent is not that complex a concept. Yes means yes. No means no. And yes and no can be voiced verbally or non-verbally. Even the law recognises that consent can be signalled non-verbally. Look up Section 375.) So the issue is not that folks, especially some men, don’t understand consent. It’s more that they ignore it. Pretend they didn’t hear it. Didn’t get it. Say it was feebly voiced. This is the real problem, not consent itself.