In what follows, I wish to argue out that the concept man ipso facto or the concept of human society is a value concept that is, to say man and society cannot be explained completely, adequately and exhaustively purely in naturalistic or scientific terms. In other words, without reference to ultimate and absolute value, the concept of man and society remain in a way incomplete in the sense that man, society and morals integrally and inseparably connected. It may not be out of place to give historical reference to this issue in this connection. In the last part of the last century the logical positivists describe moral language as emotion-laden. In other words, morality does not have any social objective correlate. Some philosophers in order to save the situation tried to characterize moral language as persuasive. This literally means that morality can be dispensed with. The social contract theories are arguing for contractual nature of man and society. By making such contract, the advocates of such theories surprisingly made an attempt to reinstate political and social values, like laws, liberty, equality, natural rights and etc. As a result, certain constitutions in Europe made natural rights as basic ingredients of fundamental rights. It may not be out of place to mention in this connection that incorporation of a section of such fundamental rights in Indian constitution by its founding fathers.
These natural fundamental rights are inalienable in nature. Now what does it mean? Human rights are natural rights and natural rights are moral ideals, and as such they are inalienable and indefatigable. The concept of human rights is vociferously advanced in the present century is a pointer in this direction. Natural rights or human rights are not conferred by any state or political group, though most of the times the concept of rights is understood as political rights. This is how some constitutions have enumerated the list of rights under political rights. The political rights are created, can be abridged, enhanced or multiplied but natural rights are uncreated and hence cannot be abridged or taken away. The concept of human rights is derivative of natural rights and natural rights are connected to morality. So natural rights constitute the building blocks of alpha and omega of human rights. This clearly shows that natural rights and human rights are irretrievably connected. Further, natural rights may be characterized as a set of moral principles. In this sense only natural rights and moral rights are interconnected. It may not be out of place to mention in this connection that all great religions of the world like Jainism, Buddhism, Christianity, Islam and Hinduism lay emphasis on certain cardinal moral principles and they are called human rights. Sometimes questions have been raised as regard the number and historicity of natural rights. In answer to this question, it may be said that the natural rights being a set of moral principles cannot be enumerated in details. But they can be illustrated as follows. Love, compassion, kindness, empathy, sympathy including the virtue of self-sacrifice for others can be taken as the samples of natural rights. To allow others to enjoy their natural rights means to have love and sympathy towards them. In this sense non-violence constitutes a basic ingredient of natural rights. Jainism stands for unconditional and absolute practice of non-violence. As such Jainism has spelt out more than hundred forms of violence. Violence, in any form that is, in thought or word or an action, has to be avoided. Jainism does not even want violence in respect of other animals and even inanimate objects. In this sense non-violence is a paradigmatic form practiced by Jaina.
Violence is antithetical to natural rights. Now the question is what violence? How do we explain violence? In answer to this it can be said that violence is a mindset or an attitude. Psychologists and physiologist tried to explain violence in terms of physical and psychological factors. According to them a person becomes violent when there is secretion of excessive hormone of a particular type. So in order to eliminate, one has to undergo a medical treatment that is, reducing violence means reducing secretion of hormone. It may be noted in this connection that among all the living beings or creatures only human beings can be said to be violent or non-violent. Violence rarely occurs in the animal world as for example, a tiger or lion kills other animals when it feels hungry. No animal raises a war against its fellow beings in order to conquer and subjugate. Subjugation of one’s fellow being takes place only in human world. In this sense violence is a species of learned behavior. We learn to be violent, subjugate and sometimes demolish other human beings.
It is sometimes believed that violence increases and even can subside with advancement of knowledge. But as a matter of fact development of science and technology and proliferation of knowledge in other branches of social sciences and humanities have given a booster to violence. The two world wars including occasional fights among nations for selfish interests is a pointer in this connection. The so called knowledge including science and technology has tremendous impact on humanity. In other words, knowledge instead of humanizing human being has dehumanized humans. In a way a knowledgeable person has become a danger to society. An educated person becomes very clever. Proper and right education is very essential. As Milton said knowledge is sorrow. What does it mean?
Out of the excessive greed humans have destroyed the environment beyond repair, this is violence of a different type, that is, violence to the mother earth. Therefore, it is necessary to discuss violence in relation to natural rights and human rights together in a holistic manner. Sometimes, in media, some people have been saying violence is being inflicted and perpetrated on weaker section. To identify the weaker section, the answer is usually given as SC and ST, dalits, women and children. I wish to point out that issue of violence has been completely misunderstood. As a matter of fact, the weaker sections have been identified. It is a fact that sometimes in India, some women are being tortured but the cause of torture is not because there are distinct categories of men and women in human society. Empirically speaking, in India in certain parts of the country, violence and torture on women is sex related. Indian society by and large is a closed society where even marriage, for example, does not take place through the independent decision of men and women but by seniors in society. It may not be out of place to mention in this connection that North-East India is relatively free in this regard of sex-related torture. In fact, such incidents are very minimal or almost absent. The same can be said of a tribal society in other parts of the country, where boys and girls get married by their choice. What happened in Punjab and Haryana in the name of ‘honor killing’ is almost absent in North-East including tribal society in general. The gotra is being invoked in modern society in some states to decide matrimonial cases. Gotra is a fictional term. It is believed that every community descended down from a rishi or sage like Tochapha, Boratpha and etc. This fiction is used and treated as historical truth. Therefore, the dictum is nobody should marry into the same gotra. In recent time, in Punjab gram sabha took a decision that nobody is allowed to marry into the same gotra. If a woman is tortured even done to death it is not because she is a woman but because she married the same gotra. Gotra is a mythical fact. Therefore, while discussing torture on women, this fact should be kept in mind. Torture on women and ‘honor killing’ is absent in North-East. Further in other parts of the country particularly among Hindus, a girl is tortured and even put to death if she decides to marry someone belonging to other caste. As a result, one undergoes suffering, pain, or torture not because one is a woman but she decides to marry a person belonging to other caste. Therefore, while discussing torture and violence, this fact should be kept in mind. It may not be out of place to mention in this connection that certain parts of Orissa, Chhattisgarh, Jharkhand and Madhya Pradesh women are not only tortured but put to death for practicing black magic. Suspicion of practice of black magic is the cause of violence and torture.
I wish to suggest in this connection that the issue of torture on women and children has to be understood properly before we suggest any remedial measure to it. Right or proper understanding of a problem is the sine qua non of any solution to the problem. In other words, conceptual clarity of an issue in the initial stage of any solution to it is mandatory. Now let us begin with the concept of a child and incidents of torture on them. As a matter of fact, parents do not inflict torture on their children. It is the consequence of other contingent factors that lead to incidents of torture on children. Disproportionately large families, poverty, illiteracy and ignorance give rise to the fact of torture on children. Usually economically weaker section, send their children to work in the fields of others. Sometimes, businessman and manufacturers find it easier and convenient to employ small children in their business concern. They do not even mind in employing small children in hazardous job like glass manufacture, bidi making and other manufacturing at a very low wage throughout the country. Child labor consequently inflicts torture on them. To reduce or even to eliminate adequate and meaningful steps should be taken, that is, to reduce or to eliminate poverty. Simply framing laws against child labor and consequential torture does not solve the problem so long as poverty is endemic and population goes on increasing. The policy makers should know this and act accordingly. It is most unfortunate that in India, policy makers do not go to the root of the problem; as a result, child labor and its attendant torture on innocent children go on increasing. Sometimes paucity of fund is cited as an obstacle to this problem. It is argued out by a section of policy makers, that government does not have adequate to spend on medical care and education on children of various poverty stricken groups. However, even at the cost of audacity, it may be pointed out in this connection, state like Orissa has fund to construct palatial building with air conditioner in Puri town for short stay of M.L.As during festive days. Sometimes, children die of house collapse because of dilapidated school buildings, yet both the central and the state governments have fund to lavishly spend on luxury and comfort in different forms. This is a shame to all of us.
Further, conspicuous consumption in high offices at state expenses lead to such callous indifference to the masses in general and small children in particular. I wish to reiterate in this connection that torture on children is both intentional and consequential. It is intentional when state does not come forward to solve the ground level problem and it is consequential when the state indulges in vulgar expenses on unnecessary items and the wrong priority. Coming to the empirical data on child torture, the number in north-east is relatively less than other parts of the country. What could be the reason? Relatively, north-east is less industrialized. Small restaurant and hotels are also relatively few in number. Again torture of small children because of pedophilia is on the increase because of western influence. In some sense some westerners come to India as tourists and visitors to enjoy sex with children. There is no doubt about it that pedophilia is a sign of mental derangement of modern human being. Remaining single, late marriage and conflict with one’s spouse give rise to pedophilia and proliferation of prostitution. The incidents of pedophilia in North-East are almost minimal because of relative free society. Therefore, when we talk of torture on children, one must take note of these facts. Killing small children, making maimed and deformed in order to collect alms and begging is almost absent in North-East India. Certain stray incidents of this type are visible in crowded areas of North-East. But those who practice these are by and large from outside the region.
Impact of violence on women and children
Let us now discuss the impact of violence on society in general and women and children in particular with special reference to North-East India. It is very necessary to mention in this connection that in human history it is only groups of individuals have turned violent from time to time but states in general have also become violent for some reason or other. Violence perpetrated by the state is more dangerous than violence inflicted and created by individuals. Organized war and perpetration of violence by the state has caused much more danger and irreparable loss to humanity. The great Indian epic Mahabharata illustrates this point very clearly and effectively. The fight between Kauravas and Pandavas on small causes ultimately led to destruction and devastation. As a consequence the Pandavas left the thrown and resorted to meditation and reflection.
The great Mahabharata is a myth but it is very much pregnant with significant meanings. It is this: violence and war are destructive. It is most unfortunate that human being has not learnt anything from its history and mythology. The two great world wars not only perpetrated violence but led to irreparable loss and destruction. In a sense, people got recovered from traumatic experience of violence and war, but they have not forgotten the traumatic experience and the scars remain. Because of historical reasons Jammu and Kashmir and North-East India have witnessed and experienced such type of violence. Its impact has been dangerous and the trauma that they experience is unforgettable along with their inherent psychological pain and abnormal behavior. Who is responsible for this type of organized violence? Perhaps it is not proper to hold a particular group responsible for such type of violence. For some reason or other, human being has not been able to overcome one’s ethnic, racial, religious and cultural differences. In other words, we have not learnt to live with other groups. It is a fact that Nagas, Mizos, Khasis and other tribal groups of North- East India are ethnically, racially, culturally and linguistically different from the rest of Indians. Further, historically speaking, the entire North- East except Assam (pragjoti) has not formed part of greater Indian empire in ancient days. The British rulers in India were very perceptive, that is how they promulgated the inner line permit. Their sole aim was to rule and make profit and not to integrate different parts of India. The problem of the North-East India became a serious political issue after the departure of the British. Gradually the hate India attitude developed because of many factors. Finding the situation difficult to handle, the Government of India promulgated special powers Act. The army was given special unlimited power to deal with the situation. They could enter any village, any household, shoot anybody on suspicion or arrest anybody arbitrarily or take any stringent action as they deem fit. Its impact on the tribal particularly Nagas and Mizos has been very grave and devastating particularity women and children who are usually confined to the houses. Though in due course of time government of India has become very careful and cautious yet the traumatic experience is still there.
What is to be done? In answer to this, it may be humbly submitted that the state is a result of contract that is to say a particular group has the right to decide whether to stay and live with other group. But at the same time when we look at the Indian situation today, the government of India has taken some special measures to solve the problem of the North-East. Therefore, I wish to humbly suggest that both the sides should reasonably and rationally resolve the issue peacefully with the sense of seriousness. As a matter of fact, the state organized violence in North-East is gradually on decline. The incidents of rape, molestation, and torture being inflicted on women and children by some members of armed forces in tribal areas are fast declining. Institutions like tribal commiserate human rights commission SC & ST commiserate and commission for women and children have played a very important role. Even the supreme court of India has played very significant role in this regard. The number of significant and important judgments has become very critical of the functioning of the Government of India in this regard. Public interest litigation has gone a long way to eradicate such evils. It is true that state organized violence has been under check but violence as a human phenomenon is on the increase throughout the world. The great religious traditions of Buddhism, Jainism, Christianity and Islam tell us to shun violence. Instead of violence taking the roost, love, fellow feeling, kindness and tolerance should reign supreme. But for some reason or other it has not happened like that. In other words, physical, social, political, cultural, ethnic, religious and linguistic violence is on the increase throughout the world. It is the duty of the conscientious person, intellectual and genuine religious leaders to work hard to eradicate violence. Violence breeds violence. Non-violence is the only method and way. All great moral exemplars preach and live by non-violence such as Socrates, Buddha, Mahavira, Christ, Tolstoy, Kabir, Laostii, Diogenes etc.
Dr. Xavier Pfokrehe Mao,
Associate professor,
Department of Philosophy,
NEHU, Shillong-793022.
