Women’s Rights Lawyer

Born: 30 November 1947
Birthplace: Mazagaon, Mumbai

From a survivor of domestic violence to a women’s rights activist and legal luminary, Flavia Agnes shares her journey of becoming the voice of oppressed women with Sai Prabha Kamath

On the busy Kalina market road in Mumbai, one could almost miss the headquarters of Majlis—a forum for women’s rights discourse and legal initiatives—but for the perfect directions given to us by its head, women’s rights lawyer-activist Flavia Agnes. As we enter the ground-floor flat turned office, a group of bright, young women are engaged in an animated discussion about laws concerning ‘live-in relationships’. As promised, Agnes arrives sharp at 12 pm. Dressed smartly in a chic, light turquoise blue sari with matching jewellery, she leads us into a room where huge shelves with heavy legal books set the mood for our interview.

Later, we continue our discussion at her nearby home where the 69 year-old lives alone. The living room mirrors the fascinating personality of its owner: an antique photo of old Bombay; exquisite showpieces decorating the hall interspersed with books on gender equality and women’s rights; an adjoining monsoon-happy, green balcony-garden.

A survivor of domestic violence, Agnes walked out of her marriage and, later, transitioned into a self-made legal luminary through sheer hard work and determination. She not just survived to tell the gory story of her traumatic marriage but was determined to help other battered women lead a life of dignity. Late in her 40s, she pursued a postgraduate degree in personal law and constitutional law from the University of Mumbai and received an MPhil degree from the National Law School – Bengaluru at 50. Through her various public campaigns and PILs, she brought the issues of women’s abuse and domestic violence to the fore at a time when such subjects were rarely addressed.

“Even today, a woman has to struggle to find her own liberation. That task is as daunting today as it was when I set out to find my own path. It is still not easy for a woman to live her life as a single woman and raise her children. The social and infrastructural support is lacking. Despite these odds, the struggle must go on,” she writes in her autobiography My Story … Our Story of Re-building Broken Lives which has been translated in more than eight languages and widely circulated to women in violent marriages around the world. “The strength lies in knowing there is light at the end of the tunnel. Each small step taken is a step forward and leads towards a meaningful new life—a life free of violence, and beyond it, a life free from the fear of violence.”

In 1990, along with like-minded professionals, she co-founded Majlis, a legal and cultural resource centre, where a group of dynamic women lawyers and social activists are committed to informing, educating and empowering women on their legal rights. In Maharashtra, the centre has touched the lives of over 50,000 women, litigating on their behalf. A prolific writer, Agnes has published several articles on subjects such as domestic violence, minority law reforms, secularism and human rights, and authored books such as Law and Gender Inequality, Family Law (two volumes) and Defending Muslim Women Rights: Bridging Muslim Personal Law and Court Judgements.

On International Women’s Day this year, a tree was dedicated in her name in the Garden of the Righteous in Milan, Italy, recognising her role in combating violence against women in India. A recipient of the prestigious Neerja Bhanot Award (1992) for her contribution to women’s rights, Agnes has worked on issues of gender and law reforms and continues to provide legal services to women and children. A feminist legal academician, she mentors lawyers and is invited to universities across the world for guest lectures. The feisty lawyer opened up to us on her inspiring life, fight for women’s rights and her ‘idea of India’.

EXCERPTS FROM THE CONVERSATION

The early phase of your life was not pleasant. From where did you derive strength in the face of adversity?

I grew up in the peaceful surroundings of Mangalore in coastal Karnataka in my aunt’s place as my parents were living abroad. I had an arranged marriage and became part of a nuclear household.

I had three children in quick succession and throughout my married life, I was a victim of acute physical abuse. I had learnt to cope with oppression as part and parcel of marriage. In 1980, I got involved in an anti-rape movement; it was almost accidental. Someone told me about this group—Forum Against Rape (later renamed Forum Against the Oppression of Women)—which was meeting every week in a library and since I was interested, she accompanied me to this place. From there, there was no looking back as I met a group of dynamic women whose thoughts matched mine on subjects such as rape, oppression and violence. With their help, I was able to leave my home with my daughters after suffering 13 years of an abusive marriage.

What made you fight legal cases for women?

Owing to my own personal struggle, fighting for women’s rights became the mission of my life. I acquired professional degrees in my later years to carry on with the work and represent women in litigation.

Has Majlis achieved what it set out to?

Yes, to a certain extent. Apart from active litigation and public campaigns, through a convergence model involving the judiciary, police, hospitals, and the Department of Women and Child Development of the Maharashtra government, we provide socio-legal support to women on issues such as sexual abuse, domestic violence and matrimonial rights. We are monitoring Manodhairya, a scheme in Maharashtra that provides financial assistance and support services to survivors of sexual violence and acid attacks. We also impart legal skills and strategies to lawyers and social workers. Yet, there is so much more to do.

Despite women having proven their mettle in every field, they are still subjected to bias, oppression and exploitation. How old is gender inequality in India and how can we change it?

From time immemorial, women have been subjects of gender bias and oppression—the image of Eve being the temptress, the character of Sita being subservient to Lord Rama, the Adarsh Purush,despite the injustice meted out to her, and so many other stories form our thinking and have become part of our psyche. Challenges from women like Draupadi, who defied Bhishma in an open court and refused to tie her hair till the insult against her was avenged, are very few; strong women are always projected in a negative light. However, times have changed considerably. Today, many women are opting out of oppressive marriages and demanding their rights in court. More women are educated today compared to the pre-Independence era. There is one-third reservation in local bodies and jobs. Also, many women are doing untraditional tasks. Still, there is scope for progress.

According to a United Nation Population Fund Report, around two-third of married Indian women are victims of domestic violence. How do we deal with this?

The prevalence of domestic violence in our society has not diminished in spite of public campaigns and legal reforms. Some strong sentiments that hold women back from speaking up are ‘You are creating the problem’, ‘You are not adjusting’, or ‘You should not break the family’. Through my research and study of the lives of several battered women, I have come to a conclusion that it is not just a ‘personal’ problem or a psychological ‘behavioural’ issue, but a far more complex social problem. To deal with it, first, the legal system should work. Second, awareness of women’s rights should be created not just at the ground level but all levels of society.

Is Indian law sensitive towards women? Can you cite a case where the law has worked effectively to protect women?

Indian law is sensitive. However, the way it is implemented is not. Sometimes the authorities involved—for instance, the police or judges—have patriarchal values and beliefs. The purpose of the law needs to be explained in different ways to different people. For our part, Majlis is training public prosecutors, judges, police and magistrates by sensitising them about the law without challenging their beliefs. As for a case where the law has worked effectively, there was a case of a father raping his own daughter. The girl was a bright, 1st year engineering student. Though she filed a police complaint, family members put pressure on her to retract. During the trial, the public prosecutor showed a report wherein the girl was contradicting her own statement. After meeting her and explaining our victim support programme, she gained confidence and deposed again and narrated the true story and the father was given two years’ imprisonment. Her family abandoned her and we have taken it upon ourselves to ensure that she achieves her dream of becoming an engineer. With the help of donations from individuals and private trusts, we have taken care of her accommodation and fees this year. However, there are two more years to go and we are seeking support from well-wishers to continue our mission. Where the law has failed her is that when the father filed an appeal, the High Court immediately granted him bail and he is back home; the case has now gone into cold storage. This is a travesty of justice and the price a girl has to pay for deposing against her own father.

According to a study conducted by Agewell Foundation, older women in India are more prone to suffering abuse owing to factors like gender discrimination, longer lifespan than older men and absence of a source of income. Common issues affecting them are destitution, alienation and isolation, and financial and social insecurity. What do you think is the need of the hour—institution building, institution strengthening or institutional transformation?

We need to build institutions as there are hardly any to take care of our women and silvers. Owing to rapid urbanisation, we are at a crossroads. Women—more so mothers—have invested so much of their time and energy raising their children and supporting their families. But as they have grown older, the values have changed. The earlier generation used to have a sense of duty towards parents. However, these days, children seeking brighter prospects live abroad and, in many cases, there seems to be a lack of responsibility towards caring for parents. In this scenario, elderly women are left high and dry and considered a burden. They could opt to live in a community setup, but this is not feasible in all cases. Elders also need to change their mindset, else they will find it difficult to bridge the gap between their expectations and the ground reality which results in heartache and bitterness.

As seen in many countries, we need a community setup for the elderly and must create awareness about the advantages of living in communities. For their part, silvers can keep themselves busy by engaging in activities of their interest, social work, travel, etc.

In your view, what is ‘the idea of India’—that which makes our country unique?

Our multidimensional culture is our strength; we observe different festivals; our food patterns are varied and rich; people belonging to many identities flourish here, living harmoniously as a composite culture. We should not flatten it out by pushing somebody out because their culture or food habits are different from the mainstream majority—all of us have space here as everyone has contributed to making India what it is today. And we need to cherish and strengthen this culture as our greatest asset.

How has India fed your professional and personal ambitions?

Many people ask me, ‘Is India a good country to live in?’, ‘Is the country safe for women?’ I would not think of living anywhere else in the world where you are a second-class citizen. For me, India is my country and Bombay is my place. I just love the dynamism of the city. People here are not bothered about who you are or what your status is; only your work matters. I could have gone back to my native place and survived with the support of my friends and relatives. But I chose to live in Bombay and made my career where I contributed and was not slotted or stigmatised.

Have there been any limitations to your growth?

It is important to convert limitations to advantages and grow from there. I have always tried to see every challenge as an opportunity and have tried to surmount it. This is the only way I could advance. Research is my passion and my work has only multiplied. With communication advancement, one is not clamped down by living in India. I have travelled to different countries and taught at universities. In fact, even when I got offers to teach abroad, I have not accepted them because I prefer to live and work in India. This is my choice.

Considering your birth coincided with the birth of our nation, what parallels can you draw between India’s advancement and your own life?

The birth coincidence is something I am proud of. As the country was celebrating its 10th Independence Day, I remember laddoos being distributed in all schools. I recollect reading newspaper articles about the country getting into its teens and reaching middle age, etc, keeping company with my age! I always connect with the growth of the nation as it has marked my growth too. The milestones the country has had at various periods can be linked to various stages of my life. Just as the country progresses amid setbacks and successes, I have also moved on and looked ahead with a positive attitude.

What best practices from other countries should we emulate?

Two things that go with development are disabled-friendly infrastructure and support mechanisms for the elderly, including healthcare for the terminally ill. Unfortunately, India hasn’t progressed much there. We still look at family as a support system. We need community setups like other countries. Also, healthcare is beyond the reach of most people and the public healthcare system is failing due to neglect while five-star types of hospitals are on the increase.

Where do you see our nation heading now?

It’s a difficult question to answer; I am not a politician or policy planner. But I can see a lot of negative things happening, leading to public discontent. Marginalised people are getting pushed out; development has not taken place among them. At another level, I am amazed at the amount of money people make and yet their families are so unhappy. Making money doesn’t lead to happiness.

As I’m involved in movements like minority identity, civil liberty, rights of disadvantaged people, and women’s rights, I don’t see much progress happening there. On one side, we are talking about economic development but it is not filtering down to the next level. Every political party has come to power with an anti-corruption ticket. But corruption is ingrained in the system. Incentives and allocations by the Government rarely reach the needy as a lot of leakages take place in the middle. Year after year, the country is seeing farmer suicides, children dying of malnutrition, drought, etc. This indicates that something is wrong with our development policies. At one level, we say we are poised to take off as an important force globally and at another, people are dying because there is no drinking water. And we are playing religious and caste politics with the grief and miseries of these people. It is indeed ironic.

What role can silvers play in nation-building?

Today we see a lot of elders—along with the youth—contributing to social change in different ways. In fact, many are venturing into new careers after retirement. While the youth has the energy, the older generation can impart skills, experience and values to youngsters. I see the elderly as an asset as they have a vital role in strengthening the nation.

How do you unwind? Do you follow any exercise regime?

I love gardening and tending to the plants in my balcony. I often tell people who visit me that my plants, my cotton saris and silver earrings [she has an exquisite collection of ethnic saris and silver jewellery from destinations across India] are the only inheritance I will be leaving behind [laughs]. And though I don’t follow a strict exercise regime, I love walking. I read, but rarely fiction.

What do your children do now?

My children are doing well today; one of my daughters is working with Majlis. They are independent and have made conventional choices of marriage to partners of their choice. Each of them has a little daughter to love and cherish. They are supportive of my work.

What keeps you busy today? What plans going forward?

My work, which involves writing, mentoring the younger people in the organisation, occasional court appearances, travelling to cities where I am invited for lectures, etc, keeps me busy. I have many pending writing assignments. I really have no time for anything else. I enjoy writing for publications where my articles reflecting my thoughts and concerns on various issues are valued. I just hope I can continue this way till the end.

Milestones

BA in Sociology (1984); LLB (1988); LLM (1992); MPhil (1997)

1984: Published My Story … Our Story of Re-building Broken Lives, an autobiography on domestic violence

1990: Formed Majlis, a legal and cultural resource centre

1992: Received Neerja Bhanot Award

1997: Oxford University Press published Law and Gender Inequality, a book Agnes wrote countering the demand for a Uniform Civil Code

1997: Secured the right of divorce on the grounds of cruelty for Christian women through a landmark ruling of the Bombay HC

2001: Helped to bring about legislative reform in the law of divorce applicable to Christians

2002: Initiated a legal advocacy programme for sexually violated women in relief camps after the communal carnage in Gujarat and subsequently published the book, Of Lofty Claims and Muffled Voices, A Perspective of the Gujarat Carnage

2004: Started a campaign defending the rights of bar dancers and represented them through a PIL in the Bombay High Court

2007: Majlis started actively working on implementation of the Domestic Violence Act and helped women (including Muslim women) to avail of the remedies provided under it

2011: Published Family Law (two volumes), used as a popular textbook in many law universities

2012: Majlis started a programme for providing socio-legal support to victims of sexual violence and reached out to more than 600 victims

2016: A tree dedicated in the name of Agnes in the Garden of the Righteous in Italy; the legal centre of Majlis completes 25 years

Photo: Haresh Patel
Featured in Harmony — Celebrate Age Magazine
August 2016

AMAL ALLANA

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