Cop, wife, & son 1

People Seller from My Eyes

Bishnu Prasad Mishra

mishrabishnu@yahoo.com

Cop at Large after Selling Wife, Son

Police constable Keshav Nath of Mahendranagar Municipality-9 has sold his wife Meena (25)
along with won Himanshu (5) to Ganga Dutta Nath of Gokuleshwor-7 of Baitadi district. His
uncle Man Singh was acting as a broker. And, Bir Bahadur Nath was the witness of the case.
Now, Meena is taking sheltering in Maiti Nepal in Mahendranagar. Keshav has regined, and has
been absconding (Bhatt, 2008).

The above news was published on a daily news paper named "Himalayatimes". My eyes became
full of tears after reading this painful news and decided to write these paragraphs as my
reflection. In this paper I tried to analyze the case in different eyes. I have used different
perspective and theories to understand it differently.

Before analyzing the case, let me introduce my self. Religiously, I am Hindu by birth and I am
very impressed by Marxist philosophy so I am in the favor of Marx’s view on religion. Marxist
feminism provides me to focus on the dismantling of capitalism as a way to liberate women. It
states that private property, which gives rise to economic inequality, dependence, political
confusion and ultimately unhealthy social relations between men and women, is the root of
women's oppression in the current social context. I believe that the individual is heavily
influenced by the structure of society which is in all modern societies’ means a class structure;
that is, people's opportunities, wants and interests are seen to be shaped by the mode of
production that characterizes the society they inhabit. Marxist feminists see contemporary gender
inequality as determined ultimately by the capitalist mode of production. Gender oppression is
class oppression and women's subordination is seen as a form of class oppression which is
maintained (like racism) because it serves the interests of capital and the ruling class. Marxist
feminists have extended traditional Marxist analysis by looking at domestic labour as well as
wage work in order to support their position. In this light I will be more radical against the
discrimination to the women.
 Cop, wife, & son 2

Functionalism focuses on the structure and workings of society. Functionalists see society as
made up of inter-dependent sections which work together to fulfill the functions necessary for
the survival of society as a whole (Haralambos, 2006). People are socialized into roles and
behaviors which fulfill the needs of society. Functionalists also believe that behavior in society is
structural. They believe that rules and regulations help organize relationships between members
of society. Values provide general guidelines for behavior in terms of roles and norms. These
institutions of society such as the family, the economy, the educational and political systems, are
major aspects of the social structure. Institutions are made up of interconnected roles or inter-
related norms.

In line with the above understanding Holmwood (2005) mentioned that the functional theory is
based around a number of key concepts. First, society is viewed as a system – a collection of
interdependent parts, with a tendency toward equilibrium. Second, there are functional
requirements that must be met in a society for its survival (such as reproduction of the
population). Third, phenomena are seen to exist because they serve a function. Because of these
conceptual orientations, functionalists believe that one can compare society to a living organism,
in that both a society and an organism are made up of interdependent working parts (organs) and
systems that must function together in order for the greater body to function. Functionalist
sociologists say that the different parts of society e.g. the family, education, religion, law and
order, media etc. have to be seen in terms of the contribution that they make to the functioning of
the whole of society. This ‘organic analogy’ sees the different parts of society working together
to form a social system in the same way that the different parts of an organism form a cohesive
functioning entity.

In the same case Ganga Datta might have bought Meena for sexual slavery. According to the
Rome Statute (Article 7(2) (c)) sexual enslavement means the exercise of any or all of the power
attached to the ‘right of ownership over person. It comprises the repeated violation or sexual
abuse or forcing the victim to provide sexual services as well as the rape by the capture. The
crime has the character of continuing offence. The Rome Statute’s definition of sexual slavery
includes situations where person are forced to domestic servitude, marriage or any other force
involving sexual activity, as well as the trafficking of persons, in particular women and children
 Cop, wife, & son 3

(http://en.wikipedia.org/wiki/History_of_slavery ). Here Ganga Datta’s intention seems to

legalize the sexual slavery by pretending the marriage.

Going back to the history of slave trade, including trade of sex slaves, I found that it was
fluctuated in certain regions in the Middle East up until the twentieth century. These slaves came
largely from sub-Saharan Africa and the Caucasus and often from parts of central Asia and
Eastern Europe. The Barbary pirates captured many slaves from Western Europe and North
America between the sixteenth and nineteenth centuries. The Universal Declaration of Human
right also declared that ‘No one shall be held in slavery or servitude; slavery and the slave trade
shall be prohibited in all their forms” (Article 4). Similarly Article 5 stated that no one shall be
subjected to torture or to cruel, inhuman, or degrading treatment or punishment (UNHRCR). In
my opinion, according to Human right angle it is a blunder. At this point Keshav must be
punished. He must be treated as a delinquent. From Feminist view he made Meena as selling
materials, that can be sell in the market.

Keshav's ways of doing is a crime against humanity, The Rome Statute Explanatory
Memorandum defines the jurisdiction of the international criminal court recognizes rape, sexual
slavery, enforced prostitution, forced pregnancy, enforced sterilization or any other form of
sexual violence of comparable gravity” as crime against humanity if the action is past of
widespread or systematic practice (ibid). Interim constitution of Kingdom of Nepal has also
abolished any form of sexual slavery and sexual harassment (GON, 2007).

Meena’s case is similar to the case of Pakistan, I read it on news paper so that I could not cite it
now, where young girls have been sold by their families to brothels as sex slaves in big cities,
although it is illegal by Pakistani law. Such kinds of selling of girls happen due to poverty or
debt, whereby, the family has no other way to raise the money than to sell young girls. Few cases
have also been recorded where wives and sisters have been sold to brothels to raise money for
gambling, drinking or consuming drugs.

Keshav is a police constable and earning a little money per month, which in not sufficient to
survive to him and his family. According to functional perspective, there are certain basic needs
or functional pre-requisites, which must be met if a man, are to survive (Haralambos, 2006).
 Cop, wife, & son 4

Suffering from problems of hand to mouth he might have thought that he could manage his daily
life. So that he might have prepared a plan to sell his wife Meena. So he sold Meena. The son,
Himanshu, is in the age of dependent so he could not separate his small son from his mum.

Reflecting over the earlier case, I can understand the relationship of Keshav’s and his wife from
Functionalist view of marital breakdown (Haralmbos, 2006). Marital breakdown can be divided
into three main categories: divorce, which refers to the legal termination of marriage; separation,
which refers to the physical separation of the spouses: they no longer share the same dwelling,
and so- called ‘empty-shell’ marriage, where the spouses live together, remain legally married,
but their marriage exists in the name only. These three forms must be considered in any
assessment of the rate marital breakdown (ibid). This classification reminds me that Keshav's
marriage is legal for the society and he has dramatized.

Nickey Hart (1976) (as cited in Harambos) mentioned three factors for marital breakdown. They
are: those which affect the value attached to marriage; those which affect the degree of conflict
between the spouses; and those which affect the opportunities for individuals to escape from
marriage. These factors will first be considered from a functionalist prospective. From this
viewpoint, Keshav's behavior is largely responsive to shared norms and values. He therefore
follows a change in the rate of marital values breakdown that is to some degree a reflection of
changing norms and values in general, and, in particular, those associated with marriage and
divorce. Functionalist such as Talcott Parsons and Ronald Fletcher (1995), (cited in Haralambos,
2006) argue that the rise in marital breakdown stems largely from the fact that marriage is
increasingly valued. People expect and demand more from marriage and consequently are more
likely to end a relationship, which may have been acceptable in the past.

Nicky Hart (1976) (cited in Haralambos, 2006) also argues that the second sets of factors which
must be considered in an explanation of marital breakdown are those which affect the degree of
conflict between the spouses. From a functionalist perspective it can be argued that the
adaptation of the family to the requirements of the economic system has placed a strain on the
marital relationship. It has let to the relative isolation of the nuclear family from the wider
kinship network.
 Cop, wife, & son 5

Similarly, William J Goode argues (1963) (cited in Haralambos, 2006) that as a result, the family
‘carries a heavier emotional burden when it exists independently than when it is a small unit
within a large kin fabric. As a consequence, this unit is relatively fragile’. Edmund Leach (1967)
(cited in Haralambos, 2006) also makes a similar point. He suggests that the nuclear family
suffers from an emotional overload which increases the level of conflict between it members.

Marital breakdown is not spread evenly across the population. The changes which have
influenced the rate of marital breakdown do not affect all members of society in the same way.
They are mediated by the social structure (Haralambos, 2006). There are inverse relationship
between income and marital breakdown; the lower family income, the higher the rate of
separation and divorce. Low income places a strain on the marital relationship, particularly upon
the husband who has largely failed in his role as breadwinner. It has lower as is the stigma
attached to marital breakdown.

At the beginning, both Keshav and Meena might have placed high value on marriage. Their
marriage might be love marriage. They might be facing emotional burden them they existed from
the home to the Keshav’s working place. After the birth of son, they might be felt emotional
burden which, promoted, the conflict between the couple and he thought to eradicate the burden
by selling. That might be low income, born of new child and growing day to day expense to the
family, this cause might be pushed Meena to do illegal profession. He might have labeled her as
prostitute. He labeled her to save his face from his society. Due to the illegal behavior of Meena,
he is psychologically disturbed and humiliated among the colleagues so he managed to sell her
and earn some pocket money. This resulted conflict among them and the conflicting increased
and led to the separation of the husband and wife relationship.

If we examine Keshav's case from Psychologist theory of deviance (Haralambos, 2006) which
claims that the unbalance behavior due to some emotional disturbance in their past. In every day
language to deviance means to stray and accepted path. This deviance consists of those acts
which do not follow the norms and expectations of a particular social group. Deviance may be
positively sanctioned (rewarded), negatively sanctioned (punished), or simply accepted without
reward or punishment. The American Sociologist Marshall B. Clinard (1974) (cited in
Haralambos, 2006) has suggested that the term deviance should be reserved for ‘those situations
 Cop, wife, & son 6

in which behavior is in a disapproved direction, and of a sufficient degree to exceed the tolerance
limit of the community. Though not all sociologists would accept this definition, it does describe
the area usually covered by situations of deviance. In terms of clinerds (1974) (cited in
Haralambos, 2006) definition, crime and delinquency are the most obvious forms of the land and
attempted suicide is not illegal in Britain today. Deviance is relative. This means that there is
absolute way of defining a deviance act. This means that there no absolute way of defining a
deviance act. Deviance can only be defined in relation to a particular standard and no standards
are fixed or absolute. As such deviance varies from time to time and place to place. In a
particular society, an act which is considered deviant as deviant in one society may be seen as
perfectly normal in another. Put it another way, deviance is culturally determined and cultures
change overtime and vary from society to society (Clinard, 1974) and Keshav is on of such
deviant.

Deviant behavior is different from normal behavior. Therefore deviants are different from
normal people. Deviant behavior is a social problem since it has a disruptive affect on social life.
Since they are both different and a problem there some kind of pathology, some form of
sickness. The answer to the question ‘why deviance?’ Therefore lies in diagnosing the illness
from which the deviant is presumed to be suffering. Much of this reasoning had strong moral
overtones since it was assumed that any normal person would have no desire to stray from the
straight and narrow. The two main diagnoses of the deviate were physiological and
psychological (Haralambos, 2006). The first argued that deviants had some organic defect or
pathology which they were born with and which influenced or caused their behavior. The second
argued that deviants were psychologically unbalanced due to some emotional disturbance in their
past. This imbalance influenced or caused this deviant behavior.

Deviance is also relative. This means that there is absolute way of defining a deviance act. This
means that there no absolute way of defining a deviance act. Deviance can only be defined in
relation to a particular standard and no standards are fixed or absolute. As such deviance varies
from time to time and place to place. Deviant behavior is a social problem since it has a
disruptive affect on social life. Selling, tracking and slavery are illegal and inhuman.
 Cop, wife, & son 7

Form the above case I learned that behavior in society is structure and the people work together
to fulfill the functions necessary for the survival of society as a whole. The society socializes the
people and values and role provide general guidelines for behavior in terms roles and norms.
Society is viewed as a system, there are functional requirements that must be met in a society for
its survival, and phenomena are seen to exist because they serve a function are the key concept of
functionalism.

Now, Meena is taking sheltering in Maiti Nepal in Mahendranagar (Bhatta, 2008). Here Meena
seemed aware against the violation. She has come to police and the police personnel took her to
Maiti Nepal. In the very beginning she might have in the silence state because she might have
hoped for better life in the Mahendranagar city. When I have known she has been sold then she
has been to the police station. Vunisea (2008) argued that the most vulnerable people in
communities are usually the most silent. Since Meena is female and she is from the Dalit
community, so she is the victim of the culture of silence. The “culture of silence”, where people
usually do not speak unless spoken to or asked a question, where people respect the views of
elders and do not contradict what has been agreed to , is rife in many Pacific Island cultures. This
culture of silence means the views of certain community members are not heard, and this usually
includes the views of women and young people. Even when women and young people
participate in discussions, culture dictates what they say and limits their comments to what is
appropriate and not offensive to leaders and elders. This culture of not speaking out, not asking
questions, not questioning decisions made by community elders and leaders, sometimes
culminates in conflicts between resource users and resource owners during later phases of a
fisheries development project (Vunisea, 2008).

Yet in Nepal female are not campaigned and focused as much on fighting social and cultural
inequalities as further political inequalities. In the world history of feminist movements, it was
begun from 19th century at that time the movement dealt mainly with the Suffrage movement.
The cultural and political inequalities in the society and it is as inextricably linked and
encouraged women to understand aspects of their lives as deeply politicized and as reflecting
sexist power structures (Freedman, 2002). The feminist movement has effected change in
Western society, including women’s suffrage; the right to initiate divorce proceedings and no
fault divorce; and the right of women to make individual decisions regarding pregnancy
 Cop, wife, & son 8

(including access to contraceptives and abortion); and the right to own property (ibid). If Meena
has empowered by the feminist movement, she could have fight against the discrimination.

What I Learnt From the Discussion?

From this writing up, I knew a lot. In digging up the functionalism I knew that society is working
as a whole and it work together to fulfill the functions necessary for the survival of the society.
The peoples in the society behave in accordance of the rules and norms of the society and the
societal values guides the behavior. Different parts of the society contribute functioning of the
society as whole.

In the Nepalese society the heads of the family is the Ghrihaswami and his wife is the
Ghrihaswamini and she is the glory of the house. The husband wife relationship is can not be
separated and the husband wife relationship starts after the marriage. As Manusmriti expressed
mutual fidelity continue until death. Although, sexual slavery is abolished from the laws of the
different countries, it is in practice, it is still in practice in various forms such as domestic
servitude, marriage or any other force involving sexual activities which are against the
humanism. Young girls have been sold by their families due to poverty or debt. There are certain
basic pre-requisities to survive; men can follow illegal ways of earning. This leads to deviate by
which one crosses the norms and values of the society.

There are three categories of marital breakdown, they are divorce, separation and empty-shell
which refer to the legal termination of marriage; the physical separation of the spouses, and the
spouses live together, remain legally married, but their marriage exists in the name only
respectively. There are three factors for marital breakdown i.e. value attached to marriage,
degree of conflict between the husband and wife, and the opportunities for individuals to escape
from marriage. Nuclear family suffers from an emotional overload which increases the level of
conflict between the members (Leach, 1967). Economic burden contribute for marital breakdown
(Hart, 1976). Marital breakdown is not spread evenly across the population. The changes which
have influenced the rate of marital breakdown do not affect all members of society in the same
way. There are inverse relationship between income and marital breakdown.
 Cop, wife, & son 9

Psychologist theory of deviance (Haralambos, 2006) which claims that the unbalance behavior
due to some emotional disturbance in their past. In every day language to deviance means to
stray and accepted path. Deviance should be reserved for ‘those situations in which behavior is in
a disapproved direction, and of a sufficient degree to exceed the tolerance limit of the
community. In a particular society, an act which is considered deviant as deviant in one society
may be seen as perfectly normal in another. Put it another way, deviance is culturally determined
and cultures change overtime and vary from society to society (Clinard, 1974).

Deviant behavior is different from normal behavior. Therefore deviants are different from
normal people. Deviant behavior is a social problem since it has a disruptive affect on social life.
The two main diagnoses of the deviate were physiological and psychological (Haralambos,
2006). The first argued that deviants had some organic defect or pathology which they were born
with and which influenced or caused their behavior. The second argued that deviants were
psychologically unbalanced due to some emotional disturbance in their past. This imbalance
influenced or caused this deviant behavior.

Deviance is also relative. It varies from time to time and place to place. Deviant behavior is a
social problem since it has a disruptive affect on social life. The most vulnerable people in
communities are usually the most silent. The culture of silence, where people usually do not
speak unless spoken to or asked a question, where people respect the views of elders and do not
contradict what has been agreed to , is rife in many Pacific Island cultures. This culture of silence
means the views of certain community members are not heard, and this usually includes the
views of women and young people. Even when women and young people participate in
discussions, culture dictates what they say and limits their comments to what is appropriate and
not offensive to leaders and elders. This culture of not speaking out, not asking questions, not
questioning decisions made by community elders and leaders, sometimes culminates in conflicts
between resource users and resource owners during later phases of a fisheries development
project (Vunisea, 2008).

Yet in Nepal female are not campaigned and focused as much on fighting social and cultural
inequalities as further political inequalities. The cultural and political inequalities in the society
and it is as inextricably linked and encouraged women to understand aspects of their lives as
 Cop, wife, & son 10

deeply politicized and as reflecting sexist power structures. The feminist movement empowers
the women to have a fight against the discrimination. From the above discussion I have become
radical and in the favor of justice to the female and conscious about the subjectivity under the all
kinds of discrimination against women. I will advocate feminism. Feminism is the means to fight
against all kinds of discrimination against women.

My Frame of Understanding

To understand this case I have base different theory and tried to analyze utilizing these theories.
In analyzing this case I not only use different philosophies but also use my experience. I have
analyzed from the feminine points of view along with human and women rights and in
connection with slavery. Similarly I have not leaving the religious point of view. I have tried to
related the case to religious philosophy of Hinduism, theory of deviance of Marshall (1974),
theory of marital breakdown by Hart (1976), Goode (1963), and theory of psychological
deviance of Clinard (1974).

Education Implication to Change the Current School System

(a) Revision of school level curriculum

I reviewed the curriculum of school level, it is found that there is lacking of such content which
is related to female and that can empower female against different kind of violation. Thus, there
is necessary to incorporate the subject matter such as Human Rights, sex education, moral
education, Gender, Trafficking, empowering theories, and sociological theories in high school
level. This makes the students aware about their right and duties and strengthens them to
advocate different kinds of exploitation and violations such as slavery, discrimination, bulling
and trafficking. When every people are able to understand the role, responsibility, and
relationship between the members of institutions and they will be able to distinguish between
justice and injustice. Education within framework aims at addressing school insecurity and
violence, sexual division of labor, health, teaching methods and school governance.

(b) Revision of teacher training curriculum

 Cop, wife, & son 11

I was working as an instructor in Educational Training Centre, Bhojpur. I have been for five
years in teacher training centre. During this period I have reviewing the curriculum of different
levels and I found that there is lacking of sociological theories, critical theories, empowerment
theories, gender education and moral education as well. With out incorporating such content in
teacher training, the teacher could not able to transfer the knowledge to the students. After
incorporating the above mentioned subject matter in school level curriculum the teacher should
be prepared such a way they can handle the new curriculum and they should be able to use
appropriate pedagogical strategy/methods. The curriculum of teacher training should be related
the sociological theories, Marxism, project work and research oriented.

(c) Changing pedagogical values and style

As a teacher trainer, I have visited several schools and I have observed the teaching learning
process of the schools that I visited. I found that lecture method on of the most used method for
instruction. And the interaction process in the class room is teacher dominated and one way
communication. From the observed realities I came in conclusion that the teaching and learning
values and style should be changed. From the case that present in this paper I understood that our
society is not aware about the human rights, violation against women, and the legal provision
provided by the constitution of Nepal. The teaching method should be linked with ground
realities of the society. It should prepare the student able to understand the relationship between
the members of the society and institutions and aware about the role and responsibility and able
to distinguish between justice and injustice. For all this the teaching approaches should be related
to field based i. e. project work. The student should be assigned to find out the conflicts,
violations, discriminations and so on, which are hidden in the societies. And they should
strengthen to fight against all kinds of injustice. To do all these the teacher should be critical, he
must be studied the sociological theories.

(d) Making school child friendly

Making school child friendly, it helps to develop child’s personality positively. They learn to
respect each others. They can express their problem with out hesitation. In child friendly school
the child learns the democratic culture and understands the importance of society and
 Cop, wife, & son 12

collaborative decision. There is complaining the school environments are unsafe and insecure for
girls. Their predicament is evident in the classrooms, where male discourse dominates, sexual
harassment of girls is prevalent, irrelevant and outdated curricula portray girls and women in
subservient roles, and policies unfairly discriminate against them (Mannathoko, 2008).
Recruiting female teacher, constructing separate toilets for girls, and preparing code of conduct
will be helpful to make the school girl friendly and secure for girls as well as child friendly.
Students face many difficulties. These difficulties can be of varied nature that ranges from
personal to social and technological. Many of these difficulties can be solved through individual
and group guidance and counseling (Koirala, 2008). This counseling contributes for making
school child friendly.

Reference:

Bhatt, R. (September 6, 2008). Cop at large after selling wife, son, The Himalaya Times, p. 9.

Haralambos, M & Heald, R. (1980); Sociology Themes and Perspectives, Indian Edition, (29th
impression), New Delhi, Oxford University Press,

House Wife (n. d.). Retrieved November 5, 2008, from http://en.wikipedia.org/wiki/House_wife

Koirala, B. (2008). Educational Justice for Diversified Nepali Children, In Journal of Education
and Research. Kathmandu University, School of Education

Tembon, M & Fort, L. (2008) (Ed.); Girls’ Education in the 221st Century: Gender Equality,
Empowerment, and Economic Growth, Washington: The World Bank.

GoN (2007). Interim constitution of Nepal. Kathmandu: Author

Freedman, J (2002). Feminism. (First South Asian Edition 2002). New Delhi: Viva Books
Private Limited.

Universal Declaration of Human Rights (n. d.). Retrieved November 14, 2008 from
http://en.wikipedia.org/wiki/Universal_Declaration_of_Human_Rights
 Cop, wife, & son 13

Vunisea, A. (2008), SPC Women in Fisheries Information Bulletin, volume 18, March 2008,
retrieved January 11, 2009, from
http://www.spc.int/coastfish/news/Wif18/wif18_42_Vunisea.pdf.