The case for equality

 Subhatra Bhumiprabhas

Aree Chaisatien

Special to The Nation

 The exploitation of women's bodies through human trafficking is one of most serious issues the world is facing, said Professor Wicha Mahakhun of the National Counter Corruption Commission in a speech on how the Thai justice system disadvantages women, delivered at a recent seminar titled "Gender Justice & Women's Human Rights". 

 "Legal cases concerning women should not to be considered on a case-by-case basis. Contributing factors such as poverty, access to information, and inequality in the justice system must be taken into consideration."

 He observed that on the legal-system front sexist attitudes are still prevalent.

"Today, female inspection officers are asked to be secretaries of male executives, and only beautiful women are recruited. Many in authority are unconsciously displaying gender-biased attitudes, discriminating against female officers by claiming that certain types of work are too tough for them and thus inadvertently keeping the glass ceiling intact."

 The seminar was jointly organised by the Foundation of Women, Law and Rural Development (FORWARD); Chiang Mai University's Women's Studies Centre; Rabibhadanasak Judicial Research Institute; the Thailand Criminal Law Institute, the Office of the Attorney General, and sponsored by Norwegian Association of Women Jurists/NORAD/FOKUS.

 In its 11th edition since 1998, the seminar aimed to expose members of the judiciary from all over the country to feminists' views on the Thai legal system.

 "We invite Thai judges and justice workers to question whether relevant laws perpetuate or eliminate gender bias, whether the state is really neutral in issuing laws, or whether so-called 'fair judgements' are based on a male-dominated thinking process," said FORWARD's president Assoc Prof Virada Somsawasdi, who is also asking for the launch of a "Gender Justice Network" along with an award to honour those fighting for women's rights.

 Virada, a law professor who founded the first Women's Studies Centre in Thailand 23 years ago, says that feminism looks at a law as a tool and action of state power.

"Suppression of women is rooted deep in society. It isn't just an add-on," she said.

 The Domestic Violence Act in 2007, despite being written with good intentions, has numerous loopholes, points out Sithisakdi Vanachakij, chairman of the Justice of Appeal Court of Law. 

 "There are not enough female investigators who really understand the sensitive issues of women and children. And in many cases, it is the perpetrators rather than the victims who gain advantage from the law."    

 The Human Trafficking Act, said Assistant Prof Suchada Taweesit of Mahidol University's Population and Social Research Institute, was written with the belief that prostitution is a way out of poverty, not on the basis that women who entered this occupation were victims. 

 "But in reality, a point to ponder is whether a woman's choice to become a prostitute is freely willed."

 To understand unprecedented events in modern Thai society, we cannot stick to old ways of thinking -- new paradigms and analytical tools are needed, said Shalardchai Ramitanond of Chiang Mai University's Women Studies Centre. 

 "For the environment, there is sustainability theory while in development there are several alternative theories. For the legal system however, a new paradigm has yet to be considered."

 Judge Suntariya Muanpawong of the Judicial Training Institute supported the point: "A new paradigm is vital because numerous limitations exist in the system. For instance, a rigid hierarchy of seniority hinders open-forum development of fresh ideas. And in many cases judges are biased not because of corruption but because they lack a 'gender-equality lens'. There is also the problem that many people still misinterpret the feminist viewpoint as promoting privileges for women."

 Suntariya added that a role-play workshop on "Social Justice Revolution with Systems Thinking" is being held from this Thursday to Saturday by the Institute of Development with the aim of equipping justice system staff with a gender lens. 

 "In some countries, law students are given time in jail cells to get first-hand experience of the justice system's workings. The role play and case studies offered by the workshop should be helpful tools in understanding gender inequality."  

BOX

Women who fought to change the law

 When Thai women have chosen to stand up and speak out against gender injustice, their voices have led to legal amendments that have improved women's rights in a male-dominated society.

 In 1805 during the reign of King Rama I, Amdaeng Pom asked a judge to allow her to divorce her husband Nai Boonsri as she had met another man. After consulting the jury, Judge Phra Maha Kasem ruled that women could divorce men. A furious Nai Boonsri appealed to the king, accusing Judge Phra Kasem of siding with Amdaeng Pom because they were having a secret affair. Though he disagreed that an adulterous woman should be able to divorce her husband, the king refused to intervene in the case, citing the law at the time that "even though a man has done nothing wrong, a woman can divorce him".

 Sixty years on, the voice of another woman, Amdaeng Muan, created a historic change in the law that suppressed women's rights at the time.

 In 1865, during the reign of King Rama IV, a 21-year-old Amdaeng Muan had fallen in love with Nai Rid, going against her parents wishes for her to be married to Nai Phu. After being beaten then finally threatened with death for refusing to enter Nai Phu's house, Amdaeng escaped to be with her lover.

 Nai Rid apologised to Amdaeng's parents but Nai Phu wasn't letting her go so easily. He took his case to the governor of Nonthaburi, accusing Nai Rid and Amdaeng's parents of stealing his wife. Amdaeng Muan denied she was ever Nai Phu's wife but was thrown in jail with the case stalled.

 Desperate, she appealed to the king. He ruled that she had the right to choose her husband for herself as she was over the age of 20. Learning that Amdaeng's parents had given permission for Nai Phu to take her in return for a bride fee, the king judged that, "children are not animals -- parents do not own them, nor can they swap them for money against their will".

 "Do not us the former law that differs from this," he directed.

 Nonetheless, he made clear that the guideline applied only to the women of lower classes, while women of higher or royal classes were to remain under their parents' power.

 In 1929, a royal consort named Patra stood up against domestic abuse among the upper classes. Patra was an actress in the troupe of King Rama V's brother, Prince Narathip-prapanpong, and became the prince's consort. She eventually fled his palace, unable to bear the domestic violence. The prince sent his men after her but Patra sought support from other members of the royal family and was given refuge by Prince Ratchaburi, then the Minister of Justice. She decided to take her accusation of domestic abuse to court.

 In response Prince Narathip-prapanpong composed a play entitled "Phyra Raka" (about a runaway hen) to present to the King with the message that Patra had had affairs with other men.

 Exasperated that a member of the royal family could be above the law, Prince Ratchaburi resigned. Twenty-eight of his Ministry of Justice staff followed him in this action.

 Hearing of the news, the king heard ordered three of his brothers to make a judgement. The result was that Prince Narathip-prapanpong was charged and jailed for looking down on the office of Prince Ratchaburi, and the script of his play was burnt. Though Prince Narathip-prapanpong was punished, it wasn't for the domestic violence that Patra was claiming.

 "It is interesting to see how women like Amdaeng Pom, Amdaeng Muan and Patra resisted tradition in their male-dominated society," says Kittisak Prokkati of Thammasat University's Faculty of Law. "Questions remain as to what triggered their courage; whether today's women have such courage; or whether that courage has been diminished by the legal system, education or the mistaken attitude of women themselves."

Subhatra Bhumiprabhas

Aree Chaisatien

Special to The Nation