“Which word is obscene,” the lawyer asked “Collecting,” or “ashiqs”?
“The word ‘ashiqs’” the witness replied somewhat hesitantly.
“My Lord the word ashiqs has been used by greatest poets. This word has been guven a sacred place by the devout.”
“But it’s highly improper for girls to collect ashiqs isn’t it?” the witness proclaimed.
“Why?”
“Because…because…this is improper for respectable girls.”
“But not improper for girls who are not respectable?”
“Uh…uh…no”
“My client has mentioned perhaps girls who are not respectable. And as you say, sir,
non-respectable girls may collect ashiqs.”
“Yes, it’s not obscene to mention them, but for an educated woman from a respectable family to write about these girls merits condemnation!”
The witness thundered.
“So go right ahead and condemn as much as you like but does it merit legal action?”
The case crumbled.
Even though Chughtai won the case, Lihaf remains open to criticism from the religious groups as well as the not-so religious groups. The issue of obscenity in Lihaf is the expression of same-sex love, by an educated Muslim woman coming from a respectable family background. But Chugtai’s does a wonderful job, leaving the reader with marvel.
The strength of Chugtai’s writing is her unbiased descriptive of a much taboo issue in a nations like India and Pakistan, that too not when people dare to make a ‘Fire’ or a ‘Girlfriend’ but nearly half a century ago even when love marriage or even inter caste marriage would qualify excommunication. Ismat’s story is a mere documentation of what was seen, which was a mirror image of what was perceived by the child narrator…no opinions, no fabrications, no hyperbole but just a pure outright report of what takes place. It is like an innocent reflection in the water of the moon.
Section 292., Indian Penal Code states,
2*[(1) For the purposes of sub-section (2), a book, pamphlet, paper, writing, drawing, painting representation, figure or any other object, shall be deemed to be obscene if it is lascivious or appeals to the prurient interest or if its effect, or (where it comprises two or more distinct items) the effect of any one of its items, is, if taken as a whole, such as to tend to deprave and corrupt persons who are likely, having regard to all relevant circumstances, to read, see or hear the matter contained or embodied in it.
3*[(2)] Whoever-
(a) sells, lets to hire, distributes, publicly exhibits or in any manner puts into circulation, or for purposes of sale, hire, distribution, public exhibition or circulation, makes, reduces or has in his possession any obscene book, pamphlet, paper, drawing, painting, representation or figure or any other obscene object whatsoever, or
(b) imports, exports or conveys any obscene object for any of the purposes aforesaid, or knowing or having reason to believe that such object will be sold, let to hire, distributed or publicly exhibited or in any manner put into circulation, or
(c) takes part in or receives profits from any business in the course of which he knows or has reason to believe that any such obscene objects are, for any of the purposes aforesaid, made, produced, purchased, kept, imported, exported, conveyed,
As the IPC says that content is to be regarded as obscene if it tends to deprave or corrupt persons however Ismat’s narrative as an objective reader would perceive is not in any form provocative, catering to any crass entertainment, or insulting, exploiting, objectifying the female form.
The argument again boils down to the reader’s perception of the text, and the connect of the elements of the story, the storyteller and the reader. This definitely brings out the difference between how the child perceived the events and how a reader interpreted it.
Another important thing in the story is that neither Begum Jaan nor Rabbo seem to be homosexuals. Their relationship begins because of the absence of a healthy sexual relationships with their husbands. Chughtai has also mentioned about the basic human instinct of sex and how necessary is its fulfillment to mortals especially after they have entered the thrall of sex. It is almost a fatal whirlpool.
She describes Begum Jaan’s advances towards her in the absence of Rabbo. However we can use the word ‘advances’ as we can sum up the event, unlike the little Ismat who simply describes them as physical actions and nothing else.
‘She hugged and squeezed me like a plaything. The warmth of her body drove me to distraction…she was like one possessed.’
Ismat’s writing is beautiful blend of observation, perception and an objective narration.
“It was merely a child’s description of some which she cannot fully understand.” Ismat.
The witness in Chugtai’s trial has condemned her for writing about not-so respectable girls in the society; the account of the trial we get to read is suggestive of the witness’ perception of women, status and same sex relationships.
A very important aspect of the story which is remains neglected throughout most literature available on Chughtai’s Lihaf, is the Nawab Sahib’s subtly touched sexual orientation. He didn’t seem to enjoy company of women not even his beautiful and attractive wife, but kept himself surrounded by young, fair faced men.
‘she felt she was rolling on a bed of live coals as she saw the boys in their translucent kurtas, their well-formed legs in tight fitting churidars, their willowy wiast…’
The fact that no questions about these acts of Nawab Sahib came up in the trial, nor any words such as ‘condemnation’ were used for describing the Nawab’s hobby of enjoying the company of young and handsome men, explains the societal expectations from men and women.
Homosexuality is an offence in India as well as Pakistan. Section 377 of the Indian Penal Code, says, ‘whoever voluntarily has carnal intercourse against the order of nature with any man, woman or animal, shall be punished with imprisonment for life, or with imprisonment of either description for a term (which shall not be less than two years nor more than 10 years), and shall also be liable to a fine.’ Sadly, this law that was adopted from the British constitution has already been repelled from it, but we still retain it.
And this in a way has enforced the conceptualization of even the mention of homosexuality to be obscene.
Another interesting observation in the story that leaves scope to delve more into intricacies of what Ismat really wishes to speak is, the mention of Rabbo’s son who worked with Nawab Sahib ‘and received many gifts of clothes from him’ fled and never came back even to meet his mother, ‘and no one knew why…’ Linking this to earlier mentions of Nawab Sahib’s hobbies, it leads the reader to faintly infer the reason for his fleeing. It could either be his disapproval of the Nawab’s mysterious ways to pleasure or chances of him discovering about his mother’s closeness with Begum Jaan or none of these two.
Coming back to the trial, Chughtai’s lawyer had argued the case on the point that only people who had the knowledge of homosexuality, could only understand it. This seemed a witty point of escape to win the case, but the core issue of whether her work was obscene remained untouched. The society did not witness a perspective change to homosexuality, desires of women, expression in literature, and these remained stagnant. However in today’s times we have become more liberal about the term ‘obscene’.
Lihaf to be a subtle conveyer of the social system, the sham and duplicity of the high society and the urban class. It speaks about the innocence of the child narrator, and the trial brings out how adults add judgments, prejudices and opinions.
‘ Suddenly I understood the whole affair. Begum Jaan hadn’t eaten anything that day and Rabbo had always been a greedy glutton.’
Ismat had a passion for freedom which comes through her writing and leaves no means to term her work obscene.
“Purdah had already been imposed on me, but my tongue was an unsheathed sword. No one could restrain it,” - Ismat Chughtai
