Insurance Law – An Indian Perspective

INTRODUCTION”Insurance should be bought to protect you against a calamity that would otherwise be financially devastating.”In simple terms, insurance allows someone who suffers a loss or accident to be compensated for the effects of their misfortune. It lets you protect yourself against everyday risks to your health, home and financial situation.Insurance in India started without any regulation in the Nineteenth Century. It was a typical story of a colonial epoch: few British insurance companies dominating the market serving mostly large urban centers. After the independence, it took a theatrical turn. Insurance was nationalized. First, the life insurance companies were nationalized in 1956, and then the general insurance business was nationalized in 1972. It was only in 1999 that the private insurance companies have been allowed back into the business of insurance with a maximum of 26% of foreign holding.”The insurance industry is enormous and can be quite intimidating. Insurance is being sold for almost anything and everything you can imagine. Determining what’s right for you can be a very daunting task.”Concepts of insurance have been extended beyond the coverage of tangible asset. Now the risk of losses due to sudden changes in currency exchange rates, political disturbance, negligence and liability for the damages can also be covered.But if a person thoughtfully invests in insurance for his property prior to any unexpected contingency then he will be suitably compensated for his loss as soon as the extent of damage is ascertained.The entry of the State Bank of India with its proposal of bank assurance brings a new dynamics in the game. The collective experience of the other countries in Asia has already deregulated their markets and has allowed foreign companies to participate. If the experience of the other countries is any guide, the dominance of the Life Insurance Corporation and the General Insurance Corporation is not going to disappear any time soon.
The aim of all insurance is to compensate the owner against loss arising from a variety of risks, which he anticipates, to his life, property and business. Insurance is mainly of two types: life insurance and general insurance. General insurance means Fire, Marine and Miscellaneous insurance which includes insurance against burglary or theft, fidelity guarantee, insurance for employer’s liability, and insurance of motor vehicles, livestock and crops.LIFE INSURANCE IN INDIA”Life insurance is the heartfelt love letter ever written.It calms down the crying of a hungry baby at night. It relieves the heart of a bereaved widow.It is the comforting whisper in the dark silent hours of the night.”Life insurance made its debut in India well over 100 years ago. Its salient features are not as widely understood in our country as they ought to be. There is no statutory definition of life insurance, but it has been defined as a contract of insurance whereby the insured agrees to pay certain sums called premiums, at specified time, and in consideration thereof the insurer agreed to pay certain sums of money on certain condition sand in specified way upon happening of a particular event contingent upon the duration of human life.Life insurance is superior to other forms of savings!”There is no death. Life Insurance exalts life and defeats death.It is the premium we pay for the freedom of living after death.”Savings through life insurance guarantee full protection against risk of death of the saver. In life insurance, on death, the full sum assured is payable (with bonuses wherever applicable) whereas in other savings schemes, only the amount saved (with interest) is payable.The essential features of life insurance are a) it is a contract relating to human life, which b) provides for payment of lump-sum amount, and c) the amount is paid after the expiry of certain period or on the death of the assured. The very purpose and object of the assured in taking policies from life insurance companies is to safeguard the interest of his dependents viz., wife and children as the case may be, in the even of premature death of the assured as a result of the happening in any contingency. A life insurance policy is also generally accepted as security for even a commercial loan.NON-LIFE INSURANCE”Every asset has a value and the business of general insurance is related to the protection of economic value of assets.”Non-life insurance means insurance other than life insurance such as fire, marine, accident, medical, motor vehicle and household insurance. Assets would have been created through the efforts of owner, which can be in the form of building, vehicles, machinery and other tangible properties. Since tangible property has a physical shape and consistency, it is subject to many risks ranging from fire, allied perils to theft and robbery.
Few of the General Insurance policies are:Property Insurance: The home is most valued possession. The policy is designed to cover the various risks under a single policy. It provides protection for property and interest of the insured and family.Health Insurance: It provides cover, which takes care of medical expenses following hospitalization from sudden illness or accident.
Personal Accident Insurance: This insurance policy provides compensation for loss of life or injury (partial or permanent) caused by an accident. This includes reimbursement of cost of treatment and the use of hospital facilities for the treatment.Travel Insurance: The policy covers the insured against various eventualities while traveling abroad. It covers the insured against personal accident, medical expenses and repatriation, loss of checked baggage, passport etc.Liability Insurance: This policy indemnifies the Directors or Officers or other professionals against loss arising from claims made against them by reason of any wrongful Act in their Official capacity.Motor Insurance: Motor Vehicles Act states that every motor vehicle plying on the road has to be insured, with at least Liability only policy. There are two types of policy one covering the act of liability, while other covers insurers all liability and damage caused to one’s vehicles.JOURNEY FROM AN INFANT TO ADOLESCENCE!Historical PerspectiveThe history of life insurance in India dates back to 1818 when it was conceived as a means to provide for English Widows. Interestingly in those days a higher premium was charged for Indian lives than the non-Indian lives as Indian lives were considered more risky for coverage.

The Bombay Mutual Life Insurance Society started its business in 1870. It was the first company to charge same premium for both Indian and non-Indian lives. The Oriental Assurance Company was established in 1880. The General insurance business in India, on the other hand, can trace its roots to the Triton (Tital) Insurance Company Limited, the first general insurance company established in the year 1850 in Calcutta by the British. Till the end of nineteenth century insurance business was almost entirely in the hands of overseas companies.Insurance regulation formally began in India with the passing of the Life Insurance Companies Act of 1912 and the Provident Fund Act of 1912. Several frauds during 20′s and 30′s desecrated insurance business in India. By 1938 there were 176 insurance companies. The first comprehensive legislation was introduced with the Insurance Act of 1938 that provided strict State Control over insurance business. The insurance business grew at a faster pace after independence. Indian companies strengthened their hold on this business but despite the growth that was witnessed, insurance remained an urban phenomenon.The Government of India in 1956, brought together over 240 private life insurers and provident societies under one nationalized monopoly corporation and Life Insurance Corporation (LIC) was born. Nationalization was justified on the grounds that it would create much needed funds for rapid industrialization. This was in conformity with the Government’s chosen path of State lead planning and development.The (non-life) insurance business continued to prosper with the private sector till 1972. Their operations were restricted to organized trade and industry in large cities. The general insurance industry was nationalized in 1972. With this, nearly 107 insurers were amalgamated and grouped into four companies – National Insurance Company, New India Assurance Company, Oriental Insurance Company and United India Insurance Company. These were subsidiaries of the General Insurance Company (GIC).The life insurance industry was nationalized under the Life Insurance Corporation (LIC) Act of India. In some ways, the LIC has become very flourishing. Regardless of being a monopoly, it has some 60-70 million policyholders. Given that the Indian middle-class is around 250-300 million, the LIC has managed to capture some 30 odd percent of it. Around 48% of the customers of the LIC are from rural and semi-urban areas. This probably would not have happened had the charter of the LIC not specifically set out the goal of serving the rural areas. A high saving rate in India is one of the exogenous factors that have helped the LIC to grow rapidly in recent years. Despite the saving rate being high in India (compared with other countries with a similar level of development), Indians display high degree of risk aversion. Thus, nearly half of the investments are in physical assets (like property and gold). Around twenty three percent are in (low yielding but safe) bank deposits. In addition, some 1.3 percent of the GDP are in life insurance related savings vehicles. This figure has doubled between 1985 and 1995.A World viewpoint – Life Insurance in IndiaIn many countries, insurance has been a form of savings. In many developed countries, a significant fraction of domestic saving is in the form of donation insurance plans. This is not surprising. The prominence of some developing countries is more surprising. For example, South Africa features at the number two spot. India is nestled between Chile and Italy. This is even more surprising given the levels of economic development in Chile and Italy. Thus, we can conclude that there is an insurance culture in India despite a low per capita income. This promises well for future growth. Specifically, when the income level improves, insurance (especially life) is likely to grow rapidly.INSURANCE SECTOR REFORM:Committee Reports: One Known, One Anonymous!Although Indian markets were privatized and opened up to foreign companies in a number of sectors in 1991, insurance remained out of bounds on both counts. The government wanted to proceed with caution. With pressure from the opposition, the government (at the time, dominated by the Congress Party) decided to set up a committee headed by Mr. R. N. Malhotra (the then Governor of the Reserve Bank of India).Malhotra CommitteeLiberalization of the Indian insurance market was suggested in a report released in 1994 by the Malhotra Committee, indicating that the market should be opened to private-sector competition, and eventually, foreign private-sector competition. It also investigated the level of satisfaction of the customers of the LIC. Inquisitively, the level of customer satisfaction seemed to be high.In 1993, Malhotra Committee – headed by former Finance Secretary and RBI Governor Mr. R. N. Malhotra – was formed to evaluate the Indian insurance industry and recommend its future course. The Malhotra committee was set up with the aim of complementing the reforms initiated in the financial sector. The reforms were aimed at creating a more efficient and competitive financial system suitable for the needs of the economy keeping in mind the structural changes presently happening and recognizing that insurance is an important part of the overall financial system where it was necessary to address the need for similar reforms. In 1994, the committee submitted the report and some of the key recommendations included:o StructureGovernment bet in the insurance Companies to be brought down to 50%. Government should take over the holdings of GIC and its subsidiaries so that these subsidiaries can act as independent corporations. All the insurance companies should be given greater freedom to operate.
CompetitionPrivate Companies with a minimum paid up capital of Rs.1 billion should be allowed to enter the sector. No Company should deal in both Life and General Insurance through a single entity. Foreign companies may be allowed to enter the industry in collaboration with the domestic companies. Postal Life Insurance should be allowed to operate in the rural market. Only one State Level Life Insurance Company should be allowed to operate in each state.o Regulatory BodyThe Insurance Act should be changed. An Insurance Regulatory body should be set up. Controller of Insurance – a part of the Finance Ministry- should be made Independent.o InvestmentsCompulsory Investments of LIC Life Fund in government securities to be reduced from 75% to 50%. GIC and its subsidiaries are not to hold more than 5% in any company (there current holdings to be brought down to this level over a period of time).o Customer ServiceLIC should pay interest on delays in payments beyond 30 days. Insurance companies must be encouraged to set up unit linked pension plans. Computerization of operations and updating of technology to be carried out in the insurance industry. The committee accentuated that in order to improve the customer services and increase the coverage of insurance policies, industry should be opened up to competition. But at the same time, the committee felt the need to exercise caution as any failure on the part of new competitors could ruin the public confidence in the industry. Hence, it was decided to allow competition in a limited way by stipulating the minimum capital requirement of Rs.100 crores.The committee felt the need to provide greater autonomy to insurance companies in order to improve their performance and enable them to act as independent companies with economic motives. For this purpose, it had proposed setting up an independent regulatory body – The Insurance Regulatory and Development Authority.Reforms in the Insurance sector were initiated with the passage of the IRDA Bill in Parliament in December 1999. The IRDA since its incorporation as a statutory body in April 2000 has meticulously stuck to its schedule of framing regulations and registering the private sector insurance companies.Since being set up as an independent statutory body the IRDA has put in a framework of globally compatible regulations. The other decision taken at the same time to provide the supporting systems to the insurance sector and in particular the life insurance companies was the launch of the IRDA online service for issue and renewal of licenses to agents. The approval of institutions for imparting training to agents has also ensured that the insurance companies would have a trained workforce of insurance agents in place to sell their products.The Government of India liberalized the insurance sector in March 2000 with the passage of the Insurance Regulatory and Development Authority (IRDA) Bill, lifting all entry restrictions for private players and allowing foreign players to enter the market with some limits on direct foreign ownership. Under the current guidelines, there is a 26 percent equity lid for foreign partners in an insurance company. There is a proposal to increase this limit to 49 percent.The opening up of the sector is likely to lead to greater spread and deepening of insurance in India and this may also include restructuring and revitalizing of the public sector companies. In the private sector 12 life insurance and 8 general insurance companies have been registered. A host of private Insurance companies operating in both life and non-life segments have started selling their insurance policies since 2001Mukherjee CommitteeImmediately after the publication of the Malhotra Committee Report, a new committee, Mukherjee Committee was set up to make concrete plans for the requirements of the newly formed insurance companies. Recommendations of the Mukherjee Committee were never disclosed to the public. But, from the information that filtered out it became clear that the committee recommended the inclusion of certain ratios in insurance company balance sheets to ensure transparency in accounting. But the Finance Minister objected to it and it was argued by him, probably on the advice of some of the potential competitors, that it could affect the prospects of a developing insurance company.LAW COMMISSION OF INDIA ON REVISION OF THE INSURANCE ACT 1938 – 190th Law Commission ReportThe Law Commission on 16th June 2003 released a Consultation Paper on the Revision of the Insurance Act, 1938. The previous exercise to amend the Insurance Act, 1938 was undertaken in 1999 at the time of enactment of the Insurance Regulatory Development Authority Act, 1999 (IRDA Act).The Commission undertook the present exercise in the context of the changed policy that has permitted private insurance companies both in the life and non-life sectors. A need has been felt to toughen the regulatory mechanism even while streamlining the existing legislation with a view to removing portions that have become superfluous as a consequence of the recent changes.Among the major areas of changes, the Consultation paper suggested the following:a. merging of the provisions of the IRDA Act with the Insurance Act to avoid multiplicity of legislations;b. deletion of redundant and transitory provisions in the Insurance Act, 1938;c. Amendments reflect the changed policy of permitting private insurance companies and strengthening the regulatory mechanism;d. Providing for stringent norms regarding maintenance of ‘solvency margin’ and investments by both public sector and private sector insurance companies;e. Providing for a full-fledged grievance redressal mechanism that includes:o The constitution of Grievance Redressal Authorities (GRAs) comprising one judicial and two technical members to deal with complaints/claims of policyholders against insurers (the GRAs are expected to replace the present system of insurer appointed Ombudsman);o Appointment of adjudicating officers by the IRDA to determine and levy penalties on defaulting insurers, insurance intermediaries and insurance agents;o Providing for an appeal against the decisions of the IRDA, GRAs and adjudicating officers to an Insurance Appellate Tribunal (IAT) comprising a judge (sitting or retired) of the Supreme Court/Chief Justice of a High Court as presiding officer and two other members having sufficient experience in insurance matters;o Providing for a statutory appeal to the Supreme Court against the decisions of the IAT.LIFE & NON-LIFE INSURANCE – Development and Growth!The year 2006 turned out to be a momentous year for the insurance sector as regulator the Insurance Regulatory Development Authority Act, laid the foundation for free pricing general insurance from 2007, while many companies announced plans to attack into the sector.Both domestic and foreign players robustly pursued their long-pending demand for increasing the FDI limit from 26 per cent to 49 per cent and toward the fag end of the year, the Government sent the Comprehensive Insurance Bill to Group of Ministers for consideration amid strong reservation from Left parties. The Bill is likely to be taken up in the Budget session of Parliament.The infiltration rates of health and other non-life insurances in India are well below the international level. These facts indicate immense growth potential of the insurance sector. The hike in FDI limit to 49 per cent was proposed by the Government last year. This has not been operationalized as legislative changes are required for such hike. Since opening up of the insurance sector in 1999, foreign investments of Rs. 8.7 billion have tipped into the Indian market and 21 private companies have been granted licenses.

The involvement of the private insurers in various industry segments has increased on account of both their capturing a part of the business which was earlier underwritten by the public sector insurers and also creating additional business boulevards. To this effect, the public sector insurers have been unable to draw upon their inherent strengths to capture additional premium. Of the growth in premium in 2004-05, 66.27 per cent has been captured by the private insurers despite having 20 per cent market share.The life insurance industry recorded a premium income of Rs.82854.80 crore during the financial year 2004-05 as against Rs.66653.75 crore in the previous financial year, recording a growth of 24.31 per cent. The contribution of first year premium, single premium and renewal premium to the total premium was Rs.15881.33 crore (19.16 per cent); Rs.10336.30 crore (12.47 per cent); and Rs.56637.16 crore (68.36 per cent), respectively. In the year 2000-01, when the industry was opened up to the private players, the life insurance premium was Rs.34,898.48 crore which constituted of Rs. 6996.95 crore of first year premium, Rs. 25191.07 crore of renewal premium and Rs. 2740.45 crore of single premium. Post opening up, single premium had declined from Rs.9, 194.07 crore in the year 2001-02 to Rs.5674.14 crore in 2002-03 with the withdrawal of the guaranteed return policies. Though it went up marginally in 2003-04 to Rs.5936.50 crore (4.62 per cent growth) 2004-05, however, witnessed a significant shift with the single premium income rising to Rs. 10336.30 crore showing 74.11 per cent growth over 2003-04.The size of life insurance market increased on the strength of growth in the economy and concomitant increase in per capita income. This resulted in a favourable growth in total premium both for LIC (18.25 per cent) and to the new insurers (147.65 per cent) in 2004-05. The higher growth for the new insurers is to be viewed in the context of a low base in 2003- 04. However, the new insurers have improved their market share from 4.68 in 2003-04 to 9.33 in 2004-05.The segment wise break up of fire, marine and miscellaneous segments in case of the public sector insurers was Rs.2411.38 crore, Rs.982.99 crore and Rs.10578.59 crore, i.e., a growth of (-)1.43 per cent, 1.81 per cent and 6.58 per cent. The public sector insurers reported growth in Motor and Health segments (9 and 24 per cent). These segments accounted for 45 and 10 per cent of the business underwritten by the public sector insurers. Fire and “Others” accounted for 17.26 and 11 per cent of the premium underwritten. Aviation, Liability, “Others” and Fire recorded negative growth of 29, 21, 3.58 and 1.43 per cent. In no other country that opened at the same time as India have foreign companies been able to grab a 22 per cent market share in the life segment and about 20 per cent in the general insurance segment. The share of foreign insurers in other competing Asian markets is not more than 5 to 10 per cent.The life insurance sector grew new premium at a rate not seen before while the general insurance sector grew at a faster rate. Two new players entered into life insurance – Shriram Life and Bharti Axa Life – taking the total number of life players to 16. There was one new entrant to the non-life sector in the form of a standalone health insurance company – Star Health and Allied Insurance, taking the non-life players to 14.A large number of companies, mostly nationalized banks (about 14) such as Bank of India and Punjab National Bank, have announced plans to enter the insurance sector and some of them have also formed joint ventures.The proposed change in FDI cap is part of the comprehensive amendments to insurance laws – The Insurance Act of 1999, LIC Act, 1956 and IRDA Act, 1999. After the proposed amendments in the insurance laws LIC would be able to maintain reserves while insurance companies would be able to raise resources other than equity.About 14 banks are in queue to enter insurance sector and the year 2006 saw several joint venture announcements while others scout partners. Bank of India has teamed up with Union Bank and Japanese insurance major Dai-ichi Mutual Life while PNB tied up with Vijaya Bank and Principal for foraying into life insurance. Allahabad Bank, Karnataka Bank, Indian Overseas Bank, Dabur Investment Corporation and Sompo Japan Insurance Inc have tied up for forming a non-life insurance company while Bank of Maharashtra has tied up with Shriram Group and South Africa’s Sanlam group for non-life insurance venture.CONCLUSIONIt seems cynical that the LIC and the GIC will wither and die within the next decade or two. The IRDA has taken “at a snail’s pace” approach. It has been very cautious in granting licenses. It has set up fairly strict standards for all aspects of the insurance business (with the probable exception of the disclosure requirements). The regulators always walk a fine line. Too many regulations kill the motivation of the newcomers; too relaxed regulations may induce failure and fraud that led to nationalization in the first place. India is not unique among the developing countries where the insurance business has been opened up to foreign competitors.The insurance business is at a critical stage in India. Over the next couple of decades we are likely to witness high growth in the insurance sector for two reasons namely; financial deregulation always speeds up the development of the insurance sector and growth in per capita GDP also helps the insurance business to grow.

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A Brief History of Female Sexuality – Part 1

Sexuality is a “condition” that is characterized and distinguished by sex and passion. It is, again, according to American Heritage Dictionary, “the quality of possessing a sexual character or potency.”I really like that one. Potency. That means power.Where “sex” is an act that has a beginning and end, “sexuality” is a quality, a sexual character and power. It has no beginning and end, no more than your personality does or your sense of aesthetics does. Sexuality is essential to your nature. It is you. It is your vitality. It is a wonderful thing.Of course, the two – sex and sexuality – are related, and very often delightfully intertwined. However, I would argue that while it is possible to be sexual without having sex it is pretty close to impossible to truly enjoy sex without being in touch with your own sexuality. Which, in and of itself, is a pretty good reason to want to embrace your sexuality.Too many women in the 21st century are divorced from their sexuality even as they participate in sexual acts. They may be having sexual intercourse with their partner or partners multiple times and reaching multiple orgasms but what they are engaged in is about as meaningful and deeply satisfying as riding an exercise bike. As a result, they come away from sex acts with a sense of “what’s the big deal?” or that felt good for the moment. Or, worse, they feel degraded and/or diminished; reduced to an object. For many of them, a good session at the gym would be more fulfilling – and might even provide a more satisfying release.My dear, let me be very clear – that is not the way it is supposed to be.Sex without sexuality is too often demeaning, it reduces the sexual act to little more than a heaving, grunting, often-sloppy and sweaty physical endeavor. It is not called the “beast with two backs” for nothing. If all you’re focused on is the “beast” part, the physical act, you cannot possibly be truly engaged in your own sexuality. Your sexuality is not engaged. And, when your sexuality is not engaged, you are removed from the power of the act.However, with your genuine sexuality engaged, there is nothing you cannot do alone or with a partner that is not uplifting, satisfying and consistent with the person your are – whether that’s a twenty year old college student or a fifty-two year old church volunteer. With your sexuality engaged, that heaving, humping beast with two backs is an explosion of wonderful passion.In short, it is and can be exotic and mind blowing. And when sex is emotionally deep and erotic, you and your partner are truly bonded together – rather than being the sexual equivalent of opposing and competing wrestlers, with you invariably being the one pinned down for the count, you are in control. You can be more or less dominant and be thrilled by either because no matter how you behave in a sexual encounter, it is true to who you are; it is true to your sense of your sexuality.Unfortunately, history has rarely embraced this uplifting view of female sexuality. It has long viewed male and female sexuality as opposing forces, in opposition and in competition to one another. Not as it should be.In ancient China, men who engaged in masturbation risked a complete loss of vital yang essence. As such, it was strictly forbidden. Women did not risk the same loss of their vital essence. The rules about female masturbation were much more specific and focused on a particular concern; women were free to masturbate as much as they liked, as they possessed an unlimited yin, however, they were warned against masturbating with foreign objects which could injure the womb and internal sexual organs.Because women were understood to have an inexhaustible yin essence, they could keep on having orgasms long after their male partners had been reduced to shrunken, limp lumps of flesh snoring alongside them, while female sexuality was expressed in multiple ways. In addition to masturbation, lesbian relations were encouraged. Male homosexuality was forbidden, however as such behavior was thought to result in a complete loss of yang essence. In this Chinese understanding, sexual relationships between men could only result in the net loss of the yang without any possibility of regaining it, which was possible with heterosexual relationships.Although a bit at odds with our modern sensibility, at least sexuality in ancient China was deeply rooted to a sense of essential essences. Sex was never just a physical act. Sexuality had everything to do with something basic in the nature of what it meant to be a man or a woman. Therefore, any sexual act was understood in the context of their fundamental essences – yin and yang.For this reason, prostitution was very much accepted in ancient China. Men seemed to think that engaging with prostitutes gave them the opportunity to gain additional yin from them, more than from “normal” women. Men could “gain” some of that essence from women. In particular, the belief was that a woman who had sex with many men began to acquire some of the yang essence from her customers, yang essence that could then be “shared.” Consequently, it was possible for a man to gain more yang from a sexual encounter with a prostitute than he lost and more than he could gain from relations with his wife who, presumably, only had sexual relations with him.This somewhat balanced the understanding of what essential male and female sexuality meant and began to change during the Ch’in Dynasty (221 b.c.e to 24 c.e.) when the role and place of women shifted from one of sexual energy to one of more familiar modern gender roles.When the Ch’in Dynasty shifted from the Taoist culture that had predominated China to a Confusianist culture, women’s roles and the understanding of sexuality and sexual behavior then shifted dramatically. No longer was sexuality and behavior determined by essential nature, by the yin and the yang. Instead, there was a more “traditional” – patriarchal cultural dynamic. The dynamic many of us are currently familiar with. Women were not just possessing of a different essence than men but they were considered inferior to men. Physical relations between men and women were found mostly in marriage and were only to take place in the bedroom. At the conclusion of such “contact,” all physical contact was to end – there was to be no contact even between husband and wife.In a way that is only too familiar to those of us in Western Civilization, sex itself came to be considered sinful and tolerated solely for the process of procreation.Even at the conclusion of the Ch’in Dynasty, when the Han Dynasty embraced a return to a Taoist worldview, new perspectives on sexuality and sex had taken hold. Taoism had become a more structured and organized religion, with its own churches and priests. So too, sexuality and sexual behavior had become more rigidly structured. Sexual behavior was formalized, even finding expression in written texts. Two of the most famous of these texts were The Handbook of the Plain Girl and The Art of the Bedchamber.In both, a “Yellow Emperor” sought to live a long, healthy life and to attain some degree or form of immortality through sex. In order to accomplish his lofty goal he needed to become an expert at techniques that would prolong his orgasm and allow his sexual partner to orgasm several times. By doing so, he would maximize the amount of her yin essence that he would gain from their encounter while minimizing his own loss of yang essence.While concerns about yin and yang are foreign to our understanding, one valuable insight we can gain from these perspectives is that sexuality was considered essential to who we are and that sexual mores change. This Eastern view is consistent with our understanding that one is a dynamic, constant sexuality fluidity and the other is defined by the times and circumstances of sexual behavior and roles. During times when the two were balanced, there was a sensible and satisfying cultural norm that blends sex and sexuality.Unfortunately, there have been too many other times when the two were in conflict. This back and forth seems to have defined much of Western culture and history, as well as the role of women and sex in our society. And, as frustrating as it is to find ourselves at the dawn of the 21st century still sorting out the power and need for sexual awareness and the ability to embrace sexuality. Fortunately, we are in a better place than women have been through most of history. We still have a long way to go for women to feel comfortable and confident with their sexuality and know the difference between sex and sexuality.In Medieval times people’s fears focused on three things: the Devil, Jews, and women. The fear of women was completely tied into the perceived threat of female sexuality. In the “dark, moist heat” of women’s sexuality, men became prostrate with fear and trembling, a fear and trembling that have continued to the beginning of the twentieth century and, in far too many places across the globe, to the dawn of the twenty-first century.Ironically, texts from the time display an astonishing detail of female anatomy and function. Men seemed to get the physical component right but when it came to understanding and embracing a woman’s essence, they fell far short. And these were not mere “common” men. As seems to be the case over and over again, the hysteria that punished women for being women came from the very minds and men who were capable of understanding physicality. The condemnation of doctors, “physics” and ministers might seem astonishing to us now – the stuff of witch hunts and fiction – but it continues to inform our sensibilities.The times taught that female sexuality was a serpent that was secretly guided into the heart. Goethe, writing about syphilis, used similar imagery when he demonized the disease as a beast and warning of “a serpent which lurks in the loveliest of gardens and strikes us at our pleasures”.In this poetic turn, Goethe captured the true “horror” of female sexuality and gets at the heart of men’s fear – it ensnares men in that “loveliest” of gardens, striking them at their “pleasures,” when they are most vulnerable.In the last half of the nineteenth century, when more “rational” thinking took over, the female disorders of nymphomania, masturbation, moral insanity, hysteria and neurasthenia were almost universally believed to be a serious threat to health and life and civilization. Most “experts” presumed these dire maladies were the inevitable result of reading inappropriate novels or playing romantic music.Novels and music?!As irrational as this might seem, there are still large, mainstream religious institutions which separate boys and girls, prohibit music and dancing, and discourage any contact with modern culture.Are we so very different than those who lived in the Victorian age?Then, there were instances of mass hysteria much like the Salem witch episodes in which women were taken with something called “menstrual madness” and insanity, diseases which required an immediate response and often a very radical “cure.” Menstrual madness was often “cured” by laparotomy and bilateral “normal ovariotomy.” This is the removal of normal ovaries known as “Battey’s Operation”.One professor of psychology, Charcot, gave public demonstrations of hysteria in women in the 1870′s that emphasized his belief that most mental disease in women resulted from abnormalities or excitation of the female external genitalia. Or, to put it bluntly, he masturbated these women in public!Now, these public demonstrations may strike you a bit pornographic because… well, according to our standards today, they were!You could be sure that these “clinical tutorials” were very well attended by scores of men who were only too pleased to witness – in the most graphic detail – the demonic role of the vulva and clitoris in the causation of hysterical attacks in Charcot’s young and, not incidentally, attractive patients.The Internet does not deliver anything any more graphic or pornographic.In an historical note, one of Charcot’s pupils was none other than Sigmund Freud, who attended these demonstrations at the La Salpêtrière for five months, repeated this fashionable view in his writings and lectures while also stressing the effect of the mind on gynecological and mental disease.There is reasonable evidence that Freud modified his case histories – excluding the realities of deviant sexuality and sexual abuse and replacing them with sexual fantasies which would be much more acceptable to the Viennese upper middle class who were his audience.I trust you are beginning to recognize a pattern here. There is a very clear thematic trend in the history of female sex and sexuality.During Victorian times, when much of our “modern” understanding of women’s sexuality found its voice, women were taught not to enjoy sexual activity. They were taught to actively repress their passions. They were actually taught – in so many words – that their enjoyment of sex existed in direct proportion to the moral decline of society.With that kind of burden, it is not surprising that few women felt any sexual desire and satisfaction. How could a woman embrace her lover in full joy when, in the back – or front – of her mind she held the belief, a belief imposed upon her by her teachers, her clergy and her family, that by doing so she was contributing to the destruction of all that was good in the world.Talk about a surefire way to inhibit pleasure and orgasm!For the Victorian woman, sex had one purpose and one purpose alone – to procreate. Ugh! Makes it sound like an unpleasant chore, doesn’t it? It followed from this that a girl or woman’s worth prior to marriage (the only social structure in which this procreation could take place) had worth only if she remained chaste and pure.Once married, she could expect to be engaged by her husband in conjugal acts only when “necessary.”Let’s pause for a moment just to parse the profoundly disturbing truths in that last observation. The first, of course, is that sex was reduced to an act that was engaged in only when “necessary” – presumably for the relief and release of the husband and to further the goal of procreation. The second, however, is more subtle and even more damaging. “She could expect to be engaged by her husband…” In regards to sex acts, and her sexuality, the woman was to be passive. She was nothing more than the recipient of someone else’s sexual wants, needs and demands – for purposes that she did not demand. She had no control over, no rights to, and indeed, was meant to remain ignorant and disapproving of her own sexuality.It is impossible to examine the nineteenth-century medical attitude to female sexuality and come away with the feeling that it was anything but cruel and heartless. We would be kind to call it ignorant. But it was too malicious to be merely ignorant. It was damaging and malevolent. With professionals, gynecologists and psychiatrists, leading the charge, the medical professions designed treatments designed to “cure” those serious contemporary disorders, masturbation and nymphomania.The gynecologist, Isaac Baker Brown (1811-1873), and the distinguished endocrinologist, Charles Brown-Séquard (1817-1894) advocated clitoridectomy to prevent the progression to masturbatory melancholia, paralysis, blindness and even death! A rational person might think that these professionals would have been tarred and feathered for their cruel views.A rational person would have been wrong.Society as a whole embraced their horrific view of women.Before becoming self-righteous in our judgments, however, we must ask ourselves, Have we changed so much? Compare the perspective and behavior of those Victorians to our modern world where this same operation is still being forced upon women and girls in Asia and Africa and certain religious communities throughout the world!Look at our own communities where young girls and women are made to feel ashamed and “dirty” for having sexual thoughts and desires.Still, things are much better than our Victorian past, when the medical contempt for normal female sexual development was reflected in public and literary attitudes. Consider that there existed virtually no novel or opera in the last half of the 19th century where the heroine with “a past” managed to survive to the end.The Victorian woman was reduced to simply a vessel. Oh, she was a highly-valued and a necessary “vessel”. After all, sex was necessary to further the biological imperative. (Imagine someone using a line like that in a bar! “Hello, my dear, would you consider furthering the biological imperative?” My guess is that someone using that line wouldn’t be getting laid that night!)Any sexual desire that a Victorian woman experienced was, by definition, contradictory to her virtue. According to The Physician and Sexuality in Victorian America (1974) by John S. Haller Jr., and Robin M. Haller, sexual promiscuity was an “ominous indication of national decay,” and not a sign of women’s liberation at that time.This was the dominant perspective during Victorian times. As bad as it was, Victorian times were not Medieval times. Even against this bleak backdrop, there were other points of view being expressed. Many early “love manuals” actually emphasized sex for pleasure also. These manuals took the position that there could be equality in the marriage bed. An early indication that for sexuality to flourish, there has to be an acknowledgement of the equal needs and value of the partners in the sex act. There has to be respect and value on the needs, wants and desires of each partner.These manuals took the revolutionary position that a women’s interest in sex depended upon her ability to seek satisfaction along with her partner. Sex could be an enjoyable act separate from its procreative imperative alone.Joy of joys!Of course, even these enlightened views were tempered by the presumption that indulging in sex too frequently was likely not a healthy thing and indicative of moral shortcomings.So, there were other, “quieter voices” that spoke out in favor of greater sexual expression and enjoyment. Unfortunately, the dominant view took the more powerful grip on the culture’s defining morals. During the 1840′s there was a greater emphasis on the health aspects of “conjugal discourse” and less on the enjoyment aspects. There was a tendency to advocate for even less frequency in sex than earlier years. William Acton wrote in his text, Functions and Disorders of the Reproductive Organs (1888), that women experienced “no need for sex.”No need for sex!? Certainly the idiocy of his position would have been disputed on its face.Of course it wasn’t. Not only was it not disputed but it was actually applauded by others, including women. Acton’s belief that women were apathetic to the notion of sex in marriage had a great ally in Mary Wood Allen, M.D., Superintendent of the Purity Department of the Women’s Christian Temperance Union. She held that “the most genuine love between a husband and a wife existed in the lofty sphere of platonic embrace.”Thanks for nothing, Mary! I guess her idea of a successful marriage was a husband and wife having a “sleepover” together, perhaps going so far as to hold hands and gaze warmly at one another as the night deepened around them.As if to prove that when it comes to silly ideas no degree of extremism is impossible, other manuals of the time embraced the idea of marital continence, which referred to the ” voluntary and entire absence from sexual indulgence in any form.”People who took this position pointed their boney, self-righteous fingers at women who deigned to seek sexual satisfaction and accused them of not leading “God-filled lives.” We have evolved remarkably since then. We tend only to call them names like “slut” or “nymphomaniac.”Thankfully, there were also sensible voices shouting to be heard. Sometimes, the arguments seemed to build on the foundation that women did not desire sexual satisfaction, as the argument of Elizabeth Blackwell, a physician who believed that female’s lack of sexual lust came from a fear of injury in childbirth. Implicit in her belief was that women lacked sexual desire or lust. So too when she noted that women were passive because men would be rushed to perform quickly, leaving them without gratification.At least her observations hold true in one fundamental aspect – women have consistently blunted their sexuality and sexual desires in order to maximize the “gratification” of men.There were enlightened voices crying out. Not everyone was blind to the truth of women’s sexuality. There were physicians who argued that a women’s capacity for sexual gratification was at times more intense and prolonged than the males. These physicians viewed ignorance as the root of the problem women had with sexuality. They argued that women’s lack of sensible sexual education had taught them to believe that any sexual feeling was “indecent and immoral.” As a result, women had become a race of sexless creatures, little more than “married nuns,” who experienced no pleasurable feeling during sex.But no matter how loudly these voices cried out; no matter how reasonable and rational their arguments, they did not carry the day. Acton’s view remained the dominant articulation of women’s sexuality from the late 1800′s through the middle of the 20th century.