ABSTRACT
This essay intends explore how the Mathura rape case (1972) was adjudicated by the judiciary, the underlying caste-class-gender biases present in Indian law and jurisprudence, while we try to understand the factors which trivialise and normalise rape as a culture in itself in India.
I. THE RAPE, THE LAW AND THE SOCIETY
The law of land is normative. The generational dogmatic manipulation of gender roles and stereotypes, since ages, have led to an Indian psyche, where the societal cognitive prism holds submissiveness as ultimate feminine virtue and the value of a woman’s character treasured behind her intact hymen. In India, the law defines the act of “rape” under the section 375 of the Indian Penal Code. But still rape is too a complex
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As inferred from the summary, Mathura was an orphan and belonged to the disadvantaged section under the caste hierarchy and as a daily wage labourer, she found herself at the end of the class structure. These factors further substantiated how the court failed to acknowledge or consider the socio-economic status, the age of victim, the lack of knowledge of legal rights and access to legal services, and the fear complex which haunts the poor and the exploited in Indian police stations. How the Supreme Court failed to reiterate on the violations of legal precedents set by the same court (i.e., Nandini Satpathy case, (1978) 2 SCC 424) on arbitrarily detaining a women at the station or condemning the usage of police station as a theatre of rape or submission to sexual intercourse. The Court even failed to distinguish between the idea of consent and passive submission, which could occur due to fear of death/hurt. In law and common sense, there is clear difference between “consent” and “submission”, while consent might involve submission; but the vice versa isn’t necessarily true. In the case of Mathura, it appears from the facts stated by the Court and its holding that there was submission and not consent on the part of Mathura because of the fear of getting locked up in …show more content…
The process of erasure also makes evident the ways in which women's identities are constructed in society. Apart from dividing women into good and bad women, the stereotyping of women also occurs on the basis of their community identities. Women from the minority communities are, in the process, denied their rights to equal protection under the law on the presumption that males belonging to higher castes will never intend to assault women from lower castes group because of the unbreakable caste prejudices the Indian society thrives
Many of the attitudes, beliefs, and mistaken ideas about rape have been with us for centuries. By looking at myths, such as “women ask for it,” and “it would do some women good to get raped,” from a historical perspective, lead us for better understanding how they evolved. Women are still seen as the property of men, are protected as such. Men and women are still taught to occupy very different roles in today’s world. Men are usually more aggressive, and women are seen as passive. (Vogelman) This socialization process is changing, but slowly.
For many centuries the crime of sexual violence has been perceived as a gendered crime of power mostly victimizing women. The legal system, at least in theory, puts rape to be a punishable crime, nonetheless when rape cases are brought before the law they are hit with the allegation of the ‘rape myth’, the victim’s legitimacy is continuously questioned and the defense party is given the power to undermine the victim’s story. Not only the victims of such horrendous offences are stripped off their right to justice; they are revictimized and mistreated in the courtroom and society if they are not seen to fit the category of the ‘ideal victim’. The neglect of rape cases before the law has led victims of this offence to become unwilling to report the incident causing sexual assault to become the most underreported crime in our criminal justice system. This issue has therefore become one of the main focuses of the feminist theory, which attempts to understand the criminal justice system’s discrimination and misuse of power against women.
Thesis: It is crucial to expose the “poisonous” consequences that are a direct result of a lenient society that allows rape culture to prevail.
...the hardest goals to accomplish, as cultural beliefs and values are often set in stone and cannot be changed instantaneously. Changing rigid gender stereotypes could take many years, so it is imperative that solutions be implemented over the long-term. Women should continue to be educated, and people should work towards a greater share in household responsibilities among families (24). A more holistic approach is needed, and social support for rural women should also be enhanced (24). Furthermore, it is essential that responses to the matter are culturally sensitive; for instance, divorce is often not a viable option for many women in India who fear being stigmatized by their communities. Overall, researchers should continue to conduct further studies in order to understand the roots of family violence in India, and work towards eradicating the issue altogether.
Recently, a horrendous gang rape and murder case in India has caused many people to speak out against sex crimes. A female medical student was beaten with metal rods, raped, and then thrown from a moving bus by four men. In response, many people have called for stricter laws dealing with sexual violence. This has also lead to some focus on the sex trafficking aspect of sexual violence. In an article by the Editorial Board of the New York Times, issues of enforcement were brought to light by explaining that sex trafficking is growing in India because of extreme poverty, “a gender imbalance resulting from sex-selective abortion practices,” and “India’s affluence.” The writers of “Sex Trafficking in India” adequately argue that in order to solve the issue of sex trafficking there needs to be stricter enforcement of existing laws that deal with sex crimes by appealing to their intended audience through statistics, expert testimonies, cause and effect, and descriptive language.
The civilization of men is called chivalry and is earned by women at the price of their own civilization. “For the female, civilized behavior means chastity before marriage and faithfulness within it. Chivalrous behavior in the male is supposed to protect that chastity from involuntary defilement” (Griffin, 516). Unfortunately, the definition of civilization for women requires them to be feminine, dainty, and submissive while men are strong and dominant. This robs women of the mentality that they can be strong and independent and forces them to seek protection from men instead of finding it in themselves. This mentality and dependence deprives women of the ability to protect themselves from men creating a world of fear for them to live in. It also keeps women submissive because they do not want to step out of line and risk being hurt. Essentially, men keep women submissive by defining womanhood and using it like a cage to restrict their behavior and thoughts. In addition, their chivalrous protection does not apply to women who step outside of their required behavior. This means that women who act independently cannot be raped, they are beyond violation and an open target for all men. This double standard serves to make rape an acceptable and even encouraged behavior while keeping women quiet and well-behaved, lest they be mistaken for a bad girl worthy of
of. When this issue is looked into in depth, it is a variety of things: unfair, brutal, repulsive, and more. Unfortunately, most women in India have been treated unfairly for longer than can be remembered. When it is boiled down, it comes down to one component: religion. To get a primary view of the problem, the following is an example of what goes on every day. A girl, probably in her twenties, was coming home from a movie on the bus. A group of six men then ganged up on her and brutally raped her (Singh, 2013). As stated, events such as these go on almost daily.
The practice of female infanticide shows how desirable having a male child is that parents would take the lives of a female baby. The dowry system in India is the main cause of female infanticide in India. Gender inequalities in the rural part of northern India exhibit female infanticide occurs here the most despite laws to abolish these acts. Men hold a higher value in this society because a system they adapted many years ago. Men are seen as an asset or of value because at one point his future wife and her family will “pay” for him. Daughters are opposite and viewed as a burden to the family because she will have to marry one day and that will cost her parents. So women are not viewed equally here even as infants, they don’t even stand a chance. Officials have tried to make laws to assist in reducing female infanticide but people have continued to follow traditions of the dowry systems putting the population at risk as well
Traditional sex scripts of men and women create for a rape-supportive culture (Check & Malamuth, 1983). Rape is a logical extension of our sex role socialization process that legitimized coercive sexuality. Through these scripts men are taught to take initiative and persist attempts of sexual intimacy. Traits of dominance, aggression and violence are idolized (Martin, Taft & Resick, 2007). Women, on the other hand, are taught to not indicate their sexual interest or engage freely in sexuality. They should possess qualities of being passive, submissive and sexual gatekeepers (Martin, Taft & Resick, 2007).
Many of the attitudes, beliefs, and mistaken ideas about rape have been with us for centuries. By looking at myths, such as “women ask for it,” and “women secretly enjoy rape,” from a historical perspective, can lead us for better understanding how they evolved. Much stems back to the idea that women are still seen as the property of men, and are protected as such. Men and women are still taught to occupy very different roles in today’s world. Men a...
In order to achieve these goals, Indian feminist writers have exerted their energies to deconstruct the past, reconstruct a more meaningful present. They have unravelled the thick tapestries of male hegemony and analysed the reasons for the persistent reproduction of conscious and unconscious presumptions about women and they have knitted up a woman’s tradition.
Rape is known as one of heinous crimes a person can commit to someone else. Even though US’s justice system recognizes that rape is a serious threat to women’s physical and mental safety as well as their autonomy, our justice system gravely fails to convict and persecute the perpetrators, making women vulnerable to these sexual crimes. Hence, many women, especially those who are victims of rape, live in fear, which seriously curtails their freedom of movement and confidence in everyday life (Chamallas, 2013). Not only our justice system fails to protect women from rape, but also our society’s skeptical attitude towards rape severely affects rape victims to come forward or report their terrible experiences. The general public views rape as a myth rather than as a fact, and believes that women cry rape just to get public attention, sympathy, and compensation from the perpetrators. Even if the rape did happen, most people still blame women for being irresponsible. Due to the lack of our justice system in convicting rapists and our society’s misconception of rape, the conviction rate of rape is very low even though it is a common crime in our country.
Bayley, Alex. "Rape Culture." Geek Feminism Wiki. Wikia, 9 June 2009. Web. 24 Apr. 2014. .
In the present play Vijay Tendulkar chooses a term of judicial register as the title of his play to make a powerful comment on a society with a heavy patriarchal bias that makes justice impossible and that converts the august judicial system into an instrument of oppression of women and the vulnerable. Ideally justice can be provided only if the judge and the judicial system are objectively detached. But the same objective detachment can become the face of a very repressive and dehumanized system if the persons involved in the process of justice are themselves devoid of human value and compassion.
Female foeticide has become a disgraceful and shocking reality of this nation. For centuries, families across many parts of India have look upon the male child as the superlative of the two sexes. A male child is seen as a blessing in the Indian society and since years people have made lavish offerings and numerous prayers in hopes for getting a son. These beliefs continue to remain even though times have changed and now much of the inequality is reducing. The Indian society recognizes a insightful faith in every individual’s right to life and dignity but this rights are dishonored when it comes to women and children in this society. A difference in a society’s ideal values and its reality is defined as a social