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2013
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While the horrific rape of Damini, Nirbhaya (December16, 2012) has shaken the whole nation, and the country is gripped with the fear of this phenomenon, many an ideologues and political leaders are not only making their ideologies clear, some of them are regularly putting their foots in mouths also. Surely they do retract their statements soon enough. Kailash Vijayvargiya, a senior BJP minister in MP's statement that women must not cross Laxman Rekha to prevent crimes against them, was disowned by the BJP Central leadership and he was thereby quick enough to apologize to the activists for his statement. But does it change his ideology or the ideologies of his fellow travellers? There are many more in the list from Abhijit Mukherjee, to Mamata Bannerji, Asaram Bapu and many more. The statement of RSS supremo, Mohan Bhagwat, was on a different tract as he said that rape is a phenomenon which takes place in India not in Bharat. For India the substitute for him is urban areas and Bharat is rural India for him. As per him it is the "Western" lifestyle adopted by people in urban areas due to which there is an increase in the crime against women. "You go to villages and forests of the country and there will be no such incidents of gang rape or sex crimes", he said on 4 th January. Further he implied that while urban areas are influenced by Western culture, the rural areas are nurturing Indian ethos, glorious Indian traditions. As per him ancient Indian traditions gave great respect to women, and it is due to these values of Indian tradition, that villages are free from crimes against women. The statistics from India fly in the face of Bhagawat. In a significant statistical observation and study of rape cases Mrinal Satish, faculty member of National Law University, Delhi, tells us another tale. He has used the court data and observes that 75% of rape cases take place in rural India. His observations are based on the cases reported in
Developing Country Studies, 2014
The identity of any person is based on his characteristic behaviors. But it is bitter true fact that civilized society reflects the good characteristic of human being that is living in the society. In the 21 st century men are trying to touch the untouched part of universe. In the field of medical science human has progressed to resolve the incurable diseases. We have developed a lot of infrastructures for the day to day uses. Men are talented to go anywhere by air, water and land mode within a short time. But in case of social context especially woman's rights and honors we are not able to say us a civilized citizen. Men always try to show his dominant nature over the women. The men's nature of dominant over the women in each sector of life style is called paternalism. Men always say the paternalism is a part of human value system. There is no need to more say about the current status of women in the society. According to National Crime Records Bureau data confirm that Delhi saw 572 women raped cases in the year 2011 as compared to 239 in Mumbai, 47 in Kolkata, 67 in Chennai, 96 in Bangalore. Let it see in another way, while Delhi had 7 rape victims among 1 Lakh females in 2011, Haryana had 6, Rajasthan had 5, Mumbai had 3, Uttar Pradesh had 2, Bangalore had 2 and Chennai had 2. My main questions are from where the rape was started?, How the rape came in the society?, Who was behind it?, Why these rapes are happening in our society?, Why we are not able to control it?, How the people encourage rape events with using the name of religion?, How the ethical value are demolished by men dominating power?, How we can make our society free from rapist?, etc.In this article Dr. Prashant Kumar Astalin has tried to give the answers for all the above mentioned questions.
GLOCALISM: JOURNAL OF CULTURE, POLITICS AND INNOVATION, 2014
This paper is a study of rape in the national capital of India, and the focus is on the amendments of rape law aftermath 12 December 2012 crime. It questions at the safety and security issues of women in the metropolis of India, and it also discusses critically how laws amendments have been made aftermath this barbaric crime. Though this paper doesn't set an inquiry yet it provides common criticism against the new amendments and it remains observational in nature, and sets a study. The temporal aspect revolves around the gang rape case of December 2012, but it also peeks in the past for the reference purpose only. The insensitive reactions from the political party leaders and religious leaders also find a space in the paper to show the general reaction of the society. The urban middle-class carefree attitude is reflected by an example of a popular reality show. But finally this paper advocates for lengthy prison sentences that have some behavior-altering deterrent value.
The article seeks to focus on rape as a form of sexual assault in contemporary India and analyse the response of the state and its institutions to the crime. It also attempts to highlight how recent waves of polarisation and communalisation have used rape as a weapon to attain their desired political goals.
Recent protests across the capital and elsewhere amounted to gender consciousness in the paradoxical Indian society. Strikes and dharnas (sit-ins) are adopted quite often by the unprivileged citizens of the world’s largest democracy. Apart from women activists, schoolgirls along with their parents, human rights activists and political parties took to the streets to express solidarity with women. The situation of harassed women in the cities and working women in their offices facing sexual violence are often reported and get nationwide media attention. But this time, the reporting was quite influential: it united women all across India and with organisations overseas.
Udayana Journal of Law and Culture
The problem of violence perpetrated against women in India is not simple. It is embroiled in the historical subjugation of the ‘weaker sex.’ Women have been unable to claim equality in society despite mandatory provisions in the Constitution of India and other legislations in their favour. Despite numerous amendments to the Indian criminal law, rape, one of the most heinous crimes, continues to be committed in India at an alarming rate. The law on Rape in India has undergone three phases of amendments, and all precipitated in the aftermath of public fury on account of brutal and heinous incidents of rape. This paper employs the socio-legal approach to assess the efficacy and impact of these amendments in changing social behaviour. It concludes that though the massive public outrage undoubtedly led to radical amendments, it was a knee-jerk reaction that suffered from legislative ambiguities. The increase in the retributive content of the law ultimately resulted in reduced convictions...
International Journal of Public Law and Policy, 2021
As per data published by the National Family Health Survey 2015-2016 which receives technical guidance from the Ministry of Health and Family Welfare, Government of India, 83% of married women between the ages of 15 and 49 who have suffered sexual abuse cite their current husbands as the perpetrators. The hard truth that emerges from this figure is that a large number of crimes against women in India takes place in their respective homes. The issue of marital rape in India is one example of violence against women where the victim suffers both physically and psychologically at the hands of somebody close to them. But unfortunately, marital rape is not recognised as a crime under the Indian law. The present paper focuses on examining some of the vital socio-cultural and legal reasons that play a significant role in prohibiting criminalisation of marital rape in India.
A case study of the gang-rape in New Delhi in 2012; Did the gang-rape case lead to any changes in legal order or society?
LAW AND LAWYERS, 2020
Ferocity is at its worst demonstration when it occurs within the rim of a family. Rape within the bounds of marriage is a notion that can fret any woman to the very core. The dread of having suffering silently through is an unbearable thought. This self-imposed silence not only has deleterious reverberations on the emotional level, but also disturbs the mental stability of a woman. However, if looked at precisely, this silence is not exactly self-enforced. The enforcement makes its way through the shortfalls of the laws and the existence of social stigmas resulting in the concealment of a heinous crime behind the ‘saintly’ nature of a marriage. This paper focuses on highlighting the practice of marital rape, gives an account of the legality of marital rape laws, looks within the social extremity of marital rape, and attempts to frame a reference to human right stance. It also offers a comprehensive view of the legal complexities of the already existing laws - Section 375 (exception 2) of the Indian Penal Code, 1860. It will only be complying to say that minimal criminalization of this crime will not be enough to terminate its dreadful plight, but it will surely act as a predominant stride towards altering a woman’s encounter with sexual violence and dominance. It is high time for the abstraction of “rape is rape, irrespective of the relationship between the victim and the perpetrator” to get acknowledged by judicial structures and be put to strict force, breaking off all the uncorroborated patriarchal claims of men over women.
Two side of the one coin'' Gender oppression, domestic violence and resistance both the perception are allied from social, political, economic institutional, psychological mechanisms and among these three different notions there are one thing common and that is '' fashioning self '' or given primacy over ''I am this body'' (Menon). For social insecurities, existence destitute as of physique or mind those administrative actualities are demonstrating themselves as the utilisations of volcanic expansions overabundant signifiers. These all are essentially known as, lifelong preoccupation with power and human subjectivity, where how authoritative being political living being they are in a relations, that will be determine by their determination which they have persistent despite all kinds of resistance. Foucauldian treatise is generally based on concessions, duties and to find out hidden aspects of power and resistances between philandering and monogamous. Presently, in this contemporary era, for the complexity of hidden, human relations and catalymistic binaries, we are going through the waves ofdiverse glitches or some blame worthy circumstances, which boils downthe fact as 'peace time of violence'. Fundamental points or self-imagery here could be, they are not pleased with the person with whom they are making legitimate intimacy or nourishments (Scheper-Hughes 1997,Scheper-Hughes& Bourgois 2003). Nude flawless rules of patriarchy neverthinks ''rape'' can be harmful for bodily honour of the person, but rather patriarchal rubrics have expressed it's disquiet against family appreciation. Menon has articulated in her book ''seeing like a feminist rape is fate worse than death''. Family which is known as the source of primary socialization, must be like sanctuary, but realism is far away from the ''ideal-type' 'This phenomena can be discussed through the film''Begum Jan'', which discourses the issue sympathetically. Key words; 'ideal-type', human relations, catalymistic binaries, legitimate intimacy or nourishments.
Recently when the Bill to criminalize marital rape was introduced in India, it was turned down by the Parliament. According to some of the Parliamentarians, marriage is a sacred institution and touching it will leads to breakdown of marriages. They are of the view that India should be proud of its culture because `the nation has low divorce rates’. Statements have been issued against criminalizing marital rape without acknowledging the fact that most marriages in India survive because women silently endure violence and abuse within such relationships. The culture of `silence’, `tolerance’, `adjustment’, `compromise’ among women is propagated to `save and respect the `honour’, the `pride’ and the `values’ of the Indian family overlooking the fact that incest, violence, suicides, murders are the price women pay. On the other hand there is a men’s group which is lobbying fiercely to highlight the fact the law against domestic violence has been misused by women and therefore should be diluted. They further propagated that the enactment of penal law against marital rape will also be abused by women. According to such arguments, a woman, who is not docile, subservient or compliant and complains about the continuous abuse within the conjugal relationship is an anti-family warrior breaking the sacred bonds while converting bedroom to a battlefield. Both the groups ignore the reality that most cases of emotional violence, sexual abuse, physical assault, mental trauma, all takes place within this `sanctified’ territory because women are powerless and vulnerable and have been socialized to be pliant, obedient and subservient. This essay attempts to unpack the everyday possibility as well as reality of the lives of women in the light of backlash on women’s rights and looks at the debate on criminalizing marital rape from the gender perspective. It concludes that this concept needs to be examined in the larger perspective of violence against women and should be dealt accordingly.
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