Protesting Rape
2
january 12, 2013 Economic & Political Weekly EPW january 12, 2013 vol xlviII no 2 7 Protesting Rape State and society both have to transform if we are to reduce violence against women. T he past fortnight has seen unprecedented protests in Delhi over the gang rape and brutalisation of a young medical student. It has taken most people by surprise to see the manner in which thousands of people have come out to protest the lack of safety for women in the public spaces of the capital, and in other cities of India. While this has been similar in many respects to the other instances of the public outpouring of anger which we have seen, particularly in Delhi, during the second term of the United Progressive Alliance government, there is something unique about these protests. For the most part they have not been organised by any political party or civil society organisation. Further, they have remained, even a fortnight after all attempts by political parties to appropriate them, much larger than any political agenda and much wider than any particular political stream. Lastly, what is remarkable is that every time their energy seemed to sag they have revived – from the dispersed pro- tests of students to the gathering at India Gate and Raisina Hill and then to Jantar Mantar. We now have the massive “Take back the night” walks by students and others of residential areas to assert a woman’s right to the city without fear of violence, for freedom to the woman, for “azadi” as the chants insist. The government has displayed an all too familiar inattentive- ness to popular feelings and has reacted either with force or in- difference. Protests have been dealt with beatings, tear gas and water-cannons, and with a display of crass opinions on gender. It is unbelievable that what claims to be a democratic government shuts down the metro in central Delhi to prevent people from gathering in peaceful protests. At one level the government did provide the best possible medical treatment to the woman, but it also used this to move her out of the country against medical opinion only to protect itself from political pressure. Every move of the central and Delhi governments has been at best reactive and at worst cynical to scuttle the growing public solidarity and stifle people’s right to express themselves. The popular protests, while they have successfully braved the repression of the government, have themselves contributed to building an atmosphere where in some respects repressive and regressive ideas have found fertile ground to grow. The amorphousness of the protests and the social/political base of the protestors has meant that demands for death penalty and castration of rapists have gained shrill popularity, despite all attempts by the feminist and left-wing sections in these protests to push them back. Today there is a real danger that the death penalty as well as castration will be legally added to the punish- ments for rape. More, there is a proposal to create a database of sexual offenders and make it public – a form of “naming-shaming” exercise. There are also proposals to change the burden of proof in “grave cases of sexual assault” from the accuser to the accused. There are various other suggestions for increasing the powers of the police and for curtailing due process in investigation, trial and judgment to help “fast-track” the cases of sexual violence. Apart from this a host of measures have been announced by Union Home Minister Sushil Kumar Shinde to increase policing powers and surveillance which may or may not help reduce crimes against women but would surely make the city far more daunting for the migrant, the homeless, the unorganised and the informal. An indication of the dangerous political context this has created can be found in the refusal of lawyers of the Saket courts in New Delhi to represent the gang rape accused. It is just as well that the chief justice of the Supreme Court has pointed out while inaugurating the new fast-track courts to try rape cases that “a swift trial should not be at the cost of a fair trial”. The government has announced the formation of a three- member committee headed by retired chief justice of the Supreme Court, J S Verma, to suggest amendments to the law to remove loopholes and ambiguities and make it more stringent. It will be a great advance if the Verma Committee’s recommen- dations help change many of the laws, rules and definitions that stigmatise the victim of sexual assault, create false distinctions of “legitimate” and “illegitimate” rape and discourage victims of sexual crimes from approaching the police. For much of this to happen actually little change in the exist- ing laws is necessary. What we require are reforms in the police and greater gender sensitisation among the force as well as within the judicial system. The latter has often been extremely patriarchal in its judgments. More importantly, we require a transformation in relations in our society and within our fami- lies. We require the anger to focus as much inwards at the way we socialise our children in discriminatory gender roles, at the manner in which we have gone along with the sexualisation of our public spaces, and at the growing amounts of dowry and ostentation at weddings. It is essential that we hold the
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Violence against women is an endemic problem in India after six decades of independence; the EWP analyses underdiscussed factors which ameliorate conviction rates and cultural intolerance.
Transcript of Protesting Rape
january 12, 2013
Economic & Political Weekly EPW january 12, 2013 vol xlviII no 2 7
Protesting Rape
State and society both have to transform if we are to reduce violence against women.
The past fortnight has seen unprecedented protests in Delhi over the gang rape and brutalisation of a young medical student. It has taken most people by surprise to see the
manner in which thousands of people have come out to protest the lack of safety for women in the public spaces of the capital, and in other cities of India. While this has been similar in many respects to the other instances of the public outpouring of anger which we have seen, parti cularly in Delhi, during the second term of the United Progressive Alliance government, there is something unique about these protests. For the most part they have not been organised by any political party or civil society organisation. Further, they have remained, even a fortnight after all attempts by political parties to appropriate them, much larger than any political agenda and much wider than any particular political stream. Lastly, what is remarkable is that every time their energy seemed to sag they have revived – from the dispersed pro-tests of students to the gathering at India Gate and Raisina Hill and then to Jantar Mantar. We now have the massive “Take back the night” walks by students and others of residential areas to assert a woman’s right to the city without fear of violence, for freedom to the woman, for “azadi” as the chants insist.
The government has displayed an all too familiar inattentive-ness to popular feelings and has reacted either with force or in-difference. Protests have been dealt with beatings, tear gas and water-cannons, and with a display of crass opinions on gender. It is unbelievable that what claims to be a democratic government shuts down the metro in central Delhi to prevent people from gathering in peaceful protests. At one level the government did provide the best possible medical treatment to the woman, but it also used this to move her out of the country against medical opinion only to protect itself from political pressure. Every move of the central and Delhi gov ernments has been at best reactive and at worst cynical to scuttle the growing public solidarity and stifl e people’s right to express themselves.
The popular protests, while they have successfully braved the repression of the government, have themselves contributed to building an atmosphere where in some respects repressive and regressive ideas have found fertile ground to grow. The amorphousness of the protests and the social/political base of the protestors has meant that demands for death penalty and castration of rapists have gained shrill popularity, despite all
attempts by the feminist and left-wing sections in these protests to push them back. Today there is a real danger that the death penalty as well as castration will be legally added to the punish-ments for rape. More, there is a proposal to create a database of sexual offenders and make it public – a form of “naming-shaming” exercise. There are also proposals to change the burden of proof in “grave cases of sexual assault” from the accuser to the accused. There are various other suggestions for increasing the powers of the police and for curtailing due process in investigation, trial and judgment to help “fast-track” the cases of sexual violence. Apart from this a host of measures have been announced by Union Home Minister Sushil Kumar Shinde to increase policing powers and surveillance which may or may not help reduce crimes against women but would surely make the city far more daunting for the migrant, the homeless, the unorganised and the informal. An indication of the dangerous political context this has created can be found in the refusal of lawyers of the Saket courts in New Delhi to represent the gang rape accused. It is just as well that the chief justice of the Supreme Court has pointed out while inaugurating the new fast-track courts to try rape cases that “a swift trial should not be at the cost of a fair trial”.
The government has announced the formation of a three-member committee headed by retired chief justice of the Supreme Court, J S Verma, to suggest amendments to the law to remove loopholes and ambiguities and make it more stringent. It will be a great advance if the Verma Committee’s recommen-dations help change many of the laws, rules and defi nitions that stigmatise the victim of sexual assault, create false distinctions of “legitimate” and “illegitimate” rape and discourage victims of sexual crimes from approaching the police.
For much of this to happen actually little change in the exist-ing laws is necessary. What we require are reforms in the police and greater gender sensitisation among the force as well as within the judicial system. The latter has often been extremely patriarchal in its judgments. More importantly, we require a transformation in relations in our society and within our fami-lies. We require the anger to focus as much inwards at the way we socialise our children in discriminatory gender roles, at the manner in which we have gone along with the sexualisation of our public spaces, and at the growing amounts of dowry and ostentation at weddings. It is essential that we hold the
EDITORIALS
january 12, 2013 vol xlviII no 2 EPW Economic & Political Weekly8
gov ernment and state institutions to account for all their acts of omission and commission, and they are many, on matters of gender justice. But to not extend it further to a critique and re-form of society is to leave untouched the cesspool of reactionary i deas and practices from which germinates sexual violence. Even as we reform the police and judiciary, it is crucial to e ngage with this larger and long-term battle.
The anger of the protestor has started off a welcome con-versation on issues that have till now remained in the twilight zone. There has been a perceptible and positive change in the way matters of sexual violence and harassment are now being discussed and debated. However, it would be unfortunate if this energy is harnessed only to legislate draconian laws and strengthen the surveillance and repressive functions of the state.
