Page 42 - Tehelka-May18

sexual abuse

normalisation of rape errors. Mexico has integrated convicted in the courts. This
a better understanding of
would require reforms of
culture should end rape within its law. The Mexi- the criminal justice system
can law on violence against
so that rapists were more
the women conceptualises usually convicted than not.
Prevention of rape requires changing of the violence as gender-based According to a National Crime
mindset with emphasis on gender education, and systematic. It is under- Records Bureau report, 34% of
all crime committed against
stood as a culture rooted in
right policies, punitive punishments,etc. so that male domination. The United women in India is rape.
There have been numer-
even a rape-like situation does not occur, Kingdom has campaigned ous legal reforms in recent
for initiatives for relationship
writes Moulshri Kanodia change. The Southampton years, including: criminalis-
talking about relationships ing rape in marriage; mak-
ften women of rape are taken lightly. For initiative (STAR) is a rape ing rape a state offence; and
limit themselves instance, West Bengal Chief preventive intervention in the creating specific offences for
because of the Minister Mamata Banerjee UK that targets young people. rape against children, which
existence of a believes rape cases are on a STAR aims to prevent rape by
O potent possibility rise in the country because educating and empowering
of sexual violence. Trivial- men and women interact young women and men to There have been
izing sexist comments, in with each other more freely. choose gendered cooperation numerous legal
which arguing boys call one Politician Mulayam Singh relationships model which
another “little girl” to deign Yadav’s infamous statement are respect-based and comply reforms in recent
the other, clearly objectifies “rape accused should not be with principles of consent. years, including
and patronizes women. Not hanged. Men make mistakes.” Even in the international
only that, people also have When such statements come arena, rape is treated as the criminalising
the audacity to justify rape by from our leaders, it is indeed human rights violation. The
assuming that only promiscu- a matter of concern because UN treats violence against rape in marriage
ous women get raped. Rape as public representatives they women, including rape, as and making
cannot be normalised as a have the power to make or a form of ‘gender-based
crime of passion, neither it’s break public discourse. discrimination’ as well as ‘a rape a state
a matter of stupid decision or The international humani- violation of women’s human offence
frenzied desire. Not talking tarian law recognises inclu- rights’. Rape is a consequence
about rape does not mean sion of rape as a war crime of both gender inequali-
that it does not exist. There and crime against the human- ties in power and also of an can be defined as ‘strict li-
are countless rape jokes ity and yet, we believe capital absence of effective state ability’ i.e. if it can be proved
thrown around, and rape is punishment is going too far. power to sanction offenders. to have happened then no
often used as a verb to de- But, our policies should bal- The purpose of the criminal defence can be entered.
scribe excelling at something. ance between punishment, justice system is to deter peo- Therefore, in order to
One can often hear a man deterrents and reform. The ple from committing crime achieve safe society for
saying “we raped the game” justice should be reformist by deterrence, punishment women punitive laws play
depicting his powerful victory and retributive at the same and rehabilitation. But, most key role, but to eliminate the
in a game. Our language is time. There are many exam- rapists are not convicted. The root cause of a single gender
systematically desensitised ples of promises and prac- deterrent effect of potential dominating mindset needs
to the severity of sexual tices that can go a long way in punishment is only likely to to be addressed through long
violence, which is evident removing these fundamental occur if rapists were to be term interventions in educa-
in the casual use of the term tion, awareness, and media.
‘rape’. This victimises women
to male aggression and Moulshri Kanodia is a German
intimidation. Chancellor Fellow at Alexander
We must recognise that von Humboldt Stiftung and
there is a fundamental error Researcher at Harriet Taylor
in our thought process if Mill Institute, Berlin School of
narratives around incidents Economics and Law. The views
expressed are personal.
• safe society Punitive laws may
play key role in women safety letters@tehelka.com

42 Kanodia.indd 3 17/05/18 3:46 PM