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Hussein Kesvani

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Laws Alone Won't Curb India's Rape Culture

Posted: 28/12/2012 11:25

After the brutal gang-rape of an Indian female student in Delhi, marking the 637th recorded case this year, India has been forced to confront the darkest elements of it's cultural history. Though little information that has been released, women across the subcontinent have organised in protest against an inherently misogynistic culture that has seemingly legitimised such actions, at the expense of their dignity. As more women have spoken out of their own experiences in the past few days, many of the protesters have encouraged the end of a passive culture of acceptance, in which females are systemically degraded and reduced as human beings.

Such horrific events might be viewed as uncharacteristic, particularly in a modernising metropolis, notorious for eulogising notions of love. Indeed, India's long-concealed history of gang-rape and molestation provides no better a juxtaposition to the bastions of romance exhibited by the Taj Mahal or the booming Bollywood industry. Yet, behind these romantic fantasies, exists over a century of culturally-induced sexual repression, affecting the most vulnerable in Indian society. Indeed, as the writer Arundhati Roy has noted, India's toxic rape culture does not simply expose the crudest forms of sexism, but, in turn, also reveals the cynical corruption of the apathetic political class.

Accusations of an institutionalised 'rape culture' is not novel. One only has to look at the unreformed 1860 penal code that views rape as an 'outraging' of a woman's modesty, an association that immediately affiliates the female body merely as a constituent within a masculine-dominated cultural system. Additionally, the law professor Upendra Baxi noted in 2002, that the legal and political systems of India limited the abilities of females to report sexual violence, and in turn reflected a political system in which collective sexual assaults on women could go unpunished. Baxi also highlighted that police authorities often neglected, if not participated in, the phenomenon of 'eve-teasing' - a crude form of sexual molestation that has more than quadrupled over the past decade. Indeed, despite the rapid economic prosperity India has enjoyed since it's independence, little has been achieved to in terms of effective protections for females.

Prime Minister Singh must realise that attempts to codify greater legal protections will benefit only a minority of women, most of whom are concentrated in affluent, urban environments with means to afford security. Despite the basic protections in place, there have been countless occasions where police officers have been accused of actively endorsing such activities.

Officers in New Delhi alone have stated on record, that "male agression is a natural instinct of sexual attraction" and possibly more mortifying, that young girls who share telephone numbers and dances with young boys, indicate legitimate consent. If law enforcement cannot understand the distinction between rape and consensual sex, or even empathise with the vulnerability of young females, then even the most intricate of legal systems will have little effect on rapists and molesters.

What must be realised, is that India should be proactive in challenging certain elements of traditional culture, if it truly wishes to succeed in securing the rights and liberties of its females. One of the most powerful messages held by a young protester this week read: "We live in a society that teaches women not to get raped, instead of teaching men not to rape". Simple as it may be, this statement truly reaches at the crux of this problem.

For the true injustice lies in how women are still recieved in Indian society. Despite phenomenal acheivements in education, professional and public life, women still find themselves devalued within archaic, patriarchal communities where family units unconditionally adore their sons.

Certainly, the denigration of females is often articulated in terms of sexuality, whereby the functions of females are seen merely in bearing and raising children. Further, the lack of sex education in public schools, combined with the staples of brutish masculinity and the fragile damsel within Bollywood cinema, are fundamental in defining gender relationships between males and females. Indeed, such misappropriated fantasies contribute significantly to both the devaluation of sexual relations, as well as fueling an insidious culture of victim-blame.

In justifying their actions, the rapists argued that it was necessary to punish the victim for deviating against societal expectations. In taking lessons from this, Indian autorities should realise that rape is a culturally imbedded problem. To truly defeat it, they must first work to reform the cultural dynamics of society itself.

 

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After the brutal gang-rape of an Indian female student in Delhi, marking the 637th recorded case this year, India has been forced to confront the darkest elements of it's cultural history. Though lit...
After the brutal gang-rape of an Indian female student in Delhi, marking the 637th recorded case this year, India has been forced to confront the darkest elements of it's cultural history. Though lit...
 
 
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07:28 PM on 12/30/2012
The supression of women all over the world for centuries has played a part in this treatment of them but it not the whole story.
We live in a world where sexual desire and lust are free to surface everywhere. There are also huge cities with mind-boggling numbers of inhabitants. In the dark recesses of these evil abounds even in the face of strong laws and enforcement.
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03:07 AM on 12/29/2012
India's rape culture? Britain gives two hundred million pound plus annual foreign aid to India. Makes you feel proud?
02:15 AM on 12/29/2012
How about you, a Pakistani, not comment on India's "rape culture". You pakistanis are no better, how about you write about that
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Hussein Kesvani
02:19 AM on 12/29/2012
Hi Kevvi Kev,

I'm actually of Indian descent, amazingly enough- From Gujarat.

Perhaps, however, you'd like to comment on this issue, rather than trivial nonsense.
02:46 AM on 12/29/2012
Whatever happened is unforgivable but what is this "rape culture" you talk about? And you are quoting Bollywood, for heaven's sake?! Not a credible reference my friend, Bollywood does not represent India the same way Hollywood does not represent the US.

Good luck with your assignments
03:18 AM on 01/09/2013
Couldn't help yourself could ya? Shame. A girl was brutally raped and murdered and all childish people like you can do is bicker and try turning it into a Pakistan vs. India fight.
01:55 AM on 12/29/2012
"Amanat" , (as the girl was called by the media and meaning trust/treasure ) has now passed away and may she rest in peace. and her family find some.

As I understand, all the men have been arrested and one of them wants the death penalty. They were drunk and moonlighting in a unlicensed private bus with tinted windows, which is illegal in Delhi and drove past several police checkpoints, but were not stopped once. They raped her to teach her a lesson because she dared go out with a male friend.

The problem with the Asian sub-continent culture is that it is just all about the men and the women are there to serve the men. Women are told to suffer in silence whilst the men do what they like and have their behaviours reinforced by not just the men, but also the women in the family, and there is absolutely no room for emotional intelligence.
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Jdm82
10:20 PM on 12/28/2012
Honestly rape should be punishable in all countrys by death. Im real liberal on almost every topic other then the death penalty. I think it needs to be fast, brutal and very absolute. Rape, drug sales, murder all capital crimes in my opinion..
05:02 PM on 12/28/2012
These men should be hounded down inprisoned, then maybe they can feel what it;s like to gang raped, they can film it put on tv as a deterent to other sick men, they have no respect for women and are no better than animals, but I bet they are Religious
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07:32 PM on 12/30/2012
You started well and then you had a poke at religion. Remember belonging to a religious tradition does not make you religious it merely labels you. I answer to only one label and that is human.
08:11 AM on 12/31/2012
Fair comment