User:Media-hound- thethird/sandbox india

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India[edit]

India's rape laws are seen as archaic,[1][2] dating from 1860.[3][4][5] . They refer to the "outraging" or "insulting" of a woman's modesty. In 1996 research into violence against Indian women showed that every 54 minutes a woman was raped, every 26 minutes a woman was molested. Every five minutes a woman was subjected to Eve teasing and every 43 minutes a woman was kidnapped and ever 103 minutes a woman was killed in a dowry death.[6]

In pre-independence India, rape was politicised with repeated reference to the failures by the British Colonial government and excuses made to not address rape. Post independence the same issue of government failure has been polarised along political divides.[7]

Cultural differences hide the nature and extent of rape. The two most common forms or rape in India have been describe as Droit du seigneur[7] or authority rape: rape of tenants rape of female employees or the female spouses of male employees. Rape of female subordinates in the workplace as well as caste related and tribal rape. Rape by police, army and the security forces is also seen a specific category. Rape and sexual violence against minors, against wives and within the family is poorly recognised. India's complex social structure is seen to prevent people of lower caste, or from rural India from having access to legal support and the Justice system.[8] The Dalit or untouchable caste have been identified as particularly vulnerable. Bias by police, medical professionals and the Judiciary concerning caste is identified as a factor. Police have been willing to accept bribes from defendants in rape cases, thwarting the legal process.[8]

In the 1992 Bhanwari Devi, Bhateri rape case,[9] the police dismissed the case citing that Devi was too old and unattractive.[8] Devi, a 40 year old health worker employed by Rajastan state government, was a member of the Kumhar or "potter" caste. She was gang raped whilst acting to prevent child marriage. On November 15 1995 a judge dismissed the case for ""conjectural" reasons".[10] He was of the opinion that only teenagers committed rape and the accused were all middle aged, that an upper caste man would not defile himself by raping a Kumhar woman. The judge was of the opinion that the accusations of rape were "Prima Fascia" impossible.[8][11] The case did lead to action by a number of groups which led to a Public Interests Petition which resulted in a Supreme Court judgement (1997) that women employees were to be protected from all forms of sexual harassment by their employers.[12] The 1995 regional court decision was appealed, with a single hearing at the Rajasthan High Court opening in 2007. The judge refused to transfer the case to the fast-track court system.[13]

In 2002 Law Professor Upendra Baxi stated that the political and government systems of India were Rape Culture.[14] Baxi produces a detailed critique of how the governance and politics of India disenfranchise women, prevent them from being able to report sexual violence along with other crime, and concludes that this sets the stage for such violence to be a "perfect crime". It does not require evidence to be suppressed, only that the victim have no recourse before the law.

Baxi stated;

"Rape culture signifies ways of doing party politics and managing governance in which brutal collective sexual assaults on women remain enclosed in contrived orders of impunity."[14]

He stated that he was obliged to speak out under the Indian Constitution[14] which obliged citizens "to renounce practices derogatory to the dignity of women;"[15] Baxi further said;

"The ‘strong’ state makes itself possible by lawless and unconstitutional exertions and endeavours. It fosters practices of national integration that remain deeply and pervasively human rights violative; it emerges for the minorities as an ‘institutionalized riot system’; it remains a - ‘state in search of a nation’ and embodies a resilient rape culture.".[16]

Baxi spoke out after the 2002 Gujarat violence. The police, regional government and state government failed to act. Independent reports highlighted how the police, local government and agencies were complicit in the violence. Some reported police taking part in “combing operations” (house-to-house searches for Muslims) while shouting, “Kill them before they are born!”.[17][18] Reports of sexual violence in many forms were widespread from verbal abuse and innuendo, exposing genitals as an act of threat through to rape, gang-rape, genital mutilation and rape murder.[17]

Prof Paul R. Brass wrote of the events highlighting the levels of sexual violence, rape and gang rape against women and children and of reports of women being killed, unborn children cut out of the uterus and the foetus symbolically killed. Relief Organisations, NGO's and international observers were hampered in their work to investigate events and assist the victims in seeking justice.[18]

in 2005, K. R. Narayanan, the tenth president of India has stated that he believed that there was a conspiracy between members of the Indian national and Gujurat regional government which empowered the 2002 Gujurat events in.[19]

Baxi was also critical of government which allows rape and gang rape to occur, be filmed and for the films to be traded in what he refers to as "Grey Markets". Baxi also highlighted the conduct of business which benefited from trading in such films.[14]

India has it's own cultural language to describe the sexual harassment of women and sexual aggression - "Eve teasing"[20]. The term Eve teasing is seen to trivialise the and empower the public sexual harassment of women.[21] It manifests as "touching, rubbing, groping, staring, pinching, slapping, display of private parts and even pornographic material.".[22] It has been a growing and known issue across India since the 1960's.[23][24] It has been linked to the emancipation of women and independence in the work place. The shift from past cultural values of women being chaperoned by a male relative to independence has allowed "Eve teasing" to grow to levels that provoke national concern[25] Eve teasing is still reported as high as 90% with only 1 in 10,000 cases being reported to police.[26] Eve teasing has been linked to the Bollywood film industry.[27]

NOTE: Citations In progress - have you ever delved in to the Indian Legal Libraries Looking for actual references .... Wow is this place dusty!

The Mathura rape case, 1974 -1981, is seen as a landmark in the field of gender justice in India. Mathura reported she was raped by two police officers inside Desai Ganj Police Station. The officers were tried at the local court and found innocent. Appeal to the Bombay High Court overturned the judgement and the two officers were convicted. This lead to an appeal to the Indian Supreme Court. There the case was overturned (1979).[28] The Supreme Court judged that as Mathura had not raised the alarm, had no injuries and was also reported to have had an ongoing sexual relationship with her Boyfriend, her reports were not credible and the officers were found innocent. Mathura's lack of alarm raising, lack of injury and perceived Loose Morals were accepted as evidence of consent. These findings promoted four young law professors, Upendra Baxi, Lotika Sarkar, Raghunath Kelkar and Vasudha Dhagamwar to issue an open letter[29] to the Chief Justice of India questioning their judgement and condemning what they believed to be an “extraordinary decision sacrificing human rights in the Indian law and the Constitution”.[29] They called for the case to be reheard before a larger bench so as to not “snuff out all aspirations for the protection of human rights of millions of Mathurars in the Indian countryside”.[29]

The letter questioned whether the supreme court had assessed the differences between consent and coercion. It also questioned the stance of the Supreme Court concerning Human Rights, The Indian Constitution and the imbalance between authorities, such as the police, and the ordinary people of India emphasising the social contexts: “the young victim’s low socio-economic status, lack of knowledge of legal rights and lack of access to legal services, and the fear complex which haunts the poor and the exploited in Indian police stations”.[29] The letter raised fundamental questions concerning the people of India, “must illiterate, labouring, politically, mute Mathuras of India be condemned to their pre-constitutional Indian fate?".[29] The letter also made it clear that the authors were highly critical when they wrote “Nothing short of protection of human rights and coonstitutionalism is at stake”.[29] Media coverage at the time with the letter being published by the media caused much debate. Eventually the Supreme Court agreed to review the case and in 1981 upheld it's own decision. The case and open letter had caused much debate that prompted some reform of Indian rape laws, with the acceptance of "custodial rape": the criminalisation of any from of sexual act between a police officer and a person in detention. Women's rights activists coined the slogan "Raped Twice, First By The Police then By the Courts", as they campaigned for legal change.[30]

NOTE: - keep finding odd omissions on cross linked India pages (Having to update as I go) .... hard to reference and collate source data! P^\

In 2004 the rape and murder of Thangjam Manorama brought wide attention to the issues of institutionalised rape.[31] The Armed Forces Special Powers Act, 1958, allowed members of the army and militias to act with virtual impunity.[32] Following the rape and murder of Thangjam Manorama a group of women brought international attention to bear by protesting naked outside the barracks of the Assam Riffles on July 15,2004.[33] Memchaoubi Devi, president of the women's rights group Porei Lemarol Meira Phaibi Apunba Manipur, stated "It is better to protest naked than allow the soldiers to kill and rape our women."[34] The women also challenged security personnel to come out of the army barracks and outrage their modesty[35], a reference to the Indian laws on rape concerning "Assault or criminal force to woman with intent to outrage her modesty"[3] - Section 354 in The Indian Penal Code, written in 1860. The authorities were also concerned with potential breaches of section 509, "insult the modesty of a woman"[4] .

Sri Ram Sena attacked a number of women in the Amnesi pub, Mangalore, on 25 January 2009 - 2009 Mangalore pub attack, which was recorded by news agencies.[36]Reaction to the growing independence of women and attempts by some to impose older cultural values led to the The Pink Chaddi Campaign (or Pink Underwear Campaign) of 2009. Sri Ram Sena, a right wing right-wing Hindu extremist group, threatened to marry off and take other action on any young couples found together on Valentine's day.[37] Women responded by having Pink Chaddi/Underwear posted from all over India to the organisation and it's members.[38]

In 2011 Rosalyn D’Mello and others launched "Please Mend The Gap" as a movement to force the authorities to enforce the law and protect women in public spaces. The movement was also to educate men about women's safety. They used flashmobs and socials networking.[39]

In response to the advent of Slutwalk in 2011, Indian Women organised 'Besharmi Morcha'('Shameless Protest'), the first event was in Bhopal on 17 July 2011. Low attendance was linked to rules at local hostels for single working women which prevented them from leaving the hostels on Sunday.[40] There was criticism of the idea of Besharmi Morcha in advance, as it was seen by many as a Westernised idea, apaing "white, educated, middle-class females in the West" and that the match did not address the realities of the lives of the majority of Indian Woman. The word slut does not translate into Indian languages.[41] An indian journalist commented "‘slut.’ It’s hard to reclaim a word that isn’t used."[39]

'Besharmi Morcha' Delhi tool place on July 31, 2011.[42] [43]Unlike other Slutwalk linked events, the Indian women protested whilst dressed modestly, in jeans and T Shirt rathern than the Sari or Shalwar kameez. A number of men attended with what was believed to be the expectation of seeing provocatively dressed women, as had occurred in other countries.[44] Actress Nafisa Ali said of india, “The laws are there to protect women but they are not manifested on ground. It becomes imperative on every Indian to show more respect towards the women,”.[40] There was criticism of some of the none Indian women who took part as they acted in culturally inappropriate ways, causing sensationalism by their dress.[45]

(citations in progress) In November 2011,Andhra Pradesh Director-General of Police V Dinesh Reddy caused controversy when he linked rape to women's dress during a live TV broadcast press conference. In 2010 reported rapes were at 1228 and by 2011 they had risen to 2191. Reddy expressed the view that the Shalwar kameez was a fashionable and more provocative form of dress compared to more traditional dress such as the Sari. He later clarified his statement indicating that the police had no control over how people dressed, even if such dress was perceived as causing or contributing to rape.

Reddy's comments were condemned by Union Home Minister P. Chidambaram, who expressed the view that the police were not responsible for policing what a person wears. (citation to follow)

Section re porn viewing by legislature in progress.

  1. ^ Pallavi Arora. "Is The Lady Of Justice Blind To The Sexual Abuse Of Minors?". mightylaws.in. Retrieved 23 May 2012.
  2. ^ Roy, Nilanjana S. (22 September 2010). "THE FEMALE FACTOR; For Indian Rape Laws, Change Is Slow to Come". The New York Times.
  3. ^ a b "THE INDIAN PENAL CODE, 1860 ACT NO. 45 OF 1860". Central Government Act Section 354. Indian Kanoon. Retrieved 22 May 2012.
  4. ^ a b "THE INDIAN PENAL CODE, 1860 ACT NO. 45 OF 1860". Section 509. Indian Kanoon. Retrieved 22 May 2012.
  5. ^ "Sections 354 & 509" (PDF). India Development Gateway.
  6. ^ Mohinder Singh (1 January 1996). Social Policy And Administration In India. M.D. Publications Pvt. Ltd. p. 87. ISBN 978-81-7533-010-8. Retrieved 22 May 2012.
  7. ^ a b Radha Kumar (1997). "8". The History of Doing: An Illustrated Account of Movements for Women's Rights and Feminism in India 1800-1990. Zubaan. p. 127. ISBN 978-81-85107-76-9. Retrieved 22 May 2012. Unknown parameter |chaptertitle= ignored (help)
  8. ^ a b c d Smita Narula (1999). Broken People: Caste Violence Against India's "untouchables". Human Rights Watch. pp. 166–178. ISBN 978-1-56432-228-9. Cite error: Invalid <ref> tag; name "Narula1999" defined multiple times with different content (see the help page).
  9. ^ Kanchan, Mathur (1992). "Bhateri Rape Case: Backlash and Protest". Economic and Political Weekly. 27 (41): 2221–2224. Unknown parameter |month= ignored (help)
  10. ^ Kang, Bhavdeep (06 Dec 1995). "Controversial Verdict". Outlookindia. Outlook Publishing (India) Pvt. Ltd. Check date values in: |date= (help)
  11. ^ Edited by Sumi Krishna (2007). Women’s Livelihood Rights: Recasting Citizenship for Development. Sage Publications. p. 378. ISBN 978-0-7619-3600-8. Unknown parameter |Section Title= ignored (help); Unknown parameter |ISBN (India-HB)= ignored (help)
  12. ^ S V Manohar, B N Kirpal (1997). "Vishaka & Ors vs State Of Rajasthan & Ors on 13 August, 1997". Supreme Court of India -. 241. Unknown parameter |month= ignored (help); Unknown parameter |SCC Ref= ignored (help)
  13. ^ Vij, Shivam (13 Oct 2007). "A Mighty Heart". Tehelka.com. Anant Media Pvt. Ltd.
  14. ^ a b c d Baxi, Upendra (2002). "THE SECOND GUJARAT CATASTROPHE". Economic and Political Weekly. 37 (34): 3519–3531. Retrieved 22 May 2012. Unknown parameter |month= ignored (help)
  15. ^ "Fundamental Duties prescribed by the Constitution of the nation under PART IV-A to its every citizen". Constitution of the nation. The Government Of India. Retrieved 22 May 2012.
  16. ^ Sudarshan, edited by Zoya Hasan, E. Sridharan, R. (2002). India's living constitution : ideas, practices, controversies. Delhi: Permanent Black. p. 54. ISBN 978-8178240350.
  17. ^ a b International Initiative for Justice in Gujarat (2003). Threatened existence: a feminist analysis of the genocide in Gujarat. Copies available at Forum Against Oppression of Women. Retrieved 22 May 2012.
  18. ^ a b "Threatened Existence: A Feminist Analysis of the Genocide in Gujarat Report by the International Initiative for Justice (IIJ) December 2003". OnlineVolunteers.org. 2003. Unknown parameter |month= ignored (help)
  19. ^ "Narayanan criticises Vajpayee for Gujarat riots". The Hindu. Mar 03, 2005. Retrieved 22 May 2012. Check date values in: |date= (help)
  20. ^ Jyoti Puri (21 June 1999). Woman, Body, Desire in Post-Colonial India: Narratives of Gender and Sexuality. Psychology Press. p. 87. ISBN 978-0-415-92128-2. Retrieved 22 May 2012.
  21. ^ Baxi, PRATIKSHA. "Sexual harassment". Seminar Publications. Retrieved 22 May 2012.
  22. ^ Manocha, Akshita (28 Aug 2011). "Menace of Eve Teasing: The Problem and the Solution". MightyLaws.in. MightyLaws.in.
  23. ^ Susan Herbel; Danena Gaines (2011). Women's Issues in Transportation: Summary of the 4th International Conference. Technical papers. Transportation Research Board. p. 75. ISBN 978-0-309-16083-4. Retrieved 22 May 2012.
  24. ^ "Foreign News: Eve-Teasing". Time Magazine. 1960-09-12. Retrieved 22 May 2012.
  25. ^ VENKATARAMAN, RAJESH (13 Apr 2004). "Controlling eve-teasing". The Hindu. Retrieved 22 May 2012.
  26. ^ Ramasubramanian, Srividya (1 January 2003). Sex Roles. 48 (7/8): 327–336. doi:10.1023/A:1022938513819 http://www.springerlink.com/content/v88l78510375v753/. Retrieved 22 May 2012. Unknown parameter |coauthors= ignored (|author= suggested) (help); Missing or empty |title= (help)
  27. ^ Shaina N C (2011-11-19). "Is it really 'eve-teasing'?". The Times Of India. Retrieved 22 May 2012.
  28. ^ Koshal, A.D. (1978). "Tuka Ram And Anr vs State Of Maharashtra on 15 September, 1978 - Equivalent citations: 1979 AIR 185, 1979 SCR (1) 810". India Supreme Court Journal. Unknown parameter |month= ignored (help)
  29. ^ a b c d e f Upendra Baxi, Lotika Sarkar, Raghunath Kelkar & Vasudha Dhaganwar (1979). "An Open Letter to the Chief Justice of India". SCC. 4.
  30. ^ Flavia; Shreemati Nathibai Damodar Thackersey Women's University. Research Centre for Women's Studies (1995). State, gender and the rhetoric of law reform. Research Centre for Women's Studies, Shreemati Nathibai Damodar Thackersey Women's University.
  31. ^ "INDIA: Torture and murder of a woman by armed forces in India". ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAM. Asian Human Rights Commission (AHRC). Retrieved 22 May 2012.
  32. ^ "An analysis of Armed Forces Special Powers Act, 1958". People\'s Union for Civil Liberties (PUCL). Retrieved 22 May 2012.
  33. ^ "Woman's death sparks protest". The Hindu. 2004-07-17. Retrieved 22 May 2012.
  34. ^ "Women Rage Against 'Rape' in Northeast India". commondreams.org. Retrieved 22 May 2012.
  35. ^ "Women give vent to naked fury in front of 17 AR at Kangla". E-Pao. Retrieved 22 May 2012.
  36. ^ Sengupta, Somini (9 February 2009). "Attack on Women at an Indian Bar Intensifies a Clash of Cultures". The New York Times. p. 5. Text "http://www.webcitation.org/68YpwLUpD" ignored (help)
  37. ^ Bangalore Bureau (06 Feb 2009). "We'll not spare dating couples on Valentine's Day: Muthalik". The Hindu. Kasturi and Sons Ltd. Check date values in: |date= (help)
  38. ^ Dhawan, Himanshi (14 Feb 2009). "'Pink chaddi' campaign a hit, draws over 34,000 members". The Times Of India. Retrieved 22 May 2012.
  39. ^ a b S. Roy, Nilanjana (14 Jun 2011). "Ready or Not, New Delhi Gets a Women's Street Protest". The New York Times. The New York Times Company.
  40. ^ a b Pereira, Aaron (2011-06-18). "Bhopal Besharmi Morcha gets lukewarm response". Hindustan Times. Retrieved 22 May 2012.
  41. ^ Dhillon, Amrit (19 Jul 2011). "'SlutWalk mocks Indian women, real issues'". Hindustan Times. HT Media Limited.
  42. ^ "Delhi stages 'Slutwalk' against sexual violence". The Hindu. 31 July 2011.
  43. ^ Hannon, Elliot (Aug. 01, 2011). "Indian Women Take SlutWalk to New Delhi's Streets". Time Inc. Check date values in: |date= (help)
  44. ^ Bhardwaj, Ananya (01 Aug 2011). "'It's a walk against the besharam men'". The Indian Express. Check date values in: |date= (help)
  45. ^ Garia, Nikita (01 Aug 2011). "Expats Find Delhi 'Slut Walk' Too Conservative". The Wall St Journal. Dow Jones & Company, Inc. Retrieved June 01, 2012. Check date values in: |accessdate=, |date= (help)