Resist the demand for hanging Juvenile!
Stand firmly behind demand for ‘Azaadi’ for Women!!
One of the offenders in the Delhi gang rape case has been determined as juvenile by the court. He is also considered to be the main accused that has meted out the most brutal treatment to the rape victim. This has understandably revived the call for 'Hang the Culprit', 'Reduce the age of Juvenile from 18 to 16 years', Chemical castration and so on. The movement against sexual violence which started after Damini gang-rape has one most strong, visible and committed stream, which has consistently taken the position that hanging the culprit, is not an option. They have instead said that what is needed is swift punishment to the culprits, reforming police and judicial administration and to address the very root of this sexual violence by hitting hard at notion of Patriarchy itself which puts men above women in societal hierarchy. As a step towards this end they have raised the slogans which demands 'Azaadi' for women in every sphere of life starting from 'home' itself. They are raising the slogans mahilayeh maange 'azaadi', deen mai, raat mai, ghar mai, padhneh keh, job keh, office mai, metro mai, shaadi karne keh azaadi, kisi sheh beh karneh keh azaadi, kapdeh pehneh keh azaadi and so on. These slogans basically go at the very root of patriarchy which seeks to control women in the name of protecting them. These slogans also challenge those who blame the victims of sexual violence for gruesome acts. Those who are saying hang the culprit including juvenile generally shy away from raising these slogans. Why? It is because they very simplistically and to an extent deliberately see sexual violence as an individual phenomenon or aberration and thinks that those who violate these social norms are animals and deserve to be hanged! Are they really animals, the hanging of whom will cleanse the society from the vice of patriarchy which seeks to curtail, restrict and control women independent decision making in every possible way and not just through sexual violence?
The 'theory' that hanging will create a deterrent suffers from the basic lacunae since it fails to appreciate that legal deterrent effect too can only be ensured by systemic changes in the way that complaints of sexual offences is registered, investigated and prosecuted in the police and judicial system and not by one-off hanging in many years. One of the major reasons for delay in rendering justice in sexual offences too boils down to the fact that vice of patriarchal notion is very much ingrained in the mindset of police and judicial administration and tend to get reflected frequently in their irresponsible statements which blames victims of sexual violence themselves for the crimes. Unless these officers are made legally accountable for their patriarchal utterances, no timely justice can be hoped. So any deterrent that is required to be put in place first is against the patriarchal mindset in police and judicial administration, which only can ensure timely justice for victims of sexual violence in systemic way in all cases. If through such changes justice is ensured in majority of cases in time bound manner than only legal deterrent will be effective by increasing the conviction rate which is at shamelessly low level of 26 percent in rape cases in 2011 even if punishment only amounts to minimum sentence of seven years in case of rape. 'Hang the rapist' protagonist tries to put horse before cart by arguing that one-off hanging will become a deterrent.
On expected lines, protagonists of hanging the juvenile are running away from taking the position that Justice J.S. Verma Committee report should be implemented in entirety. The report has key recommendations which ensure justice for women in case of different forms of sexual assault by recognizing new forms of sexual violence. The report also recommends to recognize marital rape legally for the first time in the history of the independent India and seeks to bring the Army men who are guilty of hundreds of brutal rapes and murders of women in Kashmir and North-East within the ambit of ordinary law by removing impunity enjoyed by them under draconian acts like AFSPA. RSS Chief Mohan Bhagwat and self appointed Godman Aasaram have already attracted the ire of people for their patriarchal statements. There statements were very near to the defence lawyer of the accused of the Delhi gang rape case who has the audacity even after this horrific incident to say that in India women with ‘honour’ don’t get rapped! When these people are attacked for making statements blaming the victims and in the process defending the accused, they generally take the defence that how can we be against women, we stand for hanging the rapist!! People standing firmly for the movement against sexual violence and for ‘Azaadi’ for women needs to understand and expose this politics which tires to sustain patriarchal values in society by hiding behind demand for hanging the rapist.
Some people are arguing that the guilty was just few months short of 18 years, so exception should be made in this case. This is legally untenable as laws are made for all with the tenant that everyone is equal in front of law. Secondly, if age be reduced from 18 to 16 years, what is the guarantee that such demands wouldn’t arise again to reduce the age even below 16 years in some other incident. What would be the minimum age limit for hanging then? Moreover, such demands fails to address (and in fact attempts to hide) the basic vice of patriarchy prevalent in the society which creates the misogynist responsible for these brutal crimes but tries to pinpoint and centre the brutal crime on an ‘individual’ in an attempt to maintain complete silence on the question of much needed social transformation in attitude towards women.
The Verma committee too has opined against the demands for hanging the rapist, reducing the age of juvenile and chemical castration after thorough, reasoned and in-depth analysis. If one try to draw an analogy even if not perfect such demands is like Talibani and Saudi Arabian brutal practice of mutilating the penis of rapist but can anyone say that this medieval system of justice has been able to ensure ‘Azaadi’ for half the population in those places!!
The need of the hour for the movement against sexual violence and for 'azaadi' for women thus boils down to identify and pin down the voices of patriarchy which are raising their ugly head by raising the superficial and inhuman demand of hanging the juvenile to deflect the demand for ‘Azaadi’ which can at the moment be best addressed by standing firmly behind the demand for implementation of J.S. Verma Committee report on which ruling establishment have maintained complete silence.
Defeat this 'politics of silence' of ruling establishment by standing firmly behind the demand for implementation of J.S. Verma Committee report in entirety.
Stand firmly behind demand for ‘Azaadi’ for Women!!
One of the offenders in the Delhi gang rape case has been determined as juvenile by the court. He is also considered to be the main accused that has meted out the most brutal treatment to the rape victim. This has understandably revived the call for 'Hang the Culprit', 'Reduce the age of Juvenile from 18 to 16 years', Chemical castration and so on. The movement against sexual violence which started after Damini gang-rape has one most strong, visible and committed stream, which has consistently taken the position that hanging the culprit, is not an option. They have instead said that what is needed is swift punishment to the culprits, reforming police and judicial administration and to address the very root of this sexual violence by hitting hard at notion of Patriarchy itself which puts men above women in societal hierarchy. As a step towards this end they have raised the slogans which demands 'Azaadi' for women in every sphere of life starting from 'home' itself. They are raising the slogans mahilayeh maange 'azaadi', deen mai, raat mai, ghar mai, padhneh keh, job keh, office mai, metro mai, shaadi karne keh azaadi, kisi sheh beh karneh keh azaadi, kapdeh pehneh keh azaadi and so on. These slogans basically go at the very root of patriarchy which seeks to control women in the name of protecting them. These slogans also challenge those who blame the victims of sexual violence for gruesome acts. Those who are saying hang the culprit including juvenile generally shy away from raising these slogans. Why? It is because they very simplistically and to an extent deliberately see sexual violence as an individual phenomenon or aberration and thinks that those who violate these social norms are animals and deserve to be hanged! Are they really animals, the hanging of whom will cleanse the society from the vice of patriarchy which seeks to curtail, restrict and control women independent decision making in every possible way and not just through sexual violence?
The 'theory' that hanging will create a deterrent suffers from the basic lacunae since it fails to appreciate that legal deterrent effect too can only be ensured by systemic changes in the way that complaints of sexual offences is registered, investigated and prosecuted in the police and judicial system and not by one-off hanging in many years. One of the major reasons for delay in rendering justice in sexual offences too boils down to the fact that vice of patriarchal notion is very much ingrained in the mindset of police and judicial administration and tend to get reflected frequently in their irresponsible statements which blames victims of sexual violence themselves for the crimes. Unless these officers are made legally accountable for their patriarchal utterances, no timely justice can be hoped. So any deterrent that is required to be put in place first is against the patriarchal mindset in police and judicial administration, which only can ensure timely justice for victims of sexual violence in systemic way in all cases. If through such changes justice is ensured in majority of cases in time bound manner than only legal deterrent will be effective by increasing the conviction rate which is at shamelessly low level of 26 percent in rape cases in 2011 even if punishment only amounts to minimum sentence of seven years in case of rape. 'Hang the rapist' protagonist tries to put horse before cart by arguing that one-off hanging will become a deterrent.
On expected lines, protagonists of hanging the juvenile are running away from taking the position that Justice J.S. Verma Committee report should be implemented in entirety. The report has key recommendations which ensure justice for women in case of different forms of sexual assault by recognizing new forms of sexual violence. The report also recommends to recognize marital rape legally for the first time in the history of the independent India and seeks to bring the Army men who are guilty of hundreds of brutal rapes and murders of women in Kashmir and North-East within the ambit of ordinary law by removing impunity enjoyed by them under draconian acts like AFSPA. RSS Chief Mohan Bhagwat and self appointed Godman Aasaram have already attracted the ire of people for their patriarchal statements. There statements were very near to the defence lawyer of the accused of the Delhi gang rape case who has the audacity even after this horrific incident to say that in India women with ‘honour’ don’t get rapped! When these people are attacked for making statements blaming the victims and in the process defending the accused, they generally take the defence that how can we be against women, we stand for hanging the rapist!! People standing firmly for the movement against sexual violence and for ‘Azaadi’ for women needs to understand and expose this politics which tires to sustain patriarchal values in society by hiding behind demand for hanging the rapist.
Some people are arguing that the guilty was just few months short of 18 years, so exception should be made in this case. This is legally untenable as laws are made for all with the tenant that everyone is equal in front of law. Secondly, if age be reduced from 18 to 16 years, what is the guarantee that such demands wouldn’t arise again to reduce the age even below 16 years in some other incident. What would be the minimum age limit for hanging then? Moreover, such demands fails to address (and in fact attempts to hide) the basic vice of patriarchy prevalent in the society which creates the misogynist responsible for these brutal crimes but tries to pinpoint and centre the brutal crime on an ‘individual’ in an attempt to maintain complete silence on the question of much needed social transformation in attitude towards women.
The Verma committee too has opined against the demands for hanging the rapist, reducing the age of juvenile and chemical castration after thorough, reasoned and in-depth analysis. If one try to draw an analogy even if not perfect such demands is like Talibani and Saudi Arabian brutal practice of mutilating the penis of rapist but can anyone say that this medieval system of justice has been able to ensure ‘Azaadi’ for half the population in those places!!
The need of the hour for the movement against sexual violence and for 'azaadi' for women thus boils down to identify and pin down the voices of patriarchy which are raising their ugly head by raising the superficial and inhuman demand of hanging the juvenile to deflect the demand for ‘Azaadi’ which can at the moment be best addressed by standing firmly behind the demand for implementation of J.S. Verma Committee report on which ruling establishment have maintained complete silence.
Defeat this 'politics of silence' of ruling establishment by standing firmly behind the demand for implementation of J.S. Verma Committee report in entirety.
No comments:
Post a Comment