Delhi rape case: exploring the fault linesRajashree Ghosh, Resident Scholar

Women’s Studies Research Center, Brandeis University

December 4, 2013

Approaching the issueViolence against women in Delhi

Nation

World

Violence against women: world over 35 per cent of women worldwide have experienced either physical and/or sexual intimate partner

violence or non-partner sexual violence

In Australia, Canada, Israel, South Africa and

the United States, intimate partner

violence accounts for between 40 and

70 per cent of female murder

victims

20,000 to 50,000 women were raped during the 1992–

1995 war in Bosnia and Herzegovina;

250,000 to 500,000 women and girls were targeted in

the 1994 Rwandan genocide

40 and 50 per cent of women in

European Union countries

experience unwanted sexual

advances, physical contact or other forms of sexual

harassment at work

In the United States, 83 per cent of girls aged 12 to

16 have experienced some

form of sexual harassment in

public

Source: UN Women

CEDAW Defines violence against women as “any act of

gender-based violence that results in, or is likely to result in, physical, sexual or psychological harm or suffering to women, including threats of such acts, coercion or arbitrary deprivation of liberty, whether occurring in public or in private life.” 

Constitutional guarantees (India) Articles 14 and 15 of the Constitution of India adopted in)

prohibits discrimination by the state “on grounds only of religion, race, caste, sex, place of birth or any of them”. Article 15(3) of the Constitution permits the State to make special provisions with respect to women and children Section 375, 376, 376 A-D IPC deal with rape.

Marital Rape – is an exception under the IPC if the wife is under 15 years of age

Anti dowry, sati Sex selective abortions (Female feticide)

Emergence of public protest

Credit: Indian Express

Protest: Outrage expressed by men

Credit: BBC

Police response and actionWater canons and tear gas inflicted on protesters

Credit: Hindu Business Line

Police presence and road closures

Protesters were not allowed within the limits of the government centers such as the India Gate. Metro trains were stopped from functioning. The protesters moved to another location, Jantar Mantar, an ancient observatory and a site for popular demonstrations.

Credit: India Ink

Sheila Dikshit: Chief Minister, Delhi

• Migrants “…. come into Delhi, commit a crime and just run back again.”

• My own daughter is unsafe…” and further “I am not satisfied with the law and order.”

Neeraj Kumar: Police Commissioner

“…. in 97% of rape cases in India, the perpetrator is known to the victim. These are opportunistic crimes. The question of the police preventing these rapes does not arise. You cannot go into people's bedrooms and houses.” Photo credit: India Today

Poster allegedly released by Delhi police

After school, go home directly.

If going out, inform parents. If going to any friend's place inform parents. The bag should contain a piece of paper with their address and phone number. Do not talk to strangers or take lift from them. Do not go out of school premises without teachers' permission. Do not take food, cold drinks or gifts from strangers.

Number of rapes in India (WSJ/India)

Who are the perpetrators? http://www.youtube.com/watch?v=pCVcKUTVyKs

Mathura case 1972 Rape of minor by police

Custodial rapes punishable by law

Tarvinder Kaur 1979Two hundred women mobilized to march in

the streets Anti dowry laws

Roop Kanwar 1987

Public outcry - antiquated practice of

Sati Sati Prevention Act

Bhanwari Devi (1991)

Thousands of women joined in protest

Sexual Harassment at Workplace (Bill, 2010

To: Sheila Dikshit,, Chief Minister of Delhi; Sushil Kumar Shinde, Home Minister; Sonia Gandhi, President, Congress Party 

We urge you to recognize that violence against women is a serious crime.

We demand that the offenders be prosecuted and brought to justice. Sexual assault of any kind be deemed a palpable non baliable crime in the eyes of law. That victims of such heinous acts be treated with dignity and respect. Women anywhere should feel safe whether at home, out in public spaces and at work. 

There is imminent need to increase funding for forensic investigations, upgrading training of police to deal with sexual crimes, and making expert post-trauma support available to victims.

The onus of proving the crime should not be on the victim but on the perpetrator.

http://www.youtube.com/watch?v=VCIOh622IuM

http://www.youtube.com/watch?v=7s0SWUS18N8