Feminism and Its Discontents: Punishing Sexual Violence in India

Abstract

Following the infamous gang rape of a young woman in New Delhi in 2012, India introduced a host of legislative reforms, including harsh punishments for sexual offences. Indian feminist groups, though invested in some of these reforms, have been critical of the carceral approach, but other than denouncing the death penalty, they have largely abstained from conversations around appropriate punishments for sexual crimes. Mapping the responses of feminist groups to the J. S. Verma Committee, this article underscores inconsistencies between the positions on defining sexual offences on the one hand and suggesting appropriate punishments on the other. It argues that the absence of engagement around complex issues of criminal law and sentencing not only left feminists divided on the outcome in Mahmood Farooqui’s case but also revealed unintended consequences of the newly introduced law on rape. The article concludes by questioning the use of criminal law as a site for feminist reform.

An Unjust Mercy: Locating the Illegalities in the Release of the Convicts in the Bilkis Bano Case

“…It has been argued that the shifting contours of life imprisonment highlight, on the one hand, a consolidation of the state’s punitive powers in the context of sexual violence (Dash, 2021), and, on the other, a gradual abdication of its investment in penological processes of reform and rehabilitation (Kanjilal, 2018).…”

“…It also reflects a growing emphasis on harsher and longer sentences in state policy, with several state governments introducing new remission policies that render certain categories of life sentenced convicts ineligible for release. 8 It has been argued that the shifting contours of life imprisonment highlight, on the one hand, a consolidation of the state's punitive powers in the context of sexual violence (Dash, 2021), and, on the other, a gradual abdication of its investment in penological processes of reform and rehabilitation (Kanjilal, 2018).…”

Ten Years Since Nirbhaya: A Critical Analysis of Retributive Justice in Addressing Sexual Violence

“…As we highlighted earlier, addressing sexual violence as an 'individual' problem, while ignoring the sociocultural and community context it is embedded in does not seek to serve the larger systemic and structural issues. The active role of grassroots organisations, women's rights groups and feminist movement in India in confronting and tackling such issues and influencing and informing legislation about the role of the criminal justice system has always been of fundamental importance (Dash, 2021) It is high time to recognise this invaluable contribution therefore and work in tandem to strengthen the partnership between the grassroots movement, civil society, the third sector, State and the institutions of the criminal justice system to be able to address the larger structural issues while also dealing with cases of sexual violence in a more holistic and promising way.…”

Sexual abuse and its impact on the well-being of women: evidence from India

“…In the past five years, the problem of sexual abuse has attracted social scientists from different regions of the world including India. Many studies (Choudhury and Deb, 2018; Tarzia et al , 2018; Nieder et al , 2019; John, 2020; Borumandnia, 2020; Dash, 2021; Dworkin, 2021; Vinnakota et al , 2021; Gómez, 2022; Chopin et al , 2022; Henry et al , 2022) related to sexual abuse have been done and are being done in India and outside of India. According to these studies, the cases of sexual abuse are increasing very fast in the society.…”