Indian Media Narratives in Gang Rape
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Role of Indian Judiciary in Protecting the Rights of the Victim of Rape: an Overview
[ VOLUME 4 I ISSUE 4 I OCT. – DEC. 2017] E ISSN 2348 –1269, PRINT ISSN 2349-5138 Role of Indian judiciary in protecting the rights of the victim of Rape: An Overview Aarti Sharma Assistant Professor Law Department, University of Jammu, Jammu. Email id: [email protected] Received Oct. 16, 2017 Accepted Dec. 09, 2017 General Introduction Rape is unique among all crimes due to the treatment meted out to the victims of rape.1 They pay a double price, where they suffer the terrible toll of physical and psychological injury and they also suffer the burden of defending the legitimacy of their suffering.2 The criminal justice system moves with the attitude of disbelief and hostility and treats the victim with suspicion instead of sympathy. Judgments in cases of sexual violence relating to women reveal a deep rooted gender bias in the judiciary which has found expressions in many ways, with judges making harsh, disparaging and unwarranted remarks against women, believing the accused while disbelieving the victim and at times being more sympathetic to the accused than the victim.3 The biased judicial approach is reflected in the tendency of the courts in according to undue benefit of doubt to the accused while overly scrutinizing the conduct and character of the victim. Barring a few decisions, generally undue sympathy is exhibited by the judges to the accused, while imposing the sentence. Many a times, very vague reasons have been considered by the courts, e.g., young or old age of the accused, the time lapse between the date of commission of crime and the award of sentence by the courts etc, for providing lenient and lesser punishment to the accused.4 It is true that judges are not free from human frailties and are subject to prejudices, hostilities and other human problems that may colour their interpretations. -
Structural Violence Against Children in South Asia © Unicef Rosa 2018
STRUCTURAL VIOLENCE AGAINST CHILDREN IN SOUTH ASIA © UNICEF ROSA 2018 Cover Photo: Bangladesh, Jamalpur: Children and other community members watching an anti-child marriage drama performed by members of an Adolescent Club. © UNICEF/South Asia 2016/Bronstein The material in this report has been commissioned by the United Nations Children’s Fund (UNICEF) regional office in South Asia. UNICEF accepts no responsibility for errors. The designations in this work do not imply an opinion on the legal status of any country or territory, or of its authorities, or the delimitation of frontiers. Permission to copy, disseminate or otherwise use information from this publication is granted so long as appropriate acknowledgement is given. The suggested citation is: United Nations Children’s Fund, Structural Violence against Children in South Asia, UNICEF, Kathmandu, 2018. STRUCTURAL VIOLENCE AGAINST CHILDREN IN SOUTH ASIA ACKNOWLEDGEMENTS UNICEF would like to acknowledge Parveen from the University of Sheffield, Drs. Taveeshi Gupta with Fiona Samuels Ramya Subrahmanian of Know Violence in for their work in developing this report. The Childhood, and Enakshi Ganguly Thukral report was prepared under the guidance of of HAQ (Centre for Child Rights India). Kendra Gregson with Sheeba Harma of the From UNICEF, staff members representing United Nations Children's Fund Regional the fields of child protection, gender Office in South Asia. and research, provided important inputs informed by specific South Asia country This report benefited from the contribution contexts, programming and current violence of a distinguished reference group: research. In particular, from UNICEF we Susan Bissell of the Global Partnership would like to thank: Ann Rosemary Arnott, to End Violence against Children, Ingrid Roshni Basu, Ramiz Behbudov, Sarah Fitzgerald of United Nations Population Coleman, Shreyasi Jha, Aniruddha Kulkarni, Fund Asia and the Pacific region, Shireen Mary Catherine Maternowska and Eri Jejeebhoy of the Population Council, Ali Mathers Suzuki. -
Seven Years of Nirbhaya What Has Been Change Kumari Anupama Rai Abstract
© 2020 JETIR April 2020, Volume 7, Issue 4 www.jetir.org (ISSN-2349-5162) Seven Years of Nirbhaya What Has Been Change Kumari Anupama Rai Abstract In this study I have examine the rape trends and situation after NIRBHAYA CASE in India. Present study used National Crime Record (NCRB) India data. Data on crimes in India are annually published by the NCRB. Crimes reported to police station all over country and refer to report and register crime. The reasons of incidents of crime are not capture by the Bureau. NCRB gives data on the basis of police recorded crime cases are being captured. In this study I have gone through the major reason behind, effect on society and what changes can be made. Rape is the fastest growing crime in India1 as compared to other crime incidence of women. Also I have uncovered some unknown rape crime that took place in the society on the name of reputation, to the depressed class woman (economically), of the working women either private sector or government sector. Meaning of RAPE From the latin word rape is define as the rapio, it means ‘to seize’. It signifies as the ravishment against her will or without her consent, or with her consent by putting her in fear, danger. Rape is the fourth highest crime committed in India. Rape has been defined under section 375 of INDIAN PENAL CODE 18602. Not less than 7 years of punishment are awarded for rape; before the Criminal Amendment Act of 2018. Prior to 2005, there was less rape in India. -
Legitimate Concern: the Assault on the Concept of Rape
View metadata, citation and similar papers at core.ac.uk brought to you by CORE provided by Via Sapientiae: The Institutional Repository at DePaul University DePaul University Via Sapientiae College of Liberal Arts & Social Sciences Theses and Dissertations College of Liberal Arts and Social Sciences 9-2013 Legitimate concern: the assault on the concept of rape Matthew David Burgess DePaul University, [email protected] Follow this and additional works at: https://via.library.depaul.edu/etd Recommended Citation Burgess, Matthew David, "Legitimate concern: the assault on the concept of rape" (2013). College of Liberal Arts & Social Sciences Theses and Dissertations. 153. https://via.library.depaul.edu/etd/153 This Thesis is brought to you for free and open access by the College of Liberal Arts and Social Sciences at Via Sapientiae. It has been accepted for inclusion in College of Liberal Arts & Social Sciences Theses and Dissertations by an authorized administrator of Via Sapientiae. For more information, please contact [email protected]. Legitimate Concern: The Assault on the Concept of Rape A Thesis Presented in Partial Fulfillment of the Requirements for the Degree of Master of Arts By Matthew David Burgess June 2013 Women’s and Gender Studies College of Liberal Arts and Sciences DePaul University Chicago, Illinois 1 Table of Contents Introduction……………………………………………………………………………………….3 A Brief Legal History of Rape………………………………………………………………….....6 -Rape Law in the United States Prior to 1800…………………………………………….7 -The WCTU and -
Rape Culture in Society and the Media
Rape Culture in Society and the Media February 28, 2012 COPY Elisabeth Wise WomenNC NOTCSW 2013 Fellowship DO Abstract Sexual violence is a pervasive problem not only in the United States, but also throughout the world, with women and young girls being assaulted every day. Rape can occur at the hands of a stranger, an acquaintance or intimate, family member, or be used as a tool of war. In fact violence against women is one public health issue that transcends all borders – women and girls of any socioeconomic class are affected dissimilar from many public health issue, which are divided into global north and global south. Definition of rape and rape culture Rape statutes have changed throughout the years and can vary in definition; however is essentially defined as vaginal, oral, or anal penetration by the penis, finger, or any other object without consent of the other person. The Federal Bureau of Investigations (F.B.I.) recently changed its definitionCOPY of rape for the Uniform Crime Reports, which collects reported crime data from police around the country. The definition of consent is also imperative in understanding rape, as there are different legal definitions of consent and when someone can give consent. The law recognizes two kinds of consent: expressedNOT and implied. Expressed consent is one that is directly given, either verbally or in writing, and clearly demonstrates an accession of will of the individual givingDO it. Implied consent is indirectly given and is usually indicated by a sign, an action, or inaction, or a silence that creates a reasonable presumption that an acquiescence of the will has been given. -
Domestic Violence Against Women in India: a Case Study
DOMESTIC VIOLENCE AGAINST WOMEN IN INDIA: A CASE STUDY ABSTRACT OF THE /^C THESIS SUBMITTED FOR THE AWARD OF THE DEGREE OF fioctor of $I)ilDs;opl)p •^ ^'^ IN (, POLITICAL SCIENCE BY RAHAT ZAMANI Under the Supervision of Dr. Rachana Kanshal DEPARTMENT OF POLITICAL SCIENCE ALJGARH MUSLIM UNIVERSITY ALIGARH (INDIA) 2009 ABSTRACT Today human beings live in the so-called civilized and democratic society that is based on the principles of equality and freedom for all. It automatically results into the non-acceptance of gender discrimination in principle. Therefore, various International Human Rights norms are in place that insist on the elimination of all forms of discrimination against women and advocate equal rights for women. Womens' year, women decade etc. are observed that led to the creation of mass awareness and sensitization of people about rights of women. Many steps are taken by the government in the form of various policies and programmes to promote the status of women and to realize women's rights. But despite all the efforts, the basic issue that threatens and endangers the very existence of women is the issue of domestic violence against women. John Stuart Mill put it into his book 'the subjection of women' in 1869 that, 'marriage should be thought of as a partnership of equals analogous to a business partnership and the family not a school of despotism but the real school of the virtues of freedom'. Contrary to this women who constitute about half of the world's population are the worst victim of violence and exploitation within home. -
Investigation of Cases on Crime Against Women & Gender Sensitization (10 Days)
INVESTIGATION OF CASES ON CRIME AGAINST WOMEN & GENDER SENSITIZATION (10 DAYS) Date/Day 0930‐1045 Hrs. 1100‐1215 Hrs. 1215‐1330 Hrs. 1430‐1500 Hrs. 1500‐1615 Hrs. 1630‐1745 Hrs. 1st Day Registration and Status of women – Various kinds of Offence Experience Overview of different laws relating to Crime Inauguration present and past. committed against women Sharing Against Women other than IPC offences (Laws Social psychological in India (NCRB data) related to Succession / marriage Hindu Marriage and economic Overview of IPC provisions Act, Hindu Succession Act, Child Marriage status of women in relating to Crime Against Restraint Act –Muslim Laws ; MTP Act, 1971 India Women Parental Diagnostic Techniques Prevention Act etc.) 2nd Day An overview of Investigation of Importance of Dying Training Film Simulation Exercise on Bride Burning Domestic Violence act cases u/s 498 A IPC declaration. and role of Police and Dowry death Magisterial Inquest .and officers cases. importance of autopsy Registration of FIR, examination. Common seizure of evidences queries to be asked. 3rd Day Investigation of cases of Kidnapping & Investigation of cases Case Study Cyber Crime against woman including Cyber abduction for specified purposes( 363 IPC‐373 relating to female feticide, Pornography. Minor Acts like Indecent IPC) infanticide. Representation of Women Prohibition Act, Discussion with case studies. 1986.Pedophilia 4th Day Investigation of other forms of cases‐Acid Latest amendments in Case Study Police behavior towards women victim throwing, eve teasing, stalking, outraging of different provisions of witnesses and accused (Role Play) – Need for modesty. Recent Changes in the Law. laws dealing with the change offences against women 5th Day Registration of FIR in Medical Investigation of Rape case study Simulation exercise on a Case rape with murder Rape cases with examination of the cases. -
Gender Violence in India: a Prajnya Report 2020
2020 1 GENDER VIOLENCE IN INDIA 2020 A Prajnya Report This report is an information initiative of the Gender Violence Research and Information Taskforce at Prajnya. This year’s report was prepared by Kausumi Saha whose work was supported by a donation in memory of R. Rajaram. It builds on previous reports authored over the years by: Kavitha Muralidharan, Zubeda Hamid, Shalini Umachandran, S. Shakthi, Divya Bhat, Titiksha Pandit, Mitha Nandagopalan, Radhika Bhalerao, Jhuma Sen and Suchaita Tenneti. We gratefully acknowledge the contribution and support of Gynelle Alves who has designed the report cover since 2009. © The Prajnya Trust 2020 2 CONTENTS GLOSSARY ................................................................................................................................................. 3 ABOUT THIS REPORT ................................................................................................................................ 5 GENDER VIOLENCE IN INDIA: STATISTICAL TABLE .................................................................................... 6 1. THE POLITICS OF SEXUAL AND GENDER-BASED VIOLENCE AGAINST DALIT WOMEN ....................... 12 2. PRE-NATAL SEX SELECTION / FEMALE FOETICIDE .............................................................................. 18 3. CHILD MARRIAGE, EARLY MARRIAGE AND FORCED MARRIAGE ........................................................ 24 4. HUMAN TRAFFICKING ....................................................................................................................... -
1 Rape Culture and Social Media: Young Critics and a Feminist
1 Rape Culture and Social Media: Young Critics and a Feminist Counterpublic Sophie Sills, [email protected] Chelsea Pickens, [email protected] Karishma Beach, [email protected] Lloyd Jones, [email protected] Octavia Calder-Dawe, [email protected] Paulette Benton-Greig, [email protected] Nicola Gavey, [email protected] (corresponding author) School of Psychology, University of Auckland Private Bag 92019, Auckland, New Zealand This study was supported in part by the Marsden Fund Council from New Zealand Government funding, administered by the Royal Society of New Zealand, and by the University of Auckland. Accepted for publication, Feminist Media Studies, November 2015, to be published in 16(6) 2016 2 Abstract Social media sites, according to Rentschler (2014) can become both “aggregators of online misogyny” as well as key spaces for feminist education and activism. They are spaces where ‘rape culture’, in particular, is both performed and resisted, and where a feminist counterpublic can be formed (Salter 2013). In this New Zealand study, we interviewed 17 young people (16-23 years) who were critical of rape culture about their exposure and responses to it on social media and beyond. Participants described a ‘matrix of sexism’ in which elements of rape culture formed a taken-for-granted backdrop to their everyday lives. They readily discussed examples they had witnessed, including victim-blaming, ‘slut- shaming’, rape jokes, the celebration of male sexual conquest, and demeaning sexualized representations of women. While participants described this material as distressing, they also described how online spaces offered inspiration, education and solidarity that legitimated their discomfort with rape culture. -
Campaign Against Rape by Women's Movement in India
Campaign against Rape by Women’s Movement in India by Vibhuti Patel* Abstract: The entire public debate arising out of the recent Delhi gang rape incident has centered round the issues of “enacting a strong law” and “prescribing harsher sentence”. It has failed to recognize more basic issues – the enormous social obstacles encountered in registering complaints, in the conduct of thorough investigation, in the protection of witnesses, in fast and efficacious prosecution and in unbiased adjudication – in other words, the issues of implementation of the law, and judicial machinery – which necessarily precede sentence. The debate has also largely failed to take into account the deeply patriarchal character of our social institutions, and law enforcement machinery which render women vulnerable to violence in the family, in the larger community, in their work places and public places. In this representation, there is a need to focus on the even more serious situation that arises when patriarchal attitudes are reinforced by caste, communal and class inequalities or perpetrated by the state, that is, when sexual violence is inflicted as a part of an assault by a dominant community as in a caste attack or communal riot; or when sexual violence is inflicted on women in custody in a police lock-up or jail or state institution; and when sexual violence is perpetrated by the police, security forces or army. Introduction New ordinance on Sexual Violence has been given ascent by the President of India today. Thousands of individuals and groups made online submissions asking for a comprehensive law that prohibits sexual violence, while ensuring an efficient criminal justice system. -
Metoo and the Promise and Pitfalls of Challenging Rape Culture Through
#MeToo and the Promise and Pitfalls of Challenging Rape Culture through Digital Feminist Activism Kaitlynn Mendes, University of Leicester Jessica Ringrose, University of London, Institute of Education Jessalynn Keller, University of Calgary On 24th October 2017, the #MeToo hashtag began trending on Twitter. Although the phrase was initiated by African American women’s rights activists Tarana Burke in 2006, it gained widespread attention when actress Alyssa Milano used it as a Twitter hashtag in response to allegations of sexual assault by Hollywood producer Harvey Weinstein. Through the #MeToo hashtag, Milano encouraged members of the public to join in to showcase the magnitude of the problem of sexual violence. Capturing both public and media attention, the hashtag was used 12 million times in the first 24 hours alone (CBS, 2017). Since 2014, we have been studying the ways feminists have increasingly turned to digital technologies and social media platforms to dialogue, network and organise against contemporary sexism, misogyny and rape culture (see Mendes et al., forthcoming).i As a research team the sheer volume of attention paid towards this hashtag took us by surprise, but the fact survivors took to social media to share their experiences and engage in a ‘call-out culture’ resonated strongly with our research findings over the past three years. Although #MeToo is perhaps one of the most high-profile examples of digital feminist activism we have yet encountered, it follows a growing trend of the public’s willingness to engage with resistance and challenges to sexism, patriarchy and other forms of oppression via feminist uptake of digital communication. -
Study on Judicial Approach Towards Child Sexual Abuse in India with Special Reference to Pre and Post Pocso Law in India
GAP BODHI TARU A GLOBAL JOURNAL OF HUMANITIES ( ISSN – 2581-5857 ) Impact Factor: SJIF - 5.171, IIFS - 5.125 Globally peer-reviewed and open access journal. STUDY ON JUDICIAL APPROACH TOWARDS CHILD SEXUAL ABUSE IN INDIA WITH SPECIAL REFERENCE TO PRE AND POST POCSO LAW IN INDIA Dr. Rekha Pahuja Assistant Professor S.S. Maniyar Law College, Jalgaon North Maharashtra University, Jalgaon Mob no: 8554040542 Email id: [email protected] “Survivors of abuse show us the strength of their personal spirit every time they smile.” -Jeanne McElvaney Abstract The Social problem of Child Sexual Abuse has been happening for centuries but however it has very recently been acknowledged as a problem in India. Therefore, special law that is Protection of Children against Sexual Offences (POCSO) 2012 has been enacted by the Parliament which criminalizes range of acts including child rape, sexual harassment, and exploitation for pornography etc.. Child Sexual Abuse can be done by touching private parts, taking obscene photos, showing pornography pictures or other such material to child etc. In India, sexual abuse against girl child has added fuel to the fire and it had made its place in one of the hot topic for debate and research in India. The present article therefore, discusses the need for enactment of POCSO Law, its provisions in brief and more importantly the judicial approach towards child sexual abuse cases pre and post POCSO Law in India and its efficacy. INTRODUCTION The Protection of Children from Sexual Offences (POCSO) Act, 2012 deals with sexual offences against persons below 18 years of age, who are deemed as children.