Violence, Protest and Change: A Socio-Legal Analysis of Extraordinary Mobilization after the 2012 Delhi Gang Rape Case (original) (raw)
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International Journal for Crime, Justice and Social Democracy, 2014
The brutal gang rape of a physiotherapy student in India in December 2012 drew the world’s attention to the problem of sexual violence against women in the country. Protests and mass public reaction towards the case pressurized the government to respond to the crisis by changing the laws on sexual violence. However, these new laws have not led to a decrease in VAW. Is this the result of the failure of the rule of law? Or does it highlight the limitations of law in absence of social change? This paper addresses the need for using law as a key tool in addressing violence against women in India. It recognizes that unless we address the structural and root causes of violence against women, our analysis will be limited. It is important to bridge the creation of new laws, with an analysis that speaks to the role of hypermasculinity, neoliberalism and culture in VAW. If unaddressed, what may result instead are quick fixes, symbolized by passing laws that act as token gestures, rather tha...
A Reflection on Gang Rape in India: What's Law Got to do with it?
International Journal for Crime, Justice and Social Democracy, 2014
Abstract The brutal gang rape of a physiotherapy student in India in December 2012 drew the world’s attention to the problem of sexual violence against women in that country. Protests and mass public reaction towards the case pressurized the government to respond to the crisis by changing the laws on sexual violence. However, these new laws have not led to a decrease in violence against women (VAW). Is this the result of the failure of the rule of law? Or does it highlight the limitations of law in absence of social change? This paper addresses the need for using law as a key tool in addressing violence against women in India. It recognizes that unless we address the structural and root causes of violence against women, our analysis will be limited. It is important to bridge the creation of new laws, with an analysis that speaks to the role of hypermasculinity, neoliberalism and culture in VAW. If unaddressed, what may result instead are quick fixes, symbolized by the passing of new laws that act as token gestures rather than ones leading to transformative action. Keywords India; gang‐rape; law; hypermasculinity; political economy;
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Udayana Journal of Law and Culture
The problem of violence perpetrated against women in India is not simple. It is embroiled in the historical subjugation of the ‘weaker sex.’ Women have been unable to claim equality in society despite mandatory provisions in the Constitution of India and other legislations in their favour. Despite numerous amendments to the Indian criminal law, rape, one of the most heinous crimes, continues to be committed in India at an alarming rate. The law on Rape in India has undergone three phases of amendments, and all precipitated in the aftermath of public fury on account of brutal and heinous incidents of rape. This paper employs the socio-legal approach to assess the efficacy and impact of these amendments in changing social behaviour. It concludes that though the massive public outrage undoubtedly led to radical amendments, it was a knee-jerk reaction that suffered from legislative ambiguities. The increase in the retributive content of the law ultimately resulted in reduced convictions...
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CRIME AGAINST WOMEN;PROBLEM AND SUGGESTION: A CASE STUDY OF INDIA
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Sexual Offences against Women in India - Malediction to the Society
https://www.ijrrjournal.com/IJRR\_Vol.7\_Issue.5\_May2020/Abstract\_IJRR006.html, 2020
India is often described to be a country with a rapid growth in economy and continuing measures of human development. However, sadly with the growth of economy there has been growing concern in increasing report of the cases of sexual offences against women which doesn’t support the above statement as these offences clearly states that there has been lack of morale and degradation of human values among some of the male community which still considers themselves as superior to women as a result of which they perform sexual offences to dominate the female community of the society which creates a vital problem on how to take effective measures and ensure the safety of women towards these sexual predators. The objective of this study is to try to gather a better perspective and clear understanding of reasons and factors behind the increased report of sexual violence in India, and to understand in what way the state is taking measures to protect women against the sexual offences. .Although now various laws has been made for the protection of women in India which has changed the status as well as mentality of mankind towards women in many ways, women are given equal opportunities everywhere, in schools, in colleges as well as at the work places and public places, now women community has emerged strongly in various ways, they are also coming forward and fighting for their rights equally. However, the real concern is that it is not stopping the sexual predators in any way and therefore ,it raises a question whether the laws made by the state in order to protect women are sufficient and effective enough to prevent the sexual offences or not ? There are still men who looks at a women or female of any age as their target for satisfaction of their lust and ego , they tries to prove themselves as a superior community by dominating and forcing themselves on the female because the offenders and the victim themselves thinks that they aren’t capable of defending themselves against those predators. Sexual offences are just an unlawful carnal activity, without the consent of the women. Nowadays, adding to the need of carnal knowledge, most rape cases occur by force or fear of force against the will and consent of the sufferer. It is very important to understand a woman who is being intimidated with the crime of Rape. It is exploitation of woman’s body in which her inner personal space is violated, the act of Rape violates the right of women to decide whether she allows an individual to enter her zone of privacy or not ;this crime also accord man domination over the woman’s zone of privacy. Sexual offences are acts of expression of lust, violence and perverted behavior forced on females by the stronger male as a result of aggression, depression, lust, insecurity arising out of ignorance of his nature.