Sexual Violence against Women, the Laws, the Punishment, and Negotiating the Duplicity

Suvarna Cherukuri
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Suvarna Cherukuri: Department of Sociology, Siena College, Loudonville, NY 12211, USA

Laws, 2021, vol. 10, issue 2, 1-13

Abstract: On 16 December 2012, India erupted in national outrage against the rape of a 23-year-old female student in New Delhi, christened “Nirbhaya” (fearless). In the aftermath, there was a convergence of multiple discourses that framed post-independent India’s feminist consciousness. In 2020, four men convicted of Nirbhaya’s rape and murder were executed. An eight-year old girl in Kashmir was brutally raped and murdered in January 2018. The trial court sentenced the main accused to life in prison. In December 2019, four men held in yet another horrific rape and death of a 27-year veterinarian in Hyderabad were killed by the police in what has been called an extrajudicial killing. More recently, in 2020, a 19-year old was raped and killed in rural Uttar Pradesh. The victims came from different social locations, castes, tribes, and religious communities. This paper presents a feminist critique of the legal discourse on rape and the death penalty. It looks at an ironical cooptation of the critique of sexual violence by a patriarchal discourse on social injury and collective conscience. The paper examines how fleeting rage against the culprits and the call for death penalty immunizes larger misogynist cultural assumptions. This myopic rage is oblivious to sexual violence in women’s daily lives. Finally, the paper looks at why legal reforms triggered by brutal acts of sexual violence, receiving widespread media attention, fail to achieve systemic societal changes.

Keywords: sexual violence; rape laws; duplicity; death penalty (search for similar items in EconPapers)
JEL-codes: D78 E61 E62 F13 F42 F68 K0 K1 K2 K3 K4 (search for similar items in EconPapers)
Date: 2021
References: View complete reference list from CitEc
Citations: View citations in EconPapers (1)

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Persistent link: https://EconPapers.repec.org/RePEc:gam:jlawss:v:10:y:2021:i:2:p:27-:d:535102

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