Thursday 3 January 2013

The Case of 'Damini'

There has been a lot of hype in my country about a recent rape case. Apparently, a girl got raped in a moving bus at 8:30 pm by 6 men. One of them was the bus driver, I think. They made her boyfriend watch her get raped. And she got raped very brutally. As in, they wrenched out her uterus and threw it on the road. She died.

The point of this blog is not to sympathize with the girl (although I do). This blog is about the reaction of the people, rape as a problem and possible solutions to it.

In a country like India, there are too many rapes to keep count of and most of them don't even get reported. This case struck out because it took place in the capital. If it had been in a village, no one would have even known about it, and they wouldn't have lined up in front of a  national monument to avenge the rural victim. I understand that this is because of the lack of awareness of the cases. If people were more aware of the rapes happening around them (especially in rural areas where violence is statistically higher), they'd protest more. But the fact is, stuff like this keeps happening. And the public doesn't even know half the cases. I'm outraged at the extreme reaction of the public to this case, when there are cases similar to this that keep happening in some corner of the country or the other. People have concentrated on this case so much that they don't see anything apart from the punishment for those 6 men. They don't realize that there are  6 million more like them in the country. In an attempt to get justice for the girl, they are ignoring the larger picture of the rapes that happen in the country. 

I would like to make myself clear- I do not, in any way, support the rapists. Having said that, I do think that the public is ridiculous in its demand to castrate/hang the rapists. What good will it do? How will the girl be at peace if her rapists were killed but there were many more roaming around, looking for victims like her?
Instead of thinking rashly, we must realize a few things. And on top of the list is a fact that RAPE IS NOT ABOUT GENDERED VIOLENCE. RAPE IS ABOUT DOMINANCE. I don't understand how anyone can think that people rape exclusively because they're sexually frustrated. That might be true for some deranged cases, but most of the time, raping someone is about feeling powerful. Violating someone gives the rapist a sense of power that might be missing from the rapist's real life. Why do you think most rapists belong to lower classes? They don't have power in their social, political and economic lives. So, they achieve a sense of power missing from their lives by raping people. And honestly,I don't exactly blame them. Who knows- if I was in their position, I might do the same. 

Let's not deceive ourselves here. All of us lust for power in one form or the other. All of us crave subjects to our power. It is actually visible in all kind of structures that exist. For example, your job. Being promoted gives you a sense of elation because you're moving up on the ladder. This means you have more subjects to control and exercise your power on. It makes you feel superior and it feeds your self esteem/ego. But we must think about the subjects too. What about the people who don't have this power in any aspect of their lives? Obviously, this lust for power then manifests in them sexually because they can't have it in any other aspect of their lives. And that's how rape comes into the picture.

Because rape is about power, it becomes a social problem rather than one of law and order. It's not exactly the State's fault if everyone's power hungry, is it? It's a problem that we as a society have to tackle. So, there are two ways we can go from here- not be power hungry or create opportunities so that every person can feel empowered in at least one of the non sexual aspects of their lives. I don't think the former is very likely, but we can brainstorm and try to make the latter possible. 

It won't matter if you get rapists hung or have them castrated or put them under surveillance. It's not going to make a change in the society. The time is past when people could be disciplined by example. We have evolved and none of the old methods of bringing about a change will work now. Unless we can actually see the bigger picture, we will continue to stick to the demands of hanging/castration and blaming the government. And I assure you- in the long run, all these accusations and demands will lead us nowhere. Hanging/castration are immediate and shallow solutions to a problem that is much bigger in nature. If we have to eradicate rape as a problem, we need to pull it out from its roots and not just trim it.



15 comments:

  1. Commenting as promised.

    While I agree with you on most of those counts, like how rape is about dominance, rather than a gender centric thing, or how concentrating merely on the six will not help the bigger picture, and that rape has to be eradicated from the roots, my only question is how?

    By empowering people? By changing mindsets? These are time taking processes, required and necessary, but will not provide any solution for the moment. We need to consider the bigger picture here, yes, but there is need for immediate reform in the way our laws have been drafted.

    I still believe that most people learn by example, like how a lot of people know that they can get away with breaking traffic rules by paying a hundred bucks or something - I think that happens because they've heard of somebody who did it and escaped punishment. So why can't it work the other way around?

    Trust me when I say this, but some of the laws need serious reforms. Right now, the punishment for rape on a woman is a maximum of 7 years, and judges more or less give shorter sentences, depending on the case. I really don't know how much of a help reformative system of punishment is, but right now, in the situation our country is, I don't believe in it. Increasing the maximum amount of punishment gives gravity to the offence, and makes judges take it more seriously. That is how offences are classified in the Penal Code anyway.

    I don't even know how much of this made sense. But I will tell you that you've identified the root of the problem. I hope that the rest of the god knows how many billion do too.

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  2. I dunno about people learning by example.. I mean, after this rape case, either press' visibility towards rapes have increased (which I feel is slightly unlikely because 'Damini' is getting all the attention) or the number of rapes have increased.

    Ideally, sentencing is more of a correction than a punishment. If the guy's locked for 14 years of 7, it wouldn't make a difference to him if he's a psychopath or has a lust for power. I would think that increasing the prison sentence would only make him feel more helpless. That, I believe, is one of the causes of the hierarchies found in inmates. This is also one of the possible reasons for rapes in prison.

    One of the important reforms that Indian legislature needs is a separation of punishments and correction. BUT we're a humanitarian bunch of idiots, and thus, don't believe in punishment. This is why, I believe, a psychological evaluation is important. Once we determine that an individual is beyond reform, we can go for punishment. But if not, then maybe a light punishment and correction should do the trick.

    I wonder when people will realize this, though ._.

    PS- I advocate watching Criminal Minds for a better understanding of this! :P

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  3. I agree with you on most counts (both of you). What you call 'desire for power', I call a patriarchal society. Its not just the lower class men that resolve to rapes, you cant say something like that. Its just that men cant understand the notion of a superior woman. Even though they say that they're all for feminism and all that, they still expect their wives to cook and clean rather than earn. And if, by the wrath of god, the woman earns more than her husband, shes not qualified to marry him. If i had a cent for every time I heard someone say "the girl earns more than that guy, they cant get married".

    I do, however, favour the castration punishment. The kind of social change that our society needs wont come about politely. Any rapist that is proven guilty, should be castrated and humiliated in front of the public. Let his picture be displayed on every TV screen in the country. Because when you think about it, the only thing a person in this country cares about is his status in the society. Let every guy who calls himself a man be shit scared of eve-teasing. Let him have the punch-in-the-face that women are equals. I know I'm being kinda violent here, but seriously, look at what's going on. The only way to bring out this change in mentality that we're talking about is firstly eliminate the scum that still prides itself in it.

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  4. That might be true, Pranshu. But Smita is right this time (and trust me we never agree). The hanging or castration of these victims might be news for a day or two and might scare the men into eve teasing but for how long??
    The problem is much deeper than that and so many things need to change. The first is of course the law and then the attitude of the men (patriarchal society, like you said), of course.

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  5. I don't think of rape as a one way street. I believe that a woman can rape a man, a man can rape a man, a woman can rape a woman. As I said before, rape is not a gendered phenomenon. But yes, in the domain of a man raping a woman, what you say is one of the reasons of the occurance of a rape.

    Castration punishment might not be the best idea, Pranshu. Impotence can drive a man to insanity. If they don't find a sexual outlet for their desire for power, they'll end up becoming murderers, establishing power and control by seizing someone's life. What good will it do, then? Technically, rape to murder is devolution, and we don't need to create even fiercer monsters ._.

    I really think that if we all brainstorm, we can come up with a punishment that won't backfire upon the society. But I really believe that castration and hanging are not appropriate punishments.

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  6. @siddhant
    You've got to start somewhere. I can say that, to an extent, this whole incident may curb things for some time. But what after that? Do you really think a change in mindset can be brought on by just talking about it? Do you not think that a rapist somewhere is reading this and thinking, "hmmmpphhh..all they do is talk talk talk!" Don't you think that you need something slightly stronger to get there attention in the first place?

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  7. I dont think its a devolution Smita. I think that murder would be an act of kindness as compared to the life a woman would lead past something like that. And I insist on castration as something to prevent rapes, not creating monsters. Mostly because I dont like the idea of the rapist expecting to carry on with his life even if its a million years past his deed.
    Granted, maybe some monsters will be created, but think about the rapes that wont happen because someone thought, "no way, im not doing anything thats gonna get me castrated"

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  8. Read my comment on fb. I said this right there. These punishments might be construed as starting points and that is justified. But, you know the country we live in and what if all this ends right here - at these starting points???
    I am just a little scared that this will happen, the rapists might be hanged and India shall relapse into its state of short term memory again.
    Although, as someone who enjoys the theatrical, I'd love if these men were humiliated in public or better still - left to the public. (Just a thought)

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  9. True Pranshu, but we can't go all Iron Man on this issue ("I have a plan. Attack"). We need to think and act. We need to give that girl justice and I understand that perfectly. But this shouldn't imply injustice for anyone else either.

    A plan of action needs to be in place for this. And by thinking over it and making it as stringent as possible, we can successfully execute it too, to ensure nothing like this happens. A small amount of time to think up and establish a POA is a very small price to pay for the satisfaction of hundreds of people who will get appropriate justice.

    Murder's better than rape? I think it's a problem with the mentality of the society if a rape victim has to face shame because she was raped. Her being alive must not make her wish she was dead. In the ideal situation where a woman does not have to face humiliating comments from the members of society, rape would definitely be the lesser evil.

    But castration will result in monsters, as I explained before. Frustration can be a very strong feeling (and I don't mean only sexual frustration). I do not believe that a rapist must continue his life as it is before rape, but if he's capable of repentance and remorse, I do believe he should be given a chance. He could never continue to live as he did if he feels guilty.

    Also, when one faces the lack of power, they don't exactly think of consequences. That's why most rapes are spontaneous in nature. Rapes will still happen. If we go on with castration too, we would just give rise to murderers along with the existing rapists.

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  10. You see, rape is /not/ about sexual starvation. It is about a sense.of power, a power play with the rapist being dominating. He's getting off on two things
    I) pain
    II) humiliation.
    So castration shall serve little to no purpose, simply because your rapists were not looking for sex.

    As for capital punishment, I'm against it as a policy not because of any ethical issues or a lack of humanity, but as a logically warped issue. The law does not serve the purpose of acting as a deterrent to future crimes, which is what we should be trying to do. The law is merely a rreflection of the society at the said time. It changes aand adapts as the society progresses.
    For me, I couldn't give any less of a fuck what the punishments for the rapists is. I have no wanton bloodlust nor humane thoughts. I know, and tthey know that if they ever get out of jail, they're dead.
    I would rather tthat we take an approach based on making people aware. We, as a ssociety are the murderers and the highwaymen and the corrupt and the rapists and iindeed, the victims.

    However, the law can serve a purpose. I don't understand why marital rape seems to be consensual to people nowadays, it just defies logic. When about 1% of the rapes in the country even get reported, what good is thinking of punishing the caught people? We should be ffocussing on more important things. The people aare angry, but their aanger is being misdirected to stuff which is of no consequence to the large picture, and the llarger picture, at tthe risk of sounding like Dumbledore, is what we really need to focus our anger oon.

    Also excuse my phone, it stammers.

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  11. @Smita
    you're thinking from a very weird viewpoint. You're saying that a rapist's punishment shouldn't be as harsh as castration because it may turn him into a monster and he is capable of remorse. What you're thinking of is the punishment of a rapist. Im more focused on preventing the rape. Make the punishment as harsh as possible. Make a person think twice before he tried something like this. And I know we'll probably never agree on the specifics, so I will say that you are correct in your own right.

    @Devdan
    I agree with you on the point of making people aware. It is a huge flaw of our city that we dwell in a constant state of nonchalance. I really doesn't matter if someone gets shot next to us on the street as long as it doesn't harm us. But making people aware gets far enough to people who want to listen. What about those who have plugged there ears? We really need something loud and clear to get that attention.

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  12. GO IPEROCHA!!! ^_^

    From where I see it, castration isn't harsh enough, Pranshu :P
    But yes, I do believe that SOME people are capable of remorse, and though I do think that they must have some punishment, castration should not be it.

    As I have already stated, I feel that it's past the time where people learnt by example, so I feel castration would not be a deterrent to rape. You're talking about castration as the harshest punishment there is. I'm talking about something harsher.

    Oh yes. People who plug their ears are a big problem. Fortunately, we are a democracy, and if we can get the majority to listen to us, then there'd be no stopping us!

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  13. Past learning by example? What example has ever been set in our country regarding justice? Be it any crime? Do you remember Kasab? And Kalmadi?

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  14. She wasnt 'apparently raped'... its a fact. Its a different story altogether if you want to be one of those people who will wait for a court judgement before accepting it as a fact. I dont debate that. To each his own!

    What I would debate though, is why I think capital punishment or castration is an appropriate punishment. Let us not get confused. Noone is saying that killing the accused of this particular case would somehow solve the larger problem. We are demanding capital punishment because it is appropriate for their heinous crime.

    Noone is denying that society as a whole needs to undergo a huge structural and ideological change. No doubt about that. But you also need to set an example. Most rural cases do not get reported. This one did. We can only express our outrage over things we know about. The frustrations or disappointment over the bigger problem of safety of women has manifested itself in the support of this one victim. This does not entail that all other victims have been let go off.

    Coming back to the question of capital punishment. I have a few doubts about it myself. As a woman,I cannot imagine the pain and trauma that girl went through. I want those men to suffer the same. So I side more with castration. But at a recent debate the point that came up was that if a rapist knew he would be killed for raping he wouldnt think twice about killing his victim. That is true. And that is my only concern with capital punishment.

    Finally, we must accept that even a reformed customised society will not be able to keep everyone happy. Not everyone will be in a position of power or be satisfied with their circumstance. But that gives them no right to do what these guys did to an innocent girl. Its beyond unforgivable.

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  15. PRANSHU

    I have very different opinions on terrorists and corrupt people. But taking a previous example of a random rapist, he gets 7 years. Almost everybody knows that nowadays. But even after this knowledge, rapes do keep happening, don't they? This just means that we've grown out of the old system of discipline and punishment. We need to create a new, effective one so that cases like these don't happen.

    *summons Michel Foucault*



    RADHIKA

    No, I admit she was raped. But there are a lot of stories about what other thins happened to her. That's where I've meant to insert 'apparently'.

    But that's the thing na. Setting examples isn't being enough anymore!

    Also, as I said in my comments, rape is quite a spontaneous act. No one really thinks about after when they're raping someone. It's all about the moment of power for the rapists.

    I agree with your conclusion. But as a society, we must try to maximize justice however we can. Not bringing about change in us would be just shameful.

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