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sexual violence

Broken, Battered, Taunted, Killed And Misjudged

by Elsa Joel 08/12/2024

written by Elsa Joel

Dr Elsa Lycias Joel

(Names have been changed to protect identities)

‘Boys will be boys. They make mistakes’. What does this statement convey? That nobody should be held accountable for their sudden fetishes or perversions towards women? Come on, display some of that social consciousness that is bandied about so much in official and international speeches about how Indian women are revered as goddesses.

India may be booming but not for all women. Two of the country’s most serious challenges are how to address women’s safety and how to deliver speedy justice. 12 years ago, the whole world stood stunned. The victim was celebrated as Nirbhaya. How ridiculous to remember and address hapless victims with such titles! In reality, she would’ve gone through matchless pain and fear before she died a brutal death. By addressing victims with titles, who are we trying to comfort? People have come to realize the reality long ago. It was those perverts who were fearless to commit a crime of that intensity with a heinous intent. Around the time of the 2012 gang rape and murder, India recorded 24,923 rape cases, which is about 68.28 cases per day as per the National Crime Records Bureau. So, should India be proud or ashamed of the thousands of ‘Nirbhayas’? While it took years to punish the convicts, one walked out free and fearless with a new identity, a grant of 10,000 Rs and a sewing machine, only because he was a juvenile. Only after the rapist, the most brutal of all, got to walk free, the Juvenile Justice (Care and Protection of Children) Act was passed in 2015. Then, I knew violence against women would never end. There is a clear pattern to the way the minds of rapists have evolved in our country given the speed and manner in which amendments evolve and justice is delivered. Timely justice may not be a panacea for all injustice that plague us but it could be a precursor to other reforms. Nothing but the severity of the punishment will act as a deterrent.

The current rape crisis speaks of something even more worrisome – a society that is out of touch with its women. By all accounts, the Indian women never had it so good. Due to the generosity of a patriarchal society, they are all flush with problems, much more they can handle. Citizens’ protests that take various forms and shapes are indeed comforting. However, the fruits of women’s safety or liberation cannot be allowed to be negated by a societal system that is striking at the very root of the country’s well-being. Sensible recommendations that have been made by committees and well-meaning individuals will not deter crimes unless they are acted upon in due earnestness. Probably, salvaging the process of justice from tangles of state intimidation or political pressure is a herculean task by itself. At this juncture, I remember the Best Bakery case in which, for the first time, the apex court shifted the trial out of a state.

The fear of being violated is so strong, Indian women can taste it. It is shameful that few public servants have the audacity to declare that public spaces are not meant to be the right places for the right kind of women at the wrong time. When did a seminar hall in a medical college turn unsafe for a trainee doctor? Was she inappropriately clothed? What a handful of political elite say is not different from what a convicted criminal says. Enough is enough. As long as naming and shaming the victim continues in addition to gracing them with unbefitting titles, violence against women in all forms will continue with a plight of pandemic proportions. We have had enough such horror stories of rape, torture and murder that should make the legislature and executive give serious thought rather than analyse the uniqueness of each violation. What clumsy legislation have we got? Should it take 40 years for the Parliament to pass The Criminal Law (Amendment) Act 2013 to amend the IPC to allow death penalty only in rape cases where the accompanying brutality leads to death or leaves the victim in a persistent vegetative state? Shrina R Shanbaug, an Indian nurse lay in a vegetative state for almost 42 years after she was sodomised and strangulated with metal chains in 1973. Are rape laws far from adequate or do they lack will power? Sohanlal Valmiki, the main sodomist must be caught and hanged, if he is alive, instead of celebrating Aruna for giving India a passive euthanasia law. In 1972, a 16-year-old girl Sheila was raped inside a police station by two policemen who were set free by the court just because the victim wasn’t injured. After 9 years, the anti-rape law was amended. I have every reason to assume that those two men in uniform would have had a free run until the law was amended.

The Supreme Court’s verdict was based on the following three arguments:

Sheila did not vocally express her non-consent during the ordeal.
There was a lack of bruising on her body.
She was ‘habituated to sexual intercourse’ based on the two-finger-test

We have umpteen days and nights to reclaim. Decades away from Sheila and Shrina tragedy, the pertinent question we ought to ask ourselves is how far have we come?

Preeti Singh, Vamika, Manika Debnath, Pranjali Singh, Kasifa and many more are not the only ones to have gone through such severe sexual assaults. ‘Nirbhaya Juvenile’ who assaulted 8-year-old was acquitted. How ridiculous! Rapists must be tarred with the same brush, no matter how old the victims are. What is mystifying is the fact that gang-raping of someone below 18 years of age is considered a heinous offence punishable by death whereas gang rape, torment and murder of an adult is not. Public outcry and protests can caution lawmakers against semantic hair-splitting on defining the nature of violence, warning that ‘certain criteria’ will remain a stumbling block in drafting a perfect statute with no loopholes. Complacency should never cost us more promising lives. As for the law enforcement and investigative agencies, it is not too early to tell the real story of RG Kar Medical College and Hospital on August 9^th.

Opinion Disclaimer: The opinions expressed are solely the author’s and do not reflect the opinions and beliefs of The Womb.

08/12/2024 0 comments 25 views

Power impacts consent

by Guest Author 08/12/2024

written by Guest Author

Deconstructing Consent and Gendered Power Dynamics

By Anusha Verma

With the overarching concern of preventing sexual violence and a much sturdier expectation of navigating the concept of consent in physical relationships and the unavoidable intersection of gender, this piece aims to deconstruct the present understanding of consent.

The language used to describe sexual violence, and those who experience it, can carry with it particular meanings that are important both symbolically in the field and in legal terminology. For the purpose of this writing, sexual violence entails all crimes as defined in Sections 354, 370, and 375 of the Indian Penal Code, 1860. Consent is to be in legal terms construed to be, “an unequivocal voluntary agreement when the woman by words, gestures or any form of verbal or non-verbal communication, communicates willingness to participate in the specific sexual act” as defined by explanation 2 appended to section 375 (IPC) for the purpose of expounding upon the crime of rape. The research has been based on the critical feminist theory and Michel Foucault’s writings on subjectivity, relationality, and power. A power imbalance between the survivor and the perpetrator is a commonplace practice, however, one that is often neglected when looking at an incident. Power manifests itself as considerable influence in financial, employment or other social fields. They exist as a result of hierarchical systems of power that privilege certain individuals and marginalize others. As academic concepts they can be characterised as patriarchy, white supremacy, casteism, and cis- heteronormativity. When power is complemented with agency to influence decision it becomes authority and may be solely construed to be negative. This phenomenon of power can best be conceptualised as the ‘social hierarchy’. A person with power and privilege, such as a straight upper caste man will be upper in the social hierarchy ladder than a transgender ‘lower’ caste woman. An analysis of the social hierarchy makes it evident that a financial upper hand is often a succession of social privilege. This is why when we talk about consent, we also need to explore the impact of power on a person’s ability to consent in sexual interactions and how power may be misused in and out of private spaces.

However, Foucault, moving away from the Marxian perspective analyses how power works in day-to-day interactions. This interpretation of power allows it to be understood as a productive force rather than an oppressive one. Applying this understanding to his concepts of subjectivity and relationality, that call for situational exercise, to existence of consent in physical relationships helps explain its case specific nature. Focusing specifically of Foucault’s theory of power it can be understood that power functions through supporting or promoting a body of literature about women’s sexuality that says it is not womanly to behave assertively and that maintaining love relationships is what makes women happy, rather than being a force that merely prevents young women from actively refusing unwanted sexual activity. Further, it is important to note that while the above mentioned definition of consent explicitly states women (as in accordance with current legal provisions) the existence of the gender spectrum complicates power dynamics by manifold. More often than not, those who do not recognise as cismen or women face an added layer of disadvantage. This gets translated to becoming vulnerable targets to the use of power in cases of sexual violence.

The notion of power in consent is heavily grounded in the social conditioning of those with privilege. To begin with, the commission of sexual violence is undertaken upon someone who is believed to be weak by the perpetrator. It is unexpected of them to rebel the act. This very idea that an individual is weaker than another on the basis of their gender, employment, financial situation inter alia other reasons expresses the view that the doer assumes to be powerful. Thus, power is in fact, one of the common denominators that perpetrators of sexual violence share. In some cases, not only does power lead to sexual coercion but also leaves a more lasting mark by hindering the survivor from disclosing the incident. This has consequences for the survivors in terms of justice and their psychological wellbeing. In extreme cases, possessing such authority can also lead to physical violence post the commission of sexual violence. A fitting conclusion to this writing on an experience so personal yet social in nature is a reminder to survivors. Their body and autonomy are not propaganda, their experience not a political pawn, and their story not one to be discussed without their consent. A survivors’ identity goes beyond the confines of victimhood. While the system, and all it consists of, continues to be stacked against them, it is yet again the privilege of agency that helps facilitate change. To fight for being understood may also be ones’ fight to be alive.

08/12/2024 0 comments 22 views

Marriage, Sex and Consent : The Split Verdict By Delhi High Court In Marital Rape Case

by Avani Bansal 08/12/2024

written by Avani Bansal

By Adv. Avani Bansal

Nothing that is ‘imposed’, survives for too long. Marriage as an institution continues to exist, around the world, because a large majority of people ‘choose’ to opt for it. But it is also true that world over, many people are now questioning the institution of marriage and opting instead to remain life-long companions without the shackles or protection of the law.

In India, while many young men and women are choosing to get married late in their lives and some opting for live-in relationships as well, there is still a large majority of boys and girls, whose families do not leave them with an effective choice as regards marriage. The law steps in aiding this choice by providing an entire ecosystem – a web of laws to ensure protection of the rights of married partners, especially for women.

But the exception for ‘marital rape’ as per Section 375 of the Indian Penal Code (IPC), 1860 creates a logical bind – it excludes non-consensual sexual intercourse between married partners from the definition of rape. The recent split verdict from a division bench of the Delhi High Court in the RIT Foundation v. Union of India case, has once again brought to light an age old debate in India as regards the role of consent and the recognition of the agency of women in marriage. It throws open a bigger question – does allowing for marital rape actually protect the institution of marriage or does it harm it?

While Justice Rajiv Shakdher held that the marital rape exception under Section 375 IPC is violative of Article 14, 15, 19 (1) (a) and 21 of the Constitution and should be struck down; Justice Hari Shankar dissented with him and held that non-consensual sex within marriage cannot be termed as rape.

The fear writ large in Justice Hari Shankar’s legal view that – ‘if non-consensual sex by a husband is classified as ‘rape’, it will affect the very institution of marriage’, needs cross examination. The legal opinion of judges expressed in lengthy judgments need to be deconstructed to see what part of their thinking is visible on the face of it, but what is the underlying fear that a judge may or may not spell, but shapes his thinking on a particular issue – like the hidden part of an iceberg.

This line of reasoning that – marriages are so sacred, that when two people decide to get married, they somehow are signing for a lifetime of sex, and that spouses need not obtain consent, every single time, they are about to engage in a sexual act, is fraught with challenges.

First, it is important to see the role of law in the institution of marriage for what it is i.e. a web of protection for facilitating entry and exit into the institution. Law cannot by itself grant ‘marriage’ some holy veil, that the concept of marriage itself does not have. By allowing for violence in any shape or form, within marriage, by the instrument of law, amounts to over-interference by the law in an institution.

Secondly, the institution of marriage , especially as viewed in India, is a mix of a sacrament and a contract. In India, while there are different personal laws governing marriage, the dominant cultural view is that marriage is not a pure contract. Nor is it an institution to satisfy one’s lust. It is seen as a spiritual union of two people. Therefore allowing for non-consensual and forced sex within marriage tantamounts to eroding away at the very foundation of this spiritual union/institution. So the logic offered by Justice Hari Shankar, that criminalising marital rape will somehow protect the institution of marriage, stands falsified by his own logic. If marriage is a sacred institution – there cannot be any space for violence in it. If you allow for marital rape to be legal – than marriage cannot be held as a sacred institution.

Thirdly, marriage requires two adults who are equal partners. Allowing any room for non-consensual sex, takes away the agency of the woman within the relationship. To think that the husband can impose himself on his own wife, suggests that somehow the wife is less of a woman, less than the whole, than she was before marriage. Such a view of marriage is more likely to dent how the coming generations view marriage. Also, law cannot give or take away any agency from both the partners, even in the name of marriage. Laws are meant to step in when one partner in any way, violates the agency of another partner – not to automatically erode away the agency of the wife, as soon as she decides to get married.

Fourthly, we really need to have an open conversation about how do we view ‘sex’ as a society. Will our laws protect non-consensual sex in any case/situation? Should they? Sex has to be based on the mutual consent of two adults – marriage or no marriage. Marriage is neither for sex nor equivalent to it. Marriage is a promise to take care of the well-being of each other, to be there for each other in thick and thin. How does this even sound logical – “you married me, so you got to have sex with me, every time, I want it, whether or not you want it.” This logic is contrary to everything that’s sacred about marriage.

Fifthly, let us unwrap the concept of ‘Consent’ as it has wide ramifications than just the marital rape debate in India. One question that’s often asked is – “do we need to understand consent based on cultural context?” So, is it logical to say that while in America, a woman saying ‘no’ should be understood as such, in India, somehow, even when a woman is saying ‘no’, it can be understood as ‘yes’? This suggestive argument that somehow – thanks to the cultural context, even a woman’s no is not an actual no, lays the foundation of perpetration of major crimes against women. By treating ‘consent’ as having different shades of grey, we not only reduce the agency of women, but we impliedly attempt to veil the refusal of men to take ‘no’ for an answer by giving a cultural justification for the same.

India is certainly not alone in debating the definition of consent. We are in the midst of a global movement, that’s pushing for a legal framework and universal definition of ‘consent’. The Council Of Europe Convention On Preventing And Combating Violence Against Women And Domestic Violence, better known as the Istanbul Convention adopted in May, 2011, was signed by 45 countries and the European Union. States who have ratified the Convention are required as per Article 36 of the Convention to declare as a crime – “sexual violence, including rape, explicitly covering all engagement in non-consensual acts of a sexual nature with a person.” Similarly in 2019, the Platform of 7 independent United Nations and regional expert mechanisms on violence against women jointly called upon all States and relevant stakeholders worldwide to act against rape as a ‘form of gender based violence and a human rights violation, and, to ensure that the definition of rape is based on the absence of consent, in line with international standards.’

While we now wait to see how the Supreme Court will weigh in on this issue in Appeal, let us hope that India will not be left behind in ensuring that Women remain equal partners and whole individuals in Marriage, Sex and Consent. Clearly, while allowing marital rape to be criminalised, we will be saving the institution of marriage, instead of eroding it, assuming that the institution needs saving at all, which ofcourse is an arguable proposition for another day.

(Avani Bansal is a practicing Advocate in the Supreme Court and can be reached at advocateavanibansal@gmail.com’; Tweet @bansalavani)

First published here :
https://www.outlookindia.com/national/sex-in-marriage-criminalising-marital-rape-will-save-institution-of-marriage-magazine-202759

08/12/2024 0 comments 34 views

Marital Rape in India: An Outdated Legislation

by Guest Author 08/12/2024

written by Guest Author

By Prakhar Tripathi

The doors of Delhi High Court have been fluttering since last one month with voices being raised to criminalize exception 2 Section 375 of the Indian Penal Code (IPC). All India Democratic Women Association, RIT Foundation and two other organizations are behind putting forth this initiative. The Court has been going through the legality of the exception and whether it serves any purpose in modern-day India or is it just a colonial provision still draping in the books of the criminal manual.

Exception 2 to section 375 of the Indian Penal Code reads as follows: –

Sexual intercourse by a man with his own wife, the wife not being under fifteen years of age, is not rape.

A majority of the common law countries have already done away with the draconian provision of marital rape wherein the husband considers the wife as his chattel and performs sexual acts with her even if it is against her will. In fact, India remains one of the only 32 countries in the world where this exception remains to prevail.

England and Wales outdid this provision in the case of R v R in the year 1991 by the Appellate committee of the House of Lords. In Germany, marital rape was outlawed in the year 1997 after female rights activists for 25 years protested against it. Australia criminalized this provision in the year 1991 in the case of R v L by stating that such law was not part of the Australian Law.

Henceforth, the originators of the common law have outdone with this provision, but it still remains an evil continuing to haunt Indian society.

Let us analyse how faintly this provision stands on the footholds of the legal bedrock.

Prima facie, there are three ingredients of rape :- ‘Sexual Intercourse’, ‘Against her will’ and ‘Without her consent’ . Any act satisfying these three criteria falls into the category of Rape. But then, a stalemate has been created in the same section by giving protection to a person who is legally wedded to the victim and whose act satisfies all of these criteria. The exception gives her husband the right to have sexual intercourse with her whether she is willing or not eventually becoming a subject to his whims and fancies thus, violating every right which the women as an individual possess.

Over the years, lots of women in India have been subjected to this social evil. The National Family health survey (NFHS) 2015- 2016 states that 99.1 percent of the sexual violence cases go unreported and an average Indian woman is 17 times more likely to encounter sexual violence from her husband than from others.

The legislators of the country put forth the argument that it might be detrimental for the Indian family structure if this change in the statute is allowed almost overlooking the fact that this exception is violative of the pristine fundamental rights that our constitution provides.

Violative of Article 14 and 21

Article 14 of the Indian constitution states that there shall be equality before the law but the State has to follow an intelligible differentia wherein like should be treated alike and different treatment of people who are in different circumstances. The test of intelligible differentia has been laid down in the case of State of West Bengal vs Anwar Ali Sarkar wherein it has been held that that the differentiation or classification needs to have cogent nexus with the purpose sought to be realized by the statute in question. The exception acts as a sledgehammer in the statute wherein it creates a stark difference between women who are married and those who are unmarried. By the creation of this exception, the section fails to deny the very protection to married women for which it has been devised. The distinction so created neither has a rational nexus with the statute so created nor does it serve the purpose sought by the section.

Similar has been the view of the J.S Verma committee report constituted to recommend changes in the criminal law system which emphasised highly that the exception related to the marital rape should be done away with and that marriage is never an irrevocable consent to sexual acts and that wife is never a subservient chattel of husband.

The exception also violates Article 21 of the constitution which provides for Right to life and personal liberty. The Apex Indian court has in various cases expanded the meaning of ‘life’ in Article 21 by quoting the observation of Field J in the American case of Munn v Illinois wherein it has been stated that the term ‘life’ means much more than an animal existence. The inhibition against its deprivation extends to all those limbs and faculties by which life is enjoyed. In the case of ‘State of Karnataka vs. Krishnappa it has been held that sexual violence is an intrusion of the right to privacy and sanctity of the female’. In the case of Suchitra Srivastav vs Chandigarh administration it has been held that Article 21 includes the right of a woman to make reproductive choices. None of these judgements differentiate between a woman who is married and the one unmarried. Also, none of the other offences mentioned in the IPC propagate such an arbitrary and repulsive differentiation between a married and unmarried woman. Section 375 is the only anomaly that remains. Henceforth, the contrast created by the section is violative of Article 14 and 21 of the Constitution.

Progressive Judicial Pronouncements

Time and again has the Indian Judiciary held that the exception is a dying provision and needs to be done away with. In the case of Sakshi vs Union of India reference was made to the case of R v R [1991] 4 All ER 481 in which it has ‘been held that a husband and wife are equal partners in a marriage, therefore a husband not being criminally liable for raping his wife if he has sexual intercourse with her no longer forms part of the law of England’

In the case of Satyawati Sharma vs Union of India it has been held that legislation that might have been reasonable and practical at the time of their enactment may become redundant, arbitrary and unreasonable with the lapse of time. Similarly, exception 2 of IPC over the years has become redundant and serves no purpose in modern day India. In the case of Nimeshbhai Bharatbhai Desai vs State of Gujrat it has been held that wilful perverted sexual acts with wife would amount to cruelty under 498A of the IPC because then the normal sexual relations which form the basis of a happy married life would come to a standstill and a husband having sexual intercourse with his wife is not using her just as her property but filling the marital consortium.

What we can discern from all these judgments is that sexual intimacy between the husband and wife is one of the major building blocks of their relationship. The kind of intimacy husband and wife want to have in their relationship needs to be thoroughly discussed and should be done with mutual consent of both of them. If the female is not willing to have any kind of perversion in their intimate life, then it is clearly her choice and she has all the rights to do so. Forcing her against her will, would amount to cruelty and eventually be violative of all the rights our virtuous constitution gives her.

The Way Forward

Therefore, it is high time that the polarity created between married and unmarried women by the statute needs to be done away with. The married daughters of our country need to have a life filled with dignity and respect; that the laws made to inoculate them do not act against them. Although, an act of caution has to be seen while enacting this provision. That is, men should not be at the receiving end of this new change in law. There has been an alarming rate of rise of false rape cases in India, because the only pre-requisite required to file a rape case is the statement of a women. Therefore, various innocent men in India suffer unknowingly that they might at the receiving end of section 375. What is to be seen is that after removal of exception 2, the section is handled with utmost care and precision which allows both men and women to be equally treated by the statute and that only genuine cases of marital rape come to the court retrenching its time and the value of the justice delivery system.

08/12/2024 0 comments 24 views

Dereliction Of The ‘Other Gender’: Deprivation Of Minor Male Sexual Assault Victims By The ‘Skin-Touch’ Doctrine

by Guest Author 08/12/2024

written by Guest Author

By Sayan Dasgupta

COVID-19 has been a fertile spawning field of sexual violence. Where some Courts have been deontological and acknowledging of this phenomenon, certain judgments act as a means of disenfranchisement of sexual violence victims. Bombay High Court in a recent judgment, in Satish v. State of Maharashtra has rendered an absurd interpretation of Protection of Children from Sexual Offences Act, 2012 [POCSO]. The accused was charged with Section 8 of POCSO read with Section 354 of Indian Penal Code along with Sections 342 and 363, for sexually assaulting a minor girl. The Bench acquitted the accused of sexual assault under POCSO while upholding conviction under the sexual assault charges under IPC on the rationale that there was lack of sexual intention on the part of accused to sexually assault the minor since there “was no direct physical contact, i.e., skin to skin” touch.

This verdict caused a huge uproar in the civil society and the legal fraternity alike causing the Supreme Court to stay the acquittal of the accused on the charge of Section 8 of POCSO. The judgment has rendered that mere groping would not amount to sexual assault under Section 7 of POCSO. Such an abhorrent interpretation prima facie trivializes not only sexual assault of female minors, but disproportionately excludes male minors from seeking justice.

The minor male victims of sexual abuse constitute a large majority in India. The Bench elucidated that mere groping over the clothes of the minor would not amount to sexual assault under Section 7 and 8 of POCSO. POCSO is inherently a gender-neutral legislation providing reprieve to minors of all genders. Section 7 provides that “whoever, with sexual intent touches the vagina, penis, anus or breast of the child or makes the child touch the vagina, penis, anus or breast of such person or any other person, or does any other act with sexual intent which involves physical contact without penetration is said to commit sexual assault.” The words “penis, anus” annotate protection to the male victims from sexual assault. However, the case establishing the ‘skin-touch’ doctrine has significantly narrowed the scope of application of the provision.

Adoption of this exclusionary doctrine would impact both female and male victims adversely, however, where the female victim could resort to relevant provisions of IPC, the male victim is left remediless. The provisions of sexual crimes under IPC are highly gendered protecting only the woman or the girl child disenfranchising the male victims of sexual violence. Furthermore, the doctrine places the onus of proof on the prosecution per contra to POCSO. Section 29 of POCSO reverses the burden of proof and presumes the offence has been committed or abetted by the accused. If the view purported by the Bombay High Court is considered, and if the prosecution fails to satisfy the onus, the female victim can have a recourse to relevant provisions of IPC, whereas on the contrary, the male victim cannot.

The ‘skin-touch’ doctrine categorically contradicts the Model Guidelines issued by Ministry of Women and Child Development under Section 39 of POCSO which provides that “almost every known form of sexual abuse against children as punishable”. Furthermore, the Delhi High Court in Rakesh v. State without even delving into the detail of disrobing of the victim dismissed the appeal holding that mere groping of the private parts of the victim with sexual intent amounts to sexual assault under Section 7 of POCSO. Conflicting this accurate interpretation, the heavy onus placed on the victim results in narrow application. Whereupon the female victims have an alternative remedy, the abusers of the male victim are left scot-free on committing the atrocity leaving a permanent scar on the well-being of the child survivor. Ergo, mere groping would amount to sexual assault of the female victim under Section 354 of IPC but would not be sexual assault of male victim, either under POCSO or IPC. The provisions governing sexual crimes in IPC are gynocentric and neither the legislative or the judiciary have displayed any intention to take affirmative step on making the sexual offences gender neutral, despite there being categorical recommendation by the 172^nd Law Commission Report and the Justice Verma Committee Report to make rape and other sexual offences gender neutral.

This inspires little to no confidence on the state functionaries with regard to gender justice. The ‘skin-touch’ doctrine creates a very real and alienating affect of male survivors wherein, groping over clothes would not amount to sexual assault. The lack of gender-neutral sexual offence laws and such interpretation is a clear dereliction of the male survivors.

08/12/2024 0 comments 27 views

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sexual violence

Broken, Battered, Taunted, Killed And Misjudged

Marriage, Sex and Consent : The Split Verdict By Delhi High Court In Marital Rape Case

Dereliction Of The ‘Other Gender’: Deprivation Of Minor Male Sexual Assault Victims By The ‘Skin-Touch’ Doctrine

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