Hathras Gang rape – Women Safety & Caste

Politics
Dalit woman succumbs to injuries in Delhi; security beefed
up outside hospital amid protests.
Four upper caste men of the woman's village in Hathras district, who were charged
with gang-rape and attempt to murder, apart from charges under the SC/ST
(Prevention of Atrocities) Act, have been arrested.

A 19-year-old Dalit woman from Uttar Pradesh succumbed to injuries at a hospital in

New Delhi after she was allegedly gang-raped by four upper caste men in Hathras
district on September 14.
"We are victims of violence because we are poor, lower caste and women, so looked
down upon by all," a Dalit woman told researcher Jayshree Mangubhai some years
ago. "There is no one to help or speak for us. We face more sexual violence because
we don't have any power “- Dalit women languish at the bottom of India's unbending
and harsh caste hierarchy.
Sexually abused and seen as the lowest of the low:
Life as an 'Untouchable' Dalit Woman
Haryana, India (CNN) –
In India's caste system, the Dalits are traditionally regarded as the lowest of the low.
Seen as "unclean," they are considered untouchable by the higher castes.
According to India's National Crime Records Bureau, more than four Dalit women are
raped every day in India.
The NRCB's 2014 statistics say crime against Dalits rose 19%. In many of the cases,
these crimes are committed by upper caste perpetrators.
CNN went to a village close to where the alleged incident occurred and spoke to Dalit
women and asked them what life was like for them.

Rajbala, 28

"I wish I wasn't born as a Dalit woman. We are the easiest targets for any sexual or physical abuse in
our society."

Rekha Devi, 33
"We are not allowed to enter the houses of upper caste people. We are untouchables. When they
give us water to drink, they pour it on our palms to avoid any direct contact."

Meera Devi, 26

"Upper caste men give us names which are both abusive and derogatory. I wish I could change this
practice. We do not want to work under the upper caste people and compromise our dignity. But we
are poor. What other options do we have?"

Jyoti, 24

"Have you heard upper caste girls getting raped in our community? We are poor and powerless.
That's why upper caste men rape our girls. They can get away with anything because they have
money and power."

Seema, 25
"Upper caste men make fun of us. They think our lives don't matter because we are daughters of poor
families. They always look at us with lustful eyes."

Kavita, 25

"I am a TB (Tuberculosis) patient and because I am Dalit, the doctor will not even come close to me.
But when an upper caste patient comes to the clinic, the doctor goes close to the patient and sees
them properly without any hesitation."

Khajani Devi, 60

"Our blood and body are the same, but it is the society that divides and discriminates us. Upper caste
men do anything they want because they know we can't fight back."

Bimla Devi, 40

"We cannot send our daughters unaccompanied to the fields, to fetch water or even to school. Men
from the upper caste stare at our daughters with lustful eyes."
Attacks on Dalit Women - A Pattern of Impunity
M.Meena
M. Meena is a twelve-year-old Dalit girl; her name has been changed to protect her
identity.
She was raped in September 1997 by a twenty-one-year-old Thevar man in a southern
district of Tamil Nadu. 
Successful prosecution of her case was thwarted when the accused paid bribes to the
police.
Because of Meena’s young age, Human Rights Watch obtained details of her rape and
subsequent experience with the police largely from interviewing a social worker who
had been active in her case; we then met with Meena to confirm the reports.

R. Chitra
In 1996, twenty-six-year-old R. Chitra (also an alias) of Kammapatti village, Tirunelveli
district, southern Tamil Nadu, was gang raped by Thevars from a neighboring village.
After much public pressure from residents of her village, the police took up the case,
but despite her positive identification of the rapists, and despite many eyewitnesses to
the event, they ultimately dropped the investigation

Bhanwari Devi
Bhanwari Devi’s case is a typical example of the influence of caste bias on the justice
system and the inability of lower-caste women to obtain redress.

It is also a striking example of rape as a weapon of retaliation used to punish and

silence women’s rights advocates.

The nature of the district judge’s opinion sounded many alarms, and the case itself
was taken up by several women’s rights organizations in north India.

Bhanwari Devi joined the Rajasthan Government’s Women’s Development Programme

(WDP), called Sathin, in 1985 as a grassroots worker.

In April 1992 she reported the child marriage of the one-year-old daughter of Ram
Karan Gurjar to WDP authorities.

The police came to the village and tried to stop the marriage, but the family proceeded
with the ceremony in secret.

On September 22, 1992, in the presence of her husband, Bhanwari was gang raped by
members of the Gurjar family in retaliation for her intervention in the child marriage.

Upon approaching the police, Bhanwari was told, however, that she was too old and
unattractive to merit the attentions of young men.
 Woman Safety Scenario in India
Woman is the one, who brings us to life who can sacrifice her life for her family
but the question is, what are we doing to that woman? Is Women Safe in India? Certainly
not.

Women are now becoming the target of a section of men who leer, jeer and do not hesitate
to make them feel vulnerable, and, worse, attack their dignity.

According to a global poll conducted, India is the "fourth most dangerous country" in the
world for women, and the worst country for women among the G20 countries.

The report suggests that Indian women are not free from violence.

Another report by NCRB that has been tabulated below shows that, the crime against
women is a very frequent and poses a serious concern. Further these statistics exclude
many cases that were not registered with the police due to the social stigma attached to
rape and molestation cases. Thus, the actual cases are much higher.

Frequency of Crimes
Time Period offense
Every 3 Minutes Crime against women

Every 9 Minutes Cruelty by husband or relative

Every 29 Minutes Woman gets raped
Every 77 Minutes Dowry death
Factors Affecting and Aggravating Woman Safety
Socio-cultural-economic Factors
1. Activist Arundhati Ghosh says, "There are many Indias at present. It's difficult for a
socio- economically and sexually repressed India to live with the modern
independent India. Backward ideas about gender and sexuality overpower the India
in which women want to live on their own.”

2. Psychologists say that patriarchy allows men to commit violence against women. "It
occurs when a man sees a woman as inferior. It is male chauvinism, with the man
forcing the woman into submission.” With different processes of socialization that
men and women undergo, men take up stereotyped gender roles of domination and
control, whereas women take up that of submission, dependence and respect for
authority. This reason relates to society’s construction of female sexuality and its role
in social hierarchy. A female child grows up with a constant sense of being weak and
in need of protection, whether physical, social or economic. This helplessness has led
to her exploitation at every stage of life.

3. Many activists blame the rising incidents of sexual harassment against women on
the influence of "Western culture".

4. With the ushering in of economic liberalization Indian cities have witnessed a

continual recasting of spaces to keep pace with the burgeoning urbanization. The
present scenario is such that while on the one hand the cities provide ample
opportunities for both women and men, on the other the nature of urban
 development has resulted in increased exclusion of women, particularly from the
marginalized sections; it has reinforced the existing structure of gender-based
violence.

5. Economic dependence of women over men has led to male domination over female.

Institutional Failures
1. Less conviction rate in crimes against women and delay in delivery of justice.
2. Poor enforcement of laws related to women safety.
3. Poor gender sensitization of law enforcing agencies like police, judiciary etc.

Provisions Related to Women Safety and the Government

Initiatives
The issue of women’s safety is indeed a global one, transcending borders and impacting
people at all levels, including governments, policymakers, non-governmental organizations
and citizens.

In 2006, the United Nations Secretary General emphasized that violence against women in
the world constitutes a human rights violation, and continues to be an obstacle to
reaching gender equality.

Lack of safety and fear of crime have particular impacts on women and on their ability to
take advantage of their right to be able to participate in and move around freely in society.

Women’s activities are often limited as a consequence of insecurity and risk of violence,
inhibiting daily activities such as going to work, their ability to use certain public spaces, or
to go out at night.

It also affects their freedom to be financially independent, and all of this has implications for
their children and families.

In these backgrounds, let us see the provisions for women safety in our country.

Constitutional Provisions

The Constitution guarantees to all Indian women equality under Article 14, no discrimination
by the State through Article 15(1), and equal pay for equal work under Article 39(d).
 In addition, it renounces practices derogatory to the dignity of women under Article 51(A)
(e), and also allows for provisions to be made by State for securing just and humane
conditions of work under Article 42.

Statutory Provisions
 Immoral Traffic (Prevention) Act was passed in 1956. However many cases of
trafficking of young girls and women have been reported. These women are either
forced into prostitution, domestic work or child labour.

 In 1961, the GoI passed Dowry Prohibition Act, making the dowry demands in
wedding arrangements illegal. However, many cases of dowry-related domestic
violence, suicides and murders have been reported.

 Indecent Representation of Women (Prohibition) Act, 1987 was passed to

prohibit indecent representation of women through advertisements or in
publications, writings, paintings, figures or in any other manner.

 Protection of Women from Domestic Violence Act, 2005 came in 2006.

 In 1997, in a landmark Vishakha judgement, the Supreme Court took a strong stand
against sexual harassment of women in the workplace. Recently, government passed
Sexual Harassment At Workplace Act 2013.

Women Safety Initiatives

Ministry of Women and Child Development has launched three important initiatives on women’s
safety.

 The Ministry of Women and Child Development has conceptualized these initiatives to
promote the safety of women in their living spaces, working spaces, and public spaces.

Panic Button
 The Ministry of Telecom mandated a physical panic button on all mobile phones in the
country in 2015.
 It was noted that such a panic button must be backed by an emergency response mechanism
through the local police when the panic button message would alert the specified family
members etc. of a woman in distress situation.
 Now a dedicated Emergency Response Centre has been established through which the entire
system will be operated.

SCIM portal under Safe City Project

 An online Safe City Implementation Monitoring (SCIM) portal has been developed by The
Ministry of Home Affairs. SCIM will facilitate online tracking of deployment of assets and
infrastructure created under the Safe City projects.
 The Government has identified eight cities for implementation of Safe City project.  The
projects include creation on ground assets & resources and mindset safety of women.

DNA Analysis Facilities in States

 Timely testing of DNA samples from the crime scene is the quickest process of obtaining
forensic evidence in cases of sexual assault on women.
 Due to delay in cases of sexual assault investigations, dedicated DNA analysis facilities will be
created in the forensic science laboratories on a mission mode.

The most dangerous country in the world to be a woman – Survey By CNN

The world's most dangerous countries for women

According to the survey:
1. India
2. Afghanistan
3. Syria
4. Somalia
5. Saudi Arabia
6. Pakistan
7. Democratic Republic of Congo
8. Yemen
9. Nigeria
10. United States
India is the most dangerous country in the world to be a woman because of the high risk of sexual
violence and slave labor, a new survey of experts shows.
The Thomson Reuters Foundation released its results Tuesday of a survey of 550 experts on
women's issues, finding India to be the most dangerous nation for sexual violence against women,
as well as human trafficking for domestic work, forced labor, forced marriage and sexual slavery,
among other reasons.
It was also the most dangerous country in the world for cultural traditions that impact women, the
survey found, citing acid attacks, female genital mutilation, child marriage and physical abuse.
India was the fourth most dangerous country for women in the same survey seven years ago.
Nine of the 10 countries on the list were from Asia, the Middle East or Africa.
At number 10 was the United States, the only Western country to be included.
The foundation said this was directly related to the #MeToo movement.

The release of the report comes amid mounting public outrage in India, where a series of high-
profile rape cases, including two unrelated attacks on girls aged 16 and eight, have forced the issue
of sexual violence back onto the national agenda.
In April, thousands of protesters took to the streets to demand better protection for women, in
some of the largest mass demonstrations held in the country since the rape and murder of a female
college student in Delhi in 2012.
India has long grappled with the issue of sexual violence. In the months following the 2012 case, the
central government moved to pass legislation increasing penalties for sexual assault, rape, and
sexual abuse, including extending prison sentences and introducing the death penalty.
But despite the introduction of stricter laws, around 100 sexual assaults are reported to police in the
country every day, according to the National Crime Records Bureau, with nearly 39,000 alleged
attacks reported in 2016, an increase of 12% from the previous year.
This Is What They Do To Rapists In Different Countries Around The World
We know what kind of reputation India has in terms of sexual assault and it's repercussions. After
certain amendments though, the law has certainly changed for the better, making stringent
decisions in cases of rape. Different countries around the world have starkly different laws towards
sexual assault though, as is evident from the list below.
Check it out!
1. India: Life imprisonment to death sentence
After the Anti Rape Bill of April 2013, culprits are liable to life imprisonment (which is actually 14
years), imprisonment for entire life and even the death sentence in the rarest of rare cases. The
amendment also expanded to include a lot of other kinds of sexual assault that amount to rape.

2. France: 15 years to life

The French are pretty hardcore about their rape laws. They hand out 15 year sentences for rape,
which can be extended to 30 or life depending on the extent of damage and brutality.

3. China: Death sentence or castration

The sentence for rape in China is death, which some might laud for their swiftness. However,
execution without a proper trial is just as savage. Proof of their autocratic leadership shows in the
fact that some convicted rapists who were executed were later found innocent. Castration is also
used in some cases.

4. Saudi Arabia: Beheading within days

The punishment for rape in Saudi Arabia is a public beheading after administering the rapist with a
sedative. The fact that they hand down the same punishment for drug trafficking as well proves that
something very wrong is ingrained in their system.

5. North Korea: Death by firing squad

This dictatorship sentences rapists to death by firing squad. Their lines of justice are so blurred that
for all we know, they just use this as a cover up to execute dissidents.

6. Afghanistan: Shot in the head or hanged to death

Convicted rapists here are shot in the head within 4 days or hanged to death depending on the
judgement handed out by the court.

7. Egypt: Death by hanging

Egypt is also one of the places that still follows the slightly outdated mode of death by hanging. In
the case of rapists though, I think that's pretty ok.
8. Iran: Hanged to death
Rapists in Iran are sentenced to death, sometimes by hanging but sometimes allegedly also by
stoning, which is a gruesome method to go. Sadly enough however, the culture here also ends up
victimising the person who was raped however.

9. Israel: 16 years to life

If someone is convicted of raping a women, he is liable to be sentenced to 16 years in prison. Their
definition of rape is quite inclusive and takes into account other forms of sexual assault.

10. USA: Imprisonment for life

The usual sentence for a convicted rapist here depends on whether the trial falls under state or
federal law. In cases under federal law, the punishments can range from a few years to
imprisonment for the entirety of the rapist's life span.

11. Russia: 3 to 20 years

Rapists in Russia are usually sentenced to 3-6 years in prison. The jail term can go up to more than
10 years depending on the situation, such as if the person causes grievous harm and can be even
higher (20 years) if it's a rare case.

12. Norway: 4 to 15 years

They are one of the most stringent places with regard to rape. Any kind of sexual behaviour without
consent falls under the category of rape here, and the perpetrator can be thrown in jail for a period
of 4-15 years depending on how heinous the crime was. They have such nice prisons though!
There's no way around consent.
Reuter’s Report and Women Safety in India
The issue of women safety has been once again in the debates as Thomas Reuters Foundation has
published an international survey ranking India as the most dangerous place on the planet. While the
credibility of the survey has been questioned by people who are associating the matter with national
pride, there is no doubt in the fact that women in India are far from feeling free and safe outdoors
and even indoors.

Insights from the Survey

 This perception poll was conducted by “Thomas Reuters foundation” which is one of the
leading news organizations of the world.
 548 experts on women issues were asked about the level of safety of women in 193 United
Nations member states.
 43 out of 548 women respondents were based in India.
 The parameters on which respondents were polled were: access of women to healthcare,
discrimination against women, repressive cultural traditions, sexual violence against women,
non-sexual violence against women and human trafficking.
 India topped the list, followed by Afghanistan and Syria.
 A similar poll, conducted in 2011, had placed India at fourth place, behind Afghanistan,
Congo and Pakistan.

Criticism of the survey

 It is being said that the survey is only a “perception poll” and does not show the true picture.
 The National Commission for Women (NCW) has dismissed the perception poll by pointing
out that the countries that have been ranked after India have women who are not even allowed
to speak in public.
 The NCW has also said that that the sample size was too small and could not be
representative of the whole country.

Recent scenario in India

In spite of various claims being made and voices being raised, the situation of women in India remains
precarious.

 Underreporting: The increase in the number of cases reported is usually associated with high
rates of crimes. However, it is not so. Data shows that in urban and relatively progressive
 societies the number of cases of crime against women is high as social taboo associated with
reporting such cases is low. On the other hands, in societies where women are shamed instead
of the perpetrators, such cases go unreported.
 Misreporting: Many of the cases reported under “sexual crimes” involved consensual sex
between “inter-caste” or “interreligious” couple. The men are often detained by the police on
provocation by the “family of the women” and wait in jails for years as undertrials.
 MeToo Campaign: The #MeToo campaign saw hundreds of women publicly accusing
powerful men in business, government and entertainment of sexual misconduct, and thousands
joined it to share stories of sexual harassment or abuse.
 Marital Rapes: Nearly all (98 per cent) sexual violence that women told surveyors they had
experienced was by their husbands. Marital rapes are still outside the purview of “sexual crimes”
in India and it is important that legislation regarding this are formulated at the earliest.
 Judicial delay: Cases take years to come to trial and the rate of conviction is abysmal. Even
sensitive cases like Nirbhaya took more than 4 years to deliver justice. Many women give up on
their cases as they are constantly being terrorized by the offenders, the society and by the delay
in justice delivery.
 Lack of efforts on the part of government and bureaucracy: The Nirbhaya Fund, created to
ensure the dignity and safety of women, towards which the government has allocated 1,000
crore Rupees per year since 2013, has remained largely unspent.
The culture (or lack of it) in many states condones kangaroo courts, honour killings, female
mutilation, child marriages and forced marriages. Add to it the poor state of healthcare, poor law and
order situation, all of which affect women more because of their perceived low social status.

How do we need to look at the report?

While this report is being seen by many as an evidence of increasing violence against women in India,
a more optimistic lens is needed to look at it. As stated earlier, this result might actually be capturing
some progressive rather than regressive trends i.e. more women are coming out to voice their rage
against sexual crimes and discrimination.

Pointing fingers at the methodology employed in the survey or the anonymity of the respondents
combined with straightaway denial of the grave situation in our country is an indicator of the
prevalent misogynistic attitude. Similarly, making this an issue of national pride is not going to lead us
anywhere. Instead of scrutinizing the report, we need to react more positively and introspect the
underlying causes of increasing violence against women viz. the inability of our patriarchal society to
handle the challenge posed to male domination by independent women.
Likewise, it is important that moral education and sex education are made compulsory in school so
that the next generation can be set free from the paternalistic attitude towards women and the social
taboos that demean women.

In the short run, the police and judiciary need to be sensitised towards women’s issues so that no
woman would be afraid to approach the police or the courts. This would prove more effective than
bringing in more and more laws for women which are rarely implemented.

In the End
The report from Thomas Reuters Foundation has added just another spark to the already heated
debate around the condition of women in India. However, it needs to be emphasized that the
discourse should not end on making women “safe” but rather go on to redefining the patriarchal
notions of “safety” and “freedom” of women. Given this, it is also important that that the
protectionist dialogues around emotive issues like rape, female foeticide and discrimination evolve to
delve deeper into the issues of socio-cultural conditioning of women and also delve into the popular
misogynistic narratives. Thus, we need to courageously challenge the systemic and social basis for the
oppression of women.