[Reader-list] campaigning against death penalty

Sat Aug 21 09:52:23 IST 2004

Dear Rahul,

I am glad that you share the concerns.

And no, I have not made an assumption that those who are against death penalty for rapists are male chauvinists. Those were the kind of comments I heard at different venues in the debates around the current death penalty case. Indian feminists have made their stand against death penalty clear.

About death penalty not being a deterrent to rape, I would not argue from this position at all. Two reasons: first, it will strengthen the notions related to chastity and sexual purity of women - a violence of their body being a violence against the family/community identity. And second, despite the existing laws being not so stringent, the current conviction rate remains abysmally low. Applying this argument the conviction rate should have been higher. We are still dependent on the attitude of the judges and prosecution for a conviction.  

 As I mentioned in my previous mail about portrayal of Dhananjoy Chatterjee, all we have been hearing in the media is how traumatized he has been, how well behaved he is, how he has been worshipping and devoting time reading geeta, what he has been writing, how much he loves music, how his family is grieving, how supportive people from his village has been and so on. And this is where I make a point of departure. The campaign has been uncritical and ended up romanticizing a rapist and a murderer.  He should have lived and languished in a jail forever, regretting or not but definitely knowing that he committed a crime. The glory that was bestowed on him, perhaps made him see himself as the wronged hero. 

As for your question regarding how sexually assaulted women can to be stigmatized and denigrated, I have not been able to figure it out entirely. But I often think in terms of the practices of the social systems and institutions that burden women as symbols of family and communitys identity and the good old patriarchy that places the onus of keeping safe on women rather than holding the perpetrator accountable.  Theres something more fundamental, sex as an oppressive mechanism to control those who due to various other reasons are already rendered weak in the power relations.  

Warmly,

Nisha

"Asthana, Rahul" <Rahul.Asthana at CIBC.com> wrote:Nisha,
I fully agree with you that there should be more discussion on this,and it is not as simple as black and white. 
But there is something that  we must make distinctions about and separate - for eg. the debate for and against death penalty should not be linked to the tolerance or intolerance of sexual violence against women. If someone is against death penalty for the rapist it should not be construed as fostering male chauvinism of the worst type as you say- 
"We also told that if you can't do that then stay at home (as if that is a safe place) and kept safe from threats ranging from a load flesh coming on your screen in the next door cyber café to pinching, flashing and verbal sexal assault on the road, in the shops and at public place store. "

If such a message is sent out, it is unfortunate.How the seriousness of the crime manifests itself into the seriousness of the punishment, is an issue to be examined.
Someone earlier posted that if death penalty becomes the norm in such cases, more people might be let off without any punishment. so, the debate can have other angles as well.

Furthermore, this is my personal opinion and I would like to examine it by posting it here, that the heinousness of sexual violence is actually a double whammy against women.Every culture, not just eastern and third world, but western and developed countries too, somehow  treat rape as something which is demeaning to the victim herself.There are hoards of examples in our culture. For example - I can rememeber countless scenes from hindi movies when the woman after being raped..says..
"Ab to mai kisi ko muh dikhane ke kabil nahi rahi.." and goes to commit suicide or something.Or another-the term "izzat lootna " 
How can somebody loot somebody's izzat? If a man is raping a woman, is he surrendering his own izzat or looting hers? Why we tolerate and use such language? 
I wonder how it came to be this way.Sometimes I feel this is like a big conspiracy which generations of men have perpetrated against women, and we are so steeped in 
this nonsense that we make it true by believing in it. We are actually making the crime more heinous by believing that it is heinous.I think that the after the victim is raped, besides the obvious physical trauma of rape, she also has to undergo pity of the bechari rape victim and stuff like that. Its not like a car hit you when you are crossing the road and you report the driver to the police.The pity for a rape victim is like "iski to life barbad ho gayi.." and not like "iska haath toot gaya" or something.
Again,besides the cultural component, there is one more component of the stupidity against rape victims- male chauvinism .some males feel that if a girl wears "provocative" clothes,she is a party to the crime and she invites rape, which is comeple BS according to me.I wonder what they would feel if they were raped by girls for wearing some tight jeans or stuff like that.So, in campaigning against sexual violence, if we work against the attitudes pertaining to it, so that-
a) The victim does not get patronizing ,demeaning and idiotic sympathy and ostracization.
b) Her case is judged farily and the blame  not  apportioned to her for not confirming to some stupid parochial norms ..
he  ostracizing of victims and the shame they might possibly feel(ironically) for being a victim might possibly change.That might lead to more and more rape cases being reported and rapsits being punished.

Thanks and regards
Rahul

-----Original Message-----
From: reader-list-bounces at sarai.net [mailto:reader-list-bounces at sarai.net]On Behalf Of nisha -
Sent: Tuesday, August 17, 2004 10:13 AM
To: reader-list at sarai.net
Subject: Re: [Reader-list] campaigning against death penalty

Looking at Chatterjee case, I'm amazed that how easy it is to ignore the political implications of sexual violence. Issues around rape and sexual abuse of various types have caused deep divisions in both anti-violence against women campaigners and human rights campaigners. And it has definitely put those like me who believe in the right to life as well as justice. 

The dilemma arises from being thrown in a situation where one is supposed to declare either for or against stand in a death penalty case. It doesn't matter if majority of those who are campaigning against death penalty do not see sexual violence (leave alone physical violence) as grave enough to deserve a more serious thought than 'poor man he has already served 14 years in jail' or 'so and so did it, he wasn't given a death penalty'. It doesn't matter if you feel that criminal jusrisprudence must work out a way in which concerns of women's and girls' physical and bodily integrity and safety are given the consideration they deserve. It doesn't matter if you would like to hear a deabte about what kind of laws could make the perpetrator take full responsibility for an act of sexual violence without taking away his life. You are just supposed to take a for or against position in a typical Bush style.

The rampantness of sexual violence is acknowledged in so far that its existence is not being denied and work against issues of rape and sexual abuse is considered necessary if not as vital as other social issues. But when it comes to punishing the perpetrators, the message we get is don't make the poor man such a monster. And instead of a debate on legal and public responsibility we are told it is a matter of real life, it just there so learn survival skills and develop the strength to cope with it. We also told that if you can't do that then stay at home (as if that is a safe place) and kept safe from threats ranging from a load flesh coming on your screen in the next door cyber café to pinching, flashing and verbal sexal assault on the road, in the shops and at public place store. 

It fills me with so much of anger when I think of all the women and girls who are being assualted every second and killed so often and see scant thought going to their right to life and sexual rights. What kind of a campaigning for right to life is this death penaly row, if it is not even willing to see the other side of the violence?
Nisha

vishwajyoti ghosh <ghoshvishwajyoti at rediffmail.com> wrote: 

"In my next life, I want to be born as a rich man..."
-Dhanonjoy Chatterjee
For those of us who feel rapists should be dealt with an extra firm hand...I agree, But will I see:
Sanjeev Nanda
Salman Khan
Sushil Sharma
D.P Yadav & his sons 
(to name only a few) 
and all the regular rapists of Delhi and adjoining areas walking to the gallows???
As a nation, we might have to answer many such cases within ourselves, for times to come. Till then Chatterjee's words wish will continue to be a proven fact, and not a mere wish...
Happy Independence Day guys!

On Thu, 12 Aug 2004 Sourav wrote :
>Regarding the death sentenced, I agree, blood against blood is not a
>solution, also we will be killer like him if we hang him. But I don't know
>where to appeal and president's emails address, please guide us and we will
>send the signatures and mails against hanging.
>
>Sourav.
>
>West Bengal.
>
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