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March 21st, 2007

OK so there is really not going to be a delicate way for me to talk about this. I am sorry if I offend anyone, but when I read the article this AM on the front page of the Times of India about the Indian Supreme Court defining the long-used term of a woman’s ‘modesty’ I think I about hit the roof.

There is apparently some long-standing penal charge on the books of “outraging a woman’s modesty” which was never really defined. So the SC came out with a definition of this modesty, which is ” the essence of a woman’s sex”

My issue is this. Under the penal code, any act which falls short of actual penetration of the above named ‘essence’ (which is indirectly referring to the female sexual organ) is simply an outrage of modesty. You have to have penetration of this particular part for there to be a charge of rape.

I have never heard of something so entirely draconian and upsetting in my life.I can think of at least 5 other ways in which a woman can be violated which should qualify as rape, but apparently… not.

Now, I am happy that there is a serious charge for harassment. But this same charge simply is not enough to cover all forms of violation. And that definition! WHAT? The essence of my modesty is my sex? Oh so if you offend any other part of my body, my modesty should by all accounts still be intact?

Women, how does this make you feel? Do you feel at all protected by this clause?
Men, do you feel this charge is serious enough to deter anyone from crimes against women?

6 Crumbs for this post
Sheena says:

I think this is absolutely preposterous. The best way to make these old farts understand is to put the women in their lives in some of these situations and see how they feel about defining the law so narrowly. It’s disgusting. I wonder how this law defines rape for men - if some perverted guy grabbed another man’s nads, what happens then?

Chitra says:

Sheena, I understand your frustration but I think its unfair to say that the “women in their lives” be put through such trauma just to prove that its painful. Again its only the woman who suffers and the men, however sensitive, cannot understand the humiliation that a woman experiences.
No woman deserves to go through such pain.
I think, this is a battle every woman fights and thank god, we are more aware and empowered than ten years ago. I do hope that someday world will be a safer place for women but in the meantime the least we can do is share our thoughts and be there for each other.

smallsquirrel says:

chitra… thank you for your insight. I agree. the women who have to live with these men are suffering enough! I think, however, maybe sheena did not mean it literally…. just that maybe these men are clueless because no one they love has been victimized. anyway, I wish that kind of torture on no one.

sheena… is that what you meant by your comment????

Chitra says:

I am sure it wasnt meant literally but its scary even if its just a passing thought. And moreover I wanted to draw your attention to the fact that its impossible for anybody except the victim to understand that pain and humiliation.
I agree that nobody would wish such a thing for someone.

smallsquirrel says:

I agree Chitra. One reason I brought this issue up is that in the US I worked for many years as a rape crisis counselor. The damage and pain that these crimes cause is really deep and disrupts womens’ lives. But it seems that rape and assault here are too often just glossed over. The fact that serious assault against women falls under “eve teasing” suggesting that it is lighthearted play, is frightening to me. I will post a piece I wrote a few months back on this subject if anyone is interested.

Chitra says:

Its appalling. It will be interesting to read about your experiences and learnings as a counselor. Do write about it.

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