CORRECTIVE RAPE IN INDIA BY KODALI NEEHARIKA@LEXCLIQ

CORRECTIVE RAPE IN INDIA

INTRODUCTION :

CORRECTIVE RAPE’ IS A PRACTICE, WHERE RAPE PERPETRATED BY STRAIGHT (HETEROSEXUALS) MEN AGAINST LESBIAN WOMEN (OR) STRAIGHT WOMEN AGAINST GAY MEN. IN SIMPLE WORDS, CORRECTIVE RAPE IS AN UNETHICAL ACT WHERE HOMOSEXUALS ARE RAPED IN ORDER TO CURE THEIR SEXUAL ORIENTATION. FROM THE ABOVE TEXT, ONE CAN INFER THAT A PERSON WHO COMMITS THIS CRIME WANTS TO SET RIGHT SOMETHING WHICH THEY FEEL MISLEADING OR UNETHICAL.

THE AIM OF THIS RESEARCH PAPER IS TO EXPLAIN IN GRAPHIC DETAIL ABOUT A HATE-CRIME WIDELY CALLED CORRECTIVE OR CURATIVE RAPE, STEMS FROM SOUTH AFRICA, THAT IS WIDELY PRACTICED ACROSS MOST OF THE STATES IN THE INDIAN SUBCONTINENT, YET UNREPORTED. THIS ARTICLE ALSO DEALS WITH THE FACT AS TO WHY THESE CASES GO UNREPORTED AND ALSO ANALYSES IF THE LEGISLATIVE LAWS FOLLOWED IN THE COUNTRY ARE SUFFICIENT TO PUNISH THE PERPETRATORS WHO COMMIT THIS CRIME.

POSITION IN INDIA :

THE DEFINITION OF RAPE AS GIVEN IN SECTION 375 OF THE INDIAN PENAL CODE, IS RELATABLE TO CORRECTIVE RAPE. IT STATES THAT, “SEXUAL INTERCOURSE WITH A WOMAN AGAINST HER WILL, WITHOUT HER CONSENT, BY COERCION, MISREPRESENTATION OR FRAUD OR AT A TIME WHEN SHE HAS BEEN INTOXICATED OR DUPED, OR IS OF UNSOUND MENTAL HEALTH AND IN ANY CASE IF SHE IS UNDER 18 YEARS OF AGE.” IT IS ALSO RAPE IF IT FULFILLS THE FOLLOWING CONDITIONS AS MENTIONED IN SECTION 375 OF IPC, 1. AGAINST HER WILL. 2. WITHOUT HER CONSENT. 3. WITH HER CONSENT, WHEN HER CONSENT HAS BEEN OBTAINED BY PUTTING HER OR ANY PERSON IN WHOM SHE IS INTERESTED IN FEAR OF DEATH OR OF HURT. 4. WITH HER CONSENT, WHEN THE MAN KNOWS THAT HE IS NOT HER HUSBAND, AND THAT HER CONSENT IS GIVEN BECAUSE SHE BELIEVES THAT HE IS ANOTHER MAN TO WHOM SHE IS OR BELIEVES HERSELF TO BE LAWFULLY MARRIED. 5. WITH HER CONSENT, WHEN, AT THE TIME OF GIVING SUCH A CONSENT, BY REASON OF UNSOUNDNESS OF MIND OR INTOXICATION OR THE ADMINISTRATION BY HIM PERSONALLY OR THROUGH ANOTHER OF ANY STUPEFYING OR UNWHOLESOME SUBSTANCE, SHE IS UNABLE TO UNDERSTAND THE NATURE AND CONSEQUENCES OF THAT TO WHICH SHE GIVES CONSENT. 6. WITH OR WITHOUT HER CONSENT, WHEN SHE IS UNDER SIXTEEN YEARS OF AGE.

 

INCIDENTS IN INDIA :

THERE ARE VERY FEW CASES OF CORRECTIVE RAPE BEEN REPORTED IN INDIA. AS SAID EARLIER, THERE ARE MANY HORRIBLE CASES REPORTED IN SOUTH AFRICA EVERY CALENDAR YEAR IN RECENT TIMES. BUT, IN A CONSERVATIVE COUNTRY LIKE INDIA, THE VICTIMS ARE SHY AND TUNED IN A WAY SO THAT THEY WON’T REPORT THESE CASES. IF AT ALL A VICTIM COMES FORWARD TO REPORT THE NIGHTMARE HAPPENED TO THEM, HE/SHE IS SUBJECTED TO VERBAL AND PHYSICAL ABUSE BY THE POLICE WHO IS MEANT TO PROTECT HIM/HER.

IN VIEW OF THESE HARDSHIPS, CRISIS INTERVENTION TEAM OF THE LGBT COLLECTIVE MADE RESEARCH AND GAVE SOME SHOCKING REVELATIONS.

I) THERE ARE AT LEAST 15 CORRECTIVE RAPE CASES, IN ANDHRA AND TELANGANA, IN THE PAST FIVE YEARS.

II) THESE CASES ARE KNOWN NOT BECAUSE THE VICTIMS REPORTED THEM, BUT BECAUSE THEY SOUGHT HELP TO FLEE THEIR HOMES. MOST SHOCKINGLY, THE RAPIST IS USUALLY A RELATIVE, HANDPICKED BY THE FAMILY MEMBERS, ASSIGNED TO TURN STRAIGHT THEIR HOMOSEXUAL KID.

III) VICTIMS FIND IT INDIGESTIBLE TO SAY THEIR BROTHERS/COUSINS TURNING RAPISTS SO, THE VICTIMS DECIDE TO DELETE THIS INCIDENT FROM THEIR MEMORY AND CUT OFF THEIR TIES WITH THE FAMILY. THIS REMAINS THE REASON WHY MOST OF THE CASES GO UNREPORTED.

A HYDERABAD BASED FILMMAKER; DEEPTHI TADANKI IS WORKING ON A SHORT FILM NAMED ‘SATYAVATI’ WITH THE ROOT OF CORRECTIVE RAPE. WHILE RESEARCHING FOR HER FILM SHE SAID THAT, “WHEN I WAS RESEARCHING ON THIS SUBJECT FOR MY FILM, I CAME ACROSS TWO GUT WRENCHING STORIES OF CORRECTIVE RAPE — ONE, WHERE A LESBIAN GIRL WAS RAPED BY HER COUSIN SO THAT SHE COULD BE “CURED” OF HOMOSEXUALITY; AND ANOTHER, WHERE FAMILY MEMBERS FORCED A GAY BOY TO HAVE SEX WITH HIS MOTHER, IN A BID TO TURN HIM ‘STRAIGHT’. I TRIED REACHING OUT TO THESE VICTIMS, BUT THEY REFUSED TO TALK.”

CONCLUSION :

OWING TO THIS PERCEPTION, FEW PEOPLE SET OUT TO CORRECT THEM. SOME HETEROSEXUAL MEN THINK LESBIANISM AS AN INSULT TO THEIR MASCULINITY AND POWER. THIS INJUSTICE AND PERCEPTION SHOULD BE SET RIGHT. TO ACHIEVE THIS, THE AUTHOR OF THIS RESEARCH ARTICLE DEMANDS AN EXCLUSIVE LAW FOR DEALING WITH HATE CRIMES. THE AUTHOR BELIEVES THAT THE ACT OF PROJECTING A HATE CRIME AS AN ORDINARY CRIME IS A HATE CRIME ITSELF. THE ONE AND SUPREME REASON TO FRAME A NEW LAW RATHER THAN AMENDING THE EXISTING LAW IS THAT, AMENDMENT OF THE EXISTING LAWS WOULD NOT BE AS EFFECTIVE AS HAVING AN EXCLUSIVE LAW. AND MOREOVER, AN AMENDMENT TO THE EXISTING LAW DOES NOT ALLOW THE SPACE TO ELABORATE CERTAIN THINGS.

IN INDIA, A GIRL’S PARENTS ARE OFTEN MOTIVATED TO MARRY THEIR DAUGHTER TO A COUSIN I.E., HER FATHER’S SISTER’S SON OR HER MOTHER’S BROTHER’S SON. AND, WHEN THEY FIND HER IN ANY RELATIONSHIP, SHE IS FORCED. BUT IN THIS CASE, WHEN THEY FIND THEIR KID TO BE A HOMOSEXUAL, THE PARENTS/RELATIVES TAKE HORRIBLE DECISIONS TO SAFEGUARD THE REPUTATION OF THEIR FAMILY. ELDERS IN THE FAMILY FIRMLY BELIEVE THAT HAVING SEX, EVEN IF IT IS UNWILLINGLY, WILL CURE HIM/HER.

 

-KODALI NEEHARIKA

 

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