Author: Gaurav Kumar Yadav, V year of B.A.,LL.B. from Integral University
Co-author: Ananya Mishra, III year of B.B.A.,LL.B. from Integral University
PATRIARCHY, MISOGYNY AND SEXUAL ASSAULTS: A SYNOPSIS OF THE CONTEMPORARY PREJUDICE
INTRODUCTION
"While a murderer destroys the physical frame of the victim, a rapist degrades and defiles the soul of a helpless female."
-Justice ArjitPasaya
Misogyny and patriarchy, are part of male dominant society.Patriarchy and Misogyny which have been prevalent in the society since ages create many problem for women . The word misogyny has been derived from the Ancient Greek word “misogunia” whose literal meaning is hatred for women. [1]Misogyny can also be found in sacred text of religions, mythologies, and western and eastern philosophies. [2]As mythology has given its opinion about women, every religion had its own perspective. If we lookinto the Hinduism perspective about the status of women, some text present them as goddesses and some confine them into daughter, mother, wife as stated in Manusmriti. [3]Latin Christianity's father Tertullian stated that being a woman is a curse given by God and they are the Devils gateway. [4]. If we see Islam their Holy book Quran has 4th chapter called An-Nisahaving the literal meaning ofwomen.The 34th verse is the crucial verse in the feminist criticism of Islam which states:
“Men are in charge of women by [right of] what Allah has given one over the other and what they spend [for maintenance] from their wealth. So righteous women are devoutly obedient... But those [wives] from whom you fear arrogance-[first] advise them; [then if they persist], forsake them in bed; and [finally], strike them. But if they obey you [once more], seek no means against them.”[5]
Over the years, the practice has developed into an ideology that has overturned society as a cloud of smog that reduces their site.
Patriarchy plays a majorobstruction in the advancement and development of women. In today’s world where women are moving forward and achieving milestones based on their ability and merits, patriarchy acts as a barrier to the success of women, and pushes them back from achieving their goals. The secondary and inferior status of women in society is because of patriarchal institutions and social relations. The patriarchal society limits and violates women’s human rights by giving utmost priority to men. Patriarchy had seen male supremacy over both public and private sector. For centuries, women have been suppressed, and their rights as human beings had been neglected and violated,the role of women was to look after the house, kids and care for their husbands. They also did the housework - cleaning, ironing, and preparing meals..This is no more the scenario in today’s modern world. Now women just don’t want to limit themselves to household chores but also want to achieve something more than that. But even today, the male dominating society questions woman upon their choices made and pushes them back. Both Patriarchy and Misogyny play a crucial role in creating problems for women in society like gender discrimination, sexual assault, violence and sexual objectification. Even after several government policies been made for the safety of women there come up incidents of sexual assault and violence against women in some form or the other. We readabout cases of sexual assault which clearly shows that the tendency and mindset of society for women has not changed even today.
SEXUAL ASSAULT
Sexual assault is an act in which a person without taking consent of another person touches intentionally in sexual manner or physically forces to a person to engage in a sexual activity against their will. Sexual assault is a form of sexual violence, including child sexual abuse, , rape (facilitating forcible vaginal, anal or oral penetration or sexual assault with a drug), or torture of a person in a sexual way [6].
ACTIVE ROLE OF MISOGYNY & PATRIARCHY
Sexual assault is serious cultural and social problem in society. . Misogyny has taken shape in multiple forms such as male privilege, patriarchy, gender discrimination, sexual harassment, belittling of women, violence against women, and sexual objectification.[7] The data shows how serious this issue is and how patriarchy and misogyny play a major role in such type of crimesaround the world. Almost 1 in 3 women have experienced physical or sexual violence at least once in their lifetime, according to a new report released by the World Health Organization. That number has remained largely unchanged over the past decade, WHO said.[8] India’s rape-related crime rate rose 70.7% over the last two decades from 11.6 per 100,000 women and girls in 2001 to 19.8 in 2018, according to a report by Public Health Foundation of India.[9] . India has an alarming trend that sees 20 women die every day as a result of harassment over a dowry – either murdered, or compelled to commit suicide
[10] Recently, The Quint had shot a documentary that discovered that the attitudes that normalize rape, presented as it is “consensual”. Beyondthe legality, sexual assaults do have deep, diverse meanings rooted in social and cultural context. Regularly justifying rape is just the tip of a larger "iceberg" of patriarchal and misogynist attitudes. The documentary shows how sick people are and what they teach their children. Such misogynist thinking is dangerous for society, the way it has been stated that the reason of getting raped is because girls wear jeans and other short and revealing dresses and thus attracting boys towards them and , by saying that the consumption of chowmein, and doing friendship withboys is a cause of rape and child marriages is the only solution to prevent rape is extremely wrong.According to them girls are the reason for rape and they give consent to being raped.[11]Attitudes towards women’s clothing are revealing. In the first survey, men and women were asked what they considered “inappropriate" clothing for young women out with friends. Skirts, unacceptable to about 88%, and pants to 78%, were frowned upon across genders, a testament to women themselves being co-opted by patriarchy. Acceptable to 94%, only a sari/salwar-kameez was considered appropriate in public. Preference for modest attire might reflect preoccupations with izzat (honour) and fear of honour-related violence. Such attitudes may also indicate support for the idea that women dressed “inappropriately" somehow deserve shame or assault. Urban dwellers are more accepting of pants and skirts—by almost 20 and 10 percentage points (as compared to rural dwellers), respectively. This is likely owing to increased exposure, and is only a relative improvement.[12]
LEGAL PROVISIONS AND JUDICIAL PRONOUNCEMENT
There are a plethora of laws for women’s safety and against sexual assault in India. Cases of sexual assault is increases in India rapidly every day for curbing and reduce the crime of sexual assault government of India made plethora of laws which deals to protect women’s and punish the culprit.
Under IPC section 354 that states as assault or criminal force to girl with intent to outrage her modesty shall be disciplined with easy or rigorous imprisonment with not but one year that extended to 5 years or fine or each. Beneath section 354-A of IPC take care of harassment that state that (1) Physical contact and advances involving unwelcome and specific sexual overtures; or (2) a requirement or request for sexual favours; or (3) Showing smut against the need of a woman; or (4) creating sexually coloured remarks
The penalty for (1) (2) and (3) is rigorous imprisonment a termed extended to 3 years and fine or each or penalty for (4) is either rigorous or easy imprisonment for term that extended to at least one year or fine or each. Beneath IPC section 354-B Assault or use of criminal force to girl with intent to peel – Any man World Health Organization assaults or uses criminal force to any girl or abets such such act with the intention of disrobing or compelling her to be naked, shall be disciplined with imprisonment of either description for a term that shall not be however 3 years however which can be seven years, and shall even be prone to fine.
When a person do sex with or while not taking consent & can is additionally contemplate rape once she is beneath eighteen years. There was associate exception, however, is that intercourse or sexuality by a person along with his mate, a mate beneath fifteen, isn’t rape. Whoever commits the crime of rape, Section 376 carries a sentence starting from seven years in jail to immurement Section 376D once a lady or ladies raped by another person in cluster in acting of common intention then they committed gang rape for this they have to penalize for rigorous imprisonment not less the 20yrs or captivity for remainder of life and with fine. Harassment at geographical point act provides safety to ladies in organized sector or we will say that geographical point.
Vishaka Vs State of Rajasthan [13]
Bhanwari Devi, a social activist from Rajasthan, was mercilessly gang-raped by five men to stop child marriage. To demand justice, he decided to go to court. In a shocking verdict, the trial court acquitted all five accused. Vishaka, a Group for Women Education and Research, take up the case of Bhanwari Devi and they joined other forces with four other women organizations and filed a petition before the Supreme Court of India on the matter of sexual harassment at the workplace. On August 13, 1997, the Supreme Court introduced the Vishaka Guidelines, which defined sexual harassment and put load on employers of providing a safe work environment for women.
Lata Singh Vs State of Uttar Pradesh [14]
Lata Singh was an adult when she left her family home for solemnized marriage with a lower caste man. Her brothers, were unhappy with this, marriage filed a report of missing in police and alleged Lata had been abducted. This led to the arrest of three people in her husband's family. To dismiss the charges, Lata Singh filed a petition in the Supreme Court which resulted into landmark judgement granting an adult woman the right to marry or live with any person of her choice.
CONCLUSION
There are plenty of laws in India which provides protection to women’s against sexual assault but are making laws the solution for reducing the cases of sexual assault? No, only making laws is not the solution to stop the sexual assault cases. Gender Sensitization is really the need of the hour. Instead of teaching the girls of our country to stop wearing short cloths and return home before its dark, we must teach the boys of our country to respect girls. If boys cannot listen or see anything bad happening with their own sister how can they do something bad with other girls? Government must address this issue and look at the root cause of the problem. Gender Equality must be taught to children in their initial years of learning, so that they grow up with a positive mindset and not with the thought of doing whatever they want to do only because they are males and can overpower women with all that they want to. This is a very sensitive issue which must be dealt with at the earliest. We just cannot sit back and blame the government for all the mishap; instead we as a society must come forward and let women grow and explore the outside world. Everything is possible if we think of bringing a change in the society.