Journal Articles

Over the Law: Rape and the Seduction of Popular Politics

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As in many parts of the world, rape in India is rarely criminalized in practice. While Indian law
houses an ever-expanding set of provisions against sexual violence (with notable exceptions for
marital and same-sex rape), rape charges are frequently suppressed by the criminal justice
system, processed with excruciating slowness, or can lead to out-of-court settlements. What is
remarkable about the Indian case, however, is the extent to which this general condition of neglect is regularly punctuated by a flurry of state responsiveness: legal reforms, speedy trials,
and spectacular punishments. These intermittent outbursts usually follow periods of large-scale
political mobilization: lobbying, electoral pressure, and the threat and application of force by
mobilized citizens. The aftermath of the Delhi gang rape of 2012, where massive protests initiated
legal reforms and helped “fast-track” the case, provides the most internationally visible example of this dynamic. Delhi was far from an isolated incident. It mirrored a series of other moments in
Indian history when popular politics overpowered legal procedure and legal institutions.

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Detail Information

Series Title

Gender & Society

Call Number

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Publisher

Thousand Oaks, CA : Sage Publications., 2016

Collation

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Language

English

ISBN/ISSN

08912432

Classification

NONE

Content Type

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Media Type

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Carrier Type

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Edition

Volume 30, Issue 1, February 2016, pp. 80–94

Subject(s)

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Statement of Responsibility

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