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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 Arjit Pasaya

Misogyny, patriarchy, are the part of male dominant society. The human civilization is fill up with the patriarchy and misogyny which creates many problem to women’s. The word misogyny derived from Ancient Greek word “misogunia” which literal meaning is hatred for women. [1] We can found misogyny in sacred text of religions, mythologies, and western and eastern philosophy. [2] As mythology has given its opinion about women, every religion had its own perspective. If we look Hinduism perspective about the status of women, some text present them as goddesses and some confine 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-Nisa which literal meaning is women. The 34th verse is 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 smog that reduces their site.

Patriarchy play major obstruction in the advancement and development of women. Today in Modern world where women move forward and achieve many things on their ability and merits, patriarchy creates barriers for women to move forward in society. 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 right and give full priority to men. Patriarchy refer male supremacy over both public and private sector. For centuries, women have been suppressed, and their rights as a human being were neglected and violated, they were regarded as the bottom of society, and their roles were limited to domestic chores and berthing. Both Patriarchy and Misogyny play a crucial role in creating problem for women’s in society like gender discrimination, sexual assault, violence and sexual objectification. The incidents of sexual assault is increased every day we listen and read about the cases of Sexual Assault which clearly shows that the tendency and mind set of society for women not change in modern world.


SEXUAL ASSAULT

Sexual assault is an act in which a person without taking consent of other person touches intentionally in sexual manner or physically forces to a person to engage in sexual activity against their will. Sexual assault is a form of sexual violence, including child sexual abuse, rape, 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. If we look at the data that shows how serious this issue is and how patriarchy and misogyny play role in such type of crime, actually one in every 50 girls in India is forced to perform their first sexual intercourse or other forced sexual act when she is under 10 years old it is said by Hidden plain sight a UNICEF report on violence on children and adolescents worldwide. In pursuance of a study almost 10% of Indian girls must have faced sexual assault or violence in between age of 10-14 and 30% in between 15-19 age and almost 42% Indian girls faced sexual assault before crossing of teen age. [7] According to government agency NCRB data an average in every 15 min one women raped. [8] For not bringing dowry to husband one women killed in every one hour in India. [9] In recent The Quint shoot documentary that discover that the attitudes that normalize rape, presented as it is “consensual”. Beyond from the legality, sexual assaults are on have deep, diverse meanings rooted on 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 and what they teach their child such misogynist thinking is dangerous for society by saying this clapping is impossible by one hand it is only when boy and girls come together & join two hands then clap is possible, once a girls reach at 14-15 years of age then you can’t call it rape its consensual, the way girls wear jeans and seeing them boys gets attracted that’s the reason of rape, girls don’t go outside when they have some work then they go outside, and order like such girls should married at the age of 16 so they have their husband for sexual need and they not any need to go anywhere else, by saying consumption of noodles, and do friendship with boys cause rape and child marriages is solution of rape, according to them girls are the reason for rape and they give consent to being raped.[10] There are many survey done by (CMIE) and Lok Foundation in between 2014-2017 to between 72,384 and 168,165 respondents’ throughout India. Where people start doing moral policing start raising question on their clothing styles, 88% people not accepted skirts and 78 % not accepted jeans, and found that cloth inappropriate for young women when she is with his friend and thrown throughout the genders a testament to women which co-opted by patriarchy itself. And 94% people said that only sarees\ salwar kameez is suitable for women in public places. Because this attire denote or reflects the izzat (Honour). If we look across by economically and educationally men feel that they are claimant to control women’s bodies and this tendency reflect domestic violence, 20% men’s accepted in survey that they hit and raise their hand against his wife. The flip side is clear by responses that “women’s should be protected by men’s and wear clothes according to men’s” [11] There are many orders of khaap panchayats that girls stop using mobile and wearing jeans and provocative dress because it distract minds and invite men’s counterparts which leads to rape and and many fatwas also issued where it stated wearing tight jeans and other tight or fitting clothes is inappropriate as per the religious beliefs. [12] Such fatwas and khaap panchayat orders shows that how the tendency and mind –set of people are against the women’s and how patriarchy and misogyny play active role in sexual assault cases.


LEGAL PROVISION AND JUDICIAL PRONOUNCEMENT

There are 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 which states as assault or criminal force to woman with intent to outrage her modesty shall be punished with simple or rigorous imprisonment with not less than one year which extended to five years or fine or both

Under section 354-A of IPC deal with sexual harassment which state that (1) Physical contact and advances involving unwelcome and explicit sexual overtures; or (2) A demand or request for sexual favours; or (3) Showing pornography against the will of a woman; or (4) Making sexually coloured remarks

The punishment for (1) (2) and (3) is rigorous imprisonment a termed extended to three years and fine or both or punishment for (4) is either rigorous or simple imprisonment for term which extended to one year or fine or both.

Under IPC section 354-B Assault or use of criminal force to woman with intent to disrobe - Any man who assaults or uses criminal force to any woman or abets such act with the intention of disrobing or compelling her to be naked, shall be punished with imprisonment of either description for a term which shall not be less than three years but which may extend to seven years, and shall also be liable to fine.

When a man do sex with or without taking consent & will is also consider rape when she is under 18 years. There was an exception, however, is that intercourse or sexual activity by a man with his wife, a wife under 15, is not rape.

Whoever commits the crime of rape, Section 376 carries a sentence ranging from seven years in jail to life imprisonment

Section 376D when a girl or women raped by one more person in group in acting of common intention then they committed gang rape for this they have to punish for rigorous imprisonment not less the 20yrs or life imprisonment for rest of life and with fine.

Sexual harassment at workplace act provides safety to women in organised sector or we can say that workplace.


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 can these laws are enough? Or making laws is the solution for reducing the cases of sexual assault? No only making laws is not the solution to stop the sexual assault cases against women’s because as society and government we fail to provide safe environment to women’s. Government must address this issue and look at the ground reality and work on it we have to look the causes of this type of crime why it happened and what is the reason. According to me. Government have to made compulsory sex education at school level and aware the citizens about the gender about do gender sensitisation and also sensitize police and lift the ban from Sexual reproductive health rights people must know about it. And society have to change their mind set towards women’s because every life matter and by such thinking society do injustice against women’s. Society must provide equal opportunity responsibility to women’s and treat them equally and lift all social ban from women’s give them right to enter in temples and educate them don’t discriminate them on basis of their colour, sex. No women is weak no women is less than men. Society must respect their decision and acknowledged them.


The author of this post is Gaurav Kumar Yadav (a student at Faculty of Law, Integral University, Lucknow) and Manahil Kidwai (a student at Institute of Legal Studies, Shri Ramswaroop Memorial University)

The views expressed in this article belong to the author/s and do not necessarily reflect those of the JCLJBlog. We welcome comments and contributions to this blog – please comment below.

#misogyny #patriarchy

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