The Human Impact

Gender injustice: When Indian judges get it wrong

An Indian judge who called pre-marital sex “immoral” and against “the tenets of every religion” has been criticised by activists who say his remarks highlight gender insensitivity within the judiciary and the challenges faced by victims of sex crimes in seeking justice.

Judge Virender Bhat, who presides over a fast-track court which hears cases of sexual offences, made the remarks after ruling in one case that there was insufficient evidence that a man had duped a woman into having sex with him by promising marriage.

According to the Indian Penal Code, a man who has sexual intercourse with a woman after obtaining her consent on the false promise of marriage is committing rape.

“In my opinion, every act of sexual intercourse between two adults on the assurance of promise of marriage does not become rape, if the assurance or promise is not fulfilled later on by the boy,” the judge said.

“He may or may not do so. She must understand that she is engaging in an act which not only is immoral but also against the tenets of every religion. No religion in the world allows pre-marital sex,” he added, acquitting the accused of rape.

Why the India gang rape verdict doesn’t bring closure

In life she had one name. But in death she has many. Some call her “Nirbhaya”  meaning fearless in Hindi, others refer to her as “Amanat” meaning treasure or “Damini” meaning lightening.

Many in the Indian media just call her “India’s Braveheart” or “India’s daughter” – symbolising the fact that she could have been any one of us. Any woman or girl in this country, where the threat of abuse – verbal, physical or sexual – is horrifyingly real.

On that night of December 16, six assailants raped her on a bus as it moved through the streets of New Delhi. They tortured her with an iron rod, stripped her naked, dragged her by the hair and threw her out onto the road in the cold.

How old is old enough to be jailed for gang rape and murder?

The crime was horrific, the case shocking, and the trial long. Yet when the much anticipated first verdict in the high-profile Delhi gang rape case was pronounced in India over the weekend, there was no jubilation, just outrage.

Found guilty of the gang rape and murder of a student on a bus in December, the teenager – one of six accused – was sentenced to three years in a juvenile home, sparking anger and debate over whether India is too soft on its young offenders. Four adult defendants are on trial in a separate fast-track court. One of the accused committed suicide in jail.

The first reaction came from the parents of the dead 23-year-old student, who was beaten, tortured with an iron rod and raped on the night of Dec. 16 before being dumped on a roadside in the capital.

Extreme measures to “protect” daughters in India

Gurpreet Singh is a determined man. But he is an even more concerned father.

The 32-year-old investment adviser is leaving India and migrating to Australia. There is nothing new in that — tens of thousands of professional Indians emigrate every year.

Unlike most of them, Singh’s reason for leaving is not the pursuit of greater economic returns, but a search for something increasingly perceived by parents to be lacking in India — security for their daughters.

It was the gang rape and murder of a young woman on a bus in Delhi last December that jolted Singh, like millions of middle-class urban Indians, and awakened him to the brutalities women and girls face in this largely patriarchal country.

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