It is not unusual to hear people talk of fighting fire with fire, but is it appropriate to recommend fighting crime with crime? Former Haryana Chief Minister Om Prakash Chautala apparently thinks it is. Endorsing the regressive views of some khap panchayat leaders in his State, Mr. Chautala suggested that the growing incidence of rape be addressed by relaxing the laws relating to child marriage (an offence under Prohibition of Child Marriage Act, 2006). This is a rape of reason, based on a dangerous and completely false idea that masks the distinction between sexual desire and rape. While the first is a natural human desire, the second is a violent act borne principally out of an aggressive urge to dominate the victim; power and humiliation are integral to this act of violence rather than sexual fulfilment. The belief that there will be a radical reduction in rape incidents if men and women were allowed to marry before they turn 18 is easily disproved by some basic facts about this and other forms of sexual assault. It is stupid to assume that only single men are perpetrators of this crime; married men are rapists as well. Similarly, married women are frequent victims of rape. Finally, the idea that rape will be dissolved by marriage ignores the fact that it can — and does — take place within marriages as well.
There has been a spate of rape incidents in Haryana recently — as many as 17 in a month — in which a number of victims have been Dalit women. Already under pressure, the Haryana government and the Congress party at the State and the Centre must also contend with the ridiculous statement of a State minister explaining away most rapes as the outcome of consensual sex. Apart from taking action against the minister for making light of a serious problem, Congress president Sonia Gandhi, who visited Haryana, ought to have led from the front in condemning the child marriage ‘remedy’ for rape. It is hugely ironic that this argument is raised in a country where child marriages frequently take place. Recently, four U.N. agencies estimated that more than 40 per cent of the world’s child marriages take place in India; also that in eight States of the country, over 50 per cent of young girls are married before they reach the age of 18. Mercifully, the Jat Mahapanchayat, which comprises khap panchayat leaders from across Haryana, has distanced itself from the demand of some members that the marriage age for girls be brought down to 16. Child marriages are a violation of fundamental rights and a major impediment to the empowerment of women and the establishment of gender equality.
Keywords: Haryana gang-rape, Om Prakash Chautala, khap panchayat
A very thoughtfully written aricle...Nice work. keep it up "The Hindu.' Hope for more from you.
RAPE, a crime that shakes women from their root.I can better state in
Haryana"Its season of rape",20 cases till today.Again a fresh case of
gang rape from Rohtak.
I just fail to understand that inspite of blaming each other playing
dirty politics no one is taking it seriously because the rape victims
came from so called dalit families ,are poor and not powerful.
Its a heinous crime in which the girl/women are in the
mantel/physical trauma without a single fault and the one who perform
this crime moves free in society.
For my utter surprise still all are advocating a guidelines to women
only instead of catching the culprits and punishing them in a manner
so that no one in dream can think of doing it in future.
Khap panchayat advocates lower the marriage age of girls to 15 years
that is totally absurd.Who is khap to decide all that?
The only way is to punish the culprit in a manner so that their each
cell must shiver to think of it.So that we can protect the honour of
our women.
The debate between child marriage and adult marriage does not carry weight.Medically or biologically a girl becomes mature as soon as she reaches puberty that is she is able to conceive a child. Hence they can be no age bar for a girl to marry either at 15 or 25.Before attaining a puberty it is medically and religiously disallowed to have any alliance and in Islam it is strictly prohibited,to have sex before a girl reaches puberty. Hence Islam seriously restricts any marriage before the bride or groom attains puberty.It is a very clear law.Now in the west if they think a girl is matured only after 25 it is their prerogative they are already facing the consequences. We should act according to our local environment and needs,and many of our social problems will disappear.
Rape is a severe crime. So is a child marriage. The attempt to cure one crime with another one is unbelievably stupid and dangerous concept. Especially when presented by supposedly educated politicians and public figures with a significant influence on a legal system in your country. It is a shame half a century after regaining it's independence India is heading backwards and the basic human rights are not guaranteed for all regardless their gender, cast, education or society position.
once again a frivolus remark by khap panchayat and wiredly endorsed by a former chief minister. really it very surprising for me as a person how each and every time such henious works are tried to be corelated with various irrelavent issues such as woman's attire,their late night work, their caste and this time marrige age. this completely shows how much these people understand the gravity of this serious issues. perperators of society shall be punished with a plam hand rather than giving such futile advices.I want to cogratulate the author over his right concerned article.
I believe fear of punishment is solution to all these problems. If some one found guilty he should be punished in a such way that he will never think again about it. Punishments in India are very light and even notorious terrorists won't get punished well. We should learn from the developed countries. Again court and judiciary should very good identifying culprits.
In some countries, people dont even dare to eve-tease just because they get punished severely. law and order can be controlled only through these right measures.
Well written article. Marriage age should not be reduced. Instead death
penalty should be given to rapists. The mothers, sisters and wives of
the rapists should come forward to hand them (rapists) over to the
police.
This calls for self reflection of what is and what has gone wrong in the fabric of our society. We are a country where women and girls are respected & worshiped during Durga Pooja and so many festivals, and on the other hand here we have an array of crime incidents against women. Strict action must be taken against the accused to send a strong message and also bar these criminals from taking part in any social activity and malign their reputation to maximum, within the ambit of law. These are the people that are a blot on Indian culture and not Valentine Day, Hope the fundamentalists get the message here
Rape is a heinous crime calling for very severe
punishment. If the laws of the land could not take their
course,it would then be welcome for the lynch law to kick
in by default. However,given the mind-set of the Haryana
male population who will take the lead ?
Problem in India is this. It is not poverty, caste, religion etc.
They are not main problems because people are by and large
moderate, amicable and are adjusting to a give-and-take
sympathetic principle. It is the nasty political bickering that
highlights these as issues. This has been the history for a long
time not only in India but everywhere. The bothering bottleneck
is this only. None is committed to the Constitution and work
forward and bring systems in place. Certainly, the Constitution
can be discussed in a civilized manner for any changes to be
brought about. But everyone wants a managerial say. Thoughts are
provocative not for enlightenment of reason but for immediate
solutions. There is too much independence and no wish to adhere to
a framework of laws and regulations. Misuse or abuse of law is
everywhere. Delays are caused for no reason. Shortcuts are devised
without rhyme or reason. Let us rectify these as a society.
The age old oppression on women and the increased instances of crimes
perpetrated on women founded mostly on casteism and also taking cover
under mythology makes our heads bow in utter shame. A few like Chautala
enjoying all warmth of power stoop down to such a low to defend them or
to shift the focus of the gravity of the crime. The laws though appear
stringent, suffer short of implementation as the process of trials is
labyrinth and law enforcers could hardly battle the administrative veto
slapped from power centres for the felons to evade through. Instances
are aplenty. Did we not see the chairman of NCW taking dig at the dress
code of the rape victim of Assam? Did we not witness the CM of Assam
displaying the photo of the victim? Did we not hear the shocking
comments of the CM of West Bengal on the Park Street rape? The movement
like the one waged by Tamilnadu Untouchability Eradication Front in
Vachathi is an eye opener to make Chautalas to bite the dust.
Truly speaking, Haryana is in a dismal state of affairs when it comes
to preserving the just rights of women. The spate of incidents have
resulted in more and more moral degradation of the society.
The problem is that the state has shed its responsibility.
Marrying girls before 16 for the reason that they do not get raped is
completely baseless and reckless statement by Haryana's politicians. If
we do this, we would be neglecting the hard work done by our social
reformers during the Modern Indian era. It would be like going back to
pre-colonial and colonial times.
The ways forward is to act now and fill the lacunae in law is there is
any, and take the solution which is in best interests of the state so
that 50% population of the state( i.e women) are able to lead a
dignified life.
Kudos to The Hindu for coming up with the succinct editorial, rightly titled "The rape of reason", to create awareness in the minds of the people about the utter lack of logic in the conclusion arrived at by some Khap panchayat leaders of Haryana - which has been thoughtlessly endorsed by the state Chief Minister Om Prakash Chautala too-that the heinous crime of rape, now widely prevalent, can be eliminated if the laws relating to child marriages are relaxed.The suggestion is absurd beacause, as pertinently pointed out, several married women have been victims of rape. The laws against child marriage, which have been so thoughfully enacted after considering all the pros and cons involved, should not be allowed to be watered down under any circumstances.
The khap panchayats are known for their frank views,but i am shocked to
hear that they wants ammendment in child marriage act to 16. The early
marriage disrupts her education,her childhood and also its very
dangerous as health as concern.
Since the days of Aya-Rams and Gaya-Rams, the state of Haryana has
contributed only regressive attitudes and dubious Generals to the nation
in addition to the chicanery in Bollywood. Chautala merely continues
with this miserable legacy.
it is shameful a big jaat leader talking that marriage should be
15yr,its not a logical thing and khap panchayat is providing support to
him.Rather than punishing the culprits , they are just diverting the
situation. This type of statements make the situation worse.According to
me the only solution for the rapist is to make the law hardest for the
culprits and provide mentally, financially support to victim as much as
possible.
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