The brutal gang-rape that took place on a bus in Delhi in December 2012 galvanized feminists both in India and around the world. Among them there were differing views on what this horrific incident meant and what should be done about it; but those differences did not stop women from taking united action. Rahila Gupta argues that if we keep our larger goals in sight, while also acknowledging that different contexts call for different political responses, the many shades of feminism can merge into one strong, vibrant colour*.
It’s become fashionable, after the meteoric rise of that mediocre book, to refer to 50 shades of everything. When it’s applied to feminism, however, I worry that it underlines our divisions whilst appearing to celebrate our diversity. At the level of discussion, it’s important to tease out our differences; but at the level of action, we’re trying to build bridges and coalitions by keeping the bigger goals in sight.
Shades of opinion are not just about women squabbling among themselves about the best way forward, but about different contexts giving rise to different demands. With that in mind, I want to talk about the brutal gang rape on a bus of a 23 year-old woman who was left for dead in Delhi last December. Different shades of opinion emerged in the solidarity actions that took place in the UK, but they did not prevent a common platform of action.
A call to action
We at Southall Black Sisters decided to take action so that India, with all its aspirations to the status of world power, was shamed into doing something about sexual violence. We planned a demonstration outside the Indian High Commission. By 7 January, the day of the demonstration the story had come to dominate mainstream media coverage. There was widespread anger and a desire to do something from women of all backgrounds, because this rape came to epitomise the struggle against sexual violence everywhere. In our call to action, this is what we said:
Shocking as it is, this is only one of many acts of horrific sexual violence that take place everywhere and every day in India. The world’s largest democracy was named the worst country in the G20 countries for violence against women (after Saudi Arabia) in a recent survey. This is the heart of darkness in ‘India shining’. By drawing worldwide attention to this horror and showing our solidarity for Indian women, we hope to shame the Indian government into acting now to make public spaces safe for women, starting with implementing the laws and bringing the perpetrators to justice. However, we condemn the lynch mob mentality that is calling for capital punishment and castration in India today.
This case has opened up a much needed space to debate all forms of violence against women which we hope will be the first step towards bringing about a radical change in attitudes and culture. We condemn state condoned rapes by the army in places like Kashmir or the adivasi and dalit women raped by the upper castes or the rapes that are common in communal and religious violence. This case must not deflect attention from the sexual assault faced by women not only on the streets but in our homes as well. Violence against women is by no means an exclusively Indian phenomenon but a feature of women’s lives all over the world as we see in our day to day work.
The demo was hugely successful. In the course of three hours, over a thousand people turned up. The anger and disgust was palpable. In the media coverage and the public debates that took place around that time, several questions emerged which need to be considered so that we can maintain the momentum and influence the direction of the struggle.
Patriarchy, global and local
Why did this particular case attract the whole nation’s attention when we know that violence against women in India is endemic? People have said that it was middle class outrage, that an upwardly mobile lower middle-class woman was raped by men from the slums; others have said that rape in cities attracts more attention than the ongoing rape of dalit women in the countryside by landlords. All of this is true, but my view is that the sense of national shock came from the fact that this young woman could not be blamed for this horrific act in any shape or form (although some lone voices did try – like the religious leader who said that you cannot clap with one hand). From a conservative point of view, she behaved in an exemplary fashion. She could not be criticised for being dressed provocatively or for being in a dangerous area late at night; in fact, she was accompanied by a male friend, the ultimate protection that we are all advised to undertake. And yet she was not safe.
I believe that this particular rape represents a kind of vigilante action by young men who want to reclaim public spaces. The end of the siege economy in the early 90s and the rapid and uneven economic transition that has taken place in cities like Delhi has created employment for educated, young women to work in call centres and transnational manufacturing zones. These women are exposed to harassment and violence from men because public spaces have historically been seen as male spaces and men have found it particularly difficult to deal with the fact that an increasing number of women—armed with their own resources—want to share such spaces on equal terms.
Rapid, neo-liberal economic development has realigned the interface between the public and private domains and created starkly different communities with starkly different value systems – the new India shining, technologically advanced, leading the field in the new economies, and the old India driven by superstition, religion and conservatism. Although the two are not mutually exclusive, change has given rise to parallel, niche lives. Women find themselves trapped in an explosive mix of traditional attitudes and new roles when overlapping economic and social systems – a feudal, agrarian economy and neo-liberal capitalism – come crashing into each other. These different Indias, living side by side, are like gated communities: they rarely interact, but when they do, the consequences can be dire.
It is this kind of analysis of the specific conditions in which violence against women thrives that will help us steer clear of the colonialist and racist media coverage which depicts Indian men as a particular breed, ‘Hyena-like’ and ‘murderous’. Such racist media coverage of violence in black communities makes black feminists defensive. They point to the fact that rapes take place in police stations and military bases in Britain too. (True. But the scale is completely different, and in Britain there is some accountability with regard to police violence.) In the media interviews that I did to publicise the demo, I steered a careful path, responding to suggestions that gang-rape might be a particularly nasty Indian phenomenon by pointing out that it takes place all over the world. Patriarchy is global, and sexual violence is one of its tools of control. But we need a more nuanced position.
Taking a position: beyond racism and relativism
It is not racist to acknowledge the scale of violence in India. A girl’s struggle for survival begins in the womb – it is estimated that between 30 to 70million women are missing. If she survives foeticide and infanticide, her life chances are likely to be destroyed by less education, less food, less freedom than her brothers. The honour of her family will rest on her head, religion will defend all this, she will submit to a lifetime of sexual and domestic slavery to a man not of her choosing, her value will be measured in gold and televisions and pots and pans, she may be tortured if she doesn’t bring enough gold with her, and her body will be available 24/7 to be trampled by men both known and unknown.
Many black women will respond to this by saying that we cannot talk about it being better or worse, it is simply different. I don’t agree. We have to acknowledge the difference in scale and degree. If we don’t have standards of better or worse, then what are we campaigning for? How do we measure the changes that we have brought about, say in the last 30 years, in the struggle for women’s rights in the UK? We have new legislation covering violence against women, forced marriage, FGM; we have greater sensitivity and awareness in social services, the health and educational sectors, and a better police response to domestic violence, even if there are serious lapses. These are differences of degree – but each difference in degree saves countless lives.
There are different shades of opinion, different ways of framing debates on violence against women, but the differences did not stop us taking joint action.
Reforming rape law in India and Britain: different contexts, different demands
I want to look at the differences in rape legislation in India and Britain, partly because reform of the law has been a major part of the feminist struggle against sexual violence and also because it highlights the issue of different demands and different solutions being appropriate to different contexts. The laws of each country are very revealing of how patriarchy operates in that particular society.
In India, new categories of rape such as landlord rape, caste rape and custodial rape came into being in the 1980s—a development which explicitly recognised that class oppression and state power, expressed through sexual violence against women, needed to be curbed. Custodial rape deals with men in power, whether in a police station, remand home, hospital or other institution where they may come across vulnerable women and children (though military personnel are immune from criminal action in some states, particularly where rape is used to subjugate militant struggles against the state). Not only is patriarchy differently situated in India, but this state of affairs can also be related to the fact that the anti-rape campaign was heavily influenced by the women’s wings of the established left parties. When the left first took it up, custodial rape was seen as a relatively ‘safe’ issue, as an instrument of class oppression rather than as an act of violence against women. However, progressive Indian feminists campaigned for and welcomed the category of custodial rape, which also included the ‘radical’ proposal that the burden of proof should fall on the accused, a complete reversal of the cherished ideal of civil liberties that underpins British law where you are innocent until proven guilty.
British law does not have a category of custodial rape, in part because rape in custodial settings is not as endemic. British feminists have also resisted the introduction of different categories of rape: the principle that all rape is serious is an important one to hold on to when some kinds of rape, such as ‘date’ rapes, are not seen as real rapes. However, the absence of a category has not prevented the victims of abuse by Jimmy Savile, for example, from suing institutions like Stoke Mandeville hospital or the BBC.
Marital rape is not recognized in Indian law except in cases where the wife is aged under 15. Nor is the rape of prostitutes recognized. This suggests that the notion of consent is weakened by the conservative view that marriage or prostitution is a contractual arrangement for the continuous and non-contestable availability of a woman’s body. In England, marital rape has been recognised since 1991. This suggests a more nuanced approach to the idea of consent, though in practice, the issue remains hugely problematic—muddied by alcohol or drugs or in the process of establishing whether the man had a reasonable belief that consent was given.
What the law on rape in India tells us about patriarchy there is that rape is seen as a ‘societal’ or ‘communal’ horror: what is emphasized is the threat it poses to the honour of the family, the community or the caste rather than the ‘personal’ horror of violation or the breach of women’s human rights. Recognising marital rape would undermine the honour of the family from within, a breach too far perhaps for conservative Indians. The new anti-rape law, passed in March, has confirmed the status quo: marital rape is still exempt despite demands for its recognition from the Indian women’s movement. The death penalty has been introduced in ‘aggravated rape’ cases. The military’s immunity from prosecution has not been revoked. However, there were other more regressive measures in the Bill which were not passed, partly because of successful campaigning by organisations like the All-India Progressive Women’s Association.
Among the demands of the women’s movement which were met are a broader definition of rape; the recognition that acid attacks, forcibly stripping a woman in public or private, stalking and voyeurism are sexual crimes; the punishment of police officers for not registering complaints of rape; the recognition that in rape cases the accused is ‘gender specific’ (because women do not rape men and the sexual abuse of children by women is covered by other legislation); and a redefinition of rape so that a woman who does not physically resist the act of penetration, will no longer, for that reason alone, be regarded as consenting to sexual activity. The two finger medical test to check if the victim is ‘habituated to sex’ (a second rape) has also been banned.
One strong, vibrant colour
As South Asian women based in Britain, we do not know the facts on the ground. Our job was/is to express solidarity with the struggle of Indian women to live free from violence. We also kept up the momentum by bringing the issues home. So we marched through the snow in Southall, fired up by the enthusiasm of the women who use our centre, who put body and soul into organising the march, leading it, devising slogans, singing songs, playing drums, distributing leaflets to the curious bystanders, heckling local councillors who spoke at the rally and brimming over with stories of harassment in buses and trains – on top of the violence they faced in their homes.
We recognise the continuum of violence; the larger the number of women who stand against it, the greater the likelihood of change. In that unity, the 50 billion shades of feminism merge into one strong, vibrant colour.
* This article is an edited version of a talk given at the ‘Writing on the Wall’ festival in Liverpool in May 2013. See also talk given by Liz Kelly at the same event: http://www.troubleandstrife.org/2013/06/creating-the-world-we-want-to-live-in-now/
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It seems that men all over the world are in cahoots about making rape acceptable in our society. By not punishing rapists, okaying arranged marriages, FGM, the police not reporting rapes, rape not being seen as a crime in marriage, etc., I think men would be more than happy to have sexual access to our bodies 24/7. The disturbing fact is that in many countries they already DO. Due to prostitution, that is available in every country, men actually do have access to rape for pay of women. All they need is cold, hard cash. They care not if they know that their “date” is a trafficked woman or girl. They show absolutely zero compassion, just as long as they get their rocks off. Makes me sick. These johns possess no sense of humanity. The worst part is that the “prostitutes” are the ones who are punished if they get arrested, and the scumbag johns get away scot free. Men will keep fighting for rape to be okay, as long as we as women do not stop fighting for rape to be seen as a serious crime.