Rape in all its horrendous forms is a marred and an abhorrent trace of patriarchy and misogyny. The direct victims are majorly women, but the fact that men can be –and often are– victims cannot be discounted. Devising its roots in power-play and control, today it carries a heavier weight as a statutory offence with set penalties. Despite these penalties and a massive international attention taking forms of media outrage, studies, monetary and legal aid, awareness programs, and safe shelters, rapes of women – young and old are alarmingly high in South Asia by offenders of varying age groups.
In Nepal, as reported by a national daily, 78 rape cases have on average been reported every month over a course of five years, many of the offenders being septuagenarians and octogenarians. The Indian National Crime Bureau Report (NCBR, 2016) claimed 338,954 reports were made between 2015 and 2016 as crimes against women out of which 38,947 were rapes. It also reported an increase of 82% in the incidents of rape of children. Likewise, in Pakistan, Human Rights Watch asserts of at least one rape every two hours and one gang-rape every eight. In Bangladesh, 13,003 rape cases were reported between 2001-2017 out of which 85 were rapes by law enforcement agents such as police, jail agents, and the army. These data are only the tip of the iceberg as many cases are unreported by the victim, withdrawn upon coercion, or refused to be registered as a legit case by the authority
The causes of rape are far too many, and differs from case to case. The reasons that surface commonly are sexual frustration in men, poverty, mind-sets and attitudes that reflect machismo, a sense of entitlement, unawareness, and acceptance. In 2012, a report by UNICEF published that 57% men and 53% women in India thought marital rape as not rape, and a sizeable number believed that beating of wives by their husbands was not violence. In India and Bangladesh, the legislations on what constitutes a crime declares it as not rape if the person is married to the victim and if she is over 15 years of age, excepting judicial separation.
We need to remind ourselves that in the South Asian countries, men often grow up being told and shown that they are superior to women who then grow old with a sense of entitlement as they deem it fit for a woman to be available on their demand. When these men are unable to earn for the family due to unemployment or otherwise, their frustration takes the form of rape to demonstrate their ‘masculinity’ and maintain superiority over the women.
Now, this mentality also works in reverse, where a woman is told be to weaker than men and should protect herself from them if she does not wish to get raped. In most South Asian families, females have lesser liberty of movement and choices as compared to their male counterparts. This obviously arises from expected gender behavior that good women should be meek, submissive, and obedient but is also centered around the fact that the families do not want their females to be raped.
This objective of giving women the security inside the family homes is flawed for two reasons. Firstly, rapes and molestation within the family very often exist. In January 2018, a baby girl of eight months was raped in Delhi, India by a relative in her house. Little girls of varying ages have been raped right next to a family member by another family member or neighbors in several instances in Nepal and they could do nothing, not even file a complaint because this façade of a domestic protection does not concern a female’s bodily security but societal reputation.
Once a person is subjected to rape, the victim becomes unchaste and impure and is thought to bring dishonour to the family. The terminology in Pakistan is kari, referring to someone who has lost virginity outside marriage and an honour killing, karokari, is subjected by the village council. The victims often commit suicide or are killed by their own families for tainting the honour. In 2002, Mukhtaran Bibi challenged this status quo by not committing suicide after a gang rape that was ordered on her by a village council but filed a case against all her rapists. Initially, they were sentenced to death but in 2005, five of them were acquitted due to lack of evidence. In 2011, the sixth offender got acquitted too. In 2017 in Multan, Pakistan, a jirgah (village council) ordered revenge rape on the sister of an offender. In all these years, nothing has changed and even today revenge rape is still being ordered on innocent girls for no fault of their own as punishment.
The victims in other countries face social stigma and have to live in fear because once someone falls victim to rape, they are prone to more rapes because the value of a person is reduced from that of a human to a commodity that is free for public use. In Haryana, India, a girl was gang-raped twice by the same set of men who were out on bail after raping her the first time six years ago. A take-home message is that the onus lies on a woman to protect herself from men who are always lurking in hunt of a prey to rape, yet again asserting that the victim befalls such fate on themselves due to their actions, or in Pakistan actions of their family members.
Rapes are justified for godforsaken reasons and victims told they were ‘asking for it’ by travelling alone at ungodly hours, dressing provocatively, being friends with men, or indulging in so called notorious activities like smoking, drinking, and partying. The way these protectionist measures are advised always revolves around victim but never around the offenders, due to the notion that men have an insatiable sexual appetite and if women portray themselves to be ‘easy’, they are raped. Ranjit Sinha, head of Indian Central Bureau of Investigation once commented that if women couldn’t prevent rapes, they should enjoy it.
In India, Pakistan, and Bangladesh, victims of rape are subjected to a two-finger test to determine their sexual activeness. This procedure exists despite so many pleas from within these countries and outside to get rid of it on the bases that it is flawed on so many levels as it renders women who chose to be sexually active out of consent as lecherous and dirty who have already been touched by a man. This violation of a victim’s body is backed by the government in the form of a random stranger determining of their worth. This is of course scientifically inaccurate, and extremely irrelevant in case of rape.
Equally exasperating is the fact that women should remain pious and dedicated to only choosing to be sexually active with their legally married husbands but when their husbands rape them, it is not recognised by the legislation. O. P. Chautala, an ex minister in India, once stated that girls should be married as they turn 16 so that sexual needs of women are met and they will not go elsewhere and rapes will reduce. However, even statutory age of marriage is above 16 in India, and marriage is not a way to end rape. Rather, such a statement renders women as cattle whose ownership belongs to the husband.
These instances prove time and again that the role of a woman is always reduced to pleasing her husband in bed without considerations. In fact, marriage is a holy sacrament that can undo rape – perhaps why victims are married off to their rapists in South Asia who then continue to rape them for the rest of their lives.
Most importantly, the police and other protectors of law find ways to make money out of instances of rape. Like, in January 2018 in Kathmandu, Nepal, a woman of 22 years withdrew her report of rape after few days and it was later revealed that the police were involved facilitating monetary settlements between the accused and the complainant with a personal gain. In Bharatpur, Nepal in February 2018, police coerced a woman to withdraw her rape complaint. So many more cases have surfaced in the southern plains of Nepal where the police have been involved as middlemen.
Hindrance to Justice
The reasons behind rape are men-centric but they have been ingrained in the societies as acceptable by both men and women. Reporting of rape has been increasing in India, Nepal, Bangladesh, and Pakistan but the cases are not dealt with caution. The victims face injustice and have to go through denigrating treatment by the police and health officers, questioning their character and morality.
The portrayal of a victim in the media is a stereotypical one, a non-provocative, harmless, and morally upright person with no past sexual history. Any victim deviating from this stereotype probably brought it on themselves. Further, the media has been reporting on sensitive issues like rape without sensitivity like revealing the victim’s name which is illegal or slut-shaming the victims.
Lastly, even death penalties are not enough to deter people from committing rapes. In Pakistan and India, rape can be punished with death but the crime is still on the rise. After the 2012 Nirbhaya case in Delhi, India, a strong plea was made to change the judicial system and a fast-track hearing was introduced for rape because national outrage by the citizens was not deemed enough to bring a change. In Nepal, the fast-track court is in practice too, but the problem arises in procuring evidence which is substantial in these cases.