As Women Suffer, the State's Discounting of Rape is Kaafi Real

As gross injustice is meted out to women in cases of sexual violence, male perpetrators shelter in their privilege.

In a regime where the patriarchal State remains the arbiter over their bodies, women come only second to men who are 'future assets,' politicians, or even simply husbands.

(Image: The Quint/Aroop Mishra)

In this week's news: The Gauhati High Court granted bail to an IIT student accused of rape. A 24-year-old woman, who had suffered sexual assault at the hands of a BSP MP, set herself on fire in front of the Supreme Court to the protest injustice. The Chhattisgarh High Court pronounced that any sexual act by husband with his own wife, even if by force, is not rape.

In a regime where the patriarchal State remains the arbiter over their bodies, women come only second to men who are 'future assets', politicians, or husbands.

In a regime where the patriarchal State remains the arbiter over their bodies, women come only second to men who are 'future assets,' politicians, or even simply husbands.

(Image: The Quint/Aroop Mishra)

On 16 August, a woman who had accused the now-incarcerated BSP MP Atul Rai of rape, set herself ablaze in front of the Supreme Court, live-streaming the act. The woman, who passed away on 24 August, had alleged that the Varanasi Police, colluding with the convicted MP's kin, had been harassing her, The Indian Express reported.

On 23 August, the Gauhati High Court on Monday granted bail to a 21-year-old man, who had accused of rape by a peer from the Indian Institute of Technology (IIT). The court observed that while there was a clear prima facie case against the accused, he was the 'state's future asset' and a 'talented student'.

On 26 August, the Chhattisgarh High Court granted bail to a man who was accused of marital rape by stating that "sexual intercourse or any sexual act between a husband and his legally married wife, even if it was by force or against their will, did not constitute as rape", LiveLaw reported.

The court's judgment relies on the provisions of the IPC Section 375, which precludes marital rape against women above 18 years from being classified as crime. The court instead framed charges against the accused under the provisions of IPC Section 377, which criminalises the derivation of 'unnatural sexual satisfaction' from a victim.

The three incidents, among many such others, have received widespread condemnation for the "gross injustice" meted out to the women.

(Kaafi Real is a series of cartoons on The Quint. You can check out all our other Kaafi Real cartoons here.)