In ‘Sexcapades and the
law’, Ratna Kapur discusses sexual harassment, and whether the current practice
of compartmentalizing sexual conduct and expression is the way to solve the
problem, as it does not empower women.
She says that the
definition of sexual harassment in law and policy is very problematic as
it reinforces dominant sexual norms, perpetuates
a conservative sexual morality, and denies women a space for sexual expression.
If a woman’s sexual conduct is in line with the norm, only then will the law
benefit her, otherwise her narrative of victimisation can be converted to one
of invitation or provocation.
Kapur goes on to
explain how unlike sexual wrongs, sexual rights have not been read into the law.
There is a perception that sex is a threat to Indian culture and value systems.
The root of this idea originates in the 19th century, when the
British had occupied India. The purity of Indian culture was actually believed
to be something that made it superior to the culture of the Empire. Against the
backdrop of Hindutva politics in India at present, there is a risk of sexual
harassment laws being used for censorship of sexual expression.
She suggests a mix of
legal and non-legal approaches to rectify this issue such as making sure that
policies are not formulated while conforming to dominant norms and that sexual
rights are promoted.
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