Sexcapades
and the Law
Author Ratna Kapur, in her piece
“Sexcapades and the Law” talks about issues surrounding sexual harassment. She
argues that in today’s time, women sexual expression is curtailed and is a
serious concern for the society as a whole.
One of her central arguments is that
the way sexual harassment is defined in terms of law and policy has to
questioned and needs reform. Her reasoning behind this is that the current
definition bolsters existing patriarchal sexual norms, preserving an orthodox
sexual morality, thus taking away from women any room for sexual
expressions. Under the prevalent system,
the legal system is sympathetic towards a woman only if her behaviour is
consistent with the prevailing conservative norms.
Further, the author tells her readers
that although we have in our legal books, the mention of sexual wrongs/crimes,
we don’t have the concept of sexual rights which is essential for a just
society. Some believe that the idea of discussing sex openly is contradictory
to the culture and heritage of India. However, such views are ahistorical as a
sound reading of ancient history would reveal that it is actually the opposite.
In ancient India, rather than considering it as a taboo, sex was celebrated in
various ways.
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