دانلود رایگان مقاله انگلیسی تجاوز، بازداشت و توانبخشی: بازنگری گفتمان سیاسی - اشپرینگر 2017

Abstract

Two judges of the Supreme Court, Justice Lodha and Justice Lokur, in August 2013, instructed all the states of India to frame a relief and rehabilitation scheme for rape victims. Undoubtedly, this was a vital step to ensure women’s well-being as a woman rape victim often faces several violations of rights. The rape of a woman within marriage and outside marriage destroys her dignity and reproductive rights, and makes her susceptible to sexually transmitted diseases. This study was undertaken in two states of India to understand the link between marital rape, rape and HIV. It found that women who contracted HIV infection due to rape faced several social, economic and health problems, and yet received no rehabilitation support from the state. In this context, the instruction of the Supreme Court demanding the provision of compensation and rehabilitation to all rape victims needs to be followed by the reconsideration of the already existing discourse on law against rape, and the sensitive handling of rape victims who may also be HIV positive. There is an immediate need of provisioning sexual and reproductive health care services for rape survivors, and to ensure that rehabilitation schemes are accessible to every female victim in the society.

Conclusion: rape, deterrence and rehabilitation

In India, there has been high incidence of rape and violence against women which is evident from the NCRB report. Rape, both within the legitimate sphere of married relationships, or outside the marital relationships and especially within illegitimate relationships, acts as a means through which male power is exercised directly over the female body and against her choice. As found from the empirical study, the rape victims face stigma and discrimination, and develop persistent vulnerability to health risks such as physical wounds, gynaecological trauma or wounds, unwanted pregnancy, abortion, STD/STI, HIV/ AIDS. The associated trauma at times leads to coma, and in worst cases, death.

As far as the law and policy discourses related to rape are concerned, the Criminal Law (Amendment) Act, 2013 does not consider marital sexual acts as rape if the wife is 15 years and above. The very act of rape victimises a woman to a great extent, and often makes women contract HIV/AIDS. In this backdrop, the national AIDS policy, and the national AIDS control programmes including the most recent NACP-IV, have not included rape under any of its programme components. In addition, the national rehabilitation scheme for rape by default excludes marital rape victims.