Rape: Violation of the Chastity or Dignity of Woman? A Feminist Critique of Indian Law

Abstract

When sexual violence against a woman is inflicted, how should the law conceptualise and formulate that offence? Should such an offence require proof of the violation of the chastity or the dignity of the woman?1 If it is based on chastity and virginity, the offence is perceived as being against the honour of family, especially the father or the husband, reducing the woman to mere property. If it is based on dignity, it is perceived as being against the person of the woman and is built upon a woman’s understanding of abuse and violation of her bodily integrity. Should the offence of rape be based on a gender-neutral, gender-protective or a gender- corrective model of equality?

Keywords: Rape, Women, Dignity, Law, India

JEL Classification: K10, K14