Society
Sex, lies and the dirty picture
With corrosion of the ethical framework, there was a crumbling
of the mould of victimhood
Aruti Nayar

Tarun Tejpal, former editor of Tehelka magazine, is at the centre of a sexual assault scandal
Under fire: Tarun Tejpal, former editor of Tehelka magazine, is at the centre of a sexual assault scandal

IT was a year when the moral edifice that held time-tested values aloft — be it in institutionalised religion, media or the judiciary —- crumbled. Sexual harassment at the workplace and the new rape law were bang in the centre of the national discourse and dominated both the collective conscience and consciousness. A carryover of the tipping point last December post-Nirbhaya rape case.

In an ironical twist of life imitating art, a young journalist accused journalist-activist Tarun Tejpal, Editor of leading investigative magazine Tehelka, of sexually assaulting her. Like the many sting operations spearheaded by him, this, too, created a scandal that transfixed the country and hogged media space. Be it "drunken banter" or "a bad lapse of judgment," Tejpal's flip-flop showed how out of sync both his syntax and sensibility were. He claimed to be the victim of a political conspiracy and his attorney dubbed the new rape law "draconian." Ironically, Tehelka did not have a sexual harassment committee or a grievance redressal system within the organisation. The dubious stand of Tehelka Managing Editor Shoma Chaudhry, an avowed feminist, drew flak because of her failure to protect the victim.

Organised religion, too, courted controversy. Not the rantings of all his supporters could prevent 'Godman'(rather fraudman), Bapu Asaram and his son Narayan Sai from being packed off to prison, after they were accused of rape by a young devotee.

Stringent recommendations by the Justice Verma Committee ensured that laws were in sync with the mood of the nation to ensure that perpetrators of crimes against women were not to let off the hook easily. The Criminal Law (Amendment) Bill, 2013 was passed in March, providing for a tougher law to tackle rapes, also including crimes such as acid attack, stalking and voyeurism. The definition of rape was expanded and punishment enhanced to death. The result of an extraordinary civil society struggle, where the youth, men and women came out in huge numbers to show zero tolerance for sex crimes.

Thanks to a PIL filed in 2006 by Laxmi, an acid attack victim from Delhi, the Supreme Court in July 2013, passed the order to regulate the sale of acids across the country. The government was directed to enact a law to regulate the sale of acids and a policy for treatment, compensation and care and rehabilitation of victims.

In a blog post that stirred the hornet's nest, a young law intern accused AK Ganguly, former Judge of the Supreme Court and head of the West Bengal Human Rights Commission, of sexual misconduct. Despite his indictment by a three-Judge panel set up by the Apex Court, Ganguly obdurately refused to step down.

The long-awaited judgment in the sensational 2008 Aarushi murder case symbolised the loss of innocence. The Talwars, parents of the 14-year-old girl, were convicted for murdering their only child and their domestic help, Hemraj.

Be it relationships, institutions that inspired faith and or even cities that had the safety tag, everything seemed to crumble. Commonly held notions were knocked down. Be it how Mumbai, the until-now-safe-for-women city, was a dream for working girls, unlike the predatory Delhi. The Mumbai gang-rape case of a 22-year-old photojournalist who was interning with a lifestyle magazine, reactivated the Nirbhaya trauma. Remarkably, there was breaking of gender barriers as numerous young men, too, came out to protest or stood by complainants and helped nab the culprit. A reason to cheer despite the rising crime graph.

Breaking free

The manner in which the young journalist and the law intern ripped apart the mantle of victimhood and shattered the mould was admirable. Finally, the culture and conspiracy of silence that muzzle and marginalise the victim was shattered. Sassy girls knocked down the conventional mould of a 'victim, took on offenders, undaunted by rank or status. Suzette Jordan, refused to be merely 'the Park Street rape victim, saying "Why should I hide my identity when it was not even my fault? The ripping apart of the shame-honour framework was the biggest redeeming feature of this turbulent year.

One step forward, two steps back

  • In a major blow to gay rights in the world’s largest democracy, the Supreme Court threw out a 2009 ruling by the Delhi High Court. In response to a petition filed by Naaz foundation the HC had decriminalised gay sex. The SC decision evoked widespread criticism.

  • The Apex Court stated that only India’s government could change the law, deeming the Delhi High Court had overstepped its powers with the decision four years ago. Section 377 of Indian Penal Code bans “sex against the order of nature”, which is widely interpreted to mean homosexual sex. The colonial-era rule dates back to the nineteenth century. There were protests and a call for review of this retrogressive decision that polarised political parties too.





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