Feminism and Its Discontents: Punishing Sexual Violence in India

Abstract

Following the infamous gang rape of a young woman in New Delhi in 2012, India introduced a host of legislative reforms, including harsh punishments for sexual offences. Indian feminist groups, though invested in some of these reforms, have been critical of the carceral approach, but other than denouncing the death penalty, they have largely abstained from conversations around appropriate punishments for sexual crimes. Mapping the responses of feminist groups to the J. S. Verma Committee, this article underscores inconsistencies between the positions on defining sexual offences on the one hand and suggesting appropriate punishments on the other. It argues that the absence of engagement around complex issues of criminal law and sentencing not only left feminists divided on the outcome in Mahmood Farooqui’s case but also revealed unintended consequences of the newly introduced law on rape. The article concludes by questioning the use of criminal law as a site for feminist reform.