Construction of Gender, Social Injury, and Penalty in Rape Cases

• In Event: Gender and Crime: Examining International Contexts

Abstract

‘Social injury’ through rape is a dominant theme that emerges in the study of rape judgments of the Supreme Court of India. The Court frequently refers to ‘destruction of social equilibrium’ and ‘collective conscience’. This paper examines the construction of gender, social injury, and penalty in rape cases and looks for signs of a shift in the construction of rape victimology following the December 2012 movement against rape in India. The paper also traces the patriarchal undertones of the ‘social injury’ construction of rape victimology.

Author

• Suvarna Cherukuri, Siena College