Alert Sign Dear reader, online ads enable us to deliver the journalism you value. Please support us by taking a moment to turn off Adblock on

Alert Sign Dear reader, please upgrade to the latest version of IE to have a better reading experience


Nothing consensual about rape

Published Oct 15, 2012 08:01am


Your Name:

Recipient Email:

-Photo by Eefa Khalid/

I live a short distance from khap land.

Khaps, a bit like jirgas, are tightly policed associations of sub-castes with strong headmen who often act beyond the pale of law.

I live in Gurgaon, the glitzy modern Indian city that has dusty villages and malls within it, shining buildings but very little piped water, BMWs and cows, a modern metro but no roads below. In short, it has every single contradiction that you can think up.

Gurgaon, touted as India’s Millennium City, is in the state of Haryana that borders Delhi. Haryana itself is home to Maruti-Suzuki, arguably one of India’s best known brands, and to a myriad number of other industries.

A short distance from the glitzy high-rise buildings of CyberCity, where a mind boggling number of MNCs operate, is the real Haryana.

It’s a state where the rule of law jostles with the law made by the khaps.

After a particularly shocking spate of rapes in recent days, one would have expected the State (where is it?), political parties and the rest of society to crack down hard on the culprits and, simultaneously, help create an environment where there is zero tolerance for such acts.

Instead, we witnessed the bizarre spectacle of a Congress party spokesman in Haryana saying that most of the rapes were actually consensual sex.

“Ninety per cent of rape cases are (a case of) consensual sex between the girl and boy ... The girl gets into an affair with a boy and she goes with him without knowing that he is of criminal mindset," Congress party leader Dharambir Goyat was quoted as telling reporters.

“It’s not the state government which is responsible for rapes. In fact in most of the cases it is consensual sex,” Goyat added.

A spokesman for Haryana’s Sarva Khap Jat Panchayat Sube Singh had come out with the suggestion that the marriage age for girls should be reduced in order to reduce the number of rapes in the state. Though, the group did not come to any conclusion on the issue at a meeting on October 13, the suggestion is very much in the public domain. This was backed by former Haryana chief minister Om Prakash Chautala.

So, what’s happening?

There’s a clear sense of denial here about the rape incidents. Blaming the victims comes easily to those who don’t want to recognise the problem for what it is.

In other parts of India, we’ve had ministers blaming girls for dressing provocatively and in Haryana a ruling Congress leader actually believes that rape might be a consensual act.

The khaps aren’t just debating a proposal to reduce the marriageable age for girls (currently 18); they also want to regulate the personal lives of young people.

There have been a number of cases in which these khaps have sanctioned the killing of a runaway couple for an inter-caste or an intra-caste marriage.

Non-government organisation Shakti Vahini pointed out in a study, “The public rhetoric and the diktats issued by them (khaps) have certainly led to ... polarisation in the community. These groups, though not directly involved in the crime have provided the catalytic support needed for the growth of violent behaviour.”

As islands of modernity grow in Haryana, the khaps seem both unwilling and unable to contend with the issues of personal choice – in marriage, relationships and dress.

Conservative in the extreme, the control of women seems central to the thought processes of such entrenched groups in society.

In a September interview to the New York Times, the Chief Minister of Haryana Bhupinder Singh Huda wondered why he was being targeted on the issue of honour killings.

“That happens in Canada also. Why my state only, it’s a mindset. As far as honor killing, I don’t know why you call it honour killing. What you call honour killing is done by either a girl’s parents or a boy’s parents; the society has nothing to do with it. Nobody likes it. But such cases are not on the increase, I can say that. It is condemnable,” he said in the interview.

Politicians, including state functionaries, don’t want to tinker with the fabric of conservative societies. Often, they are imbued with the same outlook and are loath to take a stance that is out of sync with what tradition has sanctioned.

It’s time to change the politicians if mindsets have to change.

There’s nothing consensual about rape.


Amit Baruah is an independent, Delhi-based journalist. He is the author of Dateline Islamabad and reported for The Hindu newspaper from Pakistan.



The views expressed by this blogger and in the following reader comments do not necessarily reflect the views and policies of the Dawn Media Group.


Your Name:

Recipient Email:

Author Image

Amit Baruah is an independent, Delhi-based journalist. He is the author of Dateline Islamabad and reported for The Hindu newspaper from Pakistan. He tweets @abaruah64.

The views expressed by this writer and commenters below do not necessarily reflect the views and policies of the Dawn Media Group.

Comments (10) Closed

Zafar Iqbal Oct 16, 2012 07:16am
"some ministers are blaming girls for dressing provocatively " this statement can be justified so girls should be careful and wear burqua to avoid heinous act like kidnapping and rape.
Sandip Oct 15, 2012 12:30pm
Why dont we sue those politicians for such irresposible statement? Remeber an US politician made similar statement and he was thrown out of presindential election race and his political carrrier is over. Something similar should happen to this guys.
sam Oct 15, 2012 10:41am
good one....
Amit Oct 15, 2012 06:26pm
In india every 10 mins 1 girl is rapped and only 1 will be reported
Sue Sturgess Oct 15, 2012 06:32pm
If we are going to sue politicians for politically irresponsible comments, the courts would be constantly engaged in such matters as almost all statements by politicians of all persuasions are irresponsible. The US politician was dumped by political process... NOT a law suit!
reality not selected truth Oct 15, 2012 05:47pm
I think even if it is true the number of women going and putting a case falsely must be minimal. The whole idea it totally absurd. It doesnt seem likely that girls who are illeterate or with little education in small cities would take such drastic steps of going to courts. When that is said i was wondering why such news never make international headlines when it happens in india.
Prashant Oct 15, 2012 12:56pm
It is wrong to portray all rape cases as consensual - but in an increasingly number of cases - it is a case of willing partners but when the boy goes back on the promise of marrying the girl - she files a rape case against him. This is typical of a society torn between modernity and social Indian values. The modernists would be aghast at the idea of not allowing boys and girls to mingle or go out before marriage but have no answer what a girl should do when the boy renegades on his promise or ditches her.
farkhunda Oct 15, 2012 11:25am
i am agreed with the writer thought that age of marrige should be reduce.
Sue Sturgess Oct 15, 2012 06:24pm
the age of marriage for both genders, must be the age of adulthood, the age when they can vote, be independent of their parents etc
Guest Oct 15, 2012 08:20pm
I would suggest increasing the age of marriage to 21. The girls would be more mature physically and emotionally and better able to stand up for themselves. It would also give them the opportunity to complete their studies to a higher level. Best of all it is likely to reduce the number of children they give birth to. As for rape it is the state's responsibility to provide improved security.