Jump to ContentJump to Main Navigation
Public Secrets of LawRape Trials in India$
Users without a subscription are not able to see the full content.

Pratiksha Baxi

Print publication date: 2013

Print ISBN-13: 9780198089568

Published to Oxford Scholarship Online: April 2014

DOI: 10.1093/acprof:oso/9780198089568.001.0001

Show Summary Details
Page of

PRINTED FROM OXFORD SCHOLARSHIP ONLINE (www.oxfordscholarship.com). (c) Copyright Oxford University Press, 2020. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in OSO for personal use. date: 04 April 2020

On Interpreting Rape as/and Atrocity

On Interpreting Rape as/and Atrocity

(p.283) Chapter Six On Interpreting Rape as/and Atrocity
Public Secrets of Law

Pratiksha Baxi

Oxford University Press

I begin with an analysis of appellate judgments to map the juridical discourse on rape as atrocity, as a widespread toleration of intolerable harm. I argue that in making a classification between lust and atrocity, judicial interpretation does not think of rape as atrocity since such forms of sexual violence are seen as isolated crimes against individual women, irrespective of their caste or class. I contend that the judicial understanding of rape as atrocity is thin, and convictions of rape as atrocity are rare. However, we find some convictions in those cases of rape, which accompany other forms of atrocities. These sexual atrocities do not always communicate the gravitas of the experience of rape as a form of tolerated ‘intolerable harm’ (Card 2004). This is an additive approach—it adds specific forms of atrocity to the crime of rape. In doing so, it does not alter necessarily the meaning of rape. For women, the hollowing out of the Prevention of Atrocities Act (PoA Act) happens both at the level of naming and the doing of the law.

Keywords:   atrocity, caste, tribe, stripping and parading, divine displeasure, weak evidence, children, big men, compromise, mere lust, on the grounds of, caste certificate, Khairlanji, acquittal, suicide

Oxford Scholarship Online requires a subscription or purchase to access the full text of books within the service. Public users can however freely search the site and view the abstracts and keywords for each book and chapter.

Please, subscribe or login to access full text content.

If you think you should have access to this title, please contact your librarian.

To troubleshoot, please check our FAQs , and if you can't find the answer there, please contact us .