The punishing state | The Indian Express

The punishing state | The Indian Express

Written by Neetika Vishwanath |Updated: July 15, 2019 3:03:54 am

The writer works at National Law University, Delhi.

The punishing state

It is necessary to critique its tendency to over and under-punish sexual violence.

The judge said the prosecution proved beyond a reasonable doubt that Yadav and Karnawat hatched a conspiracy to procure minor girls for prostitution and earned money from the business. (Representative Image)

The Bombay High Court in the Shakti Mills case upheld the constitutionality of Section 376E of the IPC that provides for life imprisonment till the end of natural life or death sentence for the repeat offence of rape. A legacy of the criminal amendments after the 2012 Delhi gang rape, the provision brings into focus once again the complex and uncertain relationship between punishment and sexual violence. This remains an under-explored area for feminist legal thought in India, which is simultaneously sceptical of increased state power and also has a deep interest in fixing criminal responsibility for sexual violence.