Law, emasculation, and sexual violence in India

Pratiksha Baxi ^[1]
1. [1] Jawaharlal Nehru University
  
  Jawaharlal Nehru University
  
  India
Localización: Current anthropology: A world journal of the sciences of man, ISSN 0011-3204, Nº. Extra 23, 2021 (Ejemplar dedicado a: Toward an anthropological understanding of masculinities, maleness, and violence), págs. 145-154
Idioma: inglés
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Resumen
- In this paper, I juxtapose the demand for castration as a law reform measure with the parallel legal discourse on “emasculation” as the crime of grievous hurt. Juxtaposing these discourses on crime and punishment, I point to the curious lack of engagement with castration as a punishment with emasculation as a crime. The story of emasculation is found in the legal history of grievous hurt. I have argued that the legal interpretation of emasculation has different outcomes depending on the gender of the accused. Judges are unable to name male victimhood, while the law is punitive toward women who attack their assailants in self-defense.