Does the death penalty afford meaningful redress in rape cases?

Tackling rape requires change, not retribution. Why the death penalty doesn't help rape victims.

Hundreds of women, young and old, continue to protest across India in silent marches, demanding justice for the 23-year-old who lost her life after being brutally assaulted and gang-raped in Delhi. Her brother has publicly called for the execution of those responsible, declaring “We want all the accused hanged, and we will fight for that, till the end.” Since the attack, hundreds of new articles have been written, both to heighten awareness about the pervasiveness of rape in India and to encourage legal reform to increase the number of prosecutions and convictions: many including government officials and victims are calling for the death penalty or chemical castration as punishment for sexual assault.

The collective outcry that this horrific case has provoked parallels that roused by a similar case in Pakistan: on 22 June 2002, Mukhtar Mai was gang-raped in her remote village by four men from a rival tribe. The involvement of the international media and human rights groups expedited the usually slow process of prosecution by encouraging the case to be tried through Pakistan’s anti-terrorism court: by 1 September, six men had been convicted and sentenced to death. In March 2005, before the sentence could be carried out, the Lahore High Court overturned the convictions of five of the men, and commuted the sixth’s sentence to life imprisonment, citing insufficient evidence and faulty investigation. In 2011, the Supreme Court (Special Shariat Branch) acquitted four of the men, also citing lack of evidence, despite the fact that many villagers had witnessed the assault.

Mukhtar has campaigned tirelessly for her rapists’ arrest. She continues to express anger towards her attackers and a desire for vengeance: “I could hire men to kill my attackers. How does one survive dishonour? How does one overcome despair? With anger, at first, with an instinct for revenge that resists the tempting solution of death, an instinct that allows one to recover, go forward, act.” Yet neither the death penalty nor chemical castration offers an answer to the problem of violence against women and girls. Indeed, in India these forms of retribution might well encourage perpetrators to silence victims and witnesses through murder or intimidation, worsening the situation for victims.

The nature of the penalties for rape and other forms of violence against women is not the core issue. The focus of debate should be on the fact that prosecution, let alone conviction, is rare and so penalties of any sort are rarely enforced. Many Indian women feel they have little or no recourse against violence and rape as legal action is not pursued in most cases. Indeed, marital rape still cannot be prosecuted as a stand-alone law in India, showing that the sanctity of marriage is still prioritised over preventing violence against women. Thus, at the root of India’s inability to deal with violence against women is the fact that patriarchal values that subordinate women to men are endemic in every aspect of society.

The problem is compounded in rural areas; for instance, upper caste men regularly use the gang rape of Dalit women for political purposes, often with impunity. In the rare cases when perpetrators are convicted in India, victims must still face the enormous challenges of surviving in a patriarchal society where they are considered to have been dishonoured by the crimes committed against them. This dishonour has major implications for marriage and even casual contact with other members of Indian society. For this reason, most victims remain silent about sexual violence.

Feminist groups in India argue that about 96 per cent of female victims are sexually assaulted by people known to them. Seeking legal redress under these circumstances often means being shunned not only by one’s family but also the wider community. Moreover, when assailants are in a position of power, as in Mukhtar’s case, influence is often exerted to prevent the registration, let alone investigation, of complaints.

India is at a crucial point in developing effective responses to violence against women. Feminists have made numerous submissions to the Justice Verma Committee about the urgent need for change. The committee has urged the public in general and particularly eminent jurists, legal professionals, NGOs, women’s groups and civil society to share “their views, knowledge and experience suggesting possible amendments in the criminal and other relevant laws to provide for quicker investigation, prosecution and trial, as also enhanced punishment for criminals accused of committing sexual assault of an extreme nature against women.” Awareness-raising is a start, but it is not enough. If change is to be meaningful – for victims and for wider society – it must address both the spectrum of violence against women and girls and the need for coordinated educational and legal reforms backed by coherent policy.

There is cause for hope. Recently, Indian rapper Honey Singh’s misogynistic lyrics glorifying rape were challenged through public protests. However, as Mukhtar’s case shows, without strong international pressure and public outcry, justice often has little chance to prevail in patriarchal societies where violence against women and girls is common: when the pressure ceases, the situation reverts to the status quo. The solution is to ensure that both domestic and international pressure to address violence against women and girls is on-going. Only wide-ranging, meaningful change – in Pakistan, India, and beyond – will ensure that redress is available to all victims. However, to be truly effective redress must ensure that it is perpetrators, and not victims, who are shamed and punished by society.

We must look beyond the natural human desire for retributive justice if we are to seek comprehensive solutions that provide a true and lasting legacy of change, development and, ultimately, the eradication of gender-based violence.

Dr Aisha K Gill is a Reader in Criminology at University of Roehampton

Mukhtar Mai and her son in 2011. She has campaigned tirelessly for her rapists’ arrest. Photograph: Getty Images

Dr Aisha K Gill is a Reader in Criminology at University of Roehampton.

Photo: Getty
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In the chaos of the Middle East, the world must stand behind the Kurds

The Kurdish people have shown themselves to be a small beacon of light in a sea of darkness.

It is one year since the lifting of the Siege of Kobanî. Many of us can recall harrowing images of the black flags of Isis flying threateningly from the surrounding hills, of car bombs being driven into the city’s defences, and of heroic citizens defending their houses and families from the despotic invaders intent on killing them. The Siege of Kobanî was the Stalingrad of the Syrian civil war – a true turning point in the battle against Isis.

Since then, we have seen a significant escalation in the involvement of the international community in Syria and Iraq. But to what end? Syria remains divided between various competing forces; Iraq is a half-governed country with declining influence over its populace. Foreign governments play power games across international boundaries which have long-since ceased to be relevant, least of all to those wishing to establish an Islamist caliphate.

Beheadings, suicide bombings, barrel bombs, religious extremism, violent intolerance, mass movements of people – these are just a few terms most associated with the Middle East today. To say the region is complex is an understatement bordering on ignorance.

In a recent PBS documentary, Inside Assad’s Syria, a television crew was sent to Damascus to cover its sectarian, religious and ideological divides. It showed us two halves to the city: one which lives in liberty and security; and another which resides in barrel-bombed apartment blocks and streets overrun with groups opposed to Bashar al-Assad.

In the southwest of Syria, pro-democratic force control pockets of land and fight Assad’s forces. In the northwest, Hezbollah works with Assad’s army to fight Islamist groups. Further north are areas ruled by groups with affiliations to Al Qaeda, such as the powerful al-Nusra Front. In the east, highways and cities have fallen to the apocalyptic regime of Isis, which stretches far across the old border into Iraq. What future does the Middle East have with such contrasting ideological and religious divides? It is near-impossible to offer a positive view for the future.

Resolving these issues will only be achieved in the long term and through a combination of local agreements (and perhaps the portioning of areas) of international oversight. In the short term, what can we do as citizens of a country with vested interests but limited power?

One of the problems of Western coverage and commentary is that we rarely view the Middle East in any way except through the prism of war. Debate is focused narrowly on the issues of intervention, extremism and migration. People are commonly talked about in derogatory terms with most mistakenly referred to as migrants, when many are fleeing from death and destruction.

These are people who, like us, desire to live in peace and security. They want to raise families and contribute to their communities. Although there are theological differences between Shias, Sunnis, Kurds, Christians, Jews and various minorities, for centuries these groups have lived alongside each other with general tolerance and respect. Churches have existed in the same cities as mosques. Yet the internecine conflicts have ruined the multiculturalism balances in Syria and Iraq. Communities have been divided against each other, sometimes on pain of death. The region is overrun with regressive forces.

Here in the UK, our view of foreign policy is shaped by the forming of alliances with progressive forces – that is those countries, governments and parties committed to values similar to our own. With the conflicts in Syria and Iraq as they are, dominated by regressive forces, our foreign policy is in disrepute. Who should we support in Syria? How can we continue to support Iraq’s army if it is being led on the ground by Iranian generals?

There is one force within the region that is progressive. They share our commitment to democracy, the rule of law and liberty. They have cohesive, well-led armed forces which not only protect their peoples, but also others in fear of persecution. Their women fight alongside their men, often in leadership positions. They have been the bulwark against Isis advances in both Iraq and Syria. They liberated Kobanî from oppression in tandem with US forces.

The Kurdish fighters of the People’s Protection Units (YPG) in Syria and the Peshmerga in Iraq have proved their strength and longevity in the face of enormous challenges. Lacking the weaponry appropriated by Isis, they have fought bravely and slowly liberated areas from tyranny. In doing so, they have treated non-Kurdish citizens well and protected them as they would wish to be protected by others. They have put their lives on the line for the common good, such as the taking of towns and cities outside of Kurdish areas. In doing so, they have refrained from declaring an expansion of Kurdish territory, instead stating that such lands will be handed over to local progressive groups when it is ready to do so.

Perversely, Western governments depend on Peshmerga and YPG forces to fight without adequately arming them. In Turkey, the same Kurdish citizens who would fight for the YPG against Isis are prosecuted and sometimes killed during clashes for protesting in favour of devolution. Turkey’s Kurdish populations in towns like Sur, Cizre, Nusaybin and many others are living under curfew. Yet we do nothing to raise this an issue.

Yet is it the Kurdish people that will be the first army to defeat the ideology of Isis. And because of this they are the biggest target. Their men and women are free. They live in lands governed by democracy, social justice and equality. They hold values in direct opposition to Isis but living in cities just miles apart. The Kurds are the only progressive force in the region which shares our values, has a commitment to democracy and has armies strong enough to protect its peoples.

If we believe in supporting those who share our values, we must show them our solidarity. Our support must go to Kurds as a whole not just those who fight for our interests, because the challenges Kurds face go beyond the borders set by the UK and France in 1920. These borders have been disregarded not only by Isis and al-Qaeda but also by Turkey, Iran, Saudi Arabia and Qatar, which have each ignored international boundaries in pursuit of their interests.

It is fair to say that this simple notion of solidarity leads us to certain complications. Kurdistan is an ancient region divided up by imperial powers between Turkey, Syria, Iraq and Iran. How do we support the Kurds without alienating our allies in Ankara and Baghdad?

During the 1991 Gulf War, the US, UK and France established a no-fly zone over Iraqi Kurdistan to protect Kurds from Saddam Hussein’s air force. A year later, the first free and fair elections were held in Kurdistan. It was also the first such election in the whole of Iraq. A decade on, whatever the merits of the conflict, the Peshmerga were allies of the Coalition during the 2003 invasion of Iraq. Since then, Kurdistan has remained steadfast in its commitment to a democratic future.

In Iraq, there is already a functioning Kurdish state in all but name. It is a pioneering force for democracy in the Middle East. In Iraqi Kurdistan there is a core set of values based on tolerance, respect and freedom of expression. Inclusiveness is enshrined in law. Women are recognised as equal citizens, with a law requiring that a minimum of 30 per cent of National Assembly seats must be taken by women. Furthermore, seats are also reserved for minority communities, with the Christian and Turkmen communities guaranteed at least five seats each. These values mirror our values.

We should adequately arm the Kurdish forces of the YPG and Peshmerga to adequately protect their lands. We must do whatever it takes to ensure Isis is restricted from further post-liberation resurgences, as was seen in the Kobanî region following the redeployment of Kurdish forces to Iraq. Over 350 were killed or injured in that resurgence, simply because YPG and Peshmerga forces are overstretched.

We should also seriously consider supporting Iraqi Kurdistan in its long-term ambition to be an independent state – when the time is right. No other people deserves it as do the Kurds. It is the largest homogenous nation on earth not represented by a unified state. They have a right to determine their own future. True, there are major issues to contend with – most notably corruption, political infighting and the continued presidency of Masoud Barzani beyond his legal mandate – however these issues can be overcome with the close help and guidance of the international community.

Outside of Kurdish controlled-areas lie lands ridden with conflict. We have seen our fellow citizens, friends and trading partners have their lives ruined by the twisted and hate-filled soldiers of Isis. In Syria, close to Kurdish cities, pro-democratic forces have been wiped out by Isis or other Islamist groups linked to Al-Qaeda. The rest of Syria is pock-marked with the barrel bombs dropped by Assad’s forces. Even within Kurdish-controlled areas, bombs have been dropped from Turkish planes on Kurdish YPG soldiers fighting for values which we would call our own. The region is highly complex and constantly changing.

Turkey is therefore a key player. Yet in recent years President Erdogan’s administration has escalated the conflict with the Kurdish citizens it represents. Peace talks between Abdullah Ocalan, the leader of the Kurdistan Workers Party (PKK), the People’s Democratic Party (HDP) and the Turkish government ended unsuccessfully in 2015. Erdogan appears determined to militarily crush the PKK before any negotiations around a lasting peace can recommence.

Turkey has refused to recognise either the YPG or the PYD – the main political party of Kurds in Syria – as a legitimate force on the ground, due to its concerns that any Kurdish autonomy in Syria may motivate Kurds in Turkey to demand similar rights. Before the Syrian civil war there were thought to be between 16-20 million Kurds resident in Turkey, in contrast to just two million in Syria.

For Erdogan, this issue is of greater importance than what is occurring in Syria and Iraq. During the Siege of Kobanî, Ankara refused Kurdish YPG fighters the right to travel across the border into Kobanî to fight Isis forces. Rather than allow them to protect their families and friends, Turkey sprayed them with tear gas and removed their weapons. Significant international pressure belatedly led to Ankara allowing Peshmerga Forces to travel from Iraqi Kurdistan and enter Kobanî through Turkey – and just in time to save the city from Isis. In the interim period, Isis recruits routinely crossed over the border with ease.

The Erdogan administration’s conflict with its own Kurdish citizens is undoubtedly complex. Many Kurds in Turkey want some level of recognition and autonomy but it is not known how many desire outright independence. A free and fair poll has never been carried out and would not be tolerated by Ankara. President Erdogan prefers to suppress opinion rather than encourage it. Where is our solidarity for people demanding human rights?

While Turkey’s air forces have been bombing the Kurdish-controlled Kandil mountainous areas in Iraq, often missing Kurdish forces, Ankara has remained a strong ally of the government in Iraqi Kurdistan, which it sees as a correcting force against the regional influences of Riyadh and Tehran. However, Ankara fears an independent Kurdistan and the effects this may have on the Kurdish populations of Turkey and Syria. Ankara fears the establishment of a Greater Kurdistan, an option which is not on the table and most Kurds do not think is achievable.

Each of these issues is interconnected. Though Kurds in Iraq may carry different passports to those in Syria and Turkey, they similarly identify as Kurdish peoples. They share a culture, a religion and a language. The challenges faced by Kurds in Syria are of utmost concern to Kurds in neighbouring countries. There is a fraternity that must not be dismissed.

The Kurdish question in Turkey is obviously complicated. Turkey remains a critical member for the NATO alliance with its landing strips used to carry out bombing raids on Isis. Therefore, keeping Ankara on side is important to Washington. This is why we in the West have been relatively silent on the Kurdish issue. Meanwhile, the international and national boundaries of Iraq and Syria are now so distorted to be almost beyond repair. Kurds control areas beyond that of Kurdistan, with no other force strong enough to protect people in those areas. In our determination not to ‘put boots on the ground’, we ask Peshmerga and YPG forces to do the heavy lifting and endure the casualties of a conflict we in part caused. This is unfair to the Kurdish people.

We must encourage Turkey to end the Kurdish conflict within its borders. Ankara must resume peace talks with Abdullah Ocalan and the HDP – now the third biggest group in the grand assembly of Turkey. Ankara should accept that the Kurdish question cannot be resolved by militarily means. The overarching issues of inequality, equal citizenship and minority rights are beyond the control of even the strongest of strongmen.

The UK can help resolve the Kurdish question. We have long been a supporter of Turkey’s aspiration to become an EU member. We should agree to accelerate that process in return for allowing the EU to broker a peace. We have a duty to the citizens of any state which harbours ambition to join us. We have a duty to protect people’s human rights.

At the same time, we should support the Peshmerga and YPG as they fight a common foe. Defeating Isis forces in Iraq and Syria would reduce the Islamists’ ability to train home-grown jihadists and send them back to European cities. We should support them with weapons and finances in return for guarantees over human rights and post-conflict governance of the areas they retake from Isis.

The Kurdish people have shown themselves to be a small beacon of light in a sea of darkness. If we believe in the values of democracy, tolerance and freedom of expression – we must support those peoples that practice them. There are small steps we can take to show them our solidarity. We must do what we can to support them.

Ibrahim Dogus is the Director of the Centre for Turkey Studies (www.ceftus.org) and the Director of the Centre for Kurdish Progress (www.kurdishprogress.org).