Will the Delhi gang-rape case actually change women's lives in India?

Translating "watershed" moments into action is almost impossible in a misogynist society with an under-equipped police force.

 

By now, you will know the basic facts of the Delhi gang rape case. On 16 December, a woman and her male companion were lured onto a private bus. On board, she was brutally gang-raped and beaten by six men as the bus drove around the city. After a sustained ordeal, the two victims were thrown onto the street. She died of her injuries a fortnight later.

You will also be aware of the response. Delhi and other major Indian cities were overcome with protests, while politicians, after initially misjudging the public mood, have promised change. The case and its implications have been exhaustively debated in the international media. Some British journalists have denounced India’s misogynistic culture (the case should “shatter our Bollywood fantasies”, said Libby Purves in the Times) while others condemned this neo-colonial attitude, noting that rape is hardly a problem unique to the subcontinent - “let us Brits not get all high and mighty,” said Owen Jones in the Independent. Particularly dishearteningly, sections of the Pakistani and Indian press have been engaged in a “your misogyny is worse than our misogyny” tit-for-tat.

As commentators run out of new things to say, what of the response that really matters – that taking place in Indian halls of power, and across society? Legal reforms under discussion include harsher penalties for sexual assault and fast-tracked court cases to improve woeful conviction rates. Yet, as many have pointed out, the problem runs deeper than legal changes.

This is not the first time that a brutal rape has prompted outrage in India, although the outpouring of grief and anger has arguably reached a new level this time. In July last year, a 17 year old girl in the north-eastern city of Guwahati was sexually assaulted by around 20 men.  A passing TV crew filmed the incident, rather than intervening to stop it. National outrage ensued after the clip was shown on television. Yet despite the protests, international news coverage, and introspection about rape culture, nothing changed. This was not the first high profile rape case; it will not be the last.

Translating a high profile “watershed moment” into lasting change is a serious challenge in any country in the world. The major difficulty of overcoming regressive attitudes is evident in statements made in recent days – from the guru who said that the woman was partly to blame, to the defence lawyer for the case, who said this week: “I have not seen a single incident or example of rape with a respected lady”.

This goes beyond offensive statements. Laws to protect women already exist – but are not enforced at ground-level due to a chronically under-funded, under-trained, and misogynistic police force. This is true across the sub-continent. Across the border in Pakistan, a law was introduced in 2011 to combat acid violence – yet a year later, campaigners say it has made little difference, with just 10 per cent of cases making it to court due to poor enforcement. The story is the same for a raft of pro-women legislation on both sides of the Indo-Pakistan border.

This lack of enforcement is at its worst in impoverished rural areas. The increasingly educated, urban India, which has been deeply disturbed by this event, is a marked contrast to the rural expanse of villages where it has barely made an impact. In villages, tribal justice and feudal practices continue unabated, with gang rapes routinely meted out as punishment. Living in Pakistan, I was shocked by the frequency with which these horrifying stories are reported. And those are just the ones that make the newspapers. The story is not dissimilar in India (despite the cross-border sniping about which country is worse for women). A BBC article last week listed some recent cases:

“A 10-month-old raped by a neighbour in Delhi; an 18-month-old raped and abandoned on the streets in Calcutta; a 14-year-old raped and murdered in a police station in Uttar Pradesh; a husband facilitating his own wife's gang rape in Howrah; a 65-year-old grandmother raped in Kharagpur.”

A serious and sustained discussion of rape and the myriad factors which allow it to happen can only be welcomed. But as the media storm dies down, the true test comes: will this really mean anything for India’s women?

"Designated rape zone": graffiti in New Delhi. Photo: Getty

Samira Shackle is a freelance journalist, who tweets @samirashackle. She was formerly a staff writer for the New Statesman.

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The 11 things we know after the Brexit plan debate

Labour may just have fallen into a trap. 

On Wednesday, both Labour and Tory MPs filed out of the Commons together to back a motion calling on the Prime Minister to commit to publish the government’s Brexit plan before Article 50 is triggered in March 2017. 

The motion was proposed by Labour, but the government agreed to back it after inserting its own amendment calling on MPs to “respect the wishes of the United Kingdom” and adhere to the original timetable. 

With questions on everything from the customs union to the Northern Irish border, it is clear that the Brexit minister David Davis will have a busy Christmas. Meanwhile, his declared intention to stay schtum about the meat of Brexit negotiations for now means the nation has been hanging off every titbit of news, including a snapped memo reading “have cake and eat it”. 

So, with confusion abounding, here is what we know from the Brexit plan debate: 

1. The government will set out a Brexit plan before triggering Article 50

The Brexit minister David Davis said that Parliament will get to hear the government’s “strategic plans” ahead of triggering Article 50, but that this will not include anything that will “jeopardise our negotiating position”. 

While this is something of a victory for the Remain MPs and the Opposition, the devil is in the detail. For example, this could still mean anything from a white paper to a brief description released days before the March deadline.

2. Parliament will get a say on converting EU law into UK law

Davis repeated that the Great Repeal Bill, which scraps the European Communities Act 1972, will be presented to the Commons during the two-year period following Article 50.

He said: “After that there will be a series of consequential legislative measures, some primary, some secondary, and on every measure the House will have a vote and say.”

In other words, MPs will get to debate how existing EU law is converted to UK law. But, crucially, that isn’t the same as getting to debate the trade negotiations. And the crucial trade-off between access to the single market versus freedom of movement is likely to be decided there. 

3. Parliament is almost sure to get a final vote on the Brexit deal

The European Parliament is expected to vote on the final Brexit deal, which means the government accepts it also needs parliamentary approval. Davis said: “It is inconceivable to me that if the European Parliament has a vote, this House does not.”

Davis also pledged to keep MPs as well-informed as MEPs will be.

However, as shadow Brexit secretary Keir Starmer pointed out to The New Statesman, this could still leave MPs facing the choice of passing a Brexit deal they disagree with or plunging into a post-EU abyss. 

4. The government still plans to trigger Article 50 in March

With German and French elections planned for 2017, Labour MP Geraint Davies asked if there was any point triggering Article 50 before the autumn. 

But Davis said there were 15 elections scheduled during the negotiation process, so such kind of delay was “simply not possible”. 

5. Themed debates are a clue to Brexit priorities

One way to get a measure of the government’s priorities is the themed debates it is holding on various areas covered by EU law, including two already held on workers’ rights and transport.  

Davis mentioned themed debates as a key way his department would be held to account. 

It's not exactly disclosure, but it is one step better than relying on a camera man papping advisers as they walk into No.10 with their notes on show. 

6. The immigration policy is likely to focus on unskilled migrants

At the Tory party conference, Theresa May hinted at a draconian immigration policy that had little time for “citizens of the world”, while Davis said the “clear message” from the Brexit vote was “control immigration”.

He struck a softer tone in the debate, saying: “Free movement of people cannot continue as it is now, but this will not mean pulling up the drawbridge.”

The government would try to win “the global battle for talent”, he added. If the government intends to stick to its migration target and, as this suggests, will keep the criteria for skilled immigrants flexible, the main target for a clampdown is clearly unskilled labour.  

7. The government is still trying to stay in the customs union

Pressed about the customs union by Anna Soubry, the outspoken Tory backbencher, Davis said the government is looking at “several options”. This includes Norway, which is in the single market but not the customs union, and Switzerland, which is in neither but has a customs agreement. 

(For what it's worth, the EU describes this as "a series of bilateral agreements where Switzerland has agreed to take on certain aspects of EU legislation in exchange for accessing the EU's single market". It also notes that Swiss exports to the EU are focused on a few sectors, like chemicals, machinery and, yes, watches.)

8. The government wants the status quo on security

Davis said that on security and law enforcement “our aim is to preserve the current relationship as best we can”. 

He said there is a “clear mutual interest in continued co-operation” and signalled a willingness for the UK to pitch in to ensure Europe is secure across borders. 

One of the big tests for this commitment will be if the government opts into Europol legislation which comes into force next year.

9. The Chancellor is wooing industries

Robin Walker, the under-secretary for Brexit, said Philip Hammond and Brexit ministers were meeting organisations in the City, and had also met representatives from the aerospace, energy, farming, chemicals, car manufacturing and tourism industries. 

However, Labour has already attacked the government for playing favourites with its secretive Nissan deal. Brexit ministers have a fine line to walk between diplomacy and what looks like a bribe. 

10. Devolved administrations are causing trouble

A meeting with leaders of Scotland, Wales and Northern Ireland ended badly, with the First Minister of Scotland Nicola Sturgeon publicly declaring it “deeply frustrating”. The Scottish government has since ramped up its attempts to block Brexit in the courts. 

Walker took a more conciliatory tone, saying that the PM was “committed to full engagement with the devolved administrations” and said he undertook the task of “listening to the concerns” of their representatives. 

11. Remain MPs may have just voted for a trap

Those MPs backing Remain were divided on whether to back the debate with the government’s amendment, with the Green co-leader Caroline Lucas calling it “the Tories’ trap”.

She argued that it meant signing up to invoking Article 50 by March, and imposing a “tight timetable” and “arbitrary deadline”, all for a vaguely-worded Brexit plan. In the end, Lucas was one of the Remainers who voted against the motion, along with the SNP. 

George agrees – you can read his analysis of the Brexit trap here

Julia Rampen is the editor of The Staggers, The New Statesman's online rolling politics blog. She was previously deputy editor at Mirror Money Online and has worked as a financial journalist for several trade magazines.