“In a blow to the efforts of NGOs and social organisations seeking to enlarge the definition of ‘rape,’ the Supreme Court said it was not possible judicially to change the definition given in Section 375 of Indian Penal Code to encompass all forms of forcible penetration including oral and anal, otherwise classified as unnatural sex… Justice G P Mathur expressed its inability to enlarge the definition of rape saying such an exercise would ‘result in good deal of chaos and confusion and will not be in the interest of the society.’” — Navhind Times (India)

In India feminist groups have been trying to enlarge the definition of rape. Hitherto it has been reserved exclusively for forcible penile/vaginal penetration, and these advocacy groups would simply like it expanded to include other sorts of violation. It’s not at all an instance of feminist hysteria or libertarian melodrama. These groups aren’t asking for a pinch on the bum or a lewd stare to be considered rape. They’re just requesting that, if a guy shoves a wooden spoon up a girl’s ass, it be considered as much an act of rape as if he had shoved his penis into her vagina.

It sounds like a pretty reasonable proposal, at least from this side of the world. So why did the judge shoot it down? He seemed to have two reasons. The first was legal precedent — the definition hadn’t been changed in a century, so why change it now? Of course this is precisely the same reason these advocacy groups wanted the definition changed. Since the definition was a century old, it didn’t seem consonant with contemporary mores.

And the second reason? Changing the definition of rape, the judge argued, would “result in a good deal of chaos and confusion.” Hunh? What kind of confusion and chaos — among rapers? Like, a guy wants to rape a girl who’s been refusing his advances, but he’s not sure what constitutes rape anymore? He doesn’t know whether to fuck her or poke her with a stick, so he’s crippled by indecision, like Hamlet?

it’s such a bizarre rationale that it makes it difficult not to think that the judge is just worried about increasing his case load. To expand the definition of a crime is to invite more litigation. “Who needs it?” he must have thought to himself. “All these women do nothing but complain anyway. Why give ‘em another legitimate beef?”

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