Sexual Violence in the University Campuses of Delhi, India, and Therapeutic Jurisprudence for Justice to Victims: A Qualitative Study

Sexual Violence in the University Campuses of Delhi, India, and Therapeutic Jurisprudence for Justice to Victims: A Qualitative Study

Hina Kousar (YWCA – Dallas, USA)
Copyright: © 2017 |Pages: 15
DOI: 10.4018/978-1-5225-2472-4.ch013
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Abstract

This chapter explores the existence of therapeutic jurisprudential approach in the present laws and guidelines that may address sexual harassment in the university campuses in Delhi, India. It has been seen that sexual harassment in the college campuses has often been overlooked as courtship problems between young adults. In this course, the trauma and victimization of women had also been overlooked. This chapter suggests that university campus sexual harassment may be exhaustive and it may include various forms of harassment including physical touching, verbal sexual bullying to even graver offences like molestation. This chapter researches on several forms of sexual harassments which are prevalent in the university campuses and which may defy the existing regulations due to the patriarchal social setup. It further researches on needs of therapeutic jurisprudence to deal with such problems.
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Definition

Sexual violence is an Umbrella term which includes wide range of behaviors which can occur in varying circumstances and settings. It is the forcing of sexual behavior by a man over the women. These include sexual harassment, sexual assault, and coerced sex in marriage and dating relationships, molestation by strangers, rape, sexual abuse of children, sexual abuse of people with disabilities, forced prostitution and sexual trafficking, forced abortion and any kind of violent acts against the sexual integrity of women, including female genital cutting. Sexual violence must be recognized, many definitions are arrived at through cultural, socio-political, and geographic lenses.

The United Nations Declaration on the Elimination of Violence against Women (Article 1) defines violence against women to include: ‘Any act of gender-based violence that results in, or is likely to result in, physical, sexual or psychological harm or suffering to women, including threats of such acts, coercion or arbitrary deprivations of liberty, whether occurring in public or private life.’ Article 2 of the United Nations Declaration further specifies that violence against women should include, but not be limited to: ‘Acts of physical, sexual and psychological violence whether they are in family or in the community.’

The acts of violence specified in this chapter include: spousal battering, sexual abuse of female children, dowry-related violence, rape including marital rape, traditional practices harmful to women such as female genital mutilation, non-spousal violence, sexual harassment and intimidation, trafficking in women, forced prostitution, and violence perpetrated or condoned by the state such as rape in war.

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