[INDOLOGY] Gender, Power, and Rape when Conducting Research

Sat Apr 28 23:11:44 UTC 2018

Especially in modern Marathi, the term balātkāra exclusively refers to rape.

Madhav Deshpande
Campbell, California

On Sat, Apr 28, 2018 at 1:54 PM, Robert Goldman <rpg at berkeley.edu> wrote:

> And thanks to you, Madhav for this information. Of course the term
> *balātkāra* is well known and widely used for various forms of violence,
> outrage, oppression etc. in the standard Sanskrit lexicon. But I had not
> seen it used specifically for sexual violence.
>
> Bob
> Dr. R. P.  Goldman
> Catherine and William L. Magistretti Distinguished Professor in South
> and Southeast Asian Studies
> Department of South and Southeast Asian Studies MC # 2540
> The University of California at Berkeley
> Berkeley, CA 94720-2540
> Tel: 510-642-4089
> Fax: 510-642-2409
>
> On Apr 28, 2018, at 12:44 PM, Madhav Deshpande <mmdesh at umich.edu> wrote:
>
> Thanks, Bob, for bringing up these stories from Rāmāyaṇa.  The expression
> "balāt" (forcibly) used in these narratives continues into old and modern
> Marathi.  The dictionary of Old Marathi by Tulpule and Feldhaus lists the
> word बळात्कार in the sense of rape and cites passages from old Marathi
> literature.  The word बलात्कार continues to be used in modern Marathi in
> this sense.  From the period of Maratha history going back to the time of
> Shivaji, there are instances of someone accused of rape being sentenced to
> death by being thrown down from a cliff etc.  So one can find references to
> this issue going back into pre-modern India.
>
> Madhav Deshpande
> Campbell, California
>
> On Sat, Apr 28, 2018 at 11:33 AM, Robert Goldman via INDOLOGY <
> indology at list.indology.info> wrote:
>
>> Dear Colleagues,
>>
>> Regarding Professor Slaje’s  comments concerning conceptions of what
>> constitutes rape in premodern India and in the legal codes of most modern
>> countries,  it is of course true that different cultures have different
>> notions of what constitutes consent and what the consequences of  forcible
>> and other forms of non-consensual sex should be.
>>
>> Nonetheless, *Manusmṛti* and other such texts aside there is, indeed,
>>  unambiguous evidence that ancient India was fully aware of the concept of
>>  forcible rape  as a crime deserving of punishment. In substantiation of
>> this I would refer you to three quite unambiguous cases of rape narrated in
>> the *Uttarakāṇḍa *of the* Vālmīki Rāmāyaṇa *(critical edition). These
>> are  found in *sargas* 26, 30, and 71—72 respectively.
>>
>> In the first,  the *rākṣasa* king Rāvaṇa, after being rebuffed in his
>> effort to seduce the apsaras Rambhā,  seizes her violently and rapes her (*pratigṛhya
>> balāt . . .  maithunāyopacakrame*). In her disheveled and terrified
>> state she reports the rape to her lover, Nalakūvara, telling him explicitly
>> that she had been violently sexually assaulted (*balāt . . . dharṣitā*).
>> After confirming the truth of her allegation through meditation (!)
>> Nalakūvara curses Rāvaṇa in a rage, so that he would die should he ever
>> again have sex with a woman against her will. It is this curse that robs
>> the *rākṣasa* of his desire for non consensual sex and, more
>> importantly, serves to spare Sītā from being raped by him when he has her
>> in captivity.
>>
>> The second case is particularly interesting as it purports to provide an
>> origin myth for the phenomenon of rape itself.  This is the poem’s second
>>  account of the sexual encounter between Indra and Ahalyā, the wife of the
>> sage Gautama. Unlike the first account in the *Bālakāṇḍa*, where Indra
>> impersonates Gautama to seduce the apparently not unwilling Ahalyā, the
>> *Uttarakāṇḍa’s* version involves an unambiguous rape. Angered that
>> Ahalyā, the first truly beautiful woman created by Prajāpati, has been
>> given by the Creator to the sage, the god goes to Gautama’s ashram and
>> rapes Ahalyā.  She is twice described in the chapter as *dharṣitā*,
>> raped. As punishment for this grievous crime (*adharmaḥ subalavān*) the
>> sage curses Indra to suffer three consequences. The first is that he will
>> be captured by his enemies (Indrajit). The second is that he will lose, in
>> effect, tenure as permanent king of the gods.  The third is that, as Indra
>> has, according to this account, actually established the phenomenon of rape
>> among men and unleashed it upon the world, he will, from that time forward,
>> suffer one half of the guilt of ever rape committed, the other half going
>> to the perpetrator.   This version, like the one in the *Bālakāṇḍa* also
>> includes an example ofthe familiar practice of blaming the victim as the
>> innocent Ahalyā, regarded as unfaithful by her husband,  is cursed to
>> remain invisible in her husband’s ashram (as in *Bāla*) and also to lose
>> her status as the world’s only beautiful person.
>>
>> The third and final case of rape reported in the *Uttara*, is that of
>> the virgin Arajā, daughter of the sage Uśanas Kāvya. She is raped by the
>> idiot king Daṇḍa, a disciple of her father. When he attempts to seduce he,
>> she urges him to duly request her hand from Uśanas. Despite the girl’s
>> warnings of the dire consequences, he seizes her and violently rapes her (*maithunāyopacakrame)
>> *despite her efforts to resist (*visphurantīm*)*. *When the sage returns
>> and learns what has happened, he curses the king for committing such a
>> heinous crime (*pāpam īdṛśaṃ ghoradarśanam*). Daṇḍa's punishment is far
>> more severe than that suffered by Rāvaṇa and Indra, Uśanas’ retribution is
>> a form of collective punishment, destroying not only the perpetrator of the
>> crime but his entire kingdom, which is reduced  by a mighty dust storm to a
>> desolate wasteland. It becomes, in fact, the eponymous Daṇḍakāraṇya  and
>> the small, habitable area of the Janasthāna which figure so prominently in
>> the Rāmāyana’s narrative.  In this story, as in that of Ahalyā, the rape
>> victim, too, is punished. She is similarly  confined to the ashram to
>> engage in meditation.
>>
>> None of these episodes is written off as a normal seduction or sexual
>> encounter and, particularly in the  case of the rape of the unmarried
>>  Arajā, show no tendency to subject the victim to a marriage with their
>> rapist.
>>
>> All three of these epilogic narratives serve to explain features of the
>> earlier epic narrative, but they also demonstrate quite clearly, that the
>> author or authors of the *Uttarakāṇḍa*, were fully aware of the
>> phenomenon of forcible rape as a severe violation in much the way that we,
>> in modernity, understand it. The Indra-Ahalyā episode, in fact, addresses
>> rape as a  continuing social problem and as a crime that incurs guilt both
>> for the rapist and the originator of the phenomenon.
>>
>> I must agree with Professor Slaje that the phenomenon of rape in early
>> India deserves further investigation. For those interested in this I would
>> suggest reading the recent introduction, translation and annotation of the
>> *Uttarakāṇḍa* by my colleague, Dr. Sally Sutherland Goldman and myself
>> (Princeton University Press 2017) and Dr. Sutherland Goldman’s  article now
>>  in press:
>>
>> "Against Their Will : Sexual Assault in the *Uttarakāṇḍa*” Studies in
>> History 34(2) 1–18 © 2018 Jawaharlal Nehru University. Delhi: SAGE
>> Publications
>> sagepub.in/home.nav
>> DOI: 10.1177/0257643018772405
>> http://journals.sagepub.com/home/sih
>>
>> Best wishes to you all.
>>
>>
>> Dr. R. P.  Goldman
>> Catherine and William L. Magistretti Distinguished Professor in South
>> and Southeast Asian Studies
>> Department of South and Southeast Asian Studies MC # 2540
>> The University of California at Berkeley
>> Berkeley, CA 94720-2540
>> Tel: 510-642-4089
>> Fax: 510-642-2409
>>
>> On Apr 27, 2018, at 10:23 AM, Herman Tull via INDOLOGY <
>> indology at list.indology.info> wrote:
>>
>> Speaking for myself, I was grateful for Audrey Truschke's link. Teaching
>> at a small liberal arts college, I have many students ask about study and
>> travel in India. Articles such as this are far more useful than the
>> reflections I can offer on my own student experiences, as a male, 40 years
>> ago in South India.
>>
>> Audrey's note suggested this was not sent for discussion, but simply as a
>> point of reference.
>>
>> Herman Tull
>>
>> On Fri, Apr 27, 2018, 12:50 PM Camillo Formigatti via INDOLOGY <
>> indology at list.indology.info> wrote:
>>
>>> Dear colleagues,
>>>
>>>
>>>
>>> If I may put my two cents in, although I am personally very interested
>>> in politics and latest news, I thought that this is a scholarly forum, not
>>> political or of social critique, so I do not see the point in discussing
>>> this terrible event here. I do understand that issues of power and gender
>>> influence the entirety of our lives, we experience them every day at home,
>>> at work, basically everywhere. I have my own personal opinion about gender
>>> inequality as well as many other political and social topics (including the
>>> case discussed in this thread), as I’m sure all of us have.
>>>
>>>
>>>
>>> Please forgive me if I sound a bit naïve or maybe not engaged enough. I
>>> am well aware that academia too is political, yet I really think that this
>>> is not the right forum to discuss this kind of topic.
>>>
>>>
>>>
>>> Best wishes,
>>>
>>>
>>>
>>> Camillo
>>>
>>>
>>> ------------------------------
>>>
>>>
>>>
>>> Dr Camillo A. Formigatti
>>>
>>> John Clay Sanskrit Librarian
>>>
>>>
>>>
>>> Bodleian Libraries
>>>
>>> The Weston Library
>>>
>>> Broad Street, Oxford
>>>
>>> OX1 3BG
>>>
>>>
>>>
>>> Email: camillo.formigatti at bodleian.ox.ac.uk
>>>
>>> Tel. (office): 01865 (2)77208
>>> www.bodleian.ox.ac.uk
>>>
>>>
>>>
>>> *GROW YOUR MIND*
>>>
>>> in Oxford University’s
>>>
>>> Gardens, Libraries and Museums
>>>
>>> www.mindgrowing.org
>>>
>>>
>>>
>>> *From:* Walter Slaje [mailto:slaje at kabelmail.de]
>>> *Sent:* 27 April 2018 08:33
>>> *To:* indology at list.indology.info
>>> *Subject:* Re: [INDOLOGY] Gender, Power, and Rape when Conducting
>>> Research
>>>
>>>
>>>
>>> There is also this:
>>>
>>> https://www.ndtv.com/opinion/mahmood-farooqui-and-his-acquit
>>> tal-in-rape-case-1803070
>>>
>>> And this:
>>>
>>> https://timesofindia.indiatimes.com/india/mahmood-farooqui-
>>> rape-acquittal-extremely-well-decided-says-supreme-court-
>>> dismissing-appeal-against-earlier-verdict/articleshow/62566322.cms
>>>
>>> The Mahātmā moreover stated:
>>>
>>> „I have always held that it is physically impossible to violate a woman
>>> against her will. [ . . . ] If she cannot meet the assailant's physical
>>> might, her purity will give her the strength to die before he succeeds in
>>> violating her. [ . . . ] I know that women are capable of throwing away
>>> their lives for a much lesser purpose. Only a few days ago a young girl of
>>> twenty burnt herself to death as she felt she was being persecuted for
>>> refusing to go in for ordinary studies. And she perished with such cool
>>> courage and determination. She ignited her sari with an ordinary oil-light
>>> and did not so much as raise a cry, so that the people in the neighbouring
>>> room were unaware of the happening until all was over.” *Harijan*,
>>> 25-8-1940 and 1-9-1940.
>>>
>>> (Quoted from M. K. GANDHI, The Collected Works of Mahatma Gandhi
>>> (Electronic Book). 98 volumes. New Delhi: Publications Division Government
>>> of India 1999. [http://www.gandhiserve.org/ cwmg/
>>> <http://gandhiserve.org/cwmg/> cwmg.html] 79, Nr. 130: 126 f).
>>>
>>>
>>>
>>> Modern American and traditional Indian notions of rape, honour, consent
>>> and “sexual interaction” (e.g., the exchange of kisses can count as such)
>>> seem to differ widely.
>>>
>>>
>>>
>>> It is well known that “secret intercourse with a woman who is asleep,
>>> drunk, or mentally deranged” is categorized as a form of “marriage” in
>>> ancient Indian law books.
>>>
>>> Manu (3.34) uses “*upa-gam*” – *inire feminam* (pw) / to approach a
>>> woman sexually (MW) – for the consummation of “marriage”. *upa-gam* is
>>> a common verb for “having sex” in a general sense.
>>>
>>>
>>>
>>> In the given context, recent English translations use however “to rape”
>>> as an equivalent (see Olivelle 2005, p. 110). Interpretations follow suit:
>>> “Tantamount to rape” (Jamison in Olivelle & Davis (ed.), Hindu Law 2017, p.
>>> 130).
>>>
>>>
>>>
>>> Unless supported by unambiguous evidence, such readings should be
>>> treated as notionally anachronistic interpretations reflexively projected
>>> onto ancient India. What appears to be “rape”, or to be “tantamount to
>>> rape”, in the eyes of 21st century Western Indologists, does not
>>> necessarily represent the viewpoint of a (pre)modern Indian society.
>>>
>>>
>>>
>>> With regard to its connotation, Doniger (1991: 46) and Michaels (2010:
>>> 49) offer neutral and therefore more faithful translations of *upa-gam*:
>>> “to have sex with” and “Beischlaf”.
>>>
>>>
>>>
>>> Actually, we are in dire need of a substantial investigation into the
>>> history of the notions of “rape” as they prevailed in premodern India. This
>>> will help to understand and assess their (dis)continuation also in the
>>> thinking of today.
>>>
>>>
>>>
>>> Best,
>>>
>>> WS
>>>
>>>
>>>
>>> -----------------------------
>>> Prof. Dr. Walter Slaje
>>> Hermann-Löns-Str. 1
>>> D-99425 Weimar
>>> Deutschland
>>>
>>>
>>>
>>> 2018-04-26 15:27 GMT+02:00 Audrey Truschke via INDOLOGY <
>>> indology at list.indology.info>:
>>>
>>> Dear Colleagues,
>>>
>>>
>>>
>>> I would like to share this insightful, brave piece written by a PhD
>>> student at Columbia University about her experience pursuing a rape charge
>>> against Mahmood Farooqui in the Indian judicial system. I think it is
>>> relevant for Indologists, especially for sending students to conduct
>>> research abroad, dealing with our own instances of sexual misconduct in the
>>> field, and thinking about gender and power dynamics.
>>>
>>>
>>>
>>> https://scroll.in/article/876788/healing-myself-a-woman-reco
>>> unts-her-struggles-after-a-court-acquitted-the-man-she-accused-of-rape
>>>
>>>
>>>
>>> Audrey
>>>
>>>
>>> Audrey Truschke
>>>
>>> Assistant Professor
>>>
>>> Department of History
>>> Rutgers University-Newark
>>>
>>>
>>> _______________________________________________
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>>
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