Crossing norms of decency

by GARGA CHATTERJEE

The Bengalee athlete Pinky Pramanik, who has won numerous medals for Bengal and the Indian Union, has been at the centre of unprecedented media attention surrounding the issue of her biological gender. A woman who was living with Pinky for some time has accused Pinky Pramanik, who considers herself female, of rape. The way this case of alleged rape has been taken advantage of, by wide sections of the print and television media, should be enough for serious soul-searching about the nature of media we have and the depths it has reached for a few eyeballs more, for more and more revenue. The media has finally taken unbridled infotainment to its sordid extreme by manufacturing information and conjectures to provide entertainment – that too by massaging already existing prejudices against gender and sexual variance.

This case of alleged rape and the prurient ‘reporting’ around it stems from a certain feature of the Indian Penal Code, that only a man can rape. A woman can commit a sexual assault, but not rape. This asymmetry in law stems largely from archaic and make-believe notions of gender roles in sex and by extension sexual predation. Many countries, including France have gender-neutral rape laws where rape at its core remains sexual intercourse without consent, with certain exceptions of statutory rape. It is from this ludicrous asymmetry in the IPC stems the need to demonstrate Pinky Pramanik’s gender, for ‘rape’ as defined by the IPC can only be committed by a man and hence Pinky Pramanik can be charged with rape only on being shown to be a man. This is where the media came in and took it upon itself to supply masala and queer-hate masquerading as a rape-case reporting. Every time a hijra is violently raped by members of the police force and other extortionists, something that happens with gut-wrenching regularity, where is this debate of rape or not, article 302 or 377? There is no report, there is no conviction, and there is no case. This same media doesn’t report it. That violent sexual crime is not the monopoly of the ‘sexually deviant’, is hardly a sensational story. If anything, it can give rise to sensations that threaten to open a Pandora’s box.

From the very outset, the basic assumption of ‘innocent until proven guilty’ was thrown to the winds. Pinky’s whole life was brought in public scrutiny, including instances where she had reportedly shown ‘unwomanly aggressiveness’. What sterling examples of gender sensitivity we have in our media, which finds female aggression extraordinary, and by implication, male aggression as ordinary. What is this but an extension of the sick mentality found in numerous books of religion and law where disciplining the woman by aggression is placed when within a man’s right.

The Echo of India for more