Corrective Rape: Punishment for Violating Gender & Sexual Orientation Norms

   “Hello there! I’m here to provide you with a bit of information on what corrective rape is, its various facets, and the Indian laws relevant to this abuse. What you, as a survivor, are experiencing, post confronting a traumatic experience is normal. What you, as a bystander, are going through while supporting a survivor is absolutely okay and typical too!  If you need additional resources or just someone to talk to, feel free to reach out to The Neeti Project."

Written By: Megha Kishore

What is Corrective Rape?

Corrective Rape was initially recognized as rape perpetuated by heterosexual men against lesbian women to correct or cure their homosexuality. Heterosexual men considered this as a form of punishment for being homosexual and for violating traditional representations of gender and sexual orientation.

In recent times, this terminology is being used when rape is perpetrated against any person who does not conform to traditional gender norms and sexual orientation (like the LGBTQIA + community).

Corrective Rape is also known as curative rape or homophobic rape (Doan-Minh, n.d.).

How Prevalent is Corrective Rape Globally and in India?

(Trigger Warning: Mentions of specific forms of violence)

Corrective rape came into the limelight due to Eudy Simelane. Eudy, a South-African footballer who played for her country’s national team, was also an LGBT rights activist. She was one of the first few women who identified herself as a lesbian woman. She was abducted, raped, and stabbed 25 times on her face, chest, and legs. Her body was found in KwaThema. The South-African Human Rights Commission suggested that her murder was a hate crime committed resulting from her sexual orientation (Wikipedia contributors, 2022).

• In India, most cases of corrective rape go unreported.
• Few corrective rape cases are reported, not because the individual was raped, but most often because survivors fled their homes, successively gaining courage to speak up.
• The Crisis Intervention Team of Telangana reports more than 15 cases of corrective rape in the last 5 years.
• Men from this study felt that corrective rape is a type of "disciplining project". In South India, cousins are roped for this "project". On many occasions, a girl is married to her cousin brother if they identify with with the queer community. Elders believe that getting their daughter married and coercively consummating her marriage would "cure her" (Dawn.com, 2015).
• In Northern India, more than 1000 cases of of corrective rape were registered under the POSCO Act post the pandemic lockdown.
• Police officers suggested that cases of corrective rape decreased during the lockdown as most of the children stayed with their parents. The cases registered had a common narrative.
• A 15-year-old girl was kidnapped and sold for marriage in Rajasthan. The girl was lured by a man living in her neighborhood, taken to Agra under the pretext of sightseeing, and sold for marriage there. She and other victims were sexually assaulted and silenced through blackmail and threats. Upon , proper investigation evidence was discovered and victims rescued (Singh, 2021). 
• An article in 2017 suggested that in Eastern states of India, child abuse cases relevant to corrective rape were reported in child care institutions (Zaman, 2019). 

A Real Case of Corrective Rape:

A girl came out of the closet as a lesbian woman to her parents. Consequently, her parents took her to exorcists and witch-doctors assuming she was possessed by an evil spirit. Her parents counseled her that she has normal organs and there is nothing wrong with her. They consistently told her that "there is no such thing as loving a girl and an evil spirit is attempting to invade her." Fearing that she would be forcibly married or raped, the girl ultimately fled home. In many other cases as well, parents force their children into prostitution assuming this to a be a form of cure towards perceived illness of their children (Patidar & Oaten, 2021).

Why Does Corrective Rape Occur?

1. Due to the existence of heteronormativity: A general that men and women are created for a reason and are assigned different physical attributes and gender norms, only to be paired with the opposite gender.
2. Heterosexism: Sexuality is often viewed dichotomously as male power and female oppression. Violence and rape is prevalent because men often assume they are allowed to "own' women’s bodies, resulting in violence including corrective rape.
3. Patriarchy: Communities within India holding patriarchal beliefs of male dominance and male-centered social systems, control women’s power, reproduction rights, sexuality rights, mobility rights, property rights, and other economic resources.
4. History and Mythology: Storytelling of mythology and history to future generations, often involve relationships between a man and a woman, with minimal advocation or acceptance of other narratives discussing homosexual relationship (Gaitho, 2006).

How Can We Reduce the Occurrence of Corrective Rape?

1. Education and Media as a medium of change: Implementing sex education in school and college curriculum can be extremely beneficial. The curriculum should advocate harmful and illicit practices that exist against various genders and prevention of gender or sexual orientation relevant phobias. There should be advocacy surrounding gender equality and LGBTQAI+ (Lesbian, Gay, Bi-sexual, Trans -sexual, Queer, Questioning, Intersex, Pansexual, Two-sexual, Asexual and Ally) rights.
2. Social media can be used as a medium to address and advocate issues relevant to gender rights and corrective rape.
3. Redefining Masculinity and roots of culture: There are certain practices that were prevalent in the 18th century that are not applicable in the 21st century. We must learn to evolve and accept these positive changes. Superstitions and beliefs must be researched and questioned. Patriarchy and dominance must be reduced and gender equality must be promoted. 

Where Can I Find Help?

1. Transgenie: Supports transgender survivors of gender-based violence.

• Phone: +91-7338321413 

2. Queerythm: Supports LGBTQIA++ persons who have faced violence.

• Phone: +91-9745545559
• Available in English, Malayalam, and Tamil – 24×7)

3. Sappho for Equality: Supports LGBTQIA++ persons who have faced violence.

• Phone: +91-98315 18320
• Available from 12 pm – 8 pm except Mondays

4. Humsafar in Delhi: Supports LGBTQIA++ persons who have faced violence.

• Phone: 011-46016699

5. Humsafar in Mumbai: Supports LGBTQIA++ persons who have faced violence.

• Phone: 02226673800 from 12-8pm

6. Tweet Foundation Helpline for Transmen and Transwomen: Supports trans men and trans women who have faced violence.

• Phone: 9315550875
• Also available on WhatsApp from 9 am to 6 pm

7. TARSHI : Supports LGBTQIA++ persons who have faced violence.

• Phone: 092266021333 across India

8. Swabhava: Supports LGBTQIA++ persons who have faced violence.

• Phone: +91 80 2223 0959
• Available in English, Hindi, Kannada, Malayalam, Tamil)

9. Parivarthan helpline in Bangalore: Supports LGBTQIA++ persons who have faced violence.

• Phone: +91 7676 602 602
• available in Bengali, English, Hindi, Kannada, Marathi, Punjabi, Tamil

10. iCALL helpline in Mumbai: Supports LGBTQIA++ persons who have faced violence.

• Phone: +91 22 2552 1111
• available in Bengali, English, Gujarati, Hindi, Konkani, Malayalam, Marathi, Punjabi, Tamil, Telugu

11. TARSHI in Dehi for Vodafone and Tata Docomo Users: Supports LGBTQIA++ persons who have faced violence.

• Phone: 5090913

12. Queerbatore: An informal social and support group, Queerbatore, has been in existence since 2015.

• Email to orinam.net@gmail.com with ‘Queerbatore’ in the subject list

13. Sahayatrika Helpline in Kerala: Provides support for lesbian, bisexual women and transgender people.

• Phone +91-9744955866 on Thursday, Friday, or Saturday between 4 pm – 7 pm
• Email sahayatrika@gmail.com

14. Good As You in Bangalore: Provides counseling for LGBTQIA+ persons.

• Phone: 080-2223-0959

15. LesBiT in Bangalore: Provides support for lesbian, bisexual women and transgender people.

• Phone: 080-23439124
• Telephone helpline works for two days in a week - Saturdays (11.30 a.m. to 3 p.m.) and Sundays (11.30 a.m. to 6 p.m.) for lesbian and bisexual women, and female-to-male transgender individuals)

16. InnerSight Counselling & Training Center in Bangalore: Provides counselling services that are sensitive to the issues and concerns of LGBT people.

• Phone: +91-80-41649080 or Mobile: +91-96114 05684
• Email: counsellors@innersight.in

17. Sahaya Help Line in Bangalore: Provides counselling services that are sensitive to the issues and concerns of LGBT people.

• Phone: 080-223 0959 (Only on Tuesdays and Fridays, between 7p.m. and 9.00p.m.)
• Email: sahayabangalore@hotmail.com

18. Sangama in Bangalore: Provides support for sexual minorities.

• (Phone: 9945601651 / 52 9945601653 / 54 9945231493)

19. Sappho Helpline: Provides support for anyone from the LGBTIQ community, friends and families, who is seeking help.

• Phone: +91 98315 18320 (10 am – 9 pm)
• In addition to the helpline, SFE functions as a support group for lesbians, bi women and transmen.

20. SAATHII information line for LGBT and sexual health issues:

• info@saathii.org
• Phone: 033 2484 4841 (Mon, Wed, Fri; 12-5 pm)

21. Umang: Provides support group in Mumbai, and helpline for lesbians, bi women and ftm/transmen.

• Phone: +91 22 2667 380

22. Sangini: Helpline for lesbian, bisexual, trans and questioning women.

• Phone: 011-55676450
• Tuesdays 12 pm to 3pm and Fridays 6pm to 8pm

23. SAATHII: Information line for LGBT and sexual health issues.

• Phone: 0674 657 1222 (Mon, Wed, Fri; 12-5 pm)
• Email: info@saathii.org

What are the Indian Laws Relevant to Corrective Rape, Gender, and Homosexuality?

1. A 157-year old colonial law that criminalized certain sexual acts as ‘unnatural offences’ with a stringent deterrent of 10 years imprisonment recognized under Section 377 of the Indian Penal Code, 1860 was scrapped down by the Supreme Court of India in the historic decision of Navtej Singh Johar v. Union of India (2018). Justice DY Chandrachud said ‘the state has no right to control the private lives of LGBT community members and that the denial of the right to sexual orientation was the same as denying the right to privacy.’
2. Section 375 read with Section 376 of the Indian Penal Code, 1860 recognizes rape of a woman as an offence with rigorous imprisonment of either description for a term which shall not be less than ten years, but which may extend to imprisonment for life, and shall also be liable to fine.
3. Unfortunately ‘corrective rape’ is not considered with the definition of rape provided by the Indian criminal law.
4. The Mental Health Care Act, 2017 can give modest protection to the LGBTQIA+ community.
5. In a June 2021 ruling, the Madras High Court outlawed the practice of ‘conversion therapy' in India, establishing protection for LGBTQIA+ people in the nation. The case involves a lesbian couple who were forced to flee their homes after their parents threatened them as a result of their relationship. The families proceeded to the police station and filed a missing-person report, following which the pair sought protection from their family’s persecution and police interrogation, through the courts. The High Court in S. Sushma v. Commissioner of Police (2021) ordered the prohibition of conversion therapy and ‘any attempts to medically cure or change the sexual orientation of LGBTIQA+ people to heterosexual, or the gender identity of transgender people to cisgender’, in order to protect the couple’s Right to Dignity, Life, Privacy, and Freedom of Choice guaranteed by the Indian Constitution (Mahawar, 2021).

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References

Dawn.com. (2015). 'Corrective rape' used in India to 'cure' homosexuality. DAWN.COM. Retrieved October 23, 2022, from https://www.dawn.com/news/1185745

Doan-Minh, S. (n.d.). Corrective Rape: An Extreme Manifestation of Discrimination and the State’s Complicity in Sexual Violence. UC Hastings Scholarship Repository. Retrieved October 23, 2022, from https://repository.uchastings.edu/hwlj/vol30/iss1/8/

Frequently asked questions: Types of violence against women and girls. (n.d.). UN Women ÂHeadquarters. Retrieved October 23, 2022, from https://www.unwomen.org/en/what-we-do/ending-violence-against-women/faqs/types-of-violence

Gaitho, W. (2006). Curing Corrective Rape: Socio-Legal Perspectives on Sexual Violence Against Black Lesbians in South Africa. William & Mary Journal of Race, Gender, and Social Justice, 28(2), 329. https://scholarship.law.wm.edu/cgi/viewcontent.cgi?article=1573&context=wmjowl

Mahawar, S. (2021). Corrective rape : a reflection of India’s obsession with heterosexuality. iPleaders. Retrieved October 23, 2022, from https://blog.ipleaders.in/corrective-rape-reflection-indias-obsession-heterosexuality/

Patidar, S., & Oaten, J. (2021). In India, gay, lesbian and trans people can face witchdoctors, exorcists and “corrective rape.” ABC News. Retrieved October 23, 2022, from https://www.abc.net.au/news/2021-12-23/gay-trans-rights-in-india/100697904

Singh, A. (2021). Delhi: With lockdowns gone, child abuse cases increase from previous year. The Times of India. https://timesofindia.indiatimes.com/city/delhi/with-lockdowns-gone-child-abuse-cases-increase-from-previous-year/articleshow/87837103.cms

Wikipedia contributors. (2022). Eudy Simelane. Wikipedia. Retrieved October 23, 2022, from https://en.wikipedia.org/wiki/Eudy_Simelane

Zaman, R. (2019). Child abuse worry in Assam. Telegraph India. https://www.telegraphindia.com/north-east/child-abuse-worry-in-assam/cid/1720477