Understanding changes in the legal landscape of sexual harassment in India
Saksham report pointed to what is desirable for
committees to do, the LoSHA moment alerted us to the impossibilities of doing so, and
V.Geetha guided us towards introspection on how hierarchies are constituted. The Saksham
report made a significant, separate assertion about research scholars: ‘Given the
singular power that such faculty can have over the future of such students, an ethics of
supervision that prevents the abuseofpower through sexual harassment is
required’ (UCG, 2013 : 5, emphasis in original). This is
Shane Kilcommins, Susan Leahy, Kathleen Moore Walsh, and Eimear Spain
that never fully captures all of the relevant exigencies. Nevertheless, and despite these shortcomings, increasing juridification of the crime conflict is helping to overcome the previous ambivalence towards victims of crime.
Juridification of this kind has also been scaffolded by a number of international legal instruments which have also promoted recognition of the needs of victims within criminal justice systems. The United Nations General Assembly, for example, adopted the Declaration of Basic Principles of Justice for Victims of Crime and AbuseofPower in
anthology, El sindicato del crimen:
antología de la poesía dominante (Rabanera 1994), behind whose pseudonym was the experiential poet Felipe Benítez Reyes. The anthology,
which brought together 49 poets pertaining to la experiencia, included an
extremely ironic and self-deprecatory prologue, which made fun of all the
accusations of dominance, abuseofpower and compliance with political
’s death in 1953, the country’s new leader Nikita Khrushchev had set about dismantling his predecessor’s reputation, exposing his brutality and abuseofpower. If this could happen in the Soviet Union, why not in China?
The Cultural Revolution was Mao’s response to this perceived threat to his authority and his legacy. The Chairman argued that in order to counter the possibility of any deviation from the journey towards true socialism – a course to be piloted by the Great Helmsman alone – a programme reforming the thinking of the masses
imprisonment, are counterproductive. In the latter, the offender comes to see himself or herself as the real
victim, and utilises endless mind games by way of denial and neutralisation of guilt
to ward off any insight into their own offending behaviour. Only by a process of
mediation, in which offenders and victims meet to thrash out the abuseofpower
implicit in the offence, and evolve appropriate forms of reparation, can this construction of the offender as victim be confronted and at least partially resolved.
There are certain self-limiting features to restorative
dies in his stead at the guillotine. He goes to his death with the
words, ‘It is a far, far better thing that I do, than I have ever
done; it is a far, far better rest that I go to than I have ever
The novel leaves a major impression of an elemental
sweep of mob violence. Despite the passages inserted about the abuseofpower by the aristocracy to justify the rising of the French people
Explanations of political dissent have always interested social theorists and scientists. According to Aristotle, the principal reason for political dissent was an aspiration to equality, whether political or economic.
Much later, Nicolló Machiavelli had a stab at an explanation in Discorsi,
in which he concluded, on the basis of historical research, that abuseofpower would
[e]xcite in the hearts of the powerless the desire to have power, either in
order to take their revenge on their enemies by taking what they have from
them, or in order to acquire for themselves that
our politics. We would need to
let our ideas and actions be led by more marginalised
people. We would need to work against how racial capitalism divides and stratifies us for profit.
Sexual violence is a pivot for the intersecting sys
tems of heteropatriarchy, racial capitalism and colonialism. And politically white feminism, whether
mainstream or reactionary, fails to interrogate two of
the three. It is complicit with the racial capitalism, and
its colonial and neo-colonial expansion, which frames
violent and sexually violent abusesofpower. Instead
Americans, however, probably the most valued role performed by the Supreme Court is that of defender of civil liberties against majoritarian or governmental power. American political culture places a high value upon individual liberty and freedom from governmental interference. And inasmuch as the Supreme Court is identified as the last line of defence against oppressive officialdom and abuseofpower, it is held to be an indispensable feature of the American political system.
There are numerous celebrated cases in which the Court has played this role. Perhaps most
due process, i.e. it is limited in its scope. It follows,
therefore, for Markovits and Silverstein, that ‘at the core of each scandal
[is] the quest for political power at the expense of due process and procedure.’ (1988: 7). This also means that scandals are political only when
they involve an abuseofpower at the cost of due process, which means
that some, e.g., sex or financial scandals may not in fact be political
scandals even if politicians are involved in them.
An alternative and broader approach is provided by Thompson
(2000), who argues that a scandal is