‘The Body on the Threshold: Histories of Rape in Colonial North India’ analyzes political, judicial, and diplomatic records of sexual violence in the modern Indian provinces of Delhi, Punjab, Haryana, and Uttar Pradesh from roughly 1820 onward. I explore these colonial archives to reappraise the problem of rape in modern India and how it has come to be conceived and misconceived spatially.
With the colonial emergence of India’s contemporary legal and penal system, I argue, a new criminal law of rape transformed public space—local roads, forests, village fields and pastures, railway carriages, and town streets—into constitutively dangerous and exclusionary space, about which a perverse cultural and political consensus prevailed that nothing could be done except that women and girls fear and avoid such space when possible. This notorious and longstanding exclusionary injunction upon mobilities and freedoms in modern Indian social life is a gendered common-sense, and structuring of the commons, that I aim to defamiliarize.
As a new, ostensibly ‘decolonized’ criminal code with a restructured rape law comes into force in India this year, I offer a cautionary obituary for the law it replaced, and the past India seeks to leave behind.Bringing a combination of spatial, socio-legal, and micro-historical approaches to bear upon colonial judicial archives, I work tangentially to their central object: the criminal court proceeding. To explore how the jurispathic incentives of colonial criminal law engendered unsafe public environments, I work to pull the concept of rape out of the silo imposed by these court proceedings, which reflect the epistemic distortions of a regime that narrowly prioritized punishing only brutally violent rape upon victims below the age of consent—setting evidentiary precedents that affected the governing of rape in much of the British Empire.
Employing sources such as crime reports, police handbooks, diplomatic letters, and native newspapers, I focus on instances of what might be referred to today as ‘stranger rape’: rape committed in ‘public’, often brazenly, at the margins of political conflicts over sovereign power and direct rule, such as border wars, princely revolts, and cattle-smuggling feuds. I recruit histories of short-distance migration and the public/private circulation of women within the marriage system, among others, to counter assumptions about South Asian women’s inherent immobility and seclusion.
I also index emerging procedural and forensic technologies of the colonized Indian body politic—which reinforced an understanding of rape survivors as unreliable, and of most rape accusations as fabricated—to local ideas about public safety and state responsibility, which were often premised on caste-differentiated and retributive ethics of justice. I trace how pre-colonial practices of social exclusion, scapegoating, and outcasting—and the complex dispute-resolution systems that mandated such punishments—were absorbed into an ecology of colonial violence and territorial occupation, attempting to emplace the evolving meaning of rape within broader transformations in politics and social life under colonialism. I argue that the authority to sanction rape—to both punish and prescribe—became foundational to jurisdictional and territorial conflicts between propertied castes, local power-holders, and functionaries of the British Indian colonial state.
| Identifer | oai:union.ndltd.org:columbia.edu/oai:academiccommons.columbia.edu:10.7916/kv5m-7g13 |
| Date | January 2024 |
| Creators | Shenoy, Niyati |
| Source Sets | Columbia University |
| Language | English |
| Detected Language | English |
| Type | Theses |
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