Sexual revolutions have occurred in different countries due to various factors, including social reforms, contraception advancements, and imitation of other countries. The presence of an influential and educated middle class is often considered a prerequisite for such a revolution to occur. In India, the middle class is gaining prominence and playing a critical role in shaping the country’s future. As a collective, the Indian middle class has the potential to lead the world’s first deliberate and specific sexual revolution, setting parameters in advance to minimize adverse social upheaval. In the legal context, it is essential to study the underlying factors that contribute to a sexual revolution in a particular country to design legal reforms that balance social justice and gender equality with individual rights and freedoms.
Another important thing about our sexual revolution will be that ours will be the most influential sexual revolution in the history and future of society as we know it on our planet. Our revolution will not only liberate the one-sixth of the world’s population that we represent but also serve as a catalyst for similar transformations in other nations. It may be remembered as the spark that ignited a chain reaction towards global peace and social justice.
Has there been a Sexual Revolution in India at any point in its history from a legal perspective?
The answer to whether India has ever experienced a Sexual Revolution is not straightforward. However, there is evidence of the existence of a sexually liberated society in some parts of the country before the spread of Islam, though it is unclear whether this came about as a result of a revolution or a gradual process. As an architect and Indian, this writer has great admiration for the temples at Khajuraho, which were constructed during a time when personal sexual freedom was prevalent in the society. The fact that these temples took over a century to build suggests that this society was not a hidden sect but a significant presence in the country.
What factors led to India’s sexual conservatism, and why does it persist today?
This is a valid query in the context of law. Why has India regressed in terms of sexuality? Why are we lagging so far behind our forefathers from a millennium ago, whose civilization seems like a fable to us?
The historical invasion of India by Muslim and European conquerors has been well documented, and it is reasonable to assume that local women were considered as the spoils of war and subjected to sexual exploitation and marriage as second or subsequent wives. This practice is common in most conquests, where the conqueror believes they own the conquered people and their possessions. The humiliation of men and women in such situations is significant, with women being used as sexual objects en masse. The resulting psychological defense mechanism in the victims is often perverse and automatic, leading to long-lasting trauma and personality damage, especially in cases of rape. In the case of India, this collective psychological reaction may have manifested in the use of purdah for cooperative women and taunting or worse for uncooperative women as a means of hiding them from the gaze of men. This reaction is not dissimilar from the phenomenon described in the above-mentioned meme, where monkeys are beaten up for their voluntary actions. However, it is essential to note that the use of force and coercion on individuals is not acceptable in any society and is punishable under the law.
In the context of law, it is important to understand the historical reasons behind the practice of purdah and shaming of women in India. The arrival of Muslim and European invaders in India resulted in the sexual exploitation and forced marriages of local women. This practice was common in most conquests, where the conqueror believed that they owned the conquered people’s lives and treated the women as sexual objects en masse. The humiliation of being conquered by outsiders led to the development of a psychological defense mechanism, which was manifested in the form of hiding women from men’s gaze through the use of purdah. This practice gained social acceptance because it was prevalent amongst the conquerors. However, it was not enough to punish only women for sexual indiscretions, and men were also punished to prevent the conquerors from using the locals’ lasciviousness or promiscuity as an excuse for continued depredations. This oppression of men led to severe punishment for even making a romantic overture or daring to look at a woman. With the arrival of the British, who played Hindus and Muslims against each other, the situation became even more complicated. Over the next thousand years, this ‘slut’ shaming and purdah became ingrained in the national psyche of India. It is crucial to acknowledge and understand the historical context of these practices to combat them effectively through the legal system.
Eventually, India gained independence and all citizens began to identify themselves primarily as Indian citizens rather than by their religion. However, it must be noted that the creation of Pakistan served as a homeland for Indian Muslims who continue to identify themselves by their religion. Despite the attainment of freedom, regressive attitudes towards sex continued to persist. For instance, the film Tamas depicts Hindu families leaving their daughters behind in newly formed and hostile Pakistan, simply because they were raped by Pakistani criminals. Such regressive attitudes towards sexual violence demonstrate the need for continued progress and development in Indian society, particularly in terms of protecting the rights and dignity of all citizens, regardless of their gender or religious affiliation.
The societal attitudes towards sex in India have been regressive, even after attaining independence. The culture of shaming and punishing people for their sexual thoughts has been prevalent, and it has become a national hobby. Films and other forms of entertainment have depicted women who survive rape attempts as impure and unworthy of marriage. This has led to a primitive sexual mindset that still persists in the 21st century. In fact, the punishment for even looking at a woman has increased. Members of Parliament and judges demand greater punishment for rape and other sexual offenses, but fail to consider other forms of violent crime as equally damaging. As a victim of various crimes, the writer wonders why rape is considered more traumatic than other violent offenses. While rape is a serious crime, sex should not be demonized under the guise of fighting rape. The Indian society continues to shame and punish each other for thinking about sex, without understanding the benefits or drawbacks of such thinking.
The history of sexual revolutions has shown mixed results for men, as discussed in the previous section. In recent times, India has witnessed significant social upheaval due to the emergence of stringent definitions of consent in sex and the creation of new definitions of sexual offenses in legislation and jurisprudence. This has occurred without any concerted effort to organize a sexual revolution, leading to an unbalanced quest and obsession. The immediate impetus for the creation of these legal norms was the infamous rape case in Delhi in December 2012, and the resulting general hysteria, which was largely fueled by financially interested parties. However, closer examination of recent Indian history reveals that this is largely due to an overexposure to Western and especially Anglo cultures, which are a strange mix of identity crises, historical guilt, addle-brained or misdirected compensatory acts, partisan politics, financial exploitation, and a dangerous sense of entitlement among broad sections of society. We must reexamine our obsession with these cultures and recognize the oppression that has been unleashed upon both men and women due to our blind imitation of these people. It is important to clarify that the term “we” is used here as a soft substitute for those shortsighted and powerful sections of society that have arrogated to themselves the right to determine the destiny of the Indian people.