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TITLE: Shifting Perspectives, A Comparative Analysis of Sexual Assault Law in

India and Canada

COHORT #13

Gurjit Singh

j0471501

Justice Institute of British Columbia

23FA- Introduction to Criminology

Instructor- Sunny Mangat

October 8,2023
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TITLE: Shifting Perspectives, A Comparative Analysis of Sexual Assault Law in

India and Canada

Introduction

In the past six weeks, I've embarked on a journey of self-reflection, reevaluating my

preconceptions about crime and criminality, particularly in the context of sexual assault

legislation, and comparing Canada and my native India. My viewpoint has evolved

significantly, shaped by my intersectional identities and the theoretical frameworks

introduced in this course.

Analyzing sexual assault legislation in both countries has highlighted the profound

influence of law on societal norms. Canada's 1983 revision of its Sexual Assault statutes,

which abolished marital rape, signifies evolving views on gender equality and consent.

Conversely, India's IPC section 375 still permits marital rape, revealing the persistence of

traditional gender roles and norms.

This juxtaposition has allowed me to explore the intricate interplay between legal

systems, cultural variations, and the development of social norms. Moreover, it prompts

personal reflection, urging individuals to consider their own perspectives and experiences.

It underscores the intricate process through which laws are socially constructed and how

they contribute to shaping our perceptions of crime, justice, and gender equality in complex

and multifaceted ways.

Initial Assumptions
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My Indian heritage significantly shaped my initial perceptions of crime and criminality. As an

Indian male, I believed that despite entrenched patriarchal traditions, the Indian court system was

a staunch advocate for women's rights. These convictions stemmed from my personal experiences,

which exposed me to the intricate dynamics of gender relations and cultural biases in India. Despite

cultural disparities in gender norms, my unwavering faith in the Indian legal system's potential to

protect women's rights was driven by a desire for progress and a more equitable society.

This introspective journey highlights the profound impact of cultural and societal origins

on one's understanding of crime, justice, and gender-related issues. It emphasizes the need to

continually question and challenge our assumptions as we navigate the intricate intersection of law

and society, recognizing the complexity of these matters.

Comparative Analysis

Comparative examination of sexual assault legislation in Canada and India was a key component

of the course. A significant legislative change was made to Canada's sexual assault legislation in

1983, ending the practice of legalizing marital rape. This modification served as a symbol of

Canada's dedication to gender equality and the defense of women's rights. In sharp contrast, India

still allows marital rape in accordance with IPC Section 375.

I was driven to learn more about the social formation of laws as a result of this apparent

discrepancy. I came to see that laws are dynamic creations intricately entwined with a society's

beliefs and conventions rather than fixed things. While India's support of this practice underlined

the reluctance to change that is strongly founded in patriarchal traditions, Canada's choice to

confront marital rape demonstrated that society there is prepared to adjust to new standards.

(Gogoi, 2022)
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Changes in Assumptions

As my training progressed, my once-idealized perception of the Indian judicial system underwent

a significant transformation. The stark disparities in responses to issues like marital rape between

India and Canada forced me to reevaluate my earlier beliefs. Being an Indian man played a pivotal

role in this shift. Additionally, the course introduced me to philosophical and theoretical

perspectives such as feminist criminology, emphasizing the importance of considering gender

dynamics in crime analysis. The concept of intersectionality further highlighted the complexity of

identity and its influence on people's perspectives on crime and the judicial system.

(Crenshaw,1991)

These frameworks prompted me to critically reassess my prior views, leading to a more

profound exploration of the subject.

Personal Experiences and Positionality

Personal experiences have played a pivotal role in reshaping my perspectives on gender issues and

the legal systems in India and Canada. In my native India, as an Indian man, I have witnessed

subtle yet pervasive examples of gender discrimination in both the workplace and everyday life.

Instances of unequal pay for women in similar job roles and reports of workplace harassment and

gender-based discrimination have left me questioning the efficacy of India's legal system in

addressing these pressing concerns.

However, my viewpoint underwent a significant transformation when I immigrated to

Canada. My time working at KFC was a realization, as I observed a stark contrast to my

experiences in India. In Canada, employees, regardless of gender, received equal pay for identical
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job roles, and women held positions at all levels, from team members to supervisors, reflecting a

strong commitment to gender equality and diversity within the company.

Furthermore, as a college student in Canada, I noticed a profound emphasis on gender

equality and inclusivity. The diverse classrooms and curriculum that addressed gender-related

issues fostered an environment where all students felt valued and respected, irrespective of their

gender.

These tangible experiences in Canadian workplaces and educational institutions provided

concrete evidence of a society actively promoting gender equality, challenging my earlier

perceptions and compelling me to reconsider how different legal systems and cultural norms can

significantly influence gender dynamics and issues in distinct ways.

Theoretical and Conceptual Frameworks

The course's exploration of various theoretical frameworks, including sociology, gender studies,

and legal studies, has deepened my understanding of crime and criminality. (Conklin, 2022)

Through the lens of intersectionality theory, I've analyzed personal experiences in India

and Canada, examining how diverse aspects of identity intersect to shape individuals' encounters

with gender bias. Additionally, feminist theory has shed light on structural factors contributing to

these disparities, emphasizing the role of legal systems in driving social change. The tension

between cultural relativism and universalism prompts reflection on whether these differences in

addressing gender issues are culturally rooted or connected to universal principles of gender

equality. Moreover, the impact of socialization and cultural norms on individuals' attitudes and

behaviors regarding gender discrimination and equality highlights the intricate nature of these

issues within diverse cultural contexts.

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Conclusion

This self-reflection journey has been genuinely transformational. In conclusion, I would say that

during this time my perspectives have changed dramatically. My growing opinions have been

greatly influenced by my own experiences and intersecting identities as an Indian American male.

I was exposed to a more progressive judicial system after moving to Canada, which made me

wonder why I had previously supported the status quo in India. The theoretical frameworks

investigated in this course have enriched my knowledge of crime and criminality and motivated

me to critically assess both legal systems.

My resolve to push for change has been rekindled by this life-changing event, especially in

my own country where the legal system does not effectively safeguard women's rights. As I

continue to investigate the complexities of crime and criminality, I am committed to helping to

establish more just and equitable legal systems in both India and Canada.
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References / Works cited

1. Stamarski, C.S. and Son Hing, L.S. (2015) Gender inequalities in the workplace: The

effects of organizational structures, processes, practices, and decision makers’ sexism,

Frontiers.Available at: https://www.frontiersin.org/articles/10.3389/fpsyg.2015.01400/full

(Accessed: 02

October 2023).

2. Gogoi , S. (2022) Consent matters: A comparative study of rape laws in India, UK and

Canada, International Journal of Law Management & Humanities. Available at:

https://www.ijlmh.com/paper/consent-matters-a-comparative-study-of-rape-laws-inindia-

uk-and-canada/# (Accessed: 02 October 2023).

3. Conklin, A. (2022) definition of criminology, its history and its theory., Study.com.

Available at: https://study.com/academy/lesson/what-is-criminology-definition-

historytheories.html (Accessed: 02 October 2023).