Capital Punishment Vs Rape Myths of ‘False Allegations’: Rape and Sexual Harassment at Workplaces As Policy ‘Problems’

The recent case of rape and murder of a doctor in Kolkata has once again brought the demands of capital punishment to the forefront of policy ‘solutions’ to the ‘problem’ of rape and sexual harassment at workplaces. In this paper, I contest the effectiveness of the death penalty and urge policymakers to focus on the neglect and silence around the ‘false allegation’ stipulation in sexual harassment and rape policymaking. I follow the “What’s the ‘problem’ represented to be” (WPR) approach, which posits that policies produce specific ‘problems’ and ignore certain others. By studying policy formulations, it is possible to uncover what a policy assumes about its ‘problem’ and how it confines the scope and definition of a ‘problem’ to a set of dominant proposals and knowledges. In the present case I argue that capital punishment as a proposed ‘solution’ feeds into the patriarchal assumption that a raped body (particularly that of a woman), is a ruined or ‘dead’ body. This posits the ‘problem’ to belong to the attribute of being a ‘woman’. Such a formulation neglects the pervasiveness of rape myths – most importantly, the ‘malicious intent’ or ‘false allegation’ myth – a dominant and powerful myth that has serious policy commitment dedicated to it in the Indian context. Such myths reduce epistemic credibility of aggrieved while allotting more credibility to male/masculine subjects. Using data from policy reports such as the National Crime Records Bureau, the sexual harassment of women at workplaces act, court verdicts in cases of sexual assault and media reportage on the issue of ‘false allegations’, I propose that addressing such myths is crucial to policymaking on rape and sexual harassment. Overall, I call for a shift in addressing rape and sexual harassment in policymaking – shifting focus from ‘rape-able’ bodies to rape/harassment myths and cultures.