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12-Jul-2017 22:10

Days after the launch of the movie “50 Shades of Grey” the world over, where BDSM (Bondage, Discipline, Sadism and Masochism) erotic practices are shown – a movie and a story where women are depicted akin to sex slaves to a rich handsome guy, we have in India and the world, a controversy about a documentary “India’s Daughter”.

A documentary on a young girl who was brutally raped and left to die on the road along with her friend.

This documentary, which hinges on the testimony of one of the rapists – shot without his consent or knowledge – and arguments from his Defense lawyers, viewers are left without any idea of what the prosecution thinks or what the victim’s friend – himself a victim that night – thought of it?

Such is the weight and halo given to the rapist’s rather gruesome testimony with detailed graphic content of how she was raped and killed, that many this writer has interacted with, believe that rapist’s version was the correct version of the events that night!

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Pandey says, “A controversy was created unnecessarily and was sensationalised.

This is a statutory exception under Art 10(2) which allows for derogations on the basis of protecting the rights and freedoms of others.

This means the names of victims of rape or sexual assault cannot be reported by the media.

Both these experiences, of rape victims and media intrusions on their privacy, are compatible with the arguments made by Kennedy and Benedict that rape is still too misunderstood by society to leave victims with no protection against the existing stigmatism.

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The UK law, which allows an exception to the media’s Art 10 right to free speech, recognises that the potential for unnecessary harm to the character and emotions of the victim outweighs the benefits which denying Art 8 rights to privacy would achieve.

That the rapist blames the raped – which is shown in sickening detail in the movie – is somehow characterized in the media as a decidedly “Indian – and by extension, a Hindu – Problem”.