THE HINDU Editorial Vocabulary- September 28, 2017- Topic 1

Confusing consent

On the Farooqui verdict

In acquitting writer-film-maker Mahmood Farooqui of the charge of rape, the Delhi High Court concluded that it could not be established without reasonable doubt whether the incident took place. The rationale of arriving at such a conclusion may be debatable, but it is the court’s reasoning on the issue of consent that is unsettling. It ruled that even if rape had taken place, it is doubtful that it was without the consent of the American researcher who pressed the charges. 

The court, by and large, accepted her version of events, described her as a stellar witness, and found that vital aspects of her testimony were corroborated. It rejected doubts raised by the defence based on her behaviour after the incident, saying she was only manifesting signs of post-rape trauma and disorientation. At the same time, in saying that the victim’s unwillingness was only in her mind, the judge gave credence to Farooqui’s defence that he was unaware of the lack of consent. When the court raises a doubt as to when exactly the consent was withdrawn, it seems the victim is being faulted for the man failing to comprehend a ‘no’. Requiring a victim to prove that her refusal had been understood by the person who assaulted her is an unreasonable burden. It may aid the use of consent as a defence against a rape charge. Consent, a major ground for defence in rape cases, was allowed to be raised in the appeal although it was not made during the trial, which resulted in the conviction and imprisonment.

The Delhi High Court’s verdict may be largely free of the kind of platitudinous moralising that finds its way into judgments in such cases. But it can be held to account for casual phrasing, which makes it hard to distinguish between its own views and those of the defendant’s counsel in some places. Also for unnecessary and indefensible remarks such as the one about “feeble hesitation”, which it said does not amount to a positive negation of advances. Earlier this month, an order of the Punjab and Haryana High Court suspending the 20-year prison term imposed on students of a private university for gang-rape, and granting bail to them, was notable for its sweeping comments blaming the “degenerative mindset” of youth for the offence. In effect, it sought to shame the victim as one given to casual relationships and adventurism. Judicial decisions containing a mix of sound law and regressive personal opinion are not uncommon. Some blame victims of rape or insinuate that they had brought shame on themselves and their families. When superior court orders contain such remarks, there is an inherent danger that they could be seen as a legal basis for deciding cases of rape. These cases, like any other, must be decided on evidence, and courts should avoid tangential theorising.

Vocabulary

Acquit: free someone from a criminal charge by a verdict of not guilty.

Example: She was acquitted on all counts

Synonyms: clear, exonerate, find innocent, absolve, discharge

Rationale: a set of reasons or a logical basis for a course of action or a particular belief.

Example: He explained the rationale behind the change

Synonyms: reason(s), reasoning, thinking, logic, grounds, sense

Debatable: open to discussion or argument.

Example: It is debatable whether the country is coming out of recession

Synonyms: arguable, disputable, questionable, open to question, controversial

Consent: permission for something to happen or agreement to do something.

Example: No change may be made without the consent of all the partners

Synonyms: agreement, assent, acceptance, approval, approbation

Stellar: relating to a star or stars.

Example: Stellar structure and evolution

Synonyms: astral, sidereal

Testimony: a formal written or spoken statement, especially one given in a court of law.

Example: A strong case, according to this view, includes the testimony of an eyewitness.

Synonyms: evidence, sworn statement, attestation, affidavit, statement

Corroborate: confirm or give support to a statement, theory, or finding.

Example: The witness had corroborated the boy's account of the attack

Synonyms: confirm, verify, endorse, ratify, authenticate, validate

Disorientation: the condition of having lost one's sense of direction.

Example: We walked on into the night, an air of total disorientation descended

Comprehend: include, comprise, or encompass.

Example: A divine order comprehending all men

Synonyms: comprise, include, encompass, embrace, involve, contain

Conviction: a firmly held belief or opinion.

Example: His conviction that the death was no accident

Synonyms: belief, opinion, view, thought, persuasion, idea

Platitudinous: used too often to be interesting or thoughtful; hackneyed.

Example: This may sound platitudinous

Synonyms: hackneyed, overworked, overused, clichéd, banal, trite

Distinguish: recognize or treat someone or something as different.

Example: The child is perfectly capable of distinguishing reality from fantasy

Synonyms: differentiate, tell apart, discriminate between

Shame: a painful feeling of humiliation or distress caused by the consciousness of wrong or foolish behavior.

Example: She was hot with shame

Synonyms: humiliation, mortification, chagrin, ignominy, embarrassment

Inherent: existing in something as a permanent, essential, or characteristic attribute.

Example: Any form of mountaineering has its inherent dangers

Synonyms: intrinsic, innate, immanent, built-in, indwelling, inborn, ingrained

Tangential: diverging from a previous course or line; erratic.

Example: Tangential thoughts