MR2016 - Multidisciplinary Research Conference hosted by Unique Conference Canada Dr. Vinita Singh Chhetri University of Petroleum and Energy Studies, Dehradun, Uttarakhand, India

1. Dr. Vinita Singh Chhetri
University of Petroleum and
Energy Studies, Dehradun,
Uttarakhand, India

2. • Heteronormativity informs the normativity of daily life,
including institutions, laws and regulations that impact the
sexual and reproductive lives of members of society as
well as the moral imperatives that influence people’s
personal lives. Heteronormativity refers to practices,
norms governing those practices, institutions that uphold
them and effects produced by those norms within
individuals.

3. • Heteronormativity – a term originally coined by Michael
Warner – refers to the ways in which majoritarian society
constructs and reifies the assumption that heterosexuality
is made normal, inevitable, and compulsory – and casts
both non-heterosexual desiring subjects and some forms
of heterosexuality – as marginal and deviant.
Heteronormativity is considered a very abstract concept
by some but it has serious implications for international
development. The term heteronormativity grew out of
“Queer Theory” and is the assumption that
heterosexuality is the norm and any other form of sexual
desire, expression or relationship is ‘abnormal’ or ‘wrong’

4. • For women in India, the normative family model is based
on pre-marital virginity, chastity during marriage, and
motherhood.
• Heteronormativity structures institutions like marriage,
and this produces a set of ideas and ideals about how
sexuality should be organised. Analysing
heteronormativity enables us to see how particular
understandings of sexuality and gender get to be
embedded in and woven through the very fabric of our
institutions and everyday lives in ways that are powerful,
discriminatory and exclusionary.

5. • The central idea behind the notion of hetero-normativity
is that heterosexuality is the norm and that a norm is
something by which the individuals of the society have to
comply with not just to be accepted in the society but also
to be not discriminated against. J. Butler argues that a
hetero-normative culture establishes the coherence and
validity social order in order to perpetuate the norm of
heterosexuality.

6. • The concern of this research is about homophobic and
heteronormative attitude of sub-continent’s patriarchal
mind set which dismisses anything challenging its
hegemonic norms as deviant, ridiculous and unworthy of
serious consideration.
• Heteronormativity for the preservation of mythological
setup of harmonious Indian families and the factors like
domestic violence and divorce within that normative
pattern and rights of women, seems very much
contradictory.
• Whether such harmonious families are existing?
• Whether the rights given to the women are against this
set up?

7. • Violence against women is a serious problem in India.
Overall, one-third of women age 15-49 have experienced
physical violence and about 1 in 10 have experienced
sexual violence. In total, 35 percent have experienced
physical or sexual violence. This figure translates into
millions of women who have suffered, and continue to
suffer, at the hands of husbands and other family
members. NFHS-3 collected information from married
and unmarried women age 15-49 about their experience
of physical and sexual violence. Married women were
also asked about their experience of emotional violence.
NFHS-3 findings underscore the extent and severity of
violence against women in India, especially married
women.

8. • In ancient India, women enjoyed a significant role not
only at home but in the society as a whole. Vedic hymns
are attributed to the woman sages. The dialogue
between Gargi and Yajnavalkya in the Brihadaranyaka
Upanishada reflects the position that women held in
public sphere. The woman was the apostle of the Matrri-
shakti. The kings and the priests always held and
propagated that the prosperity depends upon the respect
that a household shows towards the women and the
Kingdom would be visited by inauspicious events in case
the woman was harassed by the subject.

9. • Violence against women is present across the world
cutting across boundaries of culture, class, education,
income, ethnicity and age. When the violence occurs
within home, the abuse is effectively condoned by the
tacit silence and the indifference by the instruments of
the state and the law-enforcing machinery. Internationally,
one in three women have been beaten, coerced into sex
or abused in their lifetime by a member of her own family.

10. • The World Conference on Human Rights in Vienna
(1993) accepted that the rights of women and girls are
“an inalienable, integral and indivisible part of universal
human rights.” The United Nations General Assembly
adopted the Declaration on the Elimination of Violence
against Women, in December 1993.

11. • The Supreme Court has interpreted the rights under the DVA,
2005 as the rights which may be available prior to the coming
into force of the PWD Act on 26th October, 2006. After
considering the constitutional safeguards under Article 21 of
the Constitution, vis--vis, the provisions of Sections 31 and 33
of the PWD Act, 2005, and after examining the statement of
objects and reasons for the enactment of the PWD Act, 2005,
the Supreme Court held in V.D. Bhanot vs. Savita Bhanot (
Special Leave petition(Crl.) No. 3916 of 2010, decided on
7.2.2012,)that it was with the view of protecting the rights of
women under Articles 14, 15 and 21 of the Constitution that
the Parliament enacted the PWD Act, 2005, in order to provide
for some effective protection of rights guaranteed under the
Constitution to women, who are victims of any kind of violence
occurring within civil remedy to them and therefore the rights
are available even prior to the enactment.

12. • In India, one of the key tools that propagate heteronormativity
is the law of the land itself, more specifically the Indian Penal
Code, 1860 (hereinafter referred to as “the IPC”). Section 377
of the IPC punishes “unnatural offences” with imprisonment for
life or a term which may extend to ten years, and a fine.
However, what qualifies as an “unnatural offence” is rather
vague—the section merely defines it as any voluntary “carnal
intercourse against the order of nature with any man, woman
or animal”, with penetration being sufficient to constitute such
intercourse. Nevertheless, over the years, Indian courts have
interpreted this section to include within its ambit all sexual
acts other than procreative heterosexual intercourse, i.e. all
sexual acts besides penile-vaginal sex. Therefore, while the
law does not explicitly target homosexuals, its interpretation
and implementation has effectively resulted in the legalisation
of heteronormativity in India.

13. • The varying causes which can spark the violence within
the four walls of homes need to be analysed carefully
and a wise study of the factors causing the violence may
prevent a family to suffer from the menace of domestic
violence. The domestic violence may have a wider and
deeper impact in life of the victims. A proper societal-legal
environment has to be built to make the houses safe and
secure for the woman. India cannot prosper by keeping
half of its population under duress.