RAPES IN INDIA
Author: Diksha Nautiyal, III year of B.A. L.LB from Law college Dehradun
Rape, generally is a terrifying word in itself. In India, it is one of the most common criminal activities. So a terrifying and shameful act that destroys the entire psychology. The word rape has been derived from the Latin word ‘rapio which means to take away. By force indulge in an activity without the consent of another. In ancient times, a daughter or mother was treated like a goddess. But nowadays the rape cases are increasing daily. This concept vanishes nowadays. This is an exhaustive act that cannot be defined in a single definition. To make clear the concept of rape it is important to introduce another concept which is sexual harassment. In the judgement of a landmark case Vishakha and other vs. State of Rajasthan
In this case, Supreme Court laid out a certain point against sexual harassment-
Physical contact and advances
Any demand for sexual favours
Any remarks on a body that is sexually coloured
Showing off pornography
Any other forcible physical, verbal or non-verbal conduct of sexual nature.
In this case, the Supreme Court held that sexual harassment is a violation of fundamental rights. Article 14, 15, 19 (1) g, 21 are being violated by sexual assault.
Provisions regarding rape laws in India
There are so many provisions in different acts for rape- Section375, 376A, 376B, 376C and 376D of Indian Penal code 1860. Section 53 (1) (4) , 164 A(5) ,327 (2) 6 of Code of Criminal Procedure .Section114-A(3) of Indian Evidence Act.
The term rape has been legally defined under section 375 of Indian penal code 1860 when a man commits a rape when there has been sexual intercourse with a woman. In the following circumstances:-
First – Against her will
Second - Without obtaining her consent
Third - When the consent has been obtained, that consent must not be done by putting the person in fear of death
Fourth – When the consent has been obtained fraudulently by promising her to be her future husband
Fifth – When the consent is given by a person who is of unsound mind or intoxicated or unable to understand the nature and consequences of that to which she gives consent
Sixth – With or without her consent, when she is under sixteen years of age
Seventh – When she is unable to communicate consent
If any of these circumstances occur, rape is said to be committed
Section 376 of IPC 1860 defines the concept of punishment of rape which is imprisonment of not less than 7 years or which may extend to imprisonment for life and shall also be liable to fine.
Section 376 A mentions punishment of causing death or resulting in a persistent vegetative state of victims. This shall not be less than 20 years, but which may extend to imprisonment for life, which shall mean imprisonment for the remainder of that person’s natural life, or with death.
Section 376B mentions sexual intercourse by a husband upon his wife during separation. This shall not be less than 2 years, but which may extend to 7 years, and shall also be liable to fine.
Section 376C defines sexual intercourse by a person in authority; this shall not be less than 5 years but which may extend to 10 years and also liable for fine.
Section 376 D states when there has been any gang rape, punishment for the same shall be not less than or 20 years of imprisonment which may extend to life imprisonment and fine.
Section 376 E punishments for repeat offenders
Section 228 A (2) of IPC disclosure of the identity of the victim of certain offences etc.
Do women feel safe in India?
There are so many rape cases that are increasing daily. In India, not a single day passes without the hearing rape case. India is a country of billions out of which 48% are women but it is still unsafe. According to the NATIONAL CRIME RECORDS BUREAU, the total number of rape cases are 33,356 were reported.
India out of which 93.9% of the cases were held to be appropriate. With the increasing number of rape cases, the question again came to our mind that do women’s are safe in India.
Less number of female police can be one of the most important reasons for rape in India because whenever a woman is raped she is more likely to report a case to a female officer and not to a male officer.
Accepting domestic violence – Indian society sees domestic violence as something deserving. In UNICEF reports it is found that 57% of Indian boys and 53% of them say that the beating of a wife is justified.
Discouragement of rape victims to compromise - In an Indian society is not ready to accept that someone in the family is raped and they advised the victims to stay away from it. This is the main reason that so many cases are not even registered.
To conduct a session of safety tips for everyone
To create awareness among people what is a rape good touch and bad touch for kids
To trained the women or girls in martial art
In Indian society, the victim which is raped faces so many difficulties in daily life the continuously questions are asked to victims but the person who committed that crime has asked not a single question there is inequality in the society. There is a huge difference between boys and girls so we should create awareness among them. Told them about what is right and wrong. There are more laws are to be framed by judicial authorities and speedy trials are taking place for the victim
Vishaka vs. the State of Rajasthan - In this case, the supreme court recognized the concept of sexual harassment and safety measures are given to women in the workplace.
Nirbhaya case – It is a landmark case of 2013. In this, all accused were convicted except minor sent to reform for 3yrs. Supreme Court mentions the punishments of rape included a minimum of 20 years of imprisonment and death in extreme situations.
Tukaram and another v. State of Maharashtra
Premchand v. State of Haryana
Judiciary plays a very important role in finding a proper solution to rape cases. There are so many laws that are made but more laws are needed to be amended. Nowadays everyone is trying to bring into light the saddening part of Indian society and their approach towards rape. More strict laws are made and speedy trials should take place so that the victim gets some relief and quick and prompt decisions should take place.