fault in our rape laws

Table of Contents

FAULT IN OUR RAPE LAWS

INTRODUCTION

India with 29 states and 7 union territories, India is known for its varied languages, food, and Bollywood as well as having world’s second largest population and constitution that has been Praised as one of the world’s best. however, one issue arises at this point is the loophole in rape laws. Have you ever asked a girl living alone in an apartment if she feels comfortable or not with rising the number of rape cases in India?

WHAT IS RAPE?

Rape is described as forcing another person to engage in sexual activities without their will or consent and harming their private part. physical violence may be used to carry out this crime. Rape is a serious offence in and of itself. In India 4,05,861 cases of violence against women were recorded. As a girl, I find this sort of information really depressing.

LAW REGARING RAPE

“Section 375 of the IPC (Indian penal code) says”

Defines rape as sexual Intercourse without consent. First and foremost, contrary to her desires, without her permission, and finally with her permission, whether her consent was gained by placing her or someone she cares for in a danger of death or harm.

“SECTION 376 OF IPC (Indian penal code) says”

Punishment for rape. — (1) Whoever, except in the cases provided for in sub-section (2), commits rape, shall be punished with rigorous imprisonment of either description for a term which 1 [shall not be less than ten years, but which may extend to imprisonment for life, and shall also be liable to fine]. [1]

PUNISHMENT FOR RAPIST IN ANOTHER COUNTRY

Rape is punishable in china by death or castration, in north Korea death by firing squad, in Egypt death by hanging and in Norway 4 to 15 years in prison.

ARE RAPE CASE RISING BECAUSE OF THIS?

Indecent attire – we all know our old mindset Indian people and assume that victim might be wearing indecent clothes.
Incorrect evidences: we all know that when there is a rape case investigation, there are people who interchange or misplace evidences which is actually against the law and justice is not done to a lack of evidence.
Gender disparity: If a rape case occurs, we all know that a girl will be at ease discussing the crime with a female police officer. women currently makeup just 7 % of India’s police force[2]. as a result, some women choose not to reveal their cases.
Harsh but true: Women themselves think domestic violence is correct: according to the national family heath survey published on Jan 12 while 52% of women think it is fair for husband to beat his wife, only 42 %of men agree.[3]
Marrying a rape survivor is another reason why rape cases are on the rise in rural India. since the poor have no knowledge of this if a sexual act is committed against our daughter, the rapist will marry if no one else does.
Fast track courts : as we all know after the Nirbhaya gang rape case , a total of 1023 fast rack court were formed to deal with sexual criminals and to resolve pending cases of rape of children and women .However , the grim reality is that there is 2.4 lakh pending cases in court throughout the nation relating to rape and the protection of children from sexual offences (POSCO) Act.[4] In states like Uttar Pradesh , Maharashtra and west Bengal where the highest number of rape cases are pending , not a single fast track court has been created .
Corruption: we also know in many rape cases that if the other person is in the higher position who bribed the police officer will either disclose the case or have eyewitnesses testify in their favour.
Settlement outside of court: The rape suspect or complainant is often asked to resolve the case outside of court, either by bribing them to keep quiet or by threatening them “take case back”
Easy bail availability: same as above we all know that if anyone is in a higher position, they will get bail quickly because of they know a lot of people who come from bad background like goons.

INDIAN CASES

TUKA RAM AND ANR. VS. STATE OF MAHARASHTRA

The rape of a young tribal girl by 2 police officers in a police station in Chandrapur district in 1978 was not found until much later by supreme court. later, the criminal law commission of India amends the Indian rape law as a result of this case.[5]

R V. FUROLL

A 6-year-old girl was raped but did not sustain any injuries. she did however a develop gonorrhoea as a result of this incident. in this case it was determined that the accused had committed rape.

ORTHODOX JUDGMENT

In this case, village elders and a 14-year-old rape survivor’s parents in Bareilly, Uttar Pradesh, married the girl to the man who allegedly raped her and impregnated her in 2017. According to media, the girl’s parent is daily wage employee who cannot afford to care for her and her child.[6] Taking this as an example of rural Indian families and their old mentality, we get to know that her family was improvised and didn’t have much income to raise her children’s expenses. This is noticeable in rural India, where a poor family believes it is the only way to get justice. we already know that rural people still have a mindset that a girl child is a liability to their family. They believe that justice has been done to their daughters as a result of “marrying the rape victim”.

CONCLUSION

Arranging a protection training exercise with everyone. If the police ask for it, you must give them all of your records. to tall publicly of what’s constitute abuse, what constitute good and bad contact for children and so on. And marrying rape victim this thing is totally wrong. We all know that India lacks a proper rape code or law. they are simply attempting to hide themselves behind this judgement. Rather than declaring or imposing judgment such as “hang the rapist” or “death by firing squad” they have decided to “marry the rape victim”. In India rapist penalty is sufficient or effective as it is in china and north Korea?

[1] The Indian penal code, 1860, No.376, Acts of parliament ,1860(India).

[2] Nithya Subramanian, in charts: only 7% of India’s police force is women. This hurts investigations into gender violence, SCROLL.IN (Sept.21,2019,09:00 AM), Only 7% of India’s police force is women. This hurts investigations into gender violence (scroll.in).

[3] Vandana Menon, 52% Indian women think it’s okay for their husbands to beat them. Only 42% men agree, THE PRINT (Jan.18,2018,08:55 AM), 52% Indian women think it’s ok for their husbands to beat them. Only 42% men agree (theprint.in).

[4] Ani, Over 2.4 lakh cases relating to rape and POCSO pending in courts across India: Centre, THE NEW INDIAN EXPRESS(Mar.05,2020,12:11P.M), Over 2.4 lakh cases relating to rape and POCSO pending in courts across India: Centre- The New Indian Express

[5] Tuka ram and anr vs state of Maharashtra, (1979) AIR185(India)

[6] [6] Poorvi Gupta, How India ‘s rape – survivors end up marrying their Rapists, ARTICLE 14, (Aug.25,2020), How India’s Rape-Survivors End Up Marrying Their Rapists (article-14.com)

Author: disha shivnani,
navrachana university