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This article discusses the offence of rape in indian context and the current rape laws in india. This article is written by Abivarthan.M, a 2nd year law student from Tamilnadu Dr. Ambedkar Law University.
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| offence of rape in india |
ABSTRACT :-
“ Rape is the only crime in which the victim become the accused ’’
An Offence of Rape is a serious of crime involving His/her Sexual intercourse or Sexual Assault of another person without His/her’s consent, or forced to do of Sexual Practices. It is considered to be very serious of an Offence not only in India but all parts of the world. The punishable of an Offence of Rapist is very feeble in India. An Offence of Rape is affected not only women alone but men also affected in some cases. But in Indian laws stated that Offence of Rape is affected by women alone as mention in the section 375 of The Indian Penal Code. In this essay I briefly explained that Types of rapes practices in India, punishment of Rapist in India, Offence of Sexual Harassment against the women’s and children in India, Mood of Rapist, The statistical report of Rape in India, The vulnerability and losses of Raped families etc…
Keywords : sexual intercourse, consent, forced, punishable, Rapist, feeble
Introduction :
“ Rape is the only crime in which the victim becomes the accused ’’
An Offence of Rape is a serious of crime involving His/her sexual intercourse or sexual assault of another person without His/her’s consent or forced to do of sexual practices. It is considered to be very serious of an offence in India. In simple words , Rape is the Rapist involving in the activities of sexual abuse or sexual harassment without consent of raped person. Now a days offence of Rape is increasing very higher due to increasing technology & population. I briefly explain the legal solutions for increasing the crime & offence of Rape.
Types of Rape in India :
There are several types of an Offence of Rape committed by the Rapist all over the world. List of some types of Rape practices in India. They are
- Gang Rape
- Spousal Rape
- Rape of Children
- Statutory Rape
Gang Rape :
Gang Rape is an offence that committed a Rape of single victim by a group of members or many members. Usually this type of Rape is committed by two or more violators (usually at least three). This type of Rape is occur in many parts of the world. Moreover Gang Rape is involved more alcohol and other drug use, night attacks and severe sexual assault outcomes. One of the more cruel & terrible Gang Rape case in India is Nirbhaya’s case.
Spousal Rape :
Spousal Rape is the Rape between a married or de facto couple without one spouse’s consent or forced to do of sexual practices. It is also known as Marital Rape, Wife Rape, Husband Rape, Partner Rape or Intimate Partner Sexual Assault (IPSA). Spousal Rape is said to be domestic violence and sexual Rape. Some research has said that often times Women do not believe that non-consensual sexual acts within a marriage constitutes as Rape.
Rape of Children :
Rape of a child is a form of child sexual abuse or sexual harassment. When a one child is committed a rape by another child ( usually older or stronger) or adolescent, it is called as child-on-child sexual abuse. When the child Rape is committed by a parent or other close Relatives such as grand parents, aunts and uncles, it is also incest and can result in serious and long- term psychological Trauma. The statistical Report states that usually the child Rape is committed mostly by their child’s own parents or relatives or neighbourhood. Example of child rape case in India is KATHUA RAPE CASE.
Statutory Rape :
Statutory Rape is the Rape that government citing an interest in protecting “ Young People’’ ( variously defined but sometimes synonymous with minors ) from sexual exploitation. The Minimum age is required to which the individuals are considered competent to give consent, called the age of consent. The Statutory Rape is legally permitted in some parts of the country in India.
Punishments of Rape in India :
The Indian Penal Code (IPC) clearly explains the punishment of Rape (section 376) committed by an ordinary person is punished with rigorous imprisonment of either description for a term which not be less than ten years, but which may extend to imprisonment for life, and shall also be liable to fine. The Indian Penal Code briefly explains the punishment of Rape if police officers, public servants, Military person is committed.
Section 376(A) of IPC states that punishment for causing death or resulting in persistent vegetative state of victim. The Rapist person can be punished with rigorous imprisonment for a term which shall not be less than twenty 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 376A- (B) of IPC states that punishment for Rape on Woman under twelve years of age.
Section 376 B of IPC states that punishment of sexual intercourse by husband upon his wife during separation.
Section 376 C of IPC states that punishment of sexual intercourse by a person in authority.
Section 376 D of IPC states that punishment of Gang Rape committed by the Rapists.
Section 376 D-(A) of IPC states that punishment for Gang Rape on Women under sixteen years of age.
Section 376 D-(B) of IPC states that punishment for Gang Rape on Women under twelve years of age.
Section 376 E of IPC states that punishment for Repeat offenders.
Men also affected for an Offence of Rape in India :
The mindset is that boys are not Raped, India ends silence on male sex abuse. Major Survey commissioned and finds evidence many Indian Men may suffered child abuse. An online survey of 160 Indian Men showed that 71% of Respondents had been sexually abused as children . The Indian Laws stated the idea that men can be sodomised but not Raped. As per the Section 375 of the Indian Penal Code ( IPC) stands, Rape is something that only a man can do to a women. There is no room for adult Male victims, much less female perpetrators. Although child survivors of both sexes are covered by the Protection of Children from Sexual Offences Act 2012, current Rape laws leave out a large swathe of Male victims, who cannot come forward for fear of Stigma and a lack of legal recourse. So Indian law should recognise that Men can be Raped too .
Statistical Report of Rape in India :
According to India’s National Crime Records Bureau ( NCRB ) Stated that around 100 Sexual Assault are reported to police everyday. Shocking though that is, the actual number of attacks is for higher, with a government survey finding that 99.1% of sexual violence cases go unreported, often due to pressure from family members . The Statistical Report said that over 30,000 Rape Cases are still pending and the justice for Victims is question marked. In 2016, of the 3.38 lakhs crime cases against Women, Rape cases made up 11.5% of them. But with only 1 in 4 Rape Cases ending up in conviction it’s painfully slow road to justice for Rape Victims in the country. The National Crime Records Bureau ( NCRB ) has Release the more horrifying statistic Report to share – every 20 Minutes , a Women is Raped somewhere in India . The crimes against the Women is increasing every year.
Protection Of Children from Sexual Offences ( POCSO ) Act :
Our Prime Minister has approved and proposal for Amendment in the Protection Of Children from Sexual Offences ( POCSO ) Act, 2012 to make punishment more stringent and higher for committing sexual crimes against the children.
The POSCO Act, 2012 was enacted to protect the children from offences of Sexual Assault, Sexual Harassment and Pornography with due regard for safeguarding the interest and well- being of children. The Act defines a child as any person below eighteen years of age, and regards the best interests and welfare of the child as matter of paramount importance at every stage, to ensure the healthy physical, emotional, intellectual and social development of the child. The act is gender neutral.
The amendment in section-4, section-5, section-6, section-9, section-14, 15 & 42 of Protection of Children from Sexual Offences ( POCSO ) Act, 2012, is made to address the aspects of child sexual abuse in appropriate manner. The modification is made to address the need for stringent measures required to deter the rising trend of child sex abuse in the country.
To discourage the trend of child sexual abuse by acting as a deterrent section 4, 5 & 6 are proposed to be amended to provide option of stringent punishment, including death penalty, for committing aggravated penetrative sexual assault crime on a child to protect the children from Sexual abuse.
The amendments are also proposed in section-9 to protect children from sexual offences in times of natural calamities and disasters and in cases where children are administered, in any way, any hormone or any chemical substance, to attains early sexual maturity for the purpose of penetrative sexual assault.
Benefits of POCSO Act :
The amendment is expected to discourage the activities of child sexual abuse and sexual harassment by acting as a deterrent due to strong penal provisions incorporated in the Act. It may protect the interest of innocent children in times of distress and ensures their safety and dignity. The main objectives of the amendment of this act to establish the clarity regarding the aspects of child abuse and increase the punishment .
Mental Health of Rapists :
There is an very urgent need for development of methods of assessment and control of management of sex offenders ( Rapists, Child Sex Offenders, Other Sexual Offenders and Murderers ) to promote a society wide battle against the encourage of sexual offences in India. Forensic Psychiatrist generally says the mental health of Rapist may cause Neurobiological impairments, psychiatric disorders, Intimacy/attachment Problems, cognitive distortions. The Mental Health of Rapists are always depressed mind, short temper mind, emotional mind, and uncontrollable mind. There are different types of Rapist committed Sexual Offences for different motives. They are
• Opportunistic Rapist
• Anger Rapist
• Sexual Rapist
• Sexually non Sadistic Rapist
• Sexually Sadistic Rapist
• Vindictive Rapist
Reason for an Offence of Rape is Increased in India :
The Lack of efficiency of the Police and judicial system and curbing of bestial masculinity is reason for Increased of an Offence of Rape . Here are some of reasons which increasing the Rape rate in India.
- Lack of Sex Education
- Acceptance of Domestic Brutality
- Psychological Rationale
- Lethargic Court System
- Marriage being a Solution
- Lacking Self defense
After the NIRBHAYA’S CASE, nothing has changed
Rape is still an issue and that too now with its own capital – New Delhi where the crime Rate for Rapes is highest across the India.
1. Lack Of Sex Education :
India is still a nation where sex education is Taboo in the sight of society. It’s a subject which is considered to be something which should be discussed in person. Lack of sex education at the School level or at the Family level is the foremost causes of an Offence of Rape. Teenagers curious about the changes taking place in their bodies and in order to know about all this, they trend to resort to the unethical ways that generate their desires at the right time. Thus lack of Sex education to young youths resulting in causing a crime of Rape.
2. Acceptance Of domestic brutality :
Indian society is basically a patriarchal society in which men dominate women whenever they can. Marital Rape is also an issue when we talk about rapes in India. Marital Rape is the Rape that husband can forcefully his wife to do sexual intercourse, if she have will or not. Our culture teaches women can respect what her husband says , so Husband can forcefully Rape his wife without her consent. Our Indian Penal Code (IPC) states that if the husband can rape his wife without her consent under the age of 15 is considered as Rape under section 375 of IPC. This directly gives husband courage to rape his wife.
3. Psychological Rationale :
People of India always give Importance to western culture, though our culture is wonderful. We always adapt western culture, so our dressing sense of Indian Girls also changing like a western dressing styles. In Indian Society a dress code of the girl is determines the girl’s character. A dress code cannot define the character of a girl or women that she is interested in having sex or not. It’s just a typical psychology or mentality which is also one of the reasons for increasing Rape case in India which blames the clothing which is provocative to the rapists.
4. Lethargic Court System :
Nirbhaya’s case was the fast track procedure which too took more than two years for the final verdict. There are many cases which are pending or have the discontent verdicts. This is the reason why people take this crime as a casual practice to serve their own physical desires. The pendency of cases is due to the least availability of the judges. Thus, an inadequate number of judges and lenient judiciary system is also the reason for increasing Rape cases in India.
5. Marriage Being a Solution :
In India most of the regions , if a girl is Raped by some men then they tend to compromise to get her married to her own rapist. This gives rise to the evil people who use these tactics to marry a girl of their own choice when love marriage is not an option for them. This is usually practices in rural areas in India. Rape is a matter of shame for the families of victims and therefore, they choose to quiet and compromise rather than asking judiciary help because of two reasons :-
• Afraid of the popularity and publicity approaches of Medias
• Slow Judiciary Procedures.
6. Lacking in Self- Defense :
90% of the Indian Females even don’t know the Self- defense techniques which may enable them of the fight against the evils. Though Indian Government started various schemes to train females. Still 60% of the Indian Families did not benefit from this scheme.
7. Misuse of Technology increasing an offence of Rape :
Misuse of Technology helps the Sexual offenders to do sexual assault or sexual abuse. The vast amount of information available online can compromise survivors privacy. Survivors can access technology tools that help increase privacy and safety, and online spaces can support survivors healing. In majority of the cases of sexual assault, sex offenders are known to the survivor. As technology becomes woven into every aspect of society, offenders are able to misuse the technology in those settings to perpetrate sexual assault, to cover it up. Online spaces amplify existing attitudes and beliefs, and so can support Rape culture through memes, viral posts, revenge porn sites etc. At the same time, online advocacy and activism efforts have used online spaces to Counter rape culture through awareness, events, bystander intervention and more.
Conclusion :
I would conclude that sexual violence is threatening the nation peace and security. Sexual assault or sexual violence leads to the impact the whole society and nation. Many women and children lose their health, livelihood, husbands, families and support networks as a result of Rape. Until the Rapist change their attitude and mind, the crime of Rape is would not control, Though the punishment is higher. Stop Sexual violence and lead our nation peace and prosperity .
Reference :-
Websites :
• www.wikipedia.com
• www.legalserviceindia.com
• www.theguardian.com
• www.ccs.in
• www.ipsnews.net
• www.timesofindia.indiantimes.com
• www.pib.gov.in
• www.ncbi.nlm.gov.com
• www.hindustantimes.com
• www.legodesk.com
• www.techsafety.org
7. Literatures :
Bare Acts :-
The Indian Penal Code, 1860
The POCSO Act, 2012
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