• LAWGIC STRATUM

Rape in India

Author: Saranya S



Source: Google


Sexual violence against women is a common phenomenon in our country. Under sexual assault comes molestation, eve-teasing, child sex abuse, rape, marital rate, domestic violence. Of all these crimes, rape is the most violent crime committed against women. According to section 375 of the Indian Penal Code[1], Rape means unlawful intercourse forced by a man against a woman without her valid consent. After a rape incident, a woman lives a pathetic life, which includes fear, depression, guilt, suicide. In recent times, rape incidents have been increased. According to the statistics, it is true that for every 10 hours, a girl aging 1-10 gets raped in India[2]. It appears that rapists are not scared of the laws that are in practice. Also, there are cases reported where minors and elder women have also been raped. Every day there is a newspaper report showing the rape incidents that occur frequently. In the majority of the rape cases, the rapist is well-known to the victim personally as a friend, a relative, or a neighbor.


Some cases are a rude shock to the humanity, where a five-year innocent girl, being raped by her neighbor. Not only he raped her but also, hurt her internal organs beyond cure. Some cases have come to the light wherein teachers have raped their own students. In India, a rape is reported every 15 minutes, according to recently released official Government crime data, The National Crime Records Bureau (NCRB)[3].


Despite various federal government campaigns such as Beti Bachao Beti Padhao - Educate the daughter, save the daughter. The crime rate per 100000 women increased to 58.8% in 2018 in comparison with 57.9% in 2017[4].


Nirbhaya case (2017-6 SCC 1)


In 2012, the case of young Delhi-based woman Jyoti Singh, christened Nirbhaya (Fearless) by the media. A group of men attacked her and repeatedly raped her on a moving bus. They also mutilated her body and threw her from the bus. As the details of the attack came out, the country erupted with protests. It led to several changes in Indian rape laws in the hope that speed trials and harsher punishments would be possible. But her case took seven years to go through India's judicial system.

Kathua case (No.85/2018)


On 17 January 2018, Asifa, an 8-year-old minor girl, was raped and murdered in Rasana village near Kathua in Jammu and Kashmir. The incident turned into national news when police filed charges against eight men in April 2018. The arrests led to protests by some groups, one of them was attended by two ministers of the Bharatiya Janata Party, both of whom have now resigned.

Hathras Gang Rape Case


The incident took place on 14 September 2020, when the victim, a 19-year-old Dalit girl, went to a farm to collect cattle fodder. Four men - Sandip, Ramu, Lavkush, and Ravi -allegedly dragged her away with her dupatta around the neck, breaking her spinal cord in the process. This incident took place in Hathras, Uttar Pradesh.

Nikita Tomar Murder Case


Recently, a terrifying incident of a 21-year-old student named Nikita Tomar took place in Mewat. She was shot in broad daylight by two men outside the Aggarwal college in Ballabgarh, Faridabad[5]. FIR was filed by her a day before the incident against Tauseef. He has been harassing her and forcing her to convert to Islam.


Apart from these cases, some horrific rape cases have been recorded, in the first half of 2019.

1. A 16-year old girl was gang-raped, for five days in Andhra Pradesh.

2. A 19-year-old girl from Bihar was allegedly gang-raped, by six men in front of her father.

3. A 3year old girl was allegedly raped by her 11-year-old neighbor in Dehradun when the girl's parents were not at home.

4. A 4-year olf girl was raped, in a private school in Punjab.

5. A 16-year-old girl was kidnapped, confined, and raped by three men in Noida for 51 days.

After all these cases, the question arises what causes rape? Why are rape cases increasing at an alarming rate?

The first and foremost cause of increasing rape cases is the lack of public safety. Women are not safe outside their homes and not even safe inside their homes.



Image source: Google


Several cases have been reported, wherein the guilty has committed the crime in the house of the victim. The rapes which are being committed in the moving vehicles raises a question on the effectiveness of the traffic system of our country. According to the Times of India and few convictions, India's court system is painfully slow in convicting the criminal in Rapes. For rapes that do get reported, the conviction rate is 26%[6], and this makes the criminals and rapists think that they can go around freely and rape whosoever they like.

After knowing all the reasons for having the rape, what can be the remedies to the problem?

The dire need of today is to curb this violent crime. The essential step to be taken in this direction is the strengthening of laws dealing with sexual assaults. Secondly, the rapist should be punished, with the death penalty. Thirdly, a women's squad should be formed, in every district which would exclusively deal with the problems of women. Fourthly, fast track courts can be formed, and render justice for rape quickly.

Some NGOs should start the Rape Crisis Centre, where the victim can approach by calling a toll-free number or physically visiting the local centers. Such centers should play a vital role in supporting rape victims to cope up with the psychological trauma and also guide them to obtain legal remedies.


In conclusion, women are wonderful daughters, sisters, wives, and mothers. They should be loved, cared for, respected, and should be protected.

References:

[1] https://indiankanoon.org/doc/623254/ [2]http://www.legalservicesindia.com/article/471/Rape-Laws-In-India-Appropriate-or-not?.html [3]https://www.indiatoday.in/india/story/ncrb-2018-woman-reports-rape-every-15-minutes-in-india-1635924-2020-01-11 [4]https://timesofindia.indiatimes.com/blogs/red-button-day-light/monster-at-home/ [5]https://www.opindia.com/2020/10/nikita-tomars-murder-brings-up-the-crime-by-muslims-in-mewat/ [6]https://www.bbc.com/news/world-50688435

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