analysis of problem of rape in India
Sexual harassment is nothing but the showcasing of male dominance. Given an opportunity , such men (those committing sexual harassment) would try fulfilling their desire. However, it also not true that every one cases of harassment are such- where the accused is guilty of conceiving the intention of a sexuality . But it also depends on each individual case and circumstances, because it's visiting preferably be the case that the woman also can be guilty .
The question isn't whether women have the right to bodily integrity, as this right is already adumbrated under Article.21 of the Constitution of India. Article.21, which guarantees the right to life and liberty to men and ladies both alike- but whether it's really imperative to want a decisive step towards extirpating this evil and make the contemporary and future society a secure haven for girls .
According to the official statistics of 1991, one woman is molested every 26 minutes. These statistics ask the reported cases. Whereas, if the unreported cases were to be included, it would be a matter of seconds- rather than minutes. investigation of Most cases aren't reported by victims thanks to various reasons like family pressures, the way of the police, the unreasonably long and unjust process and application of law; and therefore the resulting consequences thereof.
Rape is a persuasive problem in societies around the world. India is well on its way to being the rape capital of the world. For women across India, fear is a constant companion and rape is the stranger they may have to confront at every corner, any road, any public place, at any hour. Rape is a growing problem in today's society and it is becoming increasingly difficult to ignore the startling statistics about this crime. This is becoming the fastest growing crime in India. According to latest data of 2018, India stands third in the world when it comes to rape cases.
Sexual violence, particularly rape is a global problem that does not spare any socioeconomic group or culture, especially among adolescents and young adults. Sexual assault is a neglected public health issue in most of the developing countries. The word ‘rape’ has come from Latin word ‘rapio’ which means ‘to seize’. The offence of rape in its simplest term is “the ravishment of a woman, without her consent, by force, fear or fraud”, or as “carnal knowledge of a woman, by force against her will”. Basically, Rape is the carnal knowledge of any woman above the age of particular years, against her will; or of a woman child, under that age, with or against her will.
Delhi is a place where these incidents have found to be occurring in a lob-sided manner when compared to other parts of India. That is why Delhi leading to be called the rape capital of India. Delhi city accounts for the largest number of incidences of rape in the country. According to a recent report of January 2018, New Delhi had more than five rape cases reported on an average every day last year, and in most incidents the accused was known to the victim, according to Delhi Police data.
The crimes under the Indian Penal Code (IPC)
Rape (Sec. 376 IPC) –
As per section 34 IPC:
“Acts done by several persons in furtherance of common intention:
Assault on women with intent to outrage her modesty (Sec. 354 IPC)
Section 509 - Word, gesture or act intended to insult the modesty of a woman.
Rape is especially stigmatizing in cultures with strong customs and taboos regarding sex and sexuality. For example, a rape victim (especially one who was previously a virgin) may be viewed by society as being "damaged." Victims in these cultures may suffer isolation, be disowned by friends and family, be prohibited from marrying, be divorced if already married, or even killed. This phenomenon is known as secondary victimization. Secondary victimization is the re-traumatization of the sexual assault, abuse, or rape victim through the responses of individuals and institutions. Types of secondary victimization include victim blaming and inappropriate post-assault behavior or language by medical personnel or other organizations with which the victim has contact. Secondary victimization is especially common in cases of drug-facilitated, acquaintance, and statutory rape. The term victim blaming refers to holding the victim of a crime to be responsible for that crime, either in whole or in part.
Thus, it is observed that Judiciary being the third pillar of the Constitution has played a vital role in finding the proper solution in rape cases. Sometimes through wide interpretation of provisions of various legislation and Constitution and sometimes by laying down landmark judgments where there are no specific laws, the judiciary has tried to strike a balance and equilibrium in the society.
The judiciary has tried to fulfil the gap between fast changing society and rigid laws (because of the long and time taking procedure of enactments of laws by legislature, its not easy to amend these laws with the fast-changing society). Nirbhaya’s case has once again raised the question of inadequacy and lack of proper implementation of the laws, however, Anti-rape Bill- Criminal Law (Amendment) Bill, 2013 has been passed. The laws relating to rape victims has been enacted after much public cry or through judicial intervention only. This Amendment Bill also came after losing Nirbhaya and mass protests. It has rightly been observed by the judge in Nishan Singh’s case that Court can only lay down the guidelines but important role has to be played by the society in its implementation.
UNIVERSITY OF PETROULEM AND ENERGY STUDIES, DEHRADUN
HOME TOWN – REWA ( M.P.)