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ANALYSIS OF PROBLEM OF RAPE IN INDIA AND LAWS RELATED TO IT



Introduction


“Rape is one of the most terrible crimes on earth and it happens every few minutes. The problem with groups who deal with rape is that they try to educate women about how to defend themselves. What really needs to be done is teaching men not to rape. Go to the source and start there.”Kurt Cobain

Rape has been described as an offence in all jurisdictions since time immemorial. The term "Rape" signifies to sexual wrong that basically involves sexual penetration of any form done against a person without consent. Term "Rape" derives its origin from past participle of Latin term "Rapere" meaning 'to seize, carry off by force or abduct'. Rarely this term was also used for sexually violate'. The term has a connection to Low German and Dutch term 'Rapen' in same sense. Indian Penal Code (Act of 1860) (hereinafter, 'IPC' or 'the Code) criminalizes the offence of Rape under Chapter XVI (Offences against human body), 'Sexual Offences' through Ss. 375 and 376. S.375 provides for the definition of Rape and S.376 provides for its Punishment. Ss. 376A to 376E provide for different incidences of Rape.


Definition


S. 375 as amended by Criminal Law (Amendment) Act 2013 on 3"February 2013 lays down the definition of Rape.


2 Prior to the amendment in 2013 the age of girl at which she could give consent was sixteen years and above.

3 After the amendment, the age at which her consent shall be considered to be valid consent under the Act had been increased

to 18 years.

4 Marital rape had not been included in the definition of section either before the amendment or after it.


A total of 50,74,634 cognizable crimes comprising 31.32.954 Indian Penal Code (IPC) crimes and 19.41.680 Special & Local Laws (SLL.)crimes were registered in 2018. Though it shows an increase of 1.3% in registration of cases over 2017 (50,07,044 cases), however, crime rate per lakh population has come down from 388.6 in 2017 to 383.5 in 2018.During 2018, registration of cases under IPC have increased by 2.3% whereas SLL crimes have declined by 0.1% over 2017.Percentage share of IPC was 61.7% while percentage share of SLL cases was 38.3% of total cognizable crimes during 2018. A total of 10,40.046 cases of offences affecting the human body were registered which accounted for 33.2% of total IPC crimes during 2018. out of which hurt (5.30.076 cases) accounted for maximum cases i.e. 51.0% followed by cases of causing death by negligence (1,44,031 cave Kidnapping and Abduction(1.05.734 cases) accounting for 13.8% and 10.2% respectively.




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)


Sec 375

Before 3 February 2013, Section 375 of the Indian Penal Code defined rape as:

A man is stated to commit "rape" who, except case hereinafter excepted, has sexual intercourse with a female in circumstances falling under any of the six following descriptions:-

Firstly. –– Against her will.

Secondly. –– Without her consent.

Thirdly. –– With her consent, when her consent has been received by way of placing her or any individual in whom she is interested, in fear of death or of harm.

Fourthly. –– With her consent, when the man is aware of that he is not her husband, and that her consent is given because she believes that he is another man to whom she is or believes herself to be lawfully married.

Fifthly. –– With her consent, when, at the time of giving such consent, by reason of unsoundness of mind or intoxication or the administration of him personally or through another of any stupefying or unwholesome substance, she is not able to recognize the nature and consequences of that to which she gives consent.

Sixthly. –– With or without her consent, when she is under sixteen years of age.

Explanation. –– Penetration is enough to constitute the sexual intercourse necessary to the offence of rape.

Exception. –– Sexual intercourse by a man along with his own wife, the wife not being under fifteen years of age, is not rape.

The above definition excluded marital rape, same sex crimes and considered all sex with a minor under the age of sixteen as rape.

After 3 February 2013, the definition was revised through the Criminal Law (Amendment) Act 2013, which also raised the legal age of minor to eighteen.

A man is said to commit "rape" if he:–– (a) penetrates his penis, to any extent, into the vagina, mouth, urethra or anus of a lady or makes her to do so with him or some other person; or (b) inserts, to any extent, any item or a part of the body, not being the penis, into the vagina, the urethra or anus of a lady or makes her to do so with him or any other person; or (c) manipulates any a part of the body of a women in an effort to purpose penetration into the vagina, urethra, anus or any part of body of such women or makes her to do so with him or any other person; or (d) applies his mouth to the vagina, anus, urethra of a female or makes her to do so with him or another person, under the circumstances falling under any of the subsequent seven descriptions:

Firstly. –– Against her will.

Secondly. –– Without her consent.

Thirdly. –– With her consent, while her consent has been received by using putting her or any individual in whom she is interested, in fear of death or of hurt.

Fourthly. –– With her consent, when the man is aware of that he is not her husband and that her consent is given because she believes that he's some other man to whom she is or believes herself to be lawfully married.

Fifthly. –– With her consent while, at the time of giving such consent, by reason of unsoundness of mind or intoxication or the administration by him personally or through another of any stupefying or unwholesome Substance, she is not able to recognize the nature and consequence of that to which she offers consent.

Sixthly. –– With or without her consent, when she is below eighteen years of age.

Seventhly. –– When she is unable to communicate consent.

Explanation 1. –– For the purposes of this section, "vagina" shall additionally include labia majora.

Explanation 2. –– Consent means an unequivocal voluntary agreement when the women by words, gestures or any form of verbal or non-verbal conversation, communicate willingness to take part in the specific sexual act;

Provided that a woman who does not physically resist to the act of penetration shall not by reason of that fact, be appeared as consenting to the sexual activity.

Exceptions – 1. A medical procedure or intervention shall not constitute rape; 2. Sexual intercourse or sexual acts by a man with his own wife, the wife not being under fifteen years of age, in not rape.

Even after the 2013 reform, marital rape when the wife and husband live together continued not to be crime in India. Article 376B of the 2013 regulation made forced sexual intercourse by man with his wife– if she is living separately – a crime, whether under a decree of separation or otherwise, punishable with at least a 2-12 months prison term. Forced sex by a person on his wife may also be considered a prosecutable domestic violence under other sections of Indian Penal code, which includes Section 498(A) in addition to the Protection of Women from Domestic Violence Act 2005. The crime of sexual attack on a infant, that is anyone under the age of eighteen, is further outlined and mandatory punishments described in The Protection of Children from Sexual Offences Act 2012.

All sexual acts between the members of the same sex, consensual or forced, was previously a criminal offense under Section 377 of Indian penal code, after the 2013 Criminal Law reform, with punishment the same as that of rape, however it was later overturned in a landmark judgement of the Supreme Court on 6 September 2018 which stated all consensual sexual acts between adults who have met the age of consent are not violative of Section 377, for this reason decriminalizing homosexual intercourse in India.


  1. Rape (Sec. 376 IPC) –


Punishment for rape- (1) Whoever, except in the cases provided for by sub- section (2), commits rape shall be punished with imprisonment of either description for a term which shall not be less than seven years but which may be for life or for a term which may extend to ten years and shall also be liable to fine unless the woman raped is his own wife and is not under twelve years of age, in which case, he shall be punis