RAPE
RAPE
Over the last few decades, India has witnessed
phenomenal growth, in Rape. From past one decade India is reporting more than
30,000 cases every year, reports as per NCRB data. On an average if we see 85
women are raped every day. In 2020, Rajasthan Reported 5,130 case highest among
other states. Not only 2020 Rajasthan banged 1st Position in 2019
with 5,997 cases in a year. In 2018, Madhya Pradesh reported 5,433 cases.
Delhi, Rajasthan, Maharashtra, Uttar Pradesh, Kerala are mong highest rape
cases reporting cities in India.
The Fourth most
common crime; Rape in simple language is when a woman is forced to have sex
with man. Although the definition of rape in itself is a matter of dispute.
Why? If we go by the proper definition, it says that a rape is committed when a
man penetrates his penis to an extent in to the woman’s vagina. It’s not vagina
but any slightest penetration in anus, mouth or urethra of a women will amount
to rape. So, we interpret that man is always the accused and woman are always
the victim. The reason behind this interpretation is the male- dominated
society. Let us take about the Rape laws and its Provisions.
Section 375 of the Indian Penal Code,1860 talks about
Rape which says a
man is said to commit “rape” who, except in the case hereinafter excepted, has
sexual intercourse with a woman under circumstances falling under any of the
six following descriptions: —
1.
Against her will.
2.
Without her consent.
3.
With her consent, when her consent has been
obtained by putting her or any person in whom she is interested in fear of
death or of hurt.
4.
With her consent, when the man knows 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.
5.
With her consent, when, 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 unable to understand the nature and consequences of that to which she
gives consent.
6.
With or without her consent, when she is under
sixteen years of age.
Further under the above circumstances if the man:
a)
Penetrates
his penis to any extent, into the vagina, mouth, urethera or anus of a woman or
makes her do with him or any other person;
b)
Inserts any object or a part of the body in to the
vagina or anus or urethera of a woman or makes her do so with him or any other
person;
c)
Manipulates any part of the body of a woman so as
to cause penetration into the vagina, urethera or anus of the woman or makes
her to do so with him or any other person;
d)
Applies his mouth to the vagina, anus or urethera
of a woman or makes her to do so with him or any other person.
All this will amount to Rape and that person will
be punished under section 376 of the Indian Penal Code,1860 with imprisonment
of either description for a term which shall not be less than seven years but which
may be for life or a term which may extend to ten years and shall also be
liable to a fine. All this punishment was increased due a breath-taking
incident that happened in capital of India; Nirbhaya rape. This was the case
which changed the Rape punishment after so many decades in 2013. After the
incident a committee was established in dec 2012 which was named as J.S Verma
Committee chaired by Justice J.S. Verma. A 644-page report was submitted which
not only recommended the changes in Rape but also in sexual harassment and
sexual Assault as well. The key recommendations given by the Committee were to
widen the definition of the “Rape”, including non-penetrative sex. It further
recommended to increase penalties for the convicted of rape. The degrading
test, Two- finger test that was conducted to determine the laxity of the
vaginal muscles was superseded. The committee also recommended the changes in
the policing system. All police station were made mandatory to install CCTV in
the questioning room and at the entrance. A new filing of FIR was introduced
that was online-filling/E-filling of complaints. Irrespective of the crime’s Jurisdiction,
police officer was made duty bound to assist any victim of sexual offences.
It took almost 4 decades to change the Rape laws after
the introduction of Custodial rape under the Act, due to the Mathura rape case
incident. Still nothing has changed and this time we don’t need to work on the
laws much rather we need to focus on the implementation.
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