Author : Ritu Singhal, Prestige Institute of Management And Research, Indore
INTRODUCTION
Over the last few decades, rape has been the common crime in India which comes in fourth position. Rape is a heinous offence which has been increasing day by day in India. Crime against women in India will go up by 4% in 2023. In 2021, the national crime records bureau submitted a report where 31,677 rape cases were registered across the country. In India 89% rapes are committed by the persons who is known to the victim. Many people do not register the crime due to fear of shame.
Rape is defined under section 375 of the Indian Penal Code, 1860 as sexual intercourse with a female without her consent. This heinous crime affects many women, whether it occurs in the workplace, at home, or in educational environments. The alarming rise in rape cases raises the question of why this is happening. It’s important for people to stop supporting those accused of rape, whether through political power or any other means, as this support prevents victims from obtaining justice and contributes to the increasing crime rates.
WHY ARE RAPE CASES RISING DAY BY DAY IN INDIA
There are many women every day who suffer from this, so it is important for everyone to break the silence and take steps against this. Ignoring the crime and hiding the offense only contribute to an increase in cases. It is important to speak out about this and to make people aware. Another reason for the increase in rape cases is the male-dominated society. In many societies, some men believe that women are meant to be used, and this is due to a lack of proper gender education. Additionally, the path to justice is often difficult.
ARE WOMEN REALLY SAFE IN INDIA
The issue of women’s safety in India is extremely concerning due to the increasing number of reported rape cases. With a population of 1.2 billion, out of which 48% are women, the situation is hazardous for women in India. They do not feel safe at their workplaces, homes, or even in educational environments. Women are constantly surrounded by potential threats, and unfortunately, there is a lack of support for women’s safety in such a densely populated country. Women are often blamed and questioned for incidents, with the focus being on what they were wearing, whether they were intoxicated, or why they were out late at night. Recently, there have been cases where the question has arisen regarding whether women talking freely to men is considered dangerous.
RECENT CASES
KOLKATA RAPE CASE
Recently the Kolkata rape case occurred where a women Dr. Moumita Debnath her body was discovered in semi-nude state, with visible injuries and marks, indicating that she was sexually assaulted in R.G Kar Medical College and Hospital at her workplace Kolkata. she raped and brutally murdered by the accused. In Post-mortem report it is clear that it was gang rape and the government says it was suicide. It is ridiculous and shameful who declared it as a suicide. Now people are out on the streets with candles. There is no evidence against accused all evidence has been removed from the seminar hall. The government is supporting the accused otherwise it is not difficult for the government to not find out the accused.
UTTRAKHAND RAPE CASE
A nurse of a private hospital in uttrakhand’s rudrapur was allegedly raped and brutally murdered while she was returning home and her body dumped in a vacant plot in an uttar Pradesh village. Women was missing since 30 july and her body found on 8 august, accused admitted his crime and surrender himself.
PUNE MINOR RAPE CASE
Thirteen-year old girl was raped by his father, cousin and his uncle in hadapsar, pune (Maharastra) the matter came into the light after the victim complained to his mother.
JHARKHAND GANG RAPE CASE
A women was raped by seven men in Dumka district, Jharkhand. who was Spanish, the couple spoke about the incident and also shared some inside footage and uploaded a video on their you-tube channel.
SAHARANPUR RAPE CASE
A four year girl was raped by a boy who was 11-year old when she was alone at her home in UP’s Saharanpur. The boy sent to a juvenile home because the boy was apprehended. Doctor said the survivor was stable.
LANDMARK CASES
TUKA RAM AND ANR VS STATE OF MAHARASHTRA, AIR 1979 SC (MATHURA CASE)
A girl named Mathura was raped by two policemen in desai gunj police station maharastra while she was in custody, it was an incident of custodial rape. Supreme court concluded that it was not proved to amount to rape because no marks of injury were found on the person of the girl, there was no sign of struggle and the girl had not been put in fear of death or hurt so the consent would be considered as free also, the girl was habituated to sex so, it may be possible that she might have incited the cops.
VISHAKA VS STATE OF RAJASTHAN AND ORS., JT 1997
A girl named bhanwari devi lower caste social worker for the women’s development programme, who was trying to stop a child marriage was allegedly gang-raped by five men in rajasthan. She went to the police station to lodge a complaint against the accused but no through investigation was launched. Supreme court held that the sexual harassment of women at her workplace would be violation of her fundamental rights.
CONCLUSION
There are numerous unreported cases of rape, despite the existence of laws aimed at enforcing stricter punishment. The number of cases continues to rise, indicating a need for a change in men’s attitudes. The judiciary plays a crucial role in justly resolving these cases, and decisions should not solely rely on the law. It is essential to raise awareness about the societal attitudes toward rape, and education on gender and sex is necessary. The male-dominated society needs to recognize that women are not meant to be exploited. To address these issues, special courts, political and judicial awareness, and training programs are necessary.
FREQUENTLY ASKED QUESTIONS
REASON WHY RAPE CASES INCREASING IN INDIA
Less number of female police can be one of the reasons for the sexual violence problem in India. Whenever a woman is being raped, she is more likely to report her case to a female police officer, but due to the lack of female officers in many states or villages women have to tell their problem to a male officer which makes them more uncomfortable.
Blaming of indecent clothing- The Indian society somehow assumes that the victim’s sense of clothing has brought them to that state. This is the sad reality of the society which thinks that it was a fault of a woman or girl to wear short cloth and did not blame the person who committed the crime.
No public safety- Women who go for a late-night job or go for late-night clubbing are seen as immoral in most of the Indian society and are the reason for being raped. If the public themselves think that this is only the reason for rape in India then women are not safe in this society. It is in the hand of the general public itself to stop crime and to prevent rape in India, if people will change their thinking and help each other to protect women from these social evils then only women will be safe in society.
Discouragement of rape victims to compromise- None of the families in Indian society are ready to accept the fact that someone in their family has been raped and they often advise the victims to stay away from the haphazard caused after rape in the police station. This is the sole reason why most of the rapes are not even registered in India.
WHAT IS THE CRIMINAL SYSTEM FOR RAPE IN INDIA
Rape is a cognizable offence in India. There are so many provisions in different Acts for rape.
Section 375, 376A, 376B, 376C and 376D of Indian Penal Code 1860. Section 53(1)[4], 164A [5], 327(2)6 of Code of Criminal Procedure. Section 114-A [3] of Indian Evidence Act.
The term rape has been legally defined under Section 375 of Indian Penal Code 1860 as a man is said to commit a rape when there has been sexual intercourse with a woman in any of the following circumstances:
Against her will.
Without obtaining her consent.
When the consent is obtained, that consent must not be done by putting the person in fear of death.
When the consent has been obtained fraudulently by promising her to be husband in future.
When the consent is given by a person who is of unsound mind or intoxicated or unable to understand the nature of giving the consent.
When a girl is under 16 years of age, with or without her consent.
If any of the above conditions are met, rape is said to have been committed.
