File Copyright Online - File mutual Divorce in Delhi - Online Legal Advice - Lawyers in India

Rapes In India: Reasons And Preventions

The term "rape," often referred to as "balatkar," is ominous. One of the most typical illegal actions in India is this. The word "rape" is so horrifying, embarrassing, traumatising, and terrible that it completely dismantles the victim's psychology and affects their most inner feelings.

The Latin term "rapio," which meaning to take away, is the source of the English word rape. Thus, violently stealing anything from someone would be considered rape, which is obviously illegal. To engage in an activity without another person's permission is to compel them to do so.

Maatri Devo Bhava, which means to worship women or mothers, was formerly a widely held belief in India.Yet, the idea of Maatri Devo Bhava appears to be vanishing nowadays given the amount of rape cases that occur every day in India. In addition to the victim as a person, rape is also a crime against society at large.

The offence is so egregiously repugnant that it even violates fundamental human rights. Because the term "rape" is so broad, no single definition can encompass it. Only those who experience it may understand it. Rape is a sex crime, hence that is why it is a crime.

It's vital to present another idea, sexual harassment, in order to clarify the meaning of rape. The Supreme Court established the following criteria for what constitutes sexual harassment in its ruling in the landmark case Vishakha and others v/s State of Rajasthan:

  • Physical progress and contact
  • Any desire for sexual favours
  • Any sexually oriented comments about the physique
  • Displaying pornography
  • Any other forced sexual behaviour, whether it be physical, verbal, or nonverbal.
Thus, the Supreme Court of India concluded that sexual harassment was a breach of basic rights in this instance. Sexual assault constitutes a violation of articles 14, 15, 19(1)g, and 21.

Provisions regarding rape laws in India:
In India, rape is a cognizable offence. There are several rape-related clauses in various Acts.

Indian Criminal Code 1860, Sections 375, 376A, 376B, 376C, and 376D.

Code of Criminal Procedure sections 53(1)[4], 164A[5], and 327(2)6.

Indian Evidence Act Section 114-A[3].

According to Section 375 of the Indian Criminal Code 1860, a male is considered to have committed a rape when there has been sexual contact with a woman in any of the following situations:
  1. Without her consent
  2. Without getting her permission
It is prohibited to get permission by making the subject fear for their life.

when the permission was illegally gained by telling her she would one day be her spouse.

when the permission is offered by a person who is not of sound mind, is inebriated, or is incapable of understanding the nature of the consent.

With or without a girl's permission while she is under 16 years old.

Rape is deemed to have occurred when any of the aforementioned circumstances occur.

The punishment for rape is specified in Section 376 of the IPC 1860 and includes a fine and a term of imprisonment of at least seven years, but not less than life.

When a victim is in a prolonged vegetative condition after death, Section 376A prescribes penalty. In such cases, the maximum sentence is a 20-year sentence, but it might even be a life sentence.

Sexual contact between a husband and wife when they are separated is mentioned in Section 376B. The penalty for doing so must be at least two years in jail, with a maximum sentence of seven years, as well as a fine.

According to Section 376C, engaging in sexual activity while in a position of power is punishable by a minimum of 6 years in jail and a maximum of 10 years in prison as well as a fine.

According to section 376D, gang rapes must result in a sentence of at least 20 years in jail, with the possibility of a life sentence, as well as a fine.

The 376E IPC states life in prison or the death penalty as the punishment for serial offenders.

According to Indian Criminal Code Section 228A[2], it is illegal to reveal the identity of a rape victim, and anybody who does so faces a sentence of up to two years in prison, a fine, or both.

The Code of Criminal Process also has requirements relating to rape victims' medical examinations, mandatory camera trials for all rape victims, etc.

Do women really feel safe in India:
The issue of women's safety in India is completely irrelevant given the daily increase in rape instances that are reported there. In India, not a single day goes by without hearing about a woman being raped. India has a population of 1.2 billion people, 48% of whom are women, however the situation for women remains hazardous.

A total of 33,356 rape incidents were recorded in India in 2018, and 93.9% of those instances were determined to be suitable, according to the National Crime Records Bureau (NCRB). With this many instances of extreme cruelty, the issue of whether India is safe for women once again arises.

Reasons why India has an increase in sexual violence cases:
The problem of sexual assault in India may be due to a lack of female police officers. When a woman is being raped, she is more likely to call a female police officer to report the incident. In New Delhi, historically, there are just 7% female police officers. According to statistics, Delhi's 161 district police stations have just one female station house officer.

Blame for inappropriate clothing:
The Indian culture apparently thinks that the victim's taste of attire is to blame for their current situation. This was demonstrated by the fact that 68% of judges surveyed in India agreed with this statement. Honest yet harsh.

Domestic abuse is accepted in Indian society as something that deserves to happen. In one of its investigations, UNICEF discovered that 53% of Indian girls and 57% of Indian boys believe that hitting a wife is acceptable.

No public safety:
In the majority of Indian culture, women who engage in immoral behaviour, such as drinking, smoking, or late-night partying, are more likely to be sexually assaulted. Women in India are obviously not secure in public areas if the general populace believes and is happy with this type of justification for rape.

Preventing rape victims from compromising In Indian society, no family is prepared to acknowledge that a member of their family has been raped, and as a result, victims are frequently advised to avoid the chaos created by rape in the police station. The majority of rapes in India are not even reported because of this.

Although laws are being created to safeguard rape victims and provide them legal protection, there is still an issue with how those laws are being put into practise.

Preventive measures against rape:
  • There is no age component, race or socioeconomic standing which causes rape.
  • People can take action to adopt certain preventative measures against rape.
  • Offering everyone a seminar on safety advice.
  • If necessary, to give all relevant information to the police.
  • To raise knowledge of what constitutes rape, appropriate and inappropriate touching of children, etc.

Suggestions keep a check on rape cases in India:
The most crucial aspect that will cause a significant drop in the number of rape cases is raising the males correctly from infancy. When there is a rape, only the victim is investigated in Indian society; the rapist is never brought forward. The victim is subjected to a barrage of inquiries from the public and is occasionally even held responsible for the rape. Yet if a robbery occurs, nobody confronts the victim and tells him it was his fault. In a similar vein, nobody confronts the victims' loved ones.

Similar to how everyone in Indian culture is busy teaching rape victims how to avoid it or defend themselves, no one teaches the other side of the party about the dos and don'ts. Many of us aren't even aware that guys in India are sexually assaulted on an equal basis to girls, but they don't talk about it since there are no support services for them.

Even with regard to rapes, the laws are discriminatory towards women. Because they will be the ones to change society in the future, everyone must embrace the habit of teaching and raising awareness about what is good and bad.

Landmark judgments that changed the rape laws in India:
Bhanwari Devi, who was preventing child marriage, was gang-raped by five men in Vishaka v/s the State of Rajasthan. She appeared before the trial court, but all five of the defendants were found not guilty.

Eventually, Vishakha, an organisation for women's research and education, took on the issue of Bavaria Devi and submitted a petition to the Supreme Court alleging workplace sexual harassment. The Supreme Court found the five defendants guilty and provided a new definition of sexual harassment, concluding that protecting women at work is vital.

The Nirbhaya case is a significant 2013 case. In this case, the Supreme Court's ruling expanded the definition of rape under the law. After a thorough analysis of the case's circumstances, the Supreme Court sentenced four adults to death and ordered the kid to serve three years in juvenile detention. Any penetration of a woman's bodily part will now be considered rape, according to the revised definition. The minimum sentence for rape was 20 years in jail, and in severe cases, it may result in death.

Tukaram and others v/s State of Maharashtra (Mathura Case):
The Supreme Court became aware of the 1978 rape of a young tribal girl by two police officers in a Chandrapur district police station years later. Eventually, the Criminal Law of 1983 makes changes to the rape laws in India as a result of this case.

Sakshi and an NGO petitioned the court in Sakshi v/s Union of India to change the definition of rape. The concept of rape was modified in part by the Indian law commission in 2000. According to Indian Criminal Code Section 375, the term "rape" should be substituted with "sexual assault," and the phrase "sexual intercourse" should be used for any type of penetration.

Premchand v/s State of Haryana:
The Supreme Court's decision in this case, which decreased the sentence for rape from a hundred years to five years, drew harsh public criticism. Following that, a review petition was also submitted, but it was unsuccessful since the Supreme Court successfully provided a compelling argument for its decision.

The judiciary is crucial in resolving rape cases in a just manner. They have a responsibility to make decisions about such important issues without solely relying on the law. These days, everyone is attempting to highlight the depressing aspects of Indian society and their attitude towards rape.

Making films about delicate subjects like Section 375, Pink, etc. is another way that film companies like Bollywood are attempting to raise awareness. Statistics reveal the truth, which is that despite the existence of stringent regulations, there hasn't been any change in the treatment of rape victims, despite the fact that there haven't been any strict guidelines enacted to protect them.

The court and the legislature must alter if the laws are to be upheld. The reason for this is that laws continue to be followed and victims continue to mount. In order to manage the deteriorating situation, special courts, political and judicial awareness, as well as training programmes, are required.

Award Winning Article Is Written By: Mr.Satyam
Awarded certificate of Excellence
Authentication No: MR344437498702-19-0323

Law Article in India

Ask A Lawyers

You May Like

Legal Question & Answers

Lawyers in India - Search By City

Copyright Filing
Online Copyright Registration


How To File For Mutual Divorce In Delhi


How To File For Mutual Divorce In Delhi Mutual Consent Divorce is the Simplest Way to Obtain a D...

Increased Age For Girls Marriage


It is hoped that the Prohibition of Child Marriage (Amendment) Bill, 2021, which intends to inc...

Facade of Social Media


One may very easily get absorbed in the lives of others as one scrolls through a Facebook news ...

Section 482 CrPc - Quashing Of FIR: Guid...


The Inherent power under Section 482 in The Code Of Criminal Procedure, 1973 (37th Chapter of t...

The Uniform Civil Code (UCC) in India: A...


The Uniform Civil Code (UCC) is a concept that proposes the unification of personal laws across...

Role Of Artificial Intelligence In Legal...


Artificial intelligence (AI) is revolutionizing various sectors of the economy, and the legal i...

Lawyers Registration
Lawyers Membership - Get Clients Online

File caveat In Supreme Court Instantly