In recent times we all came across with the rising number of cases and crimes related to women and their security such as harassment at her workplace, rapes, dowry deaths and many more. The condition of a women can be understood in today's world through the fact that still the laws are not consistent and supportive to her. People in India wants a security for a job but don't even give a dam to security of a women. Women don't need security we need freedom from security. We don't need people to protect us, we have same right to life as you.

When women are able to live in a safe and secure environment, they can participate effectively in the economy and society. This helps overcome poverty, reduces inequalities and is beneficial for overall social system. Every woman and a girl have a right to live in a safety in her home, community and her workplace.

This article critically examines the impact of the laws and current situation of women safety and security highlighting the lack of legal resources available to them.

The introduction of Bhartiya Nyaya Sanhita [BNS] further cemented the notion of absence of provisions and the amendments in rapes laws and other women laws in Indian legal framework for protection and security of women.

With a sociological approach, this article scrutinizes whether the current rape laws effectively address the issues it aims to solve, and what implications this has for societal equality. The study concludes with a call for more strict and strong laws for protection and safety of women.

Introduction
The women security was, is and always be the hot topic to be discussed globally as still the society considers a woman and girl to be a puppet of their hands that can be used for their entertainment, pleasure, angry moods and as a worker etc. It will be a relevant topic till we achieve the 100% safety for women. So, let's divide the topic into few parts to get a better understanding.

What do we understand by the term "Women Safety"?

It is a wider term and involves various dimensions such as strategies, practices and policies aim to reduce gender-based violence including fear of crime. In the remarkable progress and innovation, it is troubling to see how the treatment of women has not advanced yet. The term women safety means reduction in number of crimes against her and increasing the strictness of legal provisions. It involves creating safe places in public, private and on digital platforms. [1]

What do we understand by the term 'Women Security"?

The words safety and security may sound similar in this context but there is a difference between both of them. Women security means the practice of reducing the crimes and creating a safe space for women everywhere she goes and also ensures financial security and autonomy. Security means that girls, adolescents, young women and vulnerable groups can all feel safe, without fear of danger that could cause physical, psychological or material harm. And anything with a potential to cause harm would be controlled to protect the life, health and wellbeing of people and community. [2]

The Indian Scenario on Women Safety and Security

"The day a women can walk freely on the roads at night, that day we can say that India has achieved independence". – Mahatma Gandhi [3]

Despite advancement in technology and urbanization, women in India continue to face violence and discrimination. It is deeply distressing that nearly 88 rape cases are reported daily in the country and also in every 2 minute a girl or a woman is being raped, with many more likely going unreported. Our rich cultural heritage and value system have failed to protect the very individuals who are the foundation of society. India is a country where a woman is worshiped as Goddesses. However, India remains a hub of alarming atrocities when it comes to women safety.

According to NCRB reports 2023, crimes against women in India has increased by 4% in 2022, with reported cases rising from 4,28,278 in 2021 to 4,45,256 in 2022. The crime rate per women population rose from 64.5 in 2021 to 66.4 in 2022. The most heartbreaking crime Rape has increased to 7.1%. As per Women, Peace and Security index 2023, India ranks 128th out of 177 countries. The index score for India is 0.58, which places it in the fourth quin tile for women's safety. As per the National Family Health Survey, around 30% of women in India between 15-49 years of age have experienced physical, sexual or domestic violence. [4]

Reasons behind lack of women safety in India

1. The old school prevailing system and culture in India, the belief of male superiority and his powers to treat women as per his mood and needs.
2. The indecent representation of women and nudity in prevailing media and entertainment shows reduce them to objects.
3. The female count of number is still huge as compared to man in the field of literacy and employment which ultimately leads to economic dependency.
4. Lack of public facilities such as road lights, proper transportation etc.
5. Delayed justice and lenient punishments for sexual offenders.
6. Improper urbanization of thoughts on birth of a girl child in comparison with male in rural as well as somewhere in urban areas also.

 

Steps Taken by the Government for Safety and Security of Women

There are few safety measures which are taken by the government, which are listed below:

• The Ministry of Women and Child Development has been administering various special laws relating to women such as the Protection of Women from Domestic Violence Act 2005; Dowry Prohibition Act 1961; Indecent Representation of Women [Prohibition] Act 1986; the Sexual Harassment of Women at Workplace [Prevention, Prohibition, Redressal] Act 2013 and the Prohibition of Child Marriage Act 2006 and many more.

The government has also taken a number of initiatives for safety and security of women and girls, which are listed below:

1. The government has launched a 24hr helpline number 181 which ensures that whenever any female feels unsafe while travelling or working or any other activity, then in such a situation she can call immediately on this helpline number and an authority will be assigned to help her out.
2. There is a Nirbhaya Fund for projects for safety and security of women, for which the Ministry of Women and Child is the nodal authority.
3. MHA on 20th September 2018 has also launched the National Database on Sexual Offenders to facilitate the investigation and tracking of sexual offenders across the country.
4. Government of India has also conducted awareness generation programs, and publicity campaigns on various legal provisions available for women.
5. There are One Stop Centers to provide integrated support and assistance to women affected by violence.
6. MHA has also set up a Women Safety Division in order to coordinate various initiatives for women.
7. Many special laws and legal provisions have been made by the legislative authority for safeguarding women and for creating fear amongst criminals etc.
8. Mahila Police Volunteers scheme that connects women distress with the police.

As per girls, adolescents, and women, security means to them as follows:

1. To go out without being scared.
2. For the government to invest in preventing violence against women.
3. To be respected equally and to have equality in every field and at every place as the males and other members in the society have.
4. To have equality of rights.
5. To have a safe environment and working conditions at her workplace.
6. Protect and control the harm caused by male, female, institutions, media, and others.

Hence to make the country truly independent, first we all should aim to protect, safe and secure our female population and treat each one of them as our sisters and provide them with safe environment and working conditions.

Rape laws in India and their extent
Now let us discuss the second part of the article i.e. the various rape laws and its history and recent amendments in the context with Indian scenario as well as comparison with other countries. Before moving ahead let's see what are the various kinds of crimes that are being committed against women?

There are many in numbers, but the most common ones are listed below: -

1. Child Marriage: The most common prevalent act in rural areas is of getting married before attaining the legal age of marriage as per legal provisions of a girl child.
2. Sexual Harassment: It is a serious issue faced by a woman, not just in the workplace, but also in public areas, educational institutions, cyberspace, and even at her home sometimes.
3. Domestic Violence: It can be physical [pain, bodily harm and injury] as well as sexual [coercion, unwanted sex, force], psychological, economical, or financial.
4. Female Foeticide: An act of killing a girl child before she breathes into the world.
5. Sati Pratha: An act of burning the wife if her husband dies before her.
6. Rape: An act of having sexual intercourse with a female without her permission in any manner against her will.
7. Forced Prostitution: An activity of using women for sexual entertainment involving money transaction.
8. Using Women in Advertisement or Films: For representing nudity or soliciting her image or for sexual purpose, etc.

Though all these crimes are required to be answered and should be discussed, particularly in this article we are going to discuss the crime of Rape against women.

What Do We Understand by Rape?

Definition of Rape as per Indian Laws:

As per Indian Penal Code 1860 section 375, rape is defined as sexual intercourse with a woman against her will or without her consent.

A man is said to commit "rape" if he:

1. Penetrates his penis, to any extent, into the vagina, mouth, urethra, or anus of a woman or makes her do so with him or any other person;
2. Inserts, to any extent, any object or a part of the body, not being the penis, into the vagina, the urethra or anus of a woman or makes her do so with him or any other person;
3. Manipulates any part of the body of a woman so as to cause penetration into the vagina, urethra, anus or any part of the body of such woman or makes her do so with him or any other person;
4. Applies his mouth to the vagina, anus, urethra of a woman or makes her do so with him or any other person, under the circumstances falling under any of the following seven 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 eighteen years of age.
   7. When she is unable to communicate consent.

The minimum punishment for rape is 10 years in prison, but it can increase to life imprisonment or even the death penalty depending on the circumstances. The punishment is more severe if the rapist is police officer, public servant, member of armed forces or staff member of jail, remand home or women's or children's institution. The minimum punishment for raping a girl under 16 years is 20 years in prison but it can increase to life imprisonment but if the girl is below 12 years, then it may even lead to death penalty.[7]

The above-mentioned definition excludes the marital rape, when a husband and wife live together and the man attempts force sex by him on his wife. It even continues after the 2013 reform and amendment. Eventually, the anti-rape laws strengthened over the decades because of some brutal cases thar led to several major amendments in laws. The need for change in laws gathered momentum with the growth of the various women's movement which brough awareness and change in the attitude of the society.

Punishments of rape in other countries as compared to India

1. Pakistan: death sentence
   Gang rape, child molestation and rape are punishable by death. An assault on a woman and intentional display of her body in public view is punishable by death in Pakistan. Statutory rape by a man of a girl under 16, especially gang rape, is punishable by death.
2. China: death sentence and castration
3. Japan: 20 years to life
4. Saudi Arabia: beheading within days
5. North Korea: death by firing squad
6. Afghanistan: shot in the head or hanged to death
7. Egypt: death by hanging
8. Iran: hanged to death
9. Israel: 16 years to life [8]

History of criminal amendments related to Rape in India
This article discusses various past alarming rape cases that left a remarkable mark on the thoughts of the society and questions the loopholes of judiciary and its system.

The very first case of Mathura rape case which eventually led the urge to amend the criminal rape laws and passed the criminal amendment act of 1983. In this case of Tukaram and Ors v. State of Maharashtra in 1972,[9] a teenage Adivasi community girl named Mathura was alleged to be raped but two policemen while she was in their custody.

When the matter reached the session court, the judge acquitted the policemen stating that the prosecution had failed to prove its case and concluded that she had a sexual intercourse while at the police station but there was a world of difference between having the sexual intercourse and being the victim of rape. It was further stated that she was habituated to sex and therefore gave her voluntary consent.

When the appeal went to high court, it convicted and sentenced the two accused and held that it was case of Passive Submission and that her submission was a result of her fear and therefore no consent in the eyes of law. Moreover, the increasing no. of custodial rape cases such as Rameeza Bee case and Maya Tyagi case light up the need for change in the rape laws and this led to legal reforms with the passing of criminal law second amendment act 1983. The act brought down following changes: -

1. Section 376-B, 376-C, 376-D were inserted in order to deal with custodial rape.
2. Section 114A was inserted in the Indian Evidence Act, 1872 under which if a girl in her testimony contends that there was no consent given by her then the court shall presume the same and the onus to prove that there was consent lies on the accused.
3. Section 228A was inserted which dealt with the prohibition of disclosure of the identity of the victim of rape.

The Supreme Court of India in the case of the State of Punjab v. Gurmit Singh & Ors [10] on 16 January, 1996 stated 'Rape is not merely a physical assault- it is often destructive od the whole personality of the victim. A murderer destroys whole body of the victim, a rapist degrades the very soul of helpless female'.

The second most hitting case which shaken the grounds of Indian society was the NIRBHAYA RAPE CASE [11] in 2012, the Delhi gang rape case of a young woman who was named Nirbhaya by media for not revealing her identity as per sections of IPC. She was brutally gang raped by six men on the street bus of Delhi and her internal organs were pulled and her private parts were mutilated in a very inhuman manner that caused grave injuries which ultimately annihilated her life. On 29 December 2012, she succumbed to her injuries and died at a Singapore hospital.

After this case led to rethink the laws and make new provisions for that Justice Verma Committee was set up to suggest amendments to criminal laws. The committee made recommendations on a wide range of issues dealing with all kinds of sexual crimes. The suggestion made by the committee that the exception for marital rape should be removed and stated that the relationship between the accused and the complainant is not relevant to the injury into whether the complainant consented to the sexual activity. It also made recommendations on Sexual Harassment of women at workplace. This led to criminal amendment act 2013 which introduced comprehensive changes in the Indian Penal Code 1860, Code of Criminal Procedure 1973, and the Indian Evidence act 1872.

1. The age of consent was raised from 16 to 18 years.
2. Death penalty was imposed where the victim is left in a persistent vegetative state or dies.
3. For gang rape, with the possibility of life imprisonment with a minimum of 20 years in prison.
4. Stricter punishment for repeat offenders was added in section 376E.

Despite the progressive reforms in the anti-rape laws, the reality of the country remains the same which hits the reality that still our country is lagging in the protection of women and our weak judicial system. Even after these latest amendments the case of Kathua rape case [12] shook the entire nation after 6 years of the so-called criminal amendment act 2013. This led to the third criminal amendment of rape laws which amended 166A, 228A and 376 and three new sections were inserted 376AB, 376DA, and 376DB. The punishment increased to be not less than 10 years extendable to imprisonment for life and also liable to fine.

Present position of rape laws in India: Even after major and numerous changes and amendments in the Indian Criminal Laws our judiciary still lags behind and failed to provide for the safety and security of women and in providing justice to rape victims. Even after imposing the strict punishments, the criminals are still walking freely and the rapes are continuing to increase in number.

The judiciary still needs to amend its laws again and check what are the loopholes in its system. The most famous case of 2024 of Kolkata of a postgraduate trainee doctor at R.G. Kar Medical College and Hospital which took place on 9 august 2024 with a 31-year-old female who was raped and murdered in a college building and was found in a seminar room of the campus.

The Supreme Court asked the social media to strictly remove the photos and information Regarding the victim. Even after 3 months of the hilarious act no judgement has been passed yet and still the real accused is not convicted. One month ago, in Prayagraj the rape accused was granted bail after he promised to marry her and take care of new born child. In Delhi, five men gang raped minor and 22-year-old girl after she went out at night for a party at a nightclub from their residence. This is where we are still standing even after having the new criminal laws of Bhartiya Nyaya Sanhita.

My point of view on current position and the Ways to overcome the loopholes of judiciary
The combination of strict law and better implementation is essential. It would give the required result as neither strict law alone nor the better implementation could work alone to prevent the crime from the society. The long procedures of court in which the victim has to wait a long to get justice due to which the victim losses hope and the accused get an escape. When the authority will work effectively and efficiently, it will help the judiciary to reach to the justice.

According to my point of view the laws should be amend keeping in mind the current alarming rape cases. The punishment must be increased leading direct to death penalty on confirming all facts and evidences. The age limit should be adjusted as per the growing generation i.e. the upcoming generation is well aware of each and everything and knows all the pros and cons therefore, the age of minority must be decreased.

Rape does not only harm physically but it harms brutally to mental and psychological heath of the victim as well as her family members. Some of the rape cases even don't come into the notice of judiciary just because of the so called society thoughts. Still our Indian society demoralize the position of a women and still thinks that if they raise their voice against such crimes being committed against women, then it will degrade their reputation.

Ways to overcome the loopholes of judiciary are as follows:

1. A fixed time shall be mentioned for disposing of the cases so that the victim should not suffer much to get justice.
2. A stricter and rigid punishments should be stated instead of minimum and maximum provisions.
3. Cases such as rape and other severe shall be directly referred to Supreme Court or High Court to avoid wastage of time and money.
4. Bails shall not be granted to the accused until he is proven innocent.
5. Security of the victim shall be provided so that no harm can be caused to her or her family members during prosecution.
6. Special team of experts shall be formed to get all the evidences as soon as possible to avoid the disappearances or damage of evidences.

Conclusion
Women's freedom is the sign of social freedom. This is not men v. women issue but people v. prejudice. To make India truly independent, we should first make our female population feel safe and independent. A woman should not only be worshiped in the temples or sculptures but should be worshiped at each and every place.

One should not only protect his sister, wife, mother or daughter but should protect each and every woman of the society. Its better to die fighting for the freedom then being a prisoner all the days for not securing a women's dignity or freedom. Hence there is a need to spread social awareness among general public about the laws and punishments and the ways to secure safety to women.

References:

• https://pranyas.org/women-safety.html
• https://www.mamacash.org/resources/what-does-security-mean/
• https://www.thehindu.com/opinion/letters/letters-to-the-editor-august-16-2024/article68529903.ece/amp/
• https://timesofindia.indiatimes.com/india/india-records-51-cases-of-crime-against-women-every-hour-over-4-4-lakh-cases-in-2022-ncrb-report/amp_articleshow/105731269.cms
• https://pib.gov.in/Pressreleaseshare.aspx?PRID=1575574
• https://www.indiacode.nic.in/show-data?actid=AC_CEN_5_23_00037_186045_1523266765688&orderno=424
• https://devgan.in/ipc/section/376/
• https://www.tbsnews.net/world/punishment-rapists-different-countries-144115?amp
• https://blog.ipleaders.in/case-analysis-tukaram-and-another-v-state-of-maharashtra-mathura-rape-case/
• https://indiankanoon.org/doc/1046545/
• https://www.bbc.com/news/world-asia-india-51969961
• https://www.livelaw.in/amp/tags/kathua-case

Written By: Suhani Agrawal