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Understanding Why Rape Happen In India

Ever wondered why a simple walk home can feel like a battle for safety?
A simple walk home, an act so ordinary, becomes a perilous journey for many women due to the constant shadow of fear and vulnerability. This fear reflects a society failing to ensure basic safety and dignity for its women.

Thesis Statement
The purpose of this article is to delve into the complex and multifaceted causes of rape, examining the societal, psychological, and legal factors that contribute to its prevalence. By understanding these underlying causes, we aim to shed light on the systemic issues that perpetuate sexual violence and explore potential solutions to address and prevent this heinous crime.

Understanding The Problem:
  • Definition of Rape
    Legally: Rape is defined as a criminal act involving non-consensual sexual intercourse or penetration, where one person forces another to engage in sexual activity against their will. The legal definition may vary slightly depending on the country, but it generally includes situations where the victim is coerced, threatened, physically forced, or unable to give consent due to age, mental incapacity, or intoxication.

    Morally: Morally, rape is a profound violation of a person's autonomy, dignity, and bodily integrity. It is an act of violence and domination that inflicts severe physical and psychological trauma on the victim. Rape is universally condemned as a grave injustice that fundamentally disrespects the rights and humanity of the individual.
     
  • Historical Perspective on Rape
    Throughout history, the perception and treatment of rape have varied widely across cultures and eras.

    In ancient times, rape was often viewed more as a crime against the male relatives of the victim than against the woman herself. In ancient Rome and Greece, for example, rape was seen as a violation of a father's or husband's property rights rather than as an assault on the woman's autonomy. Similarly, in medieval Europe, rape was sometimes settled through financial compensation paid to the victim's family.

    In some cultures, rape was used as a tool of war, with conquerors using sexual violence to terrorize and dominate populations. This was evident in conflicts from ancient times to modern wars, where rape was employed to demoralize and control.

    However, over time, especially in the last few centuries, the perception of rape has gradually shifted. With the rise of human rights movements, rape began to be recognized as a serious violation of individual rights and dignity. In many societies, laws were reformed to acknowledge rape as a violent crime against the person, rather than just a property or moral offense.

    Despite these changes, the historical legacy of how rape was perceived still influences modern attitudes and responses to sexual violence, with some cultures and communities continuing to struggle with deeply ingrained myths and stigmas surrounding rape.
     
  • Contextualization with Statistics
    Rape is a pervasive and deeply troubling issue that affects countless individuals worldwide. According to the World Health Organization (WHO), about 1 in 3 women globally have experienced either physical and/or sexual intimate partner violence or non-partner sexual violence in their lifetime. In India, the National Crime Records Bureau (NCRB) reported over 28,000 cases of rape in 2020 alone, averaging 77 incidents daily.

    These figures, while alarming, only represent the cases that are reported. Many instances of rape go unreported due to fear, stigma, or a lack of trust in the justice system. This widespread prevalence underscores the urgent need to address the root causes of sexual violence and to implement more effective measures for prevention and justice.
"The cases that happened and were reported in India from 2005 to 2022."

 
2005 = 18,359 2010 = 22,172
2011 = 24,206 2012 = 24,923
2013 = 33,707 2014 = 36,735
2015 = 34,651 2016 = 38,947
2017 = 32,559 2018 = 33,356
2019 = 32,032 2020 = 28,046
2021 = 31,677 2022 = 31,516


Why Rape Happens?

  1. Patriarchal society: Many people believe men should have power over women, which leads to controlling or violent behavior.
  2. Cultural norms: Traditional views often place women in a lower position, making them more vulnerable to violence.
  3. Weak law enforcement: Even though there are laws against rape, they are not always enforced properly, leading to fewer (lighter) punishments for rapists.
  4. Social stigma: Victims often face shame and blame, which stop many from reporting the crime.
  5. Lack of sex education: Many people don't understand the importance of consent because they haven't been taught about it properly.
  6. Media influence: Some media portray women in a way that reinforces harmful stereotypes.
    Means: Some media show women in ways that support negative stereotypes. For example, they might often depict women as weak, overly emotional, or only valued for their looks. This kind of portrayal can reinforce harmful ideas about women and contribute to unequal treatment in society.
  7. Economic disparities: Women from poor backgrounds are often more vulnerable and less able to seek justice.

Root Causes of Rape

  • Patriarchy and Gender Inequality
    Patriarchy, a social system where men hold primary power and dominate in roles of political leadership, moral authority, and control of property, is deeply rooted in many cultures. This system perpetuates gender inequalities by establishing and reinforcing the idea that men are superior to women and should have authority over them.
In a patriarchal society, traditional gender roles often dictate that men are dominant and women are submissive. These roles can foster a sense of entitlement in some men, leading them to believe they have the right to control women's bodies and decisions. This entitlement can manifest in various harmful ways, including sexual violence and rape.

Gender inequality further exacerbates this issue by limiting women's access to education, economic opportunities, and legal protection. When women are economically dependent on men or lack access to resources that could help them escape abusive situations, they are more vulnerable to exploitation and violence.

Moreover, patriarchal values often downplay or normalize violence against women, making it difficult for victims to seek justice. Victim-blaming, where the responsibility for the crime is shifted onto the woman rather than the perpetrator, is a common outcome of such a culture. This reinforces a dangerous environment where men may feel justified in exercising control over women, including through acts of sexual violence.

In sum, deeply ingrained gender inequalities and patriarchal values create a culture that not only perpetuates but also justifies and excuses male dominance and the control of women's bodies, making it more challenging to combat sexual violence and achieve gender equality.
  • Toxic Masculinity Toxic masculinity refers to cultural norms and expectations about masculinity that promote aggressive, dominant, and often harmful behaviors. These societal norms can encourage men to view aggression and control as signs of strength and success, while disregarding women's autonomy and well-being.
  • Cultural Norms Traditional views often place women in lower positions, making them more vulnerable to violence.
  • Victim Blaming Many people and society blame victims for rape because of their behavior rather than holding perpetrators accountable.
  • Lack of Consent Education Limited education on sexual consent and boundaries contributes to ignorance about rape.
  • Objectification of Women Media and society often portray women as objects, normalizing sexual violence and reducing empathy for victims.
  • Social Stigma Victims often face shame and blame, which stops many from reporting the crime.
  • Weak Law Enforcement Even though there are laws against rape, they are not always enforced properly, leading to fewer punishments for rapists.
  • Patriarchal Society Many people believe men should have power over women, which leads to controlling or violent behavior.
     

Psychological Factors

  • Power and Control Many perpetrators commit rape to assert dominance and control over their victims, using sexual violence as a means to exercise power rather than sexual gratification.
  • Aggression and Hostility Perpetrators may harbor deep-seated anger or hostility, particularly towards women, which can manifest in violent, abusive behavior.
  • Cognitive Distortions Rapists often justify their actions through distorted thinking, such as believing that the victim secretly desires the assault or that they have a right to sex regardless of consent.
  • Lack of Empathy Many rapists show an inability to empathize with their victims, failing to recognize or care about the pain and trauma they cause.
     

Social and Environmental Factors

  • Alcohol and Substance Abuse Environments where alcohol or drugs are heavily consumed can increase the likelihood of sexual assault, as intoxication may reduce inhibitions, impair judgment, and make it harder for victims to defend themselves or give consent.
     
  • Childhood Environment Individuals who grow up in environments where violence, sexual abuse, or disrespect for women is normalized may be more likely to perpetrate sexual violence as adults. Early exposure to violence can desensitize them to the harm caused by rape.
     
  • Poverty and Social Disenfranchisement Economic instability and social marginalization can sometimes lead to higher rates of violence, including rape. In such environments, access to education, resources, and employment is often limited, leaving communities vulnerable and individuals more prone to frustration and aggression.
     

Legal and Systemic Issues

  • Inadequate Laws and Enforcement Weak or poorly implemented laws create an environment where perpetrators feel they can act without consequence. In many cases, loopholes in the legal system or delays in justice embolden offenders. When law enforcement agencies fail to take swift and effective action, it sends a message that such crimes are not taken seriously, leaving victims without support and perpetrators without accountability.
     
  • Victim Blaming and Stigmatization Victim blaming shifts responsibility from the perpetrator to the victim, with questions like "What was she wearing?" or "Why was she out late?" Such attitudes perpetuate harmful stereotypes and discourage survivors from reporting crimes. Stigmatization further isolates victims, labeling them as "damaged" or "tainted," especially in conservative societies, leading to shame, guilt, and social rejection.
     
  • Judicial System The judicial system often fails to deliver timely and effective justice in sexual violence cases. Delays in trials cause immense distress to victims and discourage others from seeking justice. Insensitivity during proceedings, invasive questioning, and societal biases further traumatize survivors, making the process unbearable.
Low conviction rates highlights flaws like poor evidence collection, improper investigation, and systemic prejudice. To address these issues, fast-track courts, sensitization training for legal professionals and stronger forensic procedures are essential. A fair and efficient judicial system is crucial to ensures justice and rebuild trust among survivors.

The Impact of Rape
  • The Victim
    Rape has devastating and long lasting effects on victim, affecting them physically, emotionally, and socially. Physically, victims may suffer injuries, unwanted pregnancies, or sexually transmitted infections. Emotionally, they often experience trauma, depression, anxiety, PTSD, and feelings of shame or self- blame, which can persist for years.
Socially, victims may face stigma, isolation, or rejection from their communities and families, further intensifying their suffering. Many struggles with trust issues and difficulty forming relationship. The fear of judgment or retaliation often discourages them from seeking justice or support, leaving them to deal with the trauma alone.

Comprehensive support system, including counseling, medical care, and legal aid, are essential to help victims rebuild their lives and heal from the immense impact of such violence.

Nirbhaya Case:
  • The brutal gang rape in a moving bus on a cold December night remains one of the most horrifying crimes in recent history. The young victim was subjected to unimaginable cruelty gang raped, assaulted with an iron rod, and left severely injured. The attackers discarded her and her companion, naked, on the roadside in freezing temperatures.

    This horrific crime, marked by extreme violence and cold-bloodedness, shocked the nation and stirred its collective conscience. The case was deemed a 'rarest of rare' instance, and the punishment imposed on their actions, serving as a grim reminder of the consequence of such barbarity.
     
  • In Ganpat Mahadeo Mane vs. State of Maharashtra (1993 Supp.(2)SCC242),three dying declarations were recorded-by a doctor, a police constable(attested by a doctor), and an Executive Magistrate(endorsed by the doctor). The Court held that all three declarations were consistent, supported by medical and circumstantial evidence, and free from any flaws.

     
  • In this case, the victim's three dying declarations consistently detailed the brutal gang rape, insertion of an iron rod, severe injuries to her vagina and rectum, unnatural sexual acts, and how she and her companion were thrown from a moving bus. Despite being recorded at different times, the declaration were voluntary, consistent, and supported by medical evidence, making them highly reliable and a crucial account of the horrific incident.
     
  • In this case, the victim's alimentary canal was irreparably damaged due to the insertion of iron rods, causing severe internal injuries, septicemia, and death. The gang rape , brutal injuries, and throwing her from the bus in freezing weather were all part of a coordinated plan involving all accused, confirming their guilt under sections120-B IPC. The extreme cruelty, gravity of the crime, and suffering inflicted on the victim underscored the inhumanity of their actions and the shared intent behind them.
     
  • When considering sentencing, it is crucial that the punishment reflects the gravity of the crime and society's demand for justice. In this case, the sheer brutality – gang rape, the use of an iron rod causing fatal injuries, and the victim being thrown from a moving bus in freezing weather- places it firmly in the "rarest of rare" category. Factors like the young age or poor background of the accused, their remorse, good behavior in prison, or lack of prior criminal history are far too insignificant to lessen the severity of the punishment for such a horrific crime.
     
  • Swami Vivekananda once said, "The best thermometer to the progress of a nation is its treatment of its women". The brutal gang rape and death of the victim expose the harm to both her dignity and societal progress. This tragedy should inspire a movement to end violence, promote respect for women, and raise awareness about gender justice. True change demands strict law enforcement, public sensitization, and a shift in societal attitudes, especially among men. Let this incident be a turning point toward achieving gender equality.
     
  • Juvenile Justice (Care And Protection Of Children) Act 2015:
    A revamped Juvenile Justice Bill was passed in the Lok Sabha on 7 may 2015.It was introduced regarding juveniles that any child aged between 16 -18 who commit a heinous offense would be treated and punished as an adult.

How the situation can be improve:
  • Education and Awareness
    Education and awareness are key to preventing sexual violence and supporting survivors. Public education campaigns can challenge harmful myths about rape and promote respect, consent, and healthy relationships from an early age. Schools, communities, and workplaces should offer programs that teach the importance of consent, boundaries, and mutual respect.

    Raising awareness about legal rights and support services ensures that victims know where to turn for help. These efforts also help dismantle the stigma surrounding sexual violence, encouraging more survivors to speak out. By fostering culture of respect, accountability, and empathy, education can be a powerful tool in addressing and reducing sexual violence in society.
     
  • Legal Reforms
    Legal reforms are essential to effectively combat sexual violence and protect survivors. Strengthening laws related to sexual assault, ensuring stricter punishments for offenders, and closing loopholes in the legal system can help create a deterrent effect. Fast-Track courts ensure quicker trails and reduce the prolonged trauma victims endure.

    Addressing, improving the handling of evidence, providing better training for law enforcement and judicial officials, and removing biases in the system are crucial for fair trails. Reforms should also focus on enhancing victim support services, including legal aid, counseling, and protection from retaliation. A robust and sensitive legal framework is necessary to ensure justice for survivors and prevent future crimes.
Restate the urgency
The need to address sexual violence is immediate and critical. The long-lasting impact on victims and the ongoing prevalence of such crimes demand swift action. Legal reforms, better enforcement, public education, and support systems for survivors must be prioritized to prevent further harm and ensure justice. Every day of inaction allows more lives to be affected, making it essential that society responds with urgency to protect vulnerable individuals and create a safer future.

To reduce RAPE, India needs stronger laws, better education, and a change in how society sees women.

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