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Research On Rape

"Save Her Dignity"

Rape is not just a word; it is the worst feeling for women to face without making mistakes. "Rape" means physically touching the private parts of any female without her consent or in legal language. It is called sexual assault.

This is the most common and unseen problem which females face. In most jurisdictions, rape is defined as sexual intercourse or other forms of sexual penetration carried out without the victim's permission by a perpetrator. Governmental health agencies, police enforcement, health practitioners, and legal professionals have different definitions of rape. It has changed over time and across cultures.

Rape originally had no sexual connotation and is still used in English in other circumstances. It was categorized as a kind of crimen vis, or "attack crime" in Roman law. Raptus was referring to the kidnapping of a woman against the will of the male who ruled over her, and sexual intercourse was not a requirement.

Rape is a sexual assault in which a person is subjected to sexual intercourse or other formal penetration without consent. Physical force, coercion, abuse of authority, or against a person who cannot give a valid license, such as a person who is asleep, disabled, has an intellectual handicap, or is under the legal age of consent, can all be used to carry out the act. The terms rape and sexual assault are occasionally used interchangeably.

There are so many types of rape which are as follows:
  • Marital Rape,
  • Gang Rape,
  • Prison Rape,
  • Rape Of Children,
  • Statutory Rape,
  • Corrective Rape, etc.

Issues:
  1. Is rape an "ordinary crime" that one should forget?
  2. Is imprisonment for a person is ok after doing this hideous crime?
  3. Is marital rape ok? Is justice which is given on time?
  4. Do women have the right to liberty, freedom, and equality to live in this country?

Objectives:
There are two reasons for this research objective.
  1. The first one is because of this article; people will know that t yes, women will fight now even if they have the right to liberty, according to Article 21.
  2. The second reason is that fighting for women's rights is essential as they are the country's future.
"I measure the country's progress by the degree of progress which women achieved" B.R. Ambedkar.

Sections
Women's issues other than rape, the sexual offenses listed in the IPC are:
  1. Obscene Acts and Songs (S . 294)
  2. Assault or criminal force on woman with Intent to Outrage her Modesty (S. 354)
  3. Sexual Harassment (S. 354A)
  4. Assault or criminal force on women with intent to disrobe (S. 354)
  5. Voyeurism (S. 354)
  6. Stalking (S. 354D)
  7. Unnatural offenses (S.354 C)
  8. Word, Gesture, or Act intended to insult the modesty of women (S. 354B)

Critical Analysis:
  1. Rape[1] is not an ordinary crime that should forget. It is a crime that makes a girl's life hell as it is not only [2]a physical touch; it is a mental touch that is very difficult to forget, and if a girl wants to ignore it, society doesn't want that she forgets it as according to them she is not as pure as before as in India people judge a girl by his side of the body, her color, her virginity, etc. so this is the worst situation which is created for he,r but before going to the social point I will like to go first on the legal issue

    According to section 375 in an IPC, touching a girl on her private parts without her consent can be said as rape, so for this dangerous imprisonment for whole life is less they should be directly hanged, and before doing that, they should be given some more hazardous punishment so other people who think that doing rape is a simple thing.

    They will not get punished and get the live idea that, yes, this is a hideous crime, and before doing any wrong, they will think twice. In the Nirbhaya case, the three culprits who have committed a monstrous crime like rape are hanged after seven years of fighting the case in different courts, so here we can say that justice is there; we need to be patiewithfor it.

    But according to the argument of the defendant's lawyer A.P.Singh, if this culprit gets hanged, this is a violation of article 21, which right to liberty is a short right to life, so I would like to comment on this argument that does they have the right to life after doing this hideous crime. There should be a law that every person who raped should be hanged because this will be a great message to society This should teach their boys those respect girls.

    Statistical Data
    • According to the NCRB (National Crime Record Bureau) 2018 annual report, 33,356 rape cases were registered in India, with 31,320 (or 93.9 percent) being committed by a known individual.
    • Every fourth rape victim in India is a juvenile
    • Approximately half of the victims are between the ages of 18 and 30
    • In general. 72.2 % of rape victims are over 18, while 27.8% are under 18.
    • Madhya Pradesh has the most rape instances, with 5,4333 incidents reported in 2018, followed by Rajasthan (4,335), Uttar Pradesh (3,946), and other states.
       
  2. There are different types of rape; in India, every rape is considered rape, and even there is a proper punishment, but in India, marital rape is not rape as here the woman or girl who is raped is married. According to section 376 of IPC, it is not considered a statutory offense.

    The best example of this is a landmark judgment of the Kerala high court on 6 august 2021 because, according to this judgment, if rape happens with a married woman, she can file the divorce for it; there is no other law for this cruelty.

    This is the biggest issue we can consider in the whole rape is punishable, at least in other rapist, and it is regarded as rape, not like marital rape. So, according to my analysis, every woman, married or married has his dignity; no one has the right to touch her, and this judgment is wrong, in my opinion, because without consent, no one means no one can touch her.

    This is a hypocritical judgment because, in section 375, there is a paragraph of will and support, and in a marital rape case, they are making it a family law case and telling the lady who is raped to file a divorce. So according to my solution, there should be clause name 375 A, which should include the punishment for this cruel crime, and this will make them realize that yes, after marriage al. Hence rape is a hideous crime to do because of this judgment there is a wrong impact in society that after marriage there is no need of consent.

    My sub-point and issue are whether justice is given on time or not in rape cases; according to the analysis, it takes too much time to provide justice to a victim. E.g., Nirbhaya's case is seven years, so the issue is that the judgment given in India is very time-consuming. Because of this so many people are even not filing the case thinking that who will waste time in the courts, and this will lead to an increase in crime because criminals don't fear what they are doing.
     
  3. According to the issue the above three articles which I mentioned, which are articles 14, 19, and 21 is, women getting it, and the answer is no and why no I will explain in three points:
    Right to liberty:
    every person in this country has the right to freedom to live a life, and they can live freely or go out whenever or at whatever time but women's there are times for a night the live example is Delhi, the crime city women's are not going out after six even though they want to why because if they go out they will be raped or they will be get assaulted by man's so here the rights of women are getting harmed. Solution: here is the answer for this stop asking your daughter to come on time instead of teaching your sons to respect women.

    Right to freedom of speech and expression:
    according to article 19 of the Indian constitution, there is a right to freedom of speech and expression in every situation, but here also women don't get it; after being raped, society knows that t yes, they are not wrong even though they are telling her not to speak[3] because if she will talk about it or take any action about it the dignity of the family will get harmed here in Indian society the satisfaction is not that important, or the pain of her is not essential than the dignity of his family.

    Right to Equality:
    according to article 14 of the Indian constitution, everyone in this country is equal. There is no biasness, but it is only in the book. Equality is not seen in real life, for Indian women are not treated like men. For example, if a daughter wants to study after graduation, her parents will not allow her because she is a girl, so equality is not seen in India.
    The solution is the upbringing of a son should be proper, and society should change its thinking.


Every coin has both negative and positive points. We are talking about rape. The positive points are legal, courts, the government, and even some people in society are taking it seriously and taking action against it. If here we can see everyday people get scared even for filing a case against the crime even though they know their daughter is right. Still, there is a good change in people. Even courts are trying for women (victims) to get justice earlier and get proper justice.

If they are talking about the government, they are making strict rules and laws against this hideous so people will get afraid. They will think twice while committing this crime, so positive changes occur. Here the positive change is 30 percent other 70 percent, and we can say that we need change. In negative points after a girl is raped, she doesn't have respect in society[4]

As according to the orthodox thinking she is the problem even though they know that yes wrong thing is month her, after being raped she cannot go out also because people or society is ashamed of her that yes this the girl who is coming late from work or wearing short clothes and because of that stuffs she has been raped.

Case Analysis:
Three Cases Are The Most Highlighted And Worst Cases That Can Ever Happen.
Three Are As Follows:
  1. Nirbhaya Gang Rape
  2. Hathras Case
  3. Priyanka Reddy Case

Other Case Laws:
  1. Tuka Ram And Anr Vs. The state of Maharashtra, AIR 1979 SC 185
  2. Mukesh & Anr Vs. State For NCT Of Delhi & Ors, Criminal Appeal Nos. 607-608 OF 2017
  3. Independent Thought Vs. Union of India and Anr., Writ Petition (Civil) No. 382 OF 2013
  4. Vishaka Vs. State of Rajasthan and Ors., J.T. 1997 (7)
End-Notes:
  1. http://docs.manupatra.in/newsline/articles/Upload/535B4F9F-4315-4F30-B4C4-DE7DE66983BC.pdf
  2. Sentencing In Rape Cases: A Critical Appraisal Of Judicial Decisions In India, Ved Kumari and Ravinder Barn, Journal of the Indian Law Institute, Vol. 59, No. 1 (January-March 2017), pp. 1-25 (25 pages), https://www.jstor.org/stable/26826588
  3. https://www.ijlmh.com/paper/marital-rape-license-to-rape-or-not/

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