"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:
- Is rape an "ordinary crime" that one should forget?
- Is imprisonment for a person is ok after doing this hideous crime?
- Is marital rape ok? Is justice which is given on time?
- Do women have the right to liberty, freedom, and equality to live in
this country?
Objectives:
There are two reasons for this research objective.
- 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.
- 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:
- Obscene Acts and Songs (S . 294)
- Assault or criminal force on woman with Intent to Outrage her Modesty
(S. 354)
- Sexual Harassment (S. 354A)
- Assault or criminal force on women with intent to disrobe (S. 354)
- Voyeurism (S. 354)
- Stalking (S. 354D)
- Unnatural offenses (S.354 C)
- Word, Gesture, or Act intended to insult the modesty of women (S. 354B)
Critical Analysis:
- 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.
- 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.
- 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:
- Nirbhaya Gang Rape
- Hathras Case
- Priyanka Reddy Case
Other Case Laws:
- Tuka Ram And Anr Vs. The state of Maharashtra, AIR 1979 SC 185
- Mukesh & Anr Vs. State For NCT Of Delhi & Ors, Criminal Appeal Nos.
607-608 OF 2017
- Independent Thought Vs. Union of India and Anr., Writ Petition (Civil)
No. 382 OF 2013
- Vishaka Vs. State of Rajasthan and Ors., J.T. 1997 (7)
End-Notes:
- http://docs.manupatra.in/newsline/articles/Upload/535B4F9F-4315-4F30-B4C4-DE7DE66983BC.pdf
- 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
- https://www.ijlmh.com/paper/marital-rape-license-to-rape-or-not/
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