Say No To Rape – A World Where I Will Be Safe
Author: Kritika Mundra,
Amity University, Kolkata.
Rape in India is increasing tremendously. Dictionary meaning of rape is outraging the modesty of women with the use of external force and violence. In India, rape is a cognizable offence. The women who is subject to such kind of action, is traumatised. The offence of rape found in Indian Penal Code,1860. It defines and provides punishment for rape.
What is rape?
SEC 375 of Indian Penal Code, 1860, defines rape as:
A man is said to commit “rape” who, except in the case hereinafter excepted, has sexual intercourse with a woman under circumstances falling under any of the six following descriptions, it should be against her will and consent and even if she is giving her consent, it should be due to force or threat to her life or threat life of her loved ones. It also amounts to rape if the consent is taken by intoxication or unsoundness of mind and she is not able to understand the consequence of her giving the consent. If a girl is below 16 years old, even if she gives consent, it would amount to rape. To prove the offence of rape, penetration, if proved, would be sufficient. After the amendment in the section in the year 2013, even marital rapes were included which was previously not included.
And S- 376 states that the person so commences such offences shall be punished with seven years of imprisonment to life term imprisonment.
Under Sexual offences Act, which came into force in 2004, defines when a person intentionally penetrates the vagina, anus or mouth of another person with his penis, without the consent of that person.
There was a tremendous increase in rape stating from the period 2001-2011. National Crime Record Bureau stated that there were around 50000 rapes recorded during that period. On 16th December, 2012 there was a heinous rape recorded which shook the entire country. There was an urge to change the existing law. Thus, an amended was brought in the year 2013 which came to be known as 2013 Criminal Law Amendment. Words like Stalking, acid attack, and threat to rape was added in the existing definition of law. New sections were brought in Both Indian Penal Code and Code of Criminal Procedure.
Do these changes have impact in the society?
Though there has been a change in the criminal law, there has been no considerable effect in the no. of rapes in a year. The rapes are increasing as the days are passing. India has become one of the most dangerous country for women. The northern states like Haryana have been recorded as one of the leading states which has the highest no. of rapes recorded. Even Delhi has a high rape record. The most horrifying rape cases include the NIRBHAYA CASE of Delhi.
The most recent rape case of a Hyderabad girl, who was brutally raped and burned to death, was one of the most disheartening and unbelievable case which took the entire country on a huge cry for the want of justice.
The no. of cases of rapes till 2017 are just getting double According to National Crime Record Bureau, on an average of 17 years, 67 girls were being raped every day, that is 3 women on an average of every hour, many of the cases gets recorded and many remains unrecorded.
Due to slow process of the countries judicial system relating to rape, prolonged hearing and delay in justice have led to increase in rape. Many of rape cases are not recorded because of the mental harassment that one has to suffer. The increasing corruption is one of the most important factors here. The suspect can get away easily because of the corrupt police officers. They know that if they are able to bribe the officials, they can easily wash away their hands off the crime. Some of the officials even rape the women. The women in villages are shammed and disgraced if they bring a matter of rape in front of the world. This shame kills the person and she die even before justice can be done to her. The 2013 amended the criminal law relating to rape and strengthen the law by abolishing the punishment of giving imprisonment for less than 7 years. But even if the accused has powerful and sourceful connection, he can do away with his term of imprisonment within 3-4 years of rigorous imprisonment. Even after 2013, there has been considerable increase in the no. of rapes. There is a considerable gap between these new policies and the cases which are pending in the court.
Girls who were short dresses, who move out late at night, are considered to be the primary reason for the increasing rape. Instead of teaching their sons, the women are taught how to dress well and they are not allowed to go out at night alone. This hippocratic thinking of the people needs to be changed. The death penalty should be made mandatory for the people who are accused for the offence so that justice can be provided without getting delayed and without being coloured by politics. Delay in hearing, shamming the women for not reporting rapes, should be stopped. Instead of shaming the women, rehabilitation centres should be set up so that they can be brought back to the society. People at the rural areas should be educated and the Laws should be spread so that they are made aware. If the world statistics comparing the countries which is not safe for women, India is among the top countries in this regard and this is not a good sign. The people have to be made alert. Girls should be given self defence training. Sex education should be an important part of the curriculum in every school. If this continues, this country will become even more unsafe for women in the near future. Beti bachao is not only a slogan, it have to be implemented and the lives of them have to be saved or else every woman will be fearing to work or go out with the thought that they can be rapped at any time.