Rape is the most heinous crime is still occurring in society. Kathua, unnao, Surat, Manipur, Delhi, the stretching list of gang rape cases across the nation has enlarged people. Last time, something like this shocked peoples conscience was in 2012 when nirbhaya was brutally gang raped in a moving bus in Delhi. The sad part is nothing has changed, even after so many promises at that time. It is stigma which exists in a society from a long time.
The purpose of this paper is to analyse the problem of rape in India and multiple prescriptive and recommend measures for mitigating this crime from country using the much highlighted incident of gang raped and murder of an 8 year old girl in kathua, Jammu Kashmir.
Rape is legally defined in section 375 of IPC, 1860 it defines the rape and also prescribes its punishment whenever a man penetrates or does sexual intercourse with a woman without her consent will it amounts to rape. Section 376 defines punishment for sexual assault whoever except in the cases provided for by sub-section (2) commits sexual assault shall be punished with imprisonment of either description for a term which shall not be less than 7 years but which may extend to 10 years and shall liable to fine. After the anti-rape bill of April 2013 culprits are liable to life imprisonment (which is actually 14 years) imprisonment for entire life and even the death sentence in the rarest of rear cases.
I will never understand why it is more shameful to be raped than to be a rapist. Rape is a criminal offence defined in most states as forcible sexual relations with a person against that person’s will. Rape is the commission of unlawful intercourse or unlawful sexual intrusion. The essential elements of the rape were sexual penetration, force, and lack of consent. Women who were raped were expected to have physically resisted to the utmost of their powers or their assailant would not be convicted of rape. Additionally, a husband could have sex with his wife against her will amounts to rape. Rape is a crime of violence. It is not a sex. Rape is an invasion of a woman’s body in which her private, personal inner space is violated. The act of rape denies women autonomy by abridging her right to determine when, with whom, and how she will to enter her zone of body privacy. In addition to the physical harm, the crime of rape grants man domination over the woman’s zone of body privacy.
There were some reasons for more rape in India:
According to the survey, rape criminal law sentences people to more than seven years in India and even the death penalty. But Indian law also provides that the offender may be released on bail or pay a fine. Because of this, a lot of the rapists have not been punished. Laws should provide fast track courts to deal with such cases,” says Girija Vyas, Chairperson, and National Commission for Women (NCW). According to the survey, the results encourage more people to crime which just a dismal 27 percent of the rape conviction rate in 2006-2007.
Low Status of Women in India
Women were considered inferior to men in social life. On the one hand, a large part of Indian women are illiterate because their family did not send the girl to school for education. As for women, the literacy rate stands at just 54.16 percent. On the other hand, women were prohibited to take part in domestic as well as in external matters. Still, the population of working women just has 25 percent in 2011. Women who smoke, drink, go to bars is considered unethical behaviour in India. The vast majority of female government officials come from high-grade surnames. High-grade surname female government officials will not fight for the right to civilian women.
The Government System
India has a sluggish court system which the inefficiency of the court dealing with the case for only 15 judges. It is so surprised that Delhi high court judge deals with the backlog of cases need 466 years. There are not enough police to protect ordinary citizens in India. Leading to difficulties to obtain evidence and spend a lot of time. Even worse, there is a part of the police have been involved in rape encouraging rape victims to compromise. For example, a 17-year-old rape victim under the police pressure she got married with the attackers. The reason for this compromise is for keeping the peace between the families or ethnicities. India also lacks public safety: a lot of street lighting in India and lack of public toilets. These are factors that induce rape.
Anyone who commits rape should be punished with imprisonment for a term which may extend to 20 years, and needs to be liable to fine or to cane. The assist will be subjected to the punishment of 8 years and caning with at least 12 strokes. Singapore has improved the police system and the court system to rapid processing of cases. So that people will not dare to violate the law.
National Equality and Equality between Men and Women
As Singapore is a multi-ethnic country, equality is the theme of Singapore. Singapore has a special legal protection to equality between men and women: legal protection of the equal status of women in public places and even in the home. In 2011, for the Gender Inequality Index Singapore received a score of 0.086, placing the country at 8 out of 146 countries with data.
There is a famous case called Nirbhaya case, which change the whole definition of rape. In this case, Nirbhaya ,a girl, and her male friend had just finished watching American survival drama “life of pi”, little knowing that their own lives will change forever after moving out of the south Delhi theatre on the cold and dark night of December 16, 2012. As the 23 year old physiotherapist intern and Awindra Pratap Pandey waited at Munrika in south Delhi looking for an auto-rickshaw to reach their home in Dwarka, an off-duty charter bus, with six male occupants, including the driver, stopped by and offered them a ride. The bus moved in a direction which was off route. The unsuspecting friends noticed something was wrong as the doors of the vehicle had been shut tightly. Pandey, who spoke about the incident later, objected. He was shouted down. But he resisted and a scuffle broke out as the men, who were drunk, began molesting Nirbhaya – the name given to the woman later by the media which means fearless. Nirbhaya’s friend was knocked down with an iron rod. What happened later shock the nation, sparked off widespread protests and led many women to break their silence over sexual violence that goes widely unreported in the country. As Pandey lay half unconscious, the drunken men dragged Nirbhaya to the rear of the moving bus and took turns to rape her. As she fought back, one of attackers – a juvenile – inserted a rusted, L- shaped rod – used with a wheel jack – into her private parts, pulling and ripping her intestines apart. Her medical reports later revealed that she had septic injuries on her abdomen and genital organs also. Done with the savagery, the attackers then threw the two out of the moving bus and even tried to run the vehicle over the half- naked blood-soaked woman. But her friend, himself injured, pulled her aside on to the pavement. A passer-by found the two laying half dead and informed Delhi police. Doctors at the Safdarjung hospital found the woman with only five percent intestines left inside her body. This incident changed the whole definition of rape.
There was a huge demand for speedy trial and immediate prosecution in the matter. While five of the accused were tried for the crime before the Additional Sessions Judge in the Special Fast Track Court, the sixth accused, who was a juvenile at the time of the crime, was tried before the Juvenile Justice Board. However, during the trial, one of the accused, Ram Singh was found dead in his prison cell. The remaining accused’s were booked for rape, murder, kidnapping, destruction of evidence, and the attempted murder of the woman’s male companion under Sections 120-B, 365, 366, 307, 376 (2)(g), 377, 396, 302, 397, 201 and 412 of the Indian Penal Code, 1860.
On December 23, 2012 a three member Committee headed by Justice J.S. Verma, former Chief Justice of the Supreme Court, was constituted to recommend amendments to the Criminal Law so as to provide for quicker trial and enhanced punishment for criminals accused of committing sexual assault against women.[vi] The other members on the Committee were Justice Leila Seth, former judge of the High Court of Delhi and Gopal Subramaniam, former Solicitor General of India. The committee urged the public in general and particularly eminent jurists, legal professionals, NGOs, women’s groups and civil society to share their views, knowledge and experience suggesting possible amendments in the criminal and other relevant laws to provide for quicker investigation, prosecution and trial, and also enhanced punishment for criminals accused of committing sexual assault of an extreme nature against women.
The following are the recommendations of the Committee with regard to sexual offences in India:
- Punishment for Rape: The panel has not recommended the death penalty for rapists. It suggests that the punishment for rape should be rigorous imprisonment or RI for seven years to life. It recommends that punishment for causing death or a “persistent vegetative state” should be RI for a term not be less than 20 years, but may be for life also, which shall mean the rest of the person’s life. Gang-rape, it suggests should entail punishment of not less than 20 years, which may also extend to life and gang-rape followed by death, should be punished with life imprisonment.
- Punishment for Other Sexual Offences: The panel recognised the need to curb all forms of sexual offences and recommended – Voyeurism be punished with upto seven years in jail; stalking or attempts to contact a person repeatedly through any means by up to three years. Acid attacks would be punished by up to seven years if imprisonment; trafficking will be punished with RI for seven to ten years.
- Registering Complaints and Medical Examination: Every complaint of rape must be registered by the police and civil society should perform its duty to report any case of rape coming to its knowledge. “Any officer, who fails to register a case of rape reported to him, or attempts to abort its investigation, commits an offence which shall be punishable as prescribed,” the report[xi] says. The protocols for medical examination of victims of sexual assault have also been suggested. The panel said, “Such protocol based, professional medical examination is imperative for uniform practice and implementation.”
- Bill of Rights for Women: A separate Bill of Rights for women that entitles a woman a life of dignity and security and will ensure that a woman shall have the right to have complete sexual autonomy including with respect to her relationships.
The Justice Verma Committee (JVC) report was a landmark statement, applauded by all citizens, welcomed by all Political Parties. JVC was significant because it showed a mirror to the Constitution of India, and reflected its wise and just guarantees of women’s equality. Today the women and youth of India are looking with hope and expectation towards Parliament, and towards all Political Parties. There has been an urge to all Members of Parliament to pass a law upholding the spirit and letter of the Justice Verma Committee; to pass a law that makes a step forward in our collective struggle to end sexual violence in India.
The juvenile defendant was found guilty of rape and murder of the victim under the Juvenile Justice Act by the Juvenile Justice Board on the 31st of August 2013. He was sentenced to three years imprisonment in a reform facility. The remaining four accused, after the death of Ram Singh, were found guilty of rape, murder, unnatural offences and destruction of evidence by the fast-track court. They were sentenced to death penalty by the court on 13th September 2013.
The 2013 Act expanded the definition of rape to include oral sex as well as the insertion of an object or any other body part into a woman’s vagina, urethra or anus. According to section 375 of Indian penal code, A man is said to commit “rape” if he—
Penetrates his penis, to any extent, into the vagina, mouth, urethra or anus of a woman or makes her to do so with him or any other person; or
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 to do so with him or any other person; or
manipulates any part of the body of a woman so as to cause penetration into the vagina, urethra, anus or any part of body of such woman or makes her to do so with him or any other person; or
Applies his mouth to the vagina, anus, and urethra of a woman or makes her to do so with him or any other person, under the circumstances falling under any of the following seven descriptions:
Against her will, and without her consent.
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.
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.
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.
With or without her consent, when she is under eighteen years of age.
When she is unable to communicate consent.
For the purposes of this section, “vagina” shall also include labia majora.
Consent means an unequivocal voluntary agreement when the woman by words, gestures or any form of verbal or non-verbal communication, communicates willingness to participate in the specific sexual act;
Provided that a woman who does not physically resist to the act of penetration shall not by the reason only of that fact, be regarded as consenting to the sexual activity. Exceptions
A medical procedure or intervention shall not constitute rape.
Sexual intercourse or sexual acts by a man with his own wife, the wife not being under fifteen years of age, is not rape.
Although things may have improved on a legal basis but what more needs to be changed is how the society treats a woman. Rape survivors still don’t get the respect they are worthy of and the rapists easily get married. A woman’s character is judged by the length of her skirt. The thought of “log kya kahenge” (what will the people say) still prevails which limits the choices and wishes of a girl. More than what she goes through in her own life, the society inflicts upon her the responsibilities she might not be even ready to take up. It’s a pity that a woman has to beg for equal rights when these rights should have been guaranteed to her since birth.
Rape can be categorized in different ways: for example, by reference to the situation in which it occurs, by the identity or characteristics of the victim, and by the identity or characteristics of the perpetrator. These categories are referred to as types of rape. The types of rape described below are not mutually exclusive: a given rape can fit into multiple categories, by for example by being both a prison rape and a gang rape, or both a custodial rape and the rape of a child.
The term “date rape” is used to refer to several types of rape, broadly acquaintance rape, which is a non-domestic rape committed by someone who knows the victim.Acquaintance rape can occur between two people who know one another usually in social situations, between people who are dating as a couple and have had consensual sex in the past, between two people who are starting to date, between people who are just friends, and between acquaintances. They include rapes of co-workers, schoolmates, family, friends, teachers and other acquaintances.
Gang rape occurs when a group of people participate in the rape of a single victim. Rape involving at least two or more violators (usually at least three) is widely reported to occur in many parts of the world.
Also known as marital rape, wife rape, husband rape, partner rape or intimate partner sexual assault (IPSA), is rape between a married or de facto couple.
Rape of Children
Rape of a child is a form of child sexual abuse. When committed by another child (usually older or stronger) or adolescent, it is called child-on-child sexual abuse. When committed by a parent or other close relatives such as grandparents, aunts and uncles, it is also incest and can result in serious and long-term psychological trauma. When a child is raped by an adult who is not a family member but is a caregiver or in a position of authority over the child, such as school teachers, religious authorities, or therapists, to name a few, on whom the child is dependent, the effects can be similar to incestual rape.There were many cases of child rape:–
8-Year-Old Raped in Kathua
An eight-year-old innocent girl was brutally raped for days. She was sedated, tortured before finally killing her inside a temple. The nomadic girl had gone missing on January 10 and her body was recovered from the Rasana forest on January 17. Why was she raped? Well, according to the investigation, it came out that the innocent Bakherwal girl was raped and killed to make the nomads move out of the area in fear. Yes, just to make them leave Kathua.
Sitapur Gang Rape
A father allegedly ‘gifted’ his daughter to his friends and later joined them to gang-rape her in Sitapur district, about 70 km away from Lucknow. Isn’t it disgusting?
13-Years-Old Raped 9-Year-Old in Uttar Pradesh
This is even more shocking; a 13-year-old boy allegedly raped a nine-year-old girl at his home in Manipuri, Uttar Pradesh. The boy had reportedly lured the girl with a silver ring. According to police the alleged rape was committed on Wednesday when the girl was alone at home. The suspect had lured her to his house and committed the crime.
10-Years-Old Raped and Killed in Chhattisgarh
A 25-year-old man raped and then killed a 10-year-old in Chhattisgarh during a wedding. Police said the 25-year-old accused, who has been arrested, admitted to have raped and killed the child by smashing her head with a stone. Finding everyone involved in the wedding, he lured the girl away and committed the crime. The body of the child was found dumped in a dry riverbed in the village.
11-Years-Old Raped in Assam
In Nagaon district in Assam, an 11-year-old girl was raped and then burnt alive, an entire village came together to help the police catch the accused. A 21-year-old and two minor boys from the same village have already been arrested. At LalungGaon, 150 kilometres from state capital Guwahati, the girl who was all alone at home was raped on March 23.
4-Months-Old Baby Raped in Indore
What was her fault? Was she wearing revealing clothes? Or did she invite rape? A four-month-old baby was raped and murdered in the Rajwada area. The infant’s body was found in the basement area of the heritage Shiv Vilas Palace, blood smears on the stairs telling a horror story.
Some Famous Cases and Most Brutal Rape Cases in India
Shopian Rape and Murder Case
On 29th June 2009, two sisters in laws went missing from their house in Shopian district, Jammu and Kashmir. On the next day, their bodies were found, one kilometre away from their house. Both the women were raped and then murdered. As the news spread, hundreds of people, including a large number of women gathered on the streets, went protesting. No FIR was registered on the spot, but when this case spread, the police filed the FIR report after 11 days.
Geeta Chopra Rape and Murder
Geeta Chopra and her brother Sanjay Chopra, two teenagers who were first kidnapped and then murdered in New Delhi in the year 1978. Two men, Jasbir Singh and Kuljeet Singh were convicted kidnappers, kidnapped the duo for ransom, but then after getting to know their family backgrounds, they killed Geeta and her brother. They also rape Geeta before murdering her. After a few months, they were arrested while escaping on a train. Both culprits were found guilty and hanged till death in 1982.
Soumya Rape and Murder Case
Soumya, a 23 year old woman was travelling from Ernakulam to Shornur, Kerala. On 1st Feb 2011, she aboard a passenger train. After several minutes, when the train reaches the Vallathol Nagar station, the convict, named Govindachami a 33 year old man, tried to rob her and smashed her head on the wall, and threw her out of the train. He carried her to the woods near the railway track and raped her. Soumya died the very next month in a government medical school. The criminal was caught and hanged.
Anjana Mishra Rape Case
Anjana Mishra rape case was one of the many high profile rape cases in India, which took place in Orissa in 1999. The then Chief Minister J. B. Patnaik and his friend, former Advocate-General of Orissa Indrajit Ray were both accused by Anjana of having played a role in the incident.
Anjana and her friend were travelling in a car on the very day of the incident when they were intercepted by three men and gang raped in front of her friend. Two out of three culprits were arrested and sentenced to life imprisonment and a fine of 5000 each. The rape case spoiled the ruling party’s image.
Ajmer Rape Case
In 1992, India again witnessed a brutal and inhuman case of coerced sexual exploitation in Ajmer, Rajasthan. A gang, with evil intentions, befriended over 100 of school girls and then raped them. They photographed them to further exploit the victims. After being raped, depressed victims committed suicide. Eight people were arrested after an intense investigation of police and women-focused NGO’s, and sentence them to life imprisonment. And look at the irony, even after this, state court decided to reduce their life sentence to 10 years of imprisonment.
Mathura Rape Case
The Mathura rape case is an incident of custodial rape or prison rape in Chandrapur district of Maharastra. On 26 March 1972, a 15 year old tribal girl named Mathura was reportedly raped by two policemen in the compound of the Desai Ganj Police Station.
Earlier on the same day she and her brother were summoned to the police station along with a person named Ashok who was charged for kidnapping. Following the investigation, they let Ashok and his family go, but they asked Mathura to stay behind while her brother waited outside. That was the time when they raped her. They went to court after court, but there was no justice granted.
Bahraich Rape Case
This case takes us to the Bahraich district of Uttar Pradesh, where a 15 year old was murdered and her body was found hanging from a tree. The girl was kidnapped from her home at Nanpara just 160 kilometres from Lucknow. According to the reports three people first raped and killed her, and later hanged her dead body to the tree to make it convincing of a suicide. After investigation several police constables were suspended for failing their duties.
Mumbai Gang Rape Case
2013 Mumbai gang rape was executed by five individuals in the abandoned Shakti Mills compound, Mahalaxmi, Mumbai. On August 22, 2013, a 22-year-old photojournalist with her male colleague went to the deserted compound on an assignment. Five men attacked them, tied the male colleague and molest the photojournalist.
They also threatened both of them to not to report this incident. She gave her statement to police after four days on the 26 August, after receiving medical treatment from Jaslok Hospital. In her statement, she bravely said that, “I want no other woman in this city and country to go through such a brutal physical humiliation.
Perpetrators should be punished hardly, they have ruined my life. No punishment short of a life term will take away my pain, humiliation and physical abuse I underwent. Rape is not the end of life. I will continue my fight.” This spread like a fire in the jungle, and soon the police were able to catch those culprits in 65 hours. On April 4, three of the culprits were sentenced to death while two of them were awarded with the life sentence.
Delhi Gang Rape and Murder Case
16 December 2012 is the darkest day in the history of India. Delhi Gang rape and murder case was one of the most brutal cases not only in India but in the world. A 23 year woman and her friend were on their way to home from Saket to Dwarka. On their way, near Munirka, they aboard an off duty private bus to reach their final destination.
Soon after some time, the male passenger, Awindra Pratap Pandey found that the bus was deviated and not going where they thought they were going. He was beaten by six people who were already on board with an iron rod and knocked unconscious. Then six of them of which one is a juvenile forced the woman, raped her and then he injected a wheel jack handle rite into her genitals, which damaged her abdomen and intestine. Their cruelty didn’t just end here, they threw both of them out from the moving bus, and vanished out of the spot. After a week of treatment, she died in a hospital in Singapore. All the six people were arrested and one of them Ram Singh committed suicide in trial period in jail. Four of them were hanged and the young boy under 18 is sent to a juvenile home.
Kathua Rape Case
The entire nation was shell shocked after discovering one of the most barbaric rape cases in the country in recent years, where an eight year old girl named Asifa was allegedly gang raped by six men who abducted her and kept her in captivity in a temple situated near the village in Kathua district, Jammu Kashmir.
She was brutally killed after being sexually assaulted once again inside the temple premises. The eight year old belonged to the Bakarwal nomadic minority tribe who are traditionally shepherds. As per the charge sheet filed by the J&K police, the abduction and rape were a planned strategy to eradicate the nomadic community from the area.
Punishment for Rape in India
According to section 376 of Indian penal code, 1860, (1) whoever, except in the cases provided for in sub-section (2), commits rape, shall be punished with rigorous imprisonment of either description for a term which shall not be less than seven years but which may extend to imprisonment for life, and shall also be liable to fine
- Being a police officer, commits rape-
- Within the limits of the police station to which such police officer is appointed; or
- In the premises of any station house; or
- on a woman in such police officer’s custody or in the custody of a police officer subordinate to such police officer; or
- Being a public servant, commits rape on a woman in such public servant’s custody or in the custody of a public servant subordinate to such public servant; or
- being a member of the armed forces deployed in an area by the central or a state government commits rape in such area; or
- being on the management or on the staff of a jail, remand home or other place of custody established by or under any law for the time being in force or of a women’s or children’s institution, commits rape on any inmate of such jail, remand home, place or institution; or
- Being on the management or on the staff of a hospital, commits rape on a woman in that hospital; or
- Being a relative, guardian or teacher of, or a person in a position of trust or authority towards the woman, commits rape on such woman; or
- Commits rape during communal or secretion violence; or
- Commits rape on a woman knowing her to be pregnant; or
- Commits rape on a woman when she is under sixteen years of age; or
- Commits rape, on a woman incapable of giving consent; or
- Being in a position of control or dominance over a woman, commits rape on such woman; or
- Commits rape on a woman suffering from mental or physically disability; or
- While committing rape cause grievous bodily harm or maims or disfigures or endangers the life of a woman; or
- commits rape repeatedly on the same woman,
Shall be punished with rigorous punishment for a term which shall not be less than 10 years, but which may extend to imprisonment for life, which shall mean imprisonment for the remainder of that person’s natural life, and shall also be liable to fine.
Explanation- for the purposes of this sub section
- “armed forces” means the naval, military and air forces and includes any member of the armed forces constituted under any law for the time being in force, including the parliamentary forces and any auxiliary forces that are under the control of the central government or the state government;
- “Hospital” means the precincts of the hospital and includes the precincts of any institution for the reception and treatment of persons during convalescence or of persons requiring medical attention or rehabilitation;
- “’police officer” shall have the same meaning as assigned to the expression “police” under the police act, 1861;
- “women’s or children’s institution” means an institution, whether called an orphanage or a home for neglected women or children or a widow’s home or institution called by any other name, which is established and maintained for the reception and care of women and children.
Last but not least, I want to conclude that there is a need to focuses on how to reduce rape. In the course of this analysis, I finish by stating that the social status and self-protection of women to get a correct understanding, and trying to find some solutions to reduce rape. Rape is a heinous act which hurts a lot of people. Especially, in some developed countries, rape would be more serious. Therefore, doing research to reduce rape is necessary. The study concludes that the need is improvement of law, improve the status of women in society, to learn self-defence skills and reduce the abusing of alcohol that is an efficient way to solve rape. In my opinion, a safe social environment can be conducive to the development of society. Rape is an important factor affecting social security. If we want a wonderful, safe living environment, we should contribute to reduce rape.
 Student, B.B.A LL.B (Hons), ICFAI University, Dehradun.
 Student, B.B.A LL.B (Hons), ICFAI University, Dehradun.
 Rape, The free dictionary, https://www.legal-dictionary.thefreedictionary.com/rape.
 Reducing Rape in India, Ukessays, https://www.ukessays.com/essays/criminology/how-to-reduce-rape-criminology-essay.php.
 Criminology Essays, UKEssays, https://www.ukessays.com/essays/criminology.
 Criminal Law Amendment, Lawoctopus (December 9, 2019), https://www.lawoctopus.com/academike/criminal-law-amendment/.
 Supra Note 9.
 Indian penal code 1860, Section 375
 Humphreys, Terence Patrick (1993).
 Neumann, Stephanie, Gang rape: examining peer support and alcohol fraternities.
 Gidyz, C.A; koss, M.P. (1990)
 Finkelhor and yllo(1985) and Bergen(1996).
 6 Horrendus rape cases in 2018, Indian Times (December 9, 2019), https://www.indiantimes.com/news/india/6-horrendous-rape-cases-in-2018.
 10 worst and most brutal rape cases in India, Ranked (December 9, 2019), https://www.ranked.com/10-worst-and-most-brutal-rape-cases-in-india/.
 Indian penal code 1860, Section376.