Let us first understand the meaning of rape. Rape can be defined as a forceful action to raise the modesty of a woman or a girl. Legally speaking if a person is indulging in an intercourse even with the consultation of the minor girl below 18 years of age that will be amounted as rape. Forcing a girl or woman against her will to do a sexual favour is also rape. As you all aware the heinous rape crime of Nirbhaya in Dec 2012. This incident shocked the nation and huge demonstrations were held in Delhi. Government has brought strict law after Nirbhaya case but still the incidents are increasing. The rapist do not have any fear of death and the number of cases is increasing day by day. I would like to present some rape data here. The data are below according to the national crime record bureau.Please visit www.ncrb.gov.in crime in India 2015- statistics 2015-table 5.3 last table.
YEAR---- No. of Rape
2010 -- -- 22172
2011 ---- 24206
2012 ---- 24927
2013 ---- 33707
2014 ---- 36735
2015 ----- 34651
Source: Courtesy National Crime Record Bureau. www.ncrb.gov.in
The definition of rape and IPC provisions in"The criminal law amendment act-2013"
The rape has been committed, will be considered in the following conditions:--
Exception-A medical procedure will not be rape, the sexual act by husband with his wife above 15 years of age will not be rape.
Indian Penal code provisions regarding rape
"The criminal law amendment act-2013" (source:www.indiacode.nic.in)
Section- 375-- Rape.
Section- 376-- Punishment for rape.
Section -376-A-- Intercourse by husband with his wife during separation.
Section -376-B-- Intercourse by public servant with woman is his custody.
Section- 376-C-- Intercourse by superintendent of jail, remand home in-charge.
Section- 376-D-- Intercourse by any member of the management or staff of a hospital
Section- 376-E -repeat offences
Section -166-A Public servant disobeying direction under law
Section -166-B Non treatment of victim by hospital
Section- 326-A Acid attack
Section- 326-B -Attempt to Acid attack
Section- 354-A -Sexual harassment of the nature of unwelcome physical contact and advances or demand or request for sexual favours, showing pornography.
Section -354-B- Assault or sue of criminal force to women
Section- 354-C -Voyeurism
Section- 354-D Stalking- Imprisonment up to 3 years with fine for 1st conviction.
The main causes of rapes in India
Suggestions to eradicate/ minimise the incidents of rape cases
I appreciate the author for pitching a bold and relevant article which has all the details and even solutions to this big crime being committed on women. There are short backs in our society which leads to such happenings often. A girl or women should not venture out alone during night time and if at all need arises, she must accompany with other friend or relative. What i feel that no body dare to commit a crime when two or more people move in unison. Likewise each girl must be trained at the home by the parents that in the eventuality of such happening on her, how should she get protected and come out of the situation. Parents especially mother must teach the girl on how to get protection from such behavior from the male. And as far as possible the girls must wear closed dress as that would not only protect her but also gives a dignified looks. Most of the rape cases reported and on arrest it was told that revealing dress was the cause of that act.
An excellent article from Mr. Sharma. He has statistically established the facts that the menace of rape has been increasing over the years. Besides this, in traditional societies like India, many of such incidents go unreported because of social stigma. I feel that the incidents of rape take place when eve-teasing, voyeurism, etc go unchecked. Watching pornography is another reason for increasing incidents of rape.
Now the next part is how to deal with this menace. I think that pervert eve-teasers, voyeurs and porno-watchers may be counselled psychologically at the first stage. Second step which is required is little bit of thrashing. The police can occasionally round up the romeos moving around the girls' schools and colleges all over the country. All girls must learn at least some self-defence techniques. The girls and ladies who return late from office must carry pepper-powder and a sharp & small knife with them which provide preliminary protection in emergencies. The helpline number of Police should be remembered by them. The working ladies or students must avoid asking or taking lift. Even if they are late,they must wait for public vehicles. These small but practical steps would help a lot to reduce this blot to a large extent.
Finally the judiciary must also seriously consider to modify the trial procedure in rape cases. In-camera trial should be considered for rape cases. The society should also change the attitude towards rape survivors. Instead of the rape survivors and their families, the rapists and their families should be socially ostracized.