This Blog is written By Miss. Tarana Noor Student of Rajasthan school of law for women, Jaipur, Rajasthan.
Introduction
Rape is the 4th most common crime in
India. India tops the list of the world's most dangerous countries for women.
Men here have raped 4-5-8-month-old babies to 86-90 years old woman. India
which was once known for its culture is drastically changing into a dangerous
place for all the women out there. Every hour, every second when a woman is out
there she is worried about her safety and what if the same can happen to her
that has happened to other innocent lives. A woman cannot step outside her
house because now she questions herself with many ifs and buts. What if she is next? Will she be alive the next moment or not? Are the men around her
safe or not? Can she be outside when
it's dark? Whether what she should wear in order to be able to return home
safely? Take a moment to think what if we would have taught the men of this
country about how they should look up to women, maybe today what's happening
would not have happened. But today, no lady can survive it in this country
unless there are strict laws for the safety and security of women and strict
implementation of the same. A woman is afraid to be out there and fight for
herself because of the mentality that the people in our society holds. Every
mother, every daughter, every woman, every girl is shattered and broken by the
disgrace that men have brought to this country and to this society. So that the
women of this society walk freely in this country without any restriction. In
an emerging society like ours, nothing has changed for women. They are still
judged by their clothes. Look at the irony now, it's men who decide what women
should wear. The clothes must be worn on the basis of what suits men's eye.
According to the men of this country women's clothes act as bait or an
invitation or consent for men to rape. It has become more about what a woman
does and neglecting the part of how a man treats a woman. It's not about what
clothes a girl chooses to wear, it should be about how a man sees her, and with
what mentality. It's not about the time at which women should step outside the
house, it should be about how safe a man can make any place for a woman
irrespective of time. It should not be about how women or girls are harassed
and raped, it should be about who did it. We must replace the phrase " Who
was raped" with " Who raped". A woman must be heard. She must be
allowed to raise her voice. She must be given the freedom that she deserves.
Section 375 of
the Indian Penal Code
A man is said to commit “rape” if he—
(a) penetrates his penis, to any extent,
into the vagina, mouth, urethra, or anus of a woman or makes her do so with
him or any other person; or
(b) 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 do so with him or any other person; or
(c) manipulates any part of the body of
a woman so as to cause penetration into the vagina, urethra, anus, or any part
of the body of such woman or makes her do so with him or any other person; or
(d) applies his mouth to the vagina,
anus, urethra of a woman or makes her do so with him or any other person,
under the circumstances falling under
any of the following seven descriptions:—
1. Against her will.
2. Without her consent.
3. 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.
4. 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.
5. 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.
6. With or without her consent, when she
is under sixteen years of age.
Section 376 Punishment
for rape
(1) Whoever, except in the cases
provided for in subsection (2), commits rape, shall be punished with rigorous
imprisonment of either description for a term which
[shall not be less than ten years, but which may extend to imprisonment for
life, and shall also be liable to fine].
Landmark cases
of Rape
1. Tuka Ram And Anr vs State of
Maharashtra, (Mathura Case)
High Court appreciated the observation
given by the learned Sessions Judge that there is a major difference between
sexual intercourse and rape but they forgot to observe that there is a world of
difference between “consent” and “passive submission”.
It was held that:
“Mere passive or helpless surrender of
the body and its resignation to the other’s lust induced by threats or fear
cannot be equated with the desire or will, nor can furnish an answer by the mere fact that the sexual act was not in opposition to such desire or
volition.”
2. Vishaka vs. State of Rajasthan and
Ors., (Bhanwari Devi Case)
Supreme Court held that the sexual
harassment of a woman at a workplace would be violative of her fundamental
rights of gender equality and right to life and liberty under Articles 14, 15,
19 and 21 of the Indian Constitution. The court concluded that such an Act would
be considered as a violation of women’s human rights.
3. Mukesh & Anr. vs. State for NCT
of Delhi & Ors.,
A Bench of Justices Dipak Mishra, R
Banumathi and Ashok Bhushan were unanimously passed the judgment of the Death
penalty to all the accused except juvenile. The juvenile who was equally
involved in the incident and raped the woman was convicted and sentenced to
three years in a reformation center.
4. State of Maharashtra vs. Madhukar
Narayan Mardikar,
Supreme Court opined that “even a woman
of easy virtue is entitled to privacy and no one can invade her privacy as and
when he likes it. Therefore, merely because she is a woman of easy virtue, her
evidence cannot be thrown overboard.” Also, while deciding the cases of rape,
past history of victim’s sex life does not matter, she is very much entitled to
the protection of the law.
5. Independent Thought vs. Union of
India and Anr.,
The Court opined that exception 2 in
section 375 is violative of Articles 14, 15, and 21 of the Indian Constitution
which allows intrusive sexual intercourse with a girl who is below 18 and above
15 years on the ground of marriage. Such an exception clause in Indian rape laws negates
the very purpose of the Prohibition of Child Marriage Act, it violates the
provisions of the Protection of Children from Sexual Offences Act (POCSO). In this
landmark verdict, the Supreme Court has struck down section 375, exception 2 of the
Indian Penal Code.
How Punishment Must
be?
·
Punishment in rape
cases must not be vague but must be severe like it was in Nirbhaya's case, the
rarest of rare punishment, all rape victims must be served justice. Similarly, all the accused must be punished for their criminal activities in a severe manner.
·
The more severe will be
the punishment, the less will be the chances of happening crimes like rape in
India.
Violation of
right to life and personal liberty
·
Rape is a violation of
(the) victim's fundamental right under Article 21 of the Constitution that is
right to life and personal liberty.
Conclusion
Rape is a serious crime. They are alarming calls for society, government, media, and judiciary. It is high
time to amend the laws and improve them along with the emerging society.
Deteriorated laws must be formulated. Rape is rape irrespective of race,
religion, caste, or age. Rape must be taken into account as a serious offense
and so must be the punishment.
According to NCRB data, every 16 minutes a woman
is raped in India and yet hardly any strict action is taken. There is a
necessity for strictness in making and implementation laws for crimes like
rape in order to make India a better and safe place for women to live in or for
now to survive. Every victim must have the right to seek justice. Justice must
not be denied. Justice must be served and on time.
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