Rape issue in India

Introduction:

The research as about the rape issue that is happening in India. I have chosen this topic because every day I see a rape case or any other related cases in the news. Rape is a type of sexual assault usually involving sexual intercourse, which is initiated by one or more persons against another person without that person’s agreement. The act may be carried out by physical force, coercion, abuse of authority or against a person who is incapable of valid agreement, such as one who is unconscious, incapacitated, or below the legal age of agreement.

The problem of rape is becoming more and more serious in different parts of India. Rape in India has been described as one of the most common crimes against women. Rape and violence against women are a massive problem in India. According to 2012 statistics, New Delhi has the highest number of rape reports among Indian cities, while Jabalpur has the per capita incidence of reported rapes. Sources show that rape cases in India has doubled between 1990 and 2008. According to the Indian National Crime Records Bureau, crimes against women have increased by 7.1% since 2010. The number of rapes reported has also risen. Nearly 1 in 3 rape victims in India is under the age of 18. One in 10 are under 14. Every 20 minutes in India, a women is raped.

India is ranked number third for the number of rapes reported each year and the first is United States. In India, a country of over 1.2 billion people, 24,206 rapes were reported in 2011, but the experts say that the number of unreported cases of rapes is greater than the reported cases. Most of the rape cases are not reported due to shame and considered as unfit for marriage. Since the gang rape of a 23-year-old student on a moving bus in New Delhi last year, India has become the world’s rape capital. In the three months after the Delhi gang rape, the number of rapes reported in the city more than doubled to 359, from the 143 reported in January-March of 1012.

Problem Statement:

The problem of rape is becoming more widespread in different parts of India as indicated by several journals. It has been reported that every hour, 18 women face harshness in the Central state of Madhya Pradesh, highest in rape and molestation cases. Previously, this problem was not taken seriously and therefore, the incidence of rape was fast increasing. Unlike in the United States of America, India also do not have reliable, accurate and up-to-date data regarding various social problems including rape. Needless to say, rape deserves urgent studies.

There is a shocking increase in the incidence of rape in India, more particularly rapes affecting children. Not all the cases of rape has been reported to the police due to shame, considering that no one will marry and many other reasons.

Concept of rape:

According to the Indian Penal Code, 1860, (section 375), “A man is said to commit rape, who except in the case here in after excepted, has sexual intercourse with a women under circumstances falling under any of the following five descriptions:

a)      Against her will.

b)      Without her agreement.

c)      With her agreement, when her agreement has been obtained by putting her in fear of death or of hurt.

d)     With her agreement, when the man knows that he is not her husband, and that her agreement is given because she believes that he is another man to whom she is or believes herself to be a lawfully married.

e)      Fifthly, with or without her agreement, when she is under sixteen years of age.”

Maximum Rapes in India recorded in the states:


West Bengal and Andhra Pradesh have earned the doubtful distinction of leading a list of states where crime against women in 2011 was highest. With 7.5 percent share of country’s population, West Bengal accounted for nearly 12.7 percent of total crime against women by reporting 29,133 cases. The National Crime Records Bureau figures show that Andhra Pradesh, accounting for nearly 7 per cent of the country’s population, recorded 12.4 per cent of total crime against women with 28,246 cases. Madhya Pradesh reported the highest number of rape cases (3,406) accounting for 14.1 per cent of total such cases reported in the country. Rape cases have been further categorized as incest rape and other. Incest rape cases have decreased by 7.3 per cent from 288 cases in 2010 to 267 cases in 2011 as compared to 9.2 per cent increase in overall rape cases. Maharashtra (44 cases) has accounted for the highest (15.3 per cent) incest rape cases.

The national capital Delhi has reported 17.6 per cent of rape cases, 31.8 per cent of kidnapping and abduction cases, 14.0 per cent of dowry deaths and 10.1 per cent of molestation cases among 53 mega cities, the NCRB report said. The national capital Delhi has reported 17.6 per cent of rape cases, 31.8 per cent of kidnapping and abduction cases, 14.0 per cent of dowry deaths and 10.1 per cent of molestation cases among 53 mega cities, the NCRB report said.

Punishment for Rape in India:

Punishment for rape in India depends on the type of rape.

  1. According to the Section 376 (2)-f, if a victim rapes a women who is under 12 years old, the minimum punishment is from 7 to 10 years.

  2. According to the Section 376 (2)-e, if a victim rape a women, knowing her to be pregnant, rough imprisonment for a term which shall not be less than 10 years and shall also be liable to fine.

  3. According to the Section 376 (2)-g, if a women is raped by one or more in a group of persons (gang rape), each of the persons shall be considered to have committed gang rape within the meaning of this sub-section. Thus even if five men force a women into having sexual intercourse with only one of them, the remaining four will also be considered to have committed rape under this law. Punishment for this type of rape is imprisonment for a term which shall not be less than ten years but which may be for life and shall also legally responsible for fine.

  4. Custodial rape (Section 376 Subsection 2 a, b, c, d):

Rape committed on a women in their or their subordinate’s custody by

a)      Police officer

b)      Public servant

c)      Management or the staff of a jail, remand home or other place of custody or a women’s or children’s institution

d)     Management or on the staff of a hospital

Punishment for such cases is imprisonment for a term which shall not be less than 10 years but which may be for life and shall also be legally responsible for fine.

Solution to Prevent Rape in India:

The first thing that should be avoided is wearing mini-skirts and roaming around with friends after mid-night. Chief Minister Smt. Sheila Dikshit advised women “not to be too adventurous at night”. Chief Minister of West Bengal Smt. Mamata Banerjee analyzed the cause of increasing rapes in India and quoted “earlier if men and women would hold hands, they would get caught by parents and reprimanded but now everything is so open. It’s like an open market with open options”.

Shri Asaram Bapuji said “Only 5-6 people are not the culprits. The victim daughter is a guilty as her rapists… she should call the culprits ‘Bhaiya’ (brother) and begged before them to stop… this could have saved her dignity and life. Can one hand clap? I don’t think so”. A.P. Singh, the defense lawyer for one of the accused in the famous Delhi gang rape case, said “If I caught my daughter having premarital sex, I would burn her alive. I would not have let this situation happen. All parents should adopt such an attitude.”

Ladies should stop using mobiles, stop wearing jeans and mini-skirts. Ladies try to maintain their “maryada”. Nowadays most the ladies have forgotten their true duties to the society. Ladies cannot be blamed for all the things happening in India right now, it is the fault of the society that has declined traditional marriage or in the divorce cases. For ladies to live a respectful life, she should listen to the advices given by great peoples.

Not only ladies, gents also should think about themselves and the country. The country’s reputation depends on the behavior of public in that country. Every individual should think about the country and also about their family. The unknown ladies should be considered as sisters to all the men. Before trying to ruin life of a girl, the rapist should think that this thing can happen to his sister and mother also. The country’s law is also not much efficient to stop rape in India. The law needs to be changed. I think that the rapists should be hanged till death, so that the other will think before doing it.

Most of the victims are raped by rich people. Rich people can escape easily by using their power of money. Law needs to be equal to all the persons. This will decrease the rate of rape in India. Both men and women should be taught about rape issue and its effects on the country and on themselves. If none of these works then, women should try to take care by themselves by carrying some defensible items.  Avoiding rape is easy if everyone understands what is going on within themselves and in the surroundings. Sexual violence will not end until men becomes part of the solution. The adaptation of western culture by ladies in India is also one of the main reason for rape cases. Adopting western culture should be avoided by all the ladies, to prevent being the victims of rape.

Conclusion:

Rape is one of the most common issue that has turned to be a big issue in India. It is common in every part of the world. But in India the issue of rape has increased in such a way that it has become the unstoppable crime. The increase in the number of rape and delay in the decision shows how the criminal can commit crimes without any difficulty. Most of the rapes are committed by rich people and escape due to their power of money. Day by day the problem of rape is increasing and there is no proper solution to prevent it.

To prevent rape in India the court and the legislature has to make many changes. The sentence of punishment, which normally ranges from one to ten years, where on an average most convicts get away with three or four years of difficult imprisonment with a very small amount of fine. In some cases the person who rapes can get out of prison by paying huge amount of money. Law in India remains but the number of victims including minors increases.

Severe and proper punishment should be given to the criminal, so that no one else even think of doing such crime. Many times the criminal will not receive any kind of punishment due to delay. The time when the case is ready the criminal would have already died, so the case needs to be closed.

Reference:

Arora, B. S. (2013, November 14). How to prevent RAPE. Retrieved from indiatoday: http://indiatoday.intoday.in/story/new-zealand-lawyer-adds-latest-in-bright-ideas-to-prevent-rapes/1/324758.html

Bhowmick, N. (2013, November 8). Why Rape Seems Worse in India Than Everywhere Else. Retrieved from world.time: http://world.time.com/2013/11/08/why-rape-seems-worse-in-india-than-everywhere-else-but-actually-isnt/

Goel, A. (2012, December). Rape Law in India. Retrieved from Legal India: http://www.legalindia.in/rape-laws-in-india

Kohn, S. (n.d.). Is India the Rape Capital of the World? Retrieved from More: http://www.more.com/news/india-rape-capital-world

Maximum rapes in India recorded in this state. (2012, July 9). Retrieved from ndtv: http://www.ndtv.com/article/india/maximum-rapes-in-india-recorded-in-this-state-241041

Pasricha, J. (2013, November 14). Why do we get raped and how can we avoid it? Retrieved from Japleen Pasricha: 2013

Rape. (2007, December 17). Retrieved from timesofindia: http://timesofindia.indiatimes.com/topic/Rape

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