Rape in India

Suhag Rahman
Monroe College
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Abstract

Rape is a crime whose social impact and cause are many. The name of rape
with India is very badly connected and now it has become a national issue
for them. This is a challenge for modern society. Gender equality is included
in the Indian Constitution. The definition of rape was amended in India in
the 2013. Based on many research reports, India has recently introduced
legislation to reduce rape incidents.
Controlling rape requires attention in various social areas. Various social
negative thoughts towards women serve as influencers. Law enforcement
should try to address rape from a multidimensional perspective. A dynamic
judiciary, increasing women's participation in the social and financial
sectors, reducing gender discrimination, proper and speedy enforcement of
the law can help reduce rape. The thoughts of generous and great people can
be a means to overcome the problems of modern society.
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Table of Content
Abstract ……………………………………………………... 2
Introduction …………………………………………………. 4
Rape …………………………………………………………. 5
Sex…………………………………………………….. 5
Rape ………………………………………………….. 5
The History of the Word “Rape” …………………….. 5
Rape in India …………………………………………. 5
Types of Rape………………………………………………... 6
Indian penal code …………………………………………… 7
Indian Rape Statistics and Analysis ………………………… 8
Figure – 1 …………………………………………………… 9
Figure – 2 …………………………………………………… 9
Figure – 3 …………………………………………………… 10
Video ……………………………………………………….. 11
Effect of Rape ………………………………………………. 11
Reason for Rape …………………………………………….. 12
Developmental ……………………………………….. 12
Ideological ……………………………………………. 12
How to stop rape? …………………………………………… 12
Family teaching ………………………………………. 12
Stop sexual harassment ………………………………. 12
Literacy ………………………………………………. 13
Sluggish court system ………………………………... 13
Increase Social Security for women …………………. 13
Online Reference ……………………………………………. 14
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Introduction

“Rape is the only crime in which the victim becomes the accused.”

Freda Adler (b. 1934) U.S. writer, educator, criminologist. Sisters in Crime (1955)

Rape is one of the India's most communal oppression against women. Daily
Newspaper Times of India (Aug 25, 2013) reported that One rape every 20 minutes
in India and only 10% of rapes were reported and the punishment for rape cases
was 24.2%. National Crime Record Bureau (NCRB) 2013 annual reported, in 2012
reported 24,923 rape cases in all over India. Out of these, 24,470 cases (98%) were
committed by victims' acquaintances.

From the historical age, rape was a communal weapon against women, which is
still prevalent in modern times. So far, women are not safe in our social policy.
The condition of Indian women is more critical, some magazines, news, videos,
statistics, etc. prove this. Rape is a big social problem in India for lack of women
social security, their education and slow court system.
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1. Rape

1.1 Sex
Sexuality is related to human existence: love, procreation and family. Sex
has many social implications, so most of the social rules and restrictions,
moral and religious guidelines and sexual behavior limited with legal
barriers. It is a crime to attack someone for the purpose of sex by disobeying
the law without the consent of others.

1.2 Rape
Rape is an attack on a person's sexual organs without consent for the
purpose of use. The attacker can be of both sexes. Rape is grave offense
what is generally regarded as the most serious sexual offense. It can have
severe consequences for victims. It has been occurring since the ancient
times across cultures. It has too often been ignored and mischaracterized.
Rape is a complex phenomenon with many dimensions. It is one of the most
controversial issues, and is a challenge to the modern thinking.

1.3 The History of the Word “Rape”

The word "rape" comes from the Latin verb rapere, it means to seize or take
by force. Originally the term had no sexual expression and it was still used
liberally in English. The history of rape and its meaning are quite complex.
By the Merriam Webster dictionary, rape is “unlawful sexual activity”.
There can be several types of rapes like penetrative, non-penetrative,
consensual, marital, and the crime of rape varies culturally.

1.4 Rape in India

Serious crime like rape is still happening all over the world, in some cases
its graph is upward, but in India it is surpassing everything. Rape, murder
after rape, rape and murder of children, giving social slander, is a shame for
India today. Although some laws have been enforced, the number of rapes
is increasing. Long-term social reforms can help reduce this.
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2. Types of rape

"The types of rape" explain, how this crime is organized with a trusted
person.

2.1 Corrective Rape – Corrective is a type of hate crime targeting non-

heterosexual individuals as a punishment for defying traditional gender
roles.

2.2 Date Rape – Date rape, also referred to as “acquaintance rape,” is

committed by someone who knows the victim.

2.3 Gang Rape – Gang rape takes place when two or more perpetrators rape one
victim.

2.4 Marital Rape – Marital rape, also referred to as “spousal rape,” or “partner
rape,” occurs between a couple, when one partner is not consenting.

2.5 Prison Rape – Rape between prison inmates affects approximately 10

percent of prison populations. Although this is most commonly a same-sex
crime, because prison populations are segregated, studies show most
perpetrators do not identify themselves as homosexuals. Rape perpetrated
on an inmate by a custodial individual, such as prison staff, or a police
officer, is referred to as “custodial rape.”

2.6 Revenge Rape – Revenge rape, also known as “payback rape,” or

“punishment rape,” occurs when one or more people rape another person as
revenge for acts committed by the victim or their family.

2.7 Statutory Rape – Statutory rape involves sexual intercourse or other sexual
acts with an individual who is regarded by the law as not being able to give
consent.

2.8 War Rape – War rape occurs when soldiers or civilians rape other
individuals during armed conflict or war. This is seen as a means of
Rape in India 7|Page

psychological warfare. The term war rape is often used in reference to girls
or women being forced into prostitution or sexual slavery by the powers
occupying a country.

3. Indian penal code

The Indian Penal Code (IPC) describes a complete list of all cases of crime
and punishment. The first IPC document was prepared by section 511 in
1860 and went into effect in 1862, but is known as the IPC Ranbir Penal
Code (RPC) in the states of Jammu and Kashmir.

There are two sections in IPC pertaining to rape viz. section 375 and section
376. In 375 IPC a man is said to commit “rape” to a woman in a
circumstance like against her will, without her consent under false promise,
consent by coercion, with her consent when she has unsound mind or
intoxication and is unable to understand the nature and consequences of that
to which she gives consent, or with or without her consent when she was
under 16 years of age. The section 376 defines a minimum punishment of
seven years for the perpetrator. The punishment covers an exhaustive list of
rape situations like punishment for a public servant, police, and gang rapists.

After the December 2012 Delhi gang rape case, the Government of India
constituted a judicial committee headed by Justice J.S. Verma to suggest
amendments in criminal laws and punishment to deal firmly in sexual
assault cases, and based on the recommendations of the committee a
Criminal Law (Amendment) Act 2013 was passed. The word rape has been
replaced with sexual assault and it includes assault without penetration, and
penetration to any extent other than penile penetration is also an offence.
New offences have been added like acid attack, sexual harassment,
voyeurism, stalking with related punishments.
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4. Indian Rape Statistics and Analysis

 More than 38,947 cases of rape were registered with the police in
2016
 More than 32,500 cases of rape were registered with the police in
2017.
 As many as 33,356 incidents of rape were reported during 2018
involving 33,977 victims, an average 89 rapes daily.
 Women reported almost 34,000 rapes in 2018.
 Indian courts disposed of only about 18,300 cases related to rape that
year, leaving more than 127,800 cases pending at the end of 2017.
 One rape every 20 minutes in India. (2013)
 One rape reported every 15 minutes in India. (2018)
 crimes against women have increased by 7.1% nationwide since 2010
 child rape cases have increased by 336% in the last 10 years ( 2003 -
2013)
 Every fourth rape victim across the country in 2018 was a minor.
 In 2018, 51.9 per cent rape victims (17,636) were aged between 18
and 30 years, 18 per cent (6,108) above 30 and below 45 years, 2.1
per cent (727) above 45 and below 60 years and 0.2 per cent (73)
above 60 years.
 In almost 94% of the cases, the offenders were known to the victims -
family members, friends, live-in partners, employers or others, the
data showed.
 In 2,780 cases, the victims were violated by their own family
members, while only in 2,036 cases the offenders were unknown to
them, according to the statistics.
 Among states, Madhya Pradesh reported the highest (5,433) such
cases in 2018, followed by Rajasthan (4,335), Uttar Pradesh (3,946),
Maharashtra (2,142), Chhattisgarh (2,091), Kerala (1,945), Assam
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(1,648), Delhi (1,215), Haryana (1,296), Jharkhand (1,090) and West

Bengal (1,069).

Figure - 1
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Figure – 2
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Figure - 3
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5. Video

Danish tourist gang-raped in India

6. Effects of rape

After being raped it is common for the victim to experience intense, and
sometimes unpredictable, emotions, and they may find it hard to deal with
their memories of the event. Victims can be severely traumatized by the
assault and may have difficulty functioning as well as they had been used to
prior to the assault, with disruption of concentration, sleeping patterns, and
eating habits, for example. They may feel jumpy or be on edge. In the
month(s) immediately following the assault these problems may be severe
and very upsetting and may prevent the victim from revealing their ordeal to
friends or family, or seeking police or medical assistance. This may result in
Acute Stress Disorder. Symptoms of this are:

 feeling numb and detached, like being in a daze or a dream, or feeling

that the world is strange and unreal
 difficulty remembering important parts of the assault
 reliving the assault through repeated thoughts, memories, or
nightmares
 avoidance of things—places, thoughts, feelings—that remind the
victim of the assault
 anxiety or increased arousal (difficulty sleeping or concentrating)
 avoidance of social life or place of rape
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7. Reason for Rape

7.1 Developmental
Developmental theories include the idea that someone who grows up in a
family and social environment in which other people are regarded as of no
value may fail to develop empathy, and view the abuse of others' bodies as
normal. Exposure to pornography has also been suggested to have this
effect. An unresolved childhood incident may fester into a profound hatred
of one sex and this hatred may manifest itself in violent assault in adulthood.

7.2 Ideological
The belief that some people (usually women) do not have the right to occupy
certain positions may prompt some men to commit assaults intended to
punish the perceived trespass: the target will have "asked" for the assault
they get. Sex with junior colleagues may be seen as a prerogative of office.
The junior may feel unable to respond for fear of being fired.

8. How to stop rape?

8.1 Family teaching

Every child is innocent and the family is his or her primary school. So first
of all, family should start learn about self-respect and respect to other.
People are fundamentally equal. Girls are not worse than boys, not worse
than anyone. Everyone deserves respect, care, love, affection and friendship.
Every child's opinion should be heard equally and everyone should be given
equal opportunity, regardless of gender.

8.2 Stop sexual harassment

Sexual harassment is a heinous crime where the victim suffers mental
distress. Many commits suicide. It has to stop. Good law enforcement,
public awareness, accountability can reduce it.
Rape in India 14 | P a g e

8.3 Literacy
Literacy empowers women socially. All good thoughts arise. Uneducated or
under-educated women have to depend on men in various ways. In India's
male-dominated society, women are thought to be weak and dependent,
which is helpful to women with crime. So, education will empower everyone
mentally. While education is not responsible for rape, it can help reduce
many offenses, including rape.

8.4 Sluggish court system

statistics show that sexual assault cases were on the rise in 2018 but the
conviction rate dropped by five percentage points. Also, 88.7% of cases,
which had reached the courts, are pending trial. The 'Crime in India 2018'
report by National Crime Records Bureau (NCRB), showed rape cases rose
to 33,356 in 2018 from 32,559 in the previous year. So, have to judge
quickly and accurately.

8.5 Increase Social Security for women

Controlling rape requires attention in various social areas. Various social
negative thoughts towards women serve as influencers. Law enforcement
should try to address rape from a multidimensional perspective. A dynamic
judiciary, increasing women's participation in the social and financial
sectors, reducing gender discrimination, proper and speedy enforcement of
the law can help reduce rape.
 Rape in India 15 | P a g e

9. Online reference:
i. https://www.ncbi.nlm.nih.gov/pmc/articles/PMC5419017/

ii. https://www.scoopwhoop.com/inothernews/statements-on-rape/

iii. https://www.mic.com/articles/111702/these-horrifying-quotes-from-a-
convicted-delhi-rapist-will-leave-you-speechless

iv. https://www.good.is/articles/the-history-of-the-word-rape

v. https://www.newworldencyclopedia.org/entry/Rape

vi. https://www.indiatoday.in/india/story/ncrb-2018-woman-reports-rape-every-
15-minutes-in-india-1635924-2020-01-11

vii. https://www.indiatoday.in/india/story/rapes-in-india-offenders-victim-
minor-data-ncrb-1635691-2020-01-10

viii. https://www.wikihow.com/Do-Your-Part-to-Prevent-Rape-in-India

ix. https://www.deccanherald.com/national/conviction-rate-for-rape-cases-is-
only-272-792820.html

x. https://www.reuters.com/article/us-india-rape-factbox/statistics-on-rape-in-
india-and-some-well-known-cases-idUSKBN1YA0UV

xi. https://www.youtube.com/watch?v=KHkdwt9CJ-Y

xii. https://go.gale.com/ps/basicSearch.do?inputFieldNames
%5B0%5D=OQE&inputFieldValues
%5B0%5D=to+rape+a+child&nwf=y&searchType=BasicSearchForm&user
GroupName=nysl_me_moncol&prodId=AONE&spellCheck=true&method
=doSearch&dblist=&limiterFieldValues%5BAC
%5D=y&_limiterFieldValues%5BAC%5D=on&_limiterFieldValues
%5BRE%5D=on&standAloneLimiters=LI&_limiterFieldValues%5BLI
%5D=on

xiii. https://timesofindia.indiatimes.com/city/delhi/One-rape-every-20-minutes-
in-country/articleshow/22040599.cms

xiv. https://www.youtube.com/watch?v=K1bo6UfmMt0