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In India a rape is committed every 54 minutes !!!!

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The State of World Population Report suggests that In India

1.  A Rape is committed every 54 minutes;
2.  Molestation every 26 minutes;
3.  Kidnapping or abduction every 43 minutes;
4.  Eve-teasing every 51 minutes;
5.  Dowry death every 1 hour 42 minutes;
6.  Criminal offense against women every 7 minutes.

Rape is a crime not only against the body of an individual but also against one’s mind, psyche and reputation. The rapist can be questioned only if he is caught but the raped is questioned at every stage by every strata of the society. The victims have experienced that the police is often reluctant to lodge their complaints. Even if the complaint is lodged, the justice is far from being delivered. In courts circumstantial evidence is highly relied upon. The defense always supports the theory that the intercourse was with mutual consent.

In various cases the absence of injury has been considered as a proof of consent by the courts. Victims are forced to lay every slight detail of the incident which may not be possible. Mostly the facts are presented in an inappropriate manner which often leads to the acquittal of the accused.

In traditional society like ours raising voices against any crime of sexual orientation is considered a taboo. Many girls have witnessed oppression from their own family members in such instances. A rape victim needs a lot of courage to bring the matter into notice. But the agony does not end here. It is continued at every stage whether it is medical treatment, lodging of F.I.R or even attending a trial. The entire system is harsh to her. Time and again some N.G.Os have provided the victims both financial and psychiatric support but practically they are unable to help all of them.

The accused may be known or complete strangers. The crime of date rape has increased significantly in the past few years. Not to forget the rape committed by one’s own relative (including fathers and husbands) and those committed by stalkers, taxi drivers, guides and co-workers. Statistics suggest that in about 7 percent of the cases, fathers or other intimate members of the family or close relatives were themselves the offenders. About three-fourth of the offences were the result of offence by Neighbours and other persons known to the victims. Only one-eighth of the offences were committed by strangers. Reports have also shown that when a married woman is raped, she looses her love for husband and bond with the family. This effects not only her but her children and husband as well.

Imrana was asked to marry her rapist father in law as a viable solution put forth by the religious protagonists. Instead of punishing the culprit they decided to reward him. What kind of justice is this?

The offense of rape declares a punishment not less than 7 years which may extend up to life imprisonment too. But a husband who rapes his wife who is below 12 years of age is only liable for an imprisonment which may extend up to 2 years or fine or both. The Indian law doesn’t recognize the crime of marital rape yet. Also there is no section in IPC which punishes boys under 16 years of age for committing rape. They can be prosecuted only under Section 377 (Unnatural Offences) of I.P.C.

The infamous case of Hetal Parekh indeed deserved capital punishment for the accused Dhananjoy Roy who not only raped 14 year old Hetal but also brutally murdered her. His plea to the president for remission of sentence was rejected by Mr APJ Abdul Kalam. The decision was welcomed by almost everyone in the country.

There is an urgent need of speedy trial for such cases. It may be done by introducing a separate legal system for such sexual offenses. Medical help must be provided to the victims which should include counseling and vocational training (in cases where the woman has be out casted from the society and has no means sustenance). The same can be provided by state fund. The fine for such offenses must not be kept nominal.

If the medical examination is not conducted within 48 hours of rape the offense is very difficult to prove. Most of the females are unaware of this and in order to get rid of the physiological scars they take bath before medical surveillance. Awareness programs must be conducted to demonstrate what a victim must do in case of rape. Moreover keeping in mind the mental state of the victims a female doctor must be appointed for the examination.

The recent amendment in Criminal Procedure Code(Cr.pc) is a very optimistic step. Now such cases have to be presented before a female judge. A more effective witness protection scheme is also being guaranteed. The statements of the victim would be recorded at their house or some other safe place preferentially in presence of a female officer.  A female may engage a lawyer to help the prosecution with prior permission of the court. The investigation has to be completed within three months from the date when information was recorded by the officer in charge of the police station. Protection of the victim’s identity, maintaining the confidentiality of the name and address of the parties, camera trials and conduct of trials by a woman magistrate are also provided in the amendment.

 

This is a duplication of author's post on legaldrift.

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Comments

  • Guest
    Anonymous guest Wednesday, 21 Jul 10

    No comments?

    As for me I did not bother to read the whole article, because miss u did not bother to format it properly. You, almost in the midst of your law education surely do know that an article should be presentable and should not be a pain in the eye, save alone the content matter!

    [I think that may be at your end - have you tried refreshing the page? It looks fine to me. Best regards, Kian, LI editor]

  • legaldrift
    legaldrift Thursday, 22 Jul 10

    thnks Kian for saving me here ;)

  • Guest
    Anonymous guest Thursday, 22 Jul 10

    Atit

    and every nine minutes on male is commiting suicide...

    from 2004 to 2008 160000 females are arrested under only IPC 498a and total arrest is 555000..

    98% 498a cases are false and filled to extort money from husband...

  • legaldrift
    legaldrift Thursday, 22 Jul 10

    Atit

    No offence but I see no point in linking rape with false dowry cases.. they are two separate issues.

    Probably your information stands correct but I see no point discussing it here.

    Anyways Thanks for the information

  • Guest
    Anonymous guest Thursday, 22 Jul 10

    Why do you only see women dying ? Are you not able to see how many men are dying in borders of Kashmir since many years . Those army men are dying for India ... These days many married men are also dying due to nagging nature of women .... But men dont keep on crying like women ..not sure why everyewhere you potray women as weak when everyone knows women have become PM and president of India .. still you are shedding crocodile tears ...

  • legaldrift
    legaldrift Thursday, 22 Jul 10

    I think you would like to read some of my earlier posts which are on men dying in CRPF , male rapes and a case against women reservation.

    Personally, I have never felt that a women is weak and incapable of doing something but yes highlighting a wrong done to some one (whether male or female)is the first step to justice.

    May be maximum dowry cases are false but do you have any idea why this happens??

    The police tells the women her case would be stronger if she charges her husband of dowry. Most of the women aren't even aware of what they are getting into. And yes this is something which was told to me by a police officer himself.

    I agree some women must be doing it intentionally as well but still I see no point in linking rape victims with dowry cases.

  • Guest
    Anonymous guest Thursday, 22 Jul 10

    Pravin Pune

    More than 75% rape case are false cases.

    Who will give justice to those 75% ppl ?

  • Guest
    Anonymous guest Thursday, 22 Jul 10

    Prassoon Suryadas

    Pune police recently reported that 70% of Rape cases are consensual sex. Take off the clause "sex with false promise for marriage" Then watch 98% reduction in Rape cases. Studies shows over 20% rape cases are intended to blackmail and malign the reputation of men. India stands in the world rape statistics, #56th position on the 65 country list. There are so many women NGOs who try to live on govt grants and UN/UNIFEM/USAID funds. They want to hike up the plights of women in order to claim millions of dollars. The result is ignorant Indian women become androphobic!

  • Guest
    Anonymous guest Thursday, 22 Jul 10

    Ram

    But is not married men committing every 9 minutes more grave than the 54 minute. It is 600% more. Data reveals from Pune Police records that 74% of rape cases are actually consensual sex. It is just hyped of the 54 minutes to bring sensuality. There are more ills happening in the society. Is it not necessary to sort it out based on the gravity rather than raising biased hues and cry's of woman?

  • legaldrift
    legaldrift Friday, 23 Jul 10

    It is a known fact the police manipulates information to save themselves so I seriously doubt the credentials of the source cited.

    More over lets just assume only 10% of women are actually raped or lets say that a rape occurs every day. BUT DOES IT DILUTE THE LIABILITY OF RAPISTS.

    All of you say stop shouting crime done to women, well a crime done to men, women, children or trangender is a crime at the end of the day.
    THE STATISTICS mAY LIE BUT NONE OF YOU CAN SAY THAT RAPE DOESN'T OCCUR AND IF IT DOES THEN THE VICTIMS SHOULD BE GIVEN JUSTICE.

  • Guest
    Anonymous guest Friday, 23 Jul 10

    Equality

    By default it is assumed, that only a female can be raped, that too by males only.

  • Guest
    Anonymous guest Saturday, 24 Jul 10

    dear author,
    i would like to congratulate you for your blog.
    you can also take help from the impending sexual offences (special courts) Bill 2010 which specifically deals with speedy trial of sexual offences.
    http://mynation.net/docs/sexual-offences-bill-2010/" rel="nofollow">http://mynation.net/docs/sexual-offences-bill-2010/
    thanks for the post

  • legaldrift
    legaldrift Saturday, 24 Jul 10

    thanks a lot. The source is very useful indeed. Thank You

  • Guest
    Anonymous guest Saturday, 24 Jul 10

    divorce lawyers

    Good article. Very sad to stats like this and all the more important to educate women and men alike.
    Could you suggest top divorce lawyer in Kolkata or point me to the right law firm in Kolkata that handles divorce cases.
    Thanks.

  • Guest
    Anonymous guest Saturday, 24 Jul 10

    Prassoon Suryadas

    As per legaldrift, statistics are not reliable but her illusions are!!!

    Androphobia is curable!

  • gyan
    gyan Sunday, 25 Jul 10

    I knew it will be a male versus female discussion soon on this issue....

    We cant relate rape issues with men suicide. both are cheapest act and shall be condemned.

    But, I cant agree with the list posted by legaldrift. If this will be the speed of committing rape, etc then soon half of the India women are raped and all. So let them write whatever they want.

    About men suicide, yes i have seen how married women are taking gain of amended laws and old classic rules. In the end , both gender are liable because one gender dominates and another gender is expecting from us that please do something but i cant do something....

    this discussion will go on....FOREVER...only option will be..DO YOUR DUTIES....

  • legaldrift
    legaldrift Sunday, 25 Jul 10

    Kindly read pg 21 of this pdf. The statistics are issued on a report by the State of World Report(1999). I haven't made up statistics in any manner.

    http://krpcds.org/publication/downloads/52.pdf" rel="nofollow">http://krpcds.org/publication/downloads/52.pdf

  • Guest
    Anonymous guest Monday, 26 Jul 10

    Good info. Don't know how i landed here, just my two cents.

    Comments from your critics though containing an element truth in them; are missing the core issue and point you are trying to convey.

    Rape as a crime, can NEVER be justified under any circumstances nor this article is to be confused as a debate between gender roles.

    As an significant addendum; there must be oversight and transparency in the execution of any law to prevent its misuse. A innocent man in jail? goes against the very principles of our legal system.

    Good work though.

    Sai

  • legaldrift
    legaldrift Tuesday, 27 Jul 10

    thanks so much for the support and understanding..

  • gyan
    gyan Tuesday, 27 Jul 10

    My post was on the survey report only.I cant agree with that. Obviously Rape is a crime and a cheap/heinous act also.But proving cheap act on the basis of survey will bring no soultion. If you wanna find solution, lets work in the field, where women/girls are really facing problem. By writing here and condeming always will bring no justice. To protect these aspects, we need to act. Manytimes I have seen here, WE SHOULD DO THIS AND THAT..sorry if you really wanna do, go and do field work..understand real issues of women, uplift them. By going through any survey and telling world these stories will bring no justice.
    NOTHING PERSONAL!!

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