Experts & Views
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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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]
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...
Probably your information stands correct but I see no point discussing it here.
Anyways Thanks for the information
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.
Who will give justice to those 75% ppl ?
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.
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.
mynation.net/docs/sexual-offences-bill-2010/
thanks for the post
Could you suggest top divorce lawyer in Kolkata or point me to the right law firm in Kolkata that handles divorce cases.
Thanks.
Androphobia is curable!
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....
krpcds.org/publication/downloads/52.pdf
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
NOTHING PERSONAL!!
The girl, a class ninth student, was on her way back home after collecting her marksheet when Sham Singh and Sohan Singh allegedly took her to Doli forest area of Kalakote tehsil and raped her.
They later tried to kill the girl, police said, adding her cries drew passers-by attention following which the duo fled.
The two youths were arrested from a nearby forest area on the basis of the victim's complaint.
The girl was sent for medical examination, police said.
I was working on a book about women in the slums, and came across your website.
Look at the following link: www.nationmaster.com/graph/cri_rap_percap-crime-rapes-per-capita. The world average statistic for rape (from the few countries listed) is 0.1/1000 population/year. If this figure is applied to India, we would have 100,000 rapes/year, = 273/day, = 11.4 rapes/hour. Rape, or course, is underreported. In America, only 60% of rapes are reported (www.rainn.org/get-information/statistics/reporting-rates). Even if we accept this figure as representative for underreporting in India, we should estimate about 18 rapes/hour. If the UN report says 1 rape/hour, either India is far safer than the rest of the world, or this crime statistic has itself been viciously raped, and that we have no idea of the real numbers. We may not even wish to know the truth.
I think it's important for somebody to design a field study of about 5000 to 10000 women, with proper random sampling, and conduct confidential interviews. We must not expect the police, or any government agency, to tell us the truth.
www.dailypioneer.com/state-editions/chandigarh/119813-10-false-rape-cases-in-a-week-reported.html
the capable women will comment on blog posts when men are treated as rapists , women may be equal but certainly not proactive
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