Rape is an offence against the women. It is the most heinous crime in India,
which is increasing day by day. Though the law is very strict, so that the
modesty and integrity of women can be protected from such offence. Rape has
been defined under section 375 of the Indian Penal Code, and the punishment for
the same has been prescribed under section-376 and other sub sections.
Considering the rampant development of offence of rape our legislature decided
to enhance the punishment for such offenses upto death with fine. It is needless
to say that the women in our country are being subjected to cruelty including
sexual assault, molestation, eve-teasing, child sex abuse, rape from their
houses upto their working places.
Minor female child are mostly being victimized to such offences even by their
near relatives, which clearly shows the insolvency of the mind of such offenders
which compelled the legislature to bring The Protection of children from sexual offences (POCSO). At the cost of
repetition it is not be out of place to state here that rape is a heinous crime
which is committed against women.
As such any offence is offence against and state, in which rape is an offence
which is a stigma for a civilized society. The victims of rape are required to
be protected and promoted to raise their voices against such heinous offences
and not to stigmatized. Such circumstances be created by the government in which
no case of rape should remain unreported and trial ending in acquittal.
should have consider the situation and circumstances which causes the rapid
increase in such type of cases. The women and minor girls are not even safe in
their own houses, what to talk of about outside the house and at their working
places. In most of the cases it has been detected that the family friends and
near relatives, who have free egress have been involved in commission of female
inmates. Considering the number of cases raising day by day against the women,
the legislation has taken it as a challenge and amendment has been made in law
relating to women and also enhanced the punishment upto death for rape to
overpower the situation. Special courts have been constituted for speedy
disposal of the cases of rape.
It is relevant to state here that any offence
initially born in the mind of the culprit which is called mens rea(ill-will) and
after being arisen preparation, attempt and successful attempt to commit crime
has become offence. Normally, our law of the land starts working after
commission of the offence against the offenders. Apart from legal actions such
as awarding punishment to the offender moral values are also required to be
enhanced by different ways such as preaching about human values and their
Reason of rapeThe most important fact is to be taken into consideration that why such heinous
offence is increasing day by day.
- Less reporting of the cases:
Due to social stigma. None reporting of rape cases is also one of the
reasons for its enhancement. In the recent era also, there are so many
people who avoided to report such type of cases before the police due to
their social prestige and to avoid this stigma.
- Pornographic content:
Nowadays, misuse of internet is also one of the reasons of rape. These
sexually explicit content are increasing day by day and they are badly
provoking our generation to commit such crimes.
- Delay in final disposal of the cases:
Delay in completion of the legal proceedings against the rape culprits. As
we know there is a principle that (Justice in hurry is justice is buried).
On the other hand it has also been mentioned that ( Justice delayed justice
denied). Both the principles are complete in itís own. Delayed justice in
disposal of the rape cases in sometimes brings insecurity and
dissatisfaction in the mind of the victim and in the society both.
- Poor investigation and policing:
In most of the cases, as we find that due to faulty investigation the
culprit is being left out by the court due to insufficient evidences and
failure of investigation. Our police has not properly been trained to
investigate such type of cases in itís right perspective, which results in
acquittal which emboldened the culprits to repeat the crime.
- Co education and dress code:
Co education and dress code is also one of the reasons for provoking
such type of offences in present situations. It is needless to say that due
to design of wearing apparel is one of the reason for provoking such type of
offences. On the other hand we can not ignore this fact, that wearing
apparel also provokes the crime.
Rape and applicable lawsIt is important to state here that, to maintain the law and order as well as to
protect the life and liberty of a citizen. Our Indian constitution has given
paramount importance and has guaranteed right to life and liberty of a citizen
of India under Article 21 of the same. There are so many crimes have been
defined under different sections of Indian penal code rape is the most heinous
crime against the women, which has been defined and categorized under section
375 of Indian penal code.
As per section 375 rape is defined which may be stated in a plain words that
any intercourse committed with women against her will or even with her
consent if the victim is below 15 years or if the consent of the victim has
been obtained by any illegal means such as putting her fear of death, threat
It is relevant to mention here that Considering the
seriousness and the offence being most heinous our legislature has decided to
change the law and enhance the punishment for rape, so that such heinous offence
could be controlled. Nirbhaya rape and murder case is a burning example which
makes it abundantly clear that the law required to be amended and amendment was
made in the year 2013, which was commonly known as Nirbhaya act.
case compelled the legislature to make an amendment not only in the IPC but also
in code of criminal procedure 1973 as well as Indian evidence act, which
received the assent on 2nd April 2014 and become effective from 3rd April 2014.
It is relevant to state here that by the aforesaid amendment punishment for rape
has been enhanced upto death.
Rape in last decade In the last decade there was rapid growth in the cases of rape, rape with
murder, and considering the rapid growth and its brutality, the legislature
felt to make an amendment in the existing law relating to the offences
against the women. In the last 5 years, 277% rise in the rape cases reported
in our capital. Nirbhaya rape and murder case is the milestone for the
amendment in law which can easily be assessed that the legislation has amended
the law in the name of Nirbhaya which is popularly known as Nirbhaya act, apart
from the amendment in the law the government has also manufactured a weapon in
the nature of revolver naming as Nirbhaya revolver, only with a view to
emboldened the women to stand for her self defence.
Rape is an offence which is
much more serious and heinous than murder. In murder cases victim who has been
murdered, died at once, but in rape cases victim has to die day by day, facing
acute mental torture, comments and stigma in the society.
The rape victims are
required to be promoted to raise their voices against the wrong doers and
respected by the society and not to stigmatized or neglected. The delay disposal
of such type of cases is also one of the reasons for its enhancement.
offenders have became so desperate and lost the fear of law and are not
hesitating to take the law in there hand. The disposal of the cases are required
further speedy so that the culprit should be booked and message go to the
society for such wrongdoers that they canít be set free. The accused person of
Nirbhaya rape and murder case were awarded death sentences and it was executed
on 20th March 2020 which gave message to the society.
As per recent study, the report says that in our country where the females are
being treated with utmost dignity and honour and placed not only in very high
stream but placed as goddess such as Durga and kali , but unfortunately it has
been reported that in every hour two women, and in every ten hours a minor girl
is being raped which is really shocking for any nation, especially for a nation
like India, where it was stated that- ???? ????????? ????????? ?????? ???? ??????
In Mahabharata period, for outraging the modesty of women (draupadi) in a sabha a
war of Mahabharata broke out in which 18 akshauhini army of both the sides was
killed . During Treta Yuga Ram Ravana war took place due to abduction of a women
namely Ma Sita. In Ram Ravana war entire Lanka made of gold was burnt to ashes
and the king of Lanka along with his son and grandson and thousands in numbers
were killed. In country like India a women is given respect of a goddess and
called mother (mai) in general talk.
In year 2019, on 27 November, A veterinary doctor namely Priyanka Reddy, who
resides in district of Telengana was raped and brutally murdered by burning,
which clearly shows the cruel mentality of the offenders, which must be
deprecated by a civilized society. Apart from the legal action, we the people of
society should also come forward and raise their voices against such wrongdoers
and they should not be protected even by their family members. They should be
discarded and condemned by the society also.
The victim of rape should be compensated in terms of money as well as government
services, so that they may become financially dependent and
lead a respectable life.
The history of civilization is as old as hills. Throughout the history saints,
sages and states man have agreed that greatness and progress of a nation depends
upon the status of women enjoyed and her dignity is honoured and respected.
Women since ancient times were respected and worshiped as incarnation of sati
but today victimized by time.. In Nirbhaya case, our country both gender stood
with Nirbhaya and she got highest scale of justice. It is a lesson to the
Women despite all progress in legislation enacted by legislature is
still deprived by the society. There should be change of attitude towards women
and massive awareness is still required to be initiated. Earlier there was no
specific provision in law for offences such as use of unwelcome physical
contact, words or gesture, demand or request for sex, showing pornography
against her will or making sexual remarks.
By 2013 criminal amendment act, these
acts has also been defined as an offence and punishment for the same has been
prescribed. Stalking has also been made punishable upto 3 years, which clearly
indicates that the legislation is too serious to uphold the dignity and
integrity of a women.
Written By:†Mr.Swami RS Ganeshan
Authentication No: AG30830072927-18-820