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Rape

If Men Realize That Women Are Their Sister, Mother, Wifes And Daughter Too Then They May Change Their Mindset And Rape Cases Can Decline

Abstract
It is found that rape emerges from a culture that involves the domination and objectification of women. As an act of sexual violence, rape reflects the masculine role as dominant and controlling. A rape culture exists in which rape is generally not recognize as a crime and its victims are frequently blamed and held responsible for their own violation. Rape is seen as a component of the war culture that dominates one another. This war culture involves a set of meanings and practices that accept violence as a legitimate solution to conflict the laws within the laws. Men assault is mainly focus to bolster their masculine pride and feed their desire for power.

This behaviour is largely attributed to the rapist's need to live up to society's ideal of masculinity, the need to compensate for feelings of powerlessness, alienation in the workplace, political and racial oppression, the male's socialized belief in rape myths, the need to compromise for sexual and masculine inadequacy, and the male's strong association of sex with violence. Prevailing social patterns can only be transformed through a change in social relationships, structures, and ideologies.

Likewise, every social structure and institution affected by sexism should be completely changed. Rape will continue to exist as long as women are oppressed and as long as women's subjugation is anchored in the structure of society. Anti-rape activities, ranging from psychotherapy and lawful guide to self-defence and educational programs, must be conducted to safeguard the social, political, economic, and sexual justice is accomplished.

Therefore, the thinking and mentality behind raping your own wife can never be understood but surely the husband alone can't be blamed because it's not him who has brought up such a thinking. Rather the patriarchal society has every time filled his mind to be a Man and never compromise with his Manhood (Mardangi), resulting in assault of their wives in order to fulfil their sexual needs. When he's born, he feels that sex is something to be not talked about and could only be done he's married. Subsequently, no open discussion about sex and the narrow thinking of society has led to increase in such crimes. Marital rape one such crime which needs to be criminalized, if we want our women feel safe around everyone.

Introduction
The word crime against women has become a serious epidemic with more and more cases of rape, sexual assault, sexual harassment, marital rapes, molestation being reported all over the India in high number from colleges, homes, live-in relationships, relatives and also at work place. It is one of the most complex issues which arise from legal, ethical, environmental and psychological aspects.

A study says about 30%children are suffered and many are still suffering from such sexual offences from someone close such as rubbing on their private parts, making a child watch pornography, forcefully engaging a child into sex racket for making money as held in the recentcase of Muzaffarpur shelter home case [1]where several minor girls were sexually assaulted at an NGO run by Brajesh Thakur.

The court had convicted Brajesh Thakur of offences under IPC sections 120-B (criminal conspiracy), 324 (causing hurt by dangerous weapons or means), 323 (voluntarily causing hurt) and those relating to abetment, Section 21 (failure to report commission of an offence) of the POCSO Act and Section 75 (cruelty to child) of the Juvenile Justice Act.

In India the crime against women irrespective of their age has increased in huge numbers. It is said in every 15 minutes a women and a child is being raped, assaulted or killed because of dowry as held in the Mohd. Akhtar vs The State Of Jammu And Kashmir on[2] also known as Kathua rape case, where a 8 year girl was badly raped by the three men in the village Kathua Jammu and Kashmir and later on killed.

All three men was later on convicted for the offence of rape and murder and was awarded a sentence of life imprisonment. Women are the venerable victims. According to the experts, only 10% of rapes are reported, and the conviction rates are 24.5%. it is a common belief that India is the most common country against crime against women.

Victims who reported for such crimes are mostly because they suffer assault, are mistreated and molested in their domestic or matrimonial homes and work place. but, it is also reported that some cases go unreported because of fear of humiliation from society or family pressure. It has a shattering impact on the women’s lives is well recognised giving negative consequences on health, physical appearance, academic performance, and put a bit question mark on building trust with people once a person is victimised of rape.

It is not only women who are victims of rape and sexual harassment but men too. Yes, they are! Isn’t it horrific to see rape and sexual violence is common in all gender, sex, caste and greed. Generally they come out and say that loud, do you wonder why?

Because of the fear of society, working and sitting btw people will make it tough day by day. The sense of insecurity, the feeling of felt out, lack of work opportunities one’s someone found that they were a victim of sexual assault or harassment. Life would come to a standstill. as happened in the Mukesh &Anr vs State For Nct Of Delhi &Ors [3]which adverse effect on the society as a 23 year old girl was brutally gang raped and was murdered in the moving bus and was killed
Was given capital punishment. (complete this in max. 30 words)

How to come over one’s fear of being felt out or being judged by others and regain that sense of confidence and loving yourself? Start with loving your ‘body and soul’. It is a difficult bridge to walk on but once you do it without fear and insecurity it can be a salient turning point for a rape victim or any victim of sexual harassment or domestic violence.

Prior To Covid: Rape Reported After Every 15 Minutes, Ncba Data

As per the data shown by the government, on an average a rape was reported in every 15 minutes in the year 2018. The Ministry of Home Affairs release the annual crime report of the year 2018 which says that around 34000 rape cases were reported in the year 2018 and 85% of these cases are taken into action and only 27% were convicted out of this.

This statistic data has the number of rapes as it is still considered as a taboo to report a rape cases or any sexual violence crime against an individual or a group of people in India. Mostly in these rape cases end up in murders and hence, are treated as a murder only without any proper investigation behind the crime scenes.As per the women’s rights group member the crime against women are not taken seriously which had bad effect on the investigation too.

As per the latest National Crime Records Bureau (NCRB) data 2018 shows that in India every fourth victim of rape was a minor, while more the 50% of them fell in the age category between 18-30 years. According to this data the culprit were known to the sufferer like friends, family members, employers, neighbour etc in almost 94% of the cases.

In the year 2018 about 33,356 cases were reported involving 33,977 victims, on an average 89 case per day and in the year 2017 32,559 cases of rape were filed while in the year 2016 this number stood at 38,947 as per the NCRB record. As per this record 72.2% of the victims were above 18 years and rest are the teenagers as per the record.[4]

The NCRB information additionally demonstrated that nearly 94 out of 100 assault cases, the sufferers/victims are known to the guilty parties. In this way, the casualties are abused by their own family and close individual from their family. Such wrongdoing should be reported and managed purposely under IPC and different local people laws of the separate state.

Rape Culture Is An Uncomfortable Topic To Discuss?

In order to discuss and talk about rape culture one need to understand what it is? UN Women defines rape culture as“the social environment that allows sexual violence to be normalized and justified, by the persistent gender inequalities and attitudes about gender and sexuality.
women has a right to live with dignity and stand equal with all in terms of social, economic and professional position. Until it does not happen rape will always be around. Journalist too try an objectifying women’s body and her choices and make a hype out of it as she being women has no right over her decision making. Women’s bodies are not just for a man’s pleasure but, there is a lot more of it.

Sexual abuse does not mean rape but it can surely contribute to a rape culture. Let’s say a Women does not choose her outfit every morning while she is getting ready for work in hope of pleasing every man she walks by. Or the length of her skirt should not be the conversation of the tea table. The tightness of a shirt isn’t an indication for sex. What she wears should not bother anyone! If she is intoxicated, that is not an invitation to have sex with her.

Need And Requirement Of Consent

Consent is when you and your partner both agree to have sexual relations, considering each other’s consent is very important before things gets too hot and heavy. To check if the consent is given it must be explicit and given in conscious mind, because non-consensual can be against the law and you may end behind the bars.

In the case of Rao Harnam Singh V State of Punjab[5]the husband forced her wife to have sexual intercourse with three other men, she protest against this but had to surrender herself under the pressure of her husband. In this case the court rule that as the consent of victim was taken by fear it cannot be deemed as consent as she the wife submit her body under the influence of fear or terror of her husband which cannot be constituted as wilful consent.

Therefore the court held this as a rape as her consent was taken under the threat but if the women somehow could not able to raise alarm or resist herself from the sexual assault does not constitute that women surrender herself as in the case of Tukaram v State of Maharashtra[6]where two police officer forcefully assaulted a women and as no marks of resistance were found on her body the court held that it is an consensual intercourse as no alarm was made by women and there were no alarm raised.

Section 90 of IPC explains Consent known to be given under fear or misconception or has reason to believe, if the consent is given by a minor person or who is intoxicated, of unsound mind from unsoundness of mind is unable to understand the nature and consequence of the act for which he/she has given his consentor any consent given by the childless the contrary appears from the context, if the consent is given by a person who is under twelve years of age as happened in the case of Satish Kumar v State of Gujarat[7]where a minor girl had sexual inter-course with his lover and later on marry her.

As the girl was minor, the court convicted him under the offence of the rape by saying that though the sex was done with the consent of girl but she was not capable of give her consent as she does not able to understand the consequences at this age. The girl consent gives her consent without understanding the pros and cons of the act done as she was minor, therefore it will be constitute as rape.

If one feels uncomfortable or feels low while making sexual relations she/he has every right to stop the other person. Therefore, the understanding of word NO or YES should be made very clear at any stage. To give consent and to ask for consent are all about setting boundaries and respecting the other person/partner. The main elements should be free, specific, with no force, and informed. Hence, without consent it is a sexual assault or rape.

The topic that is now days clearly stated an discussed is sex on false marriage constitute as rape, it further explains:
This court had observed on number of occasions that the number of cases where both persons, out of their own will and choice, develop consensual physical relationship, when the relationship breaks up due to some reason, the women use the law as a weapon for vengeance and personal vendetta.[8] They tend to convert such consensual acts as incidents of rape maybe out of anger and frustration. This requires a clear demarcation between the rape and consensual sex, especially in the case where complaint is that consent had been given on promise of marriage.

Sex Education Is An Important Topic To Talk About

Sex education is taught in schools to students to aware them about sex educations and talking from sexual needs to all other sexual diseases are taught as per the new education reforms and looking at the changing needs of the society.

In school from grade eight to tenth topics have given to make a student understand and to addressed such sexuality topics as early as possible to let a student grow and form a better n normalise thinking. There are proper sessions or seminars conducted by school to educate students or sometimes special teachers or doctors are invited to educate the children about sex education in a detailed manner.

Some states don’t have sexual education books, or any policy on their yearly manuals or curriculum. Yet, other state let the parent decide whether their kids should opt for or attend such seminars or sessions. Parent consent is primarily important for a child’s participation in sex education classes.

In general, sex education was introduced in schools to curb unwanted pregnancy and to address heath concerns, such as pregnancy at a young age and STDs. And moreover, sex education should also be considered as an aspect of building relationship. By giving students a foundation in relationship-building and making them understand the notion of care for others can enhance a child mind when turning into attaining an age of adolescence or turning into an adult. It can also prevent them from all the gender stereotype and bias around them.

A recent study from Columbia University's Sexual Health initiative to Foster Transformation (SHIFT) project suggests that comprehensive sex education protects students from sexual assault even after high school.[9]A student who becomes more well-practiced in thinking about caring for one another, they will be less likely to commit sexual violence,and they will be prepared to engage in and support one another in relationships, romantic and otherwise, going forward in relationships.

Fast Track Courses;
The Department of Justice, Ministry of Law and Justice, Government of India has formulated a scheme, on the lines of centrally sponsored schemes.

Such as - Highlights

  • 1023 fast track courts should be set up by the government for rape, POCSO cases.
  • Currently, only 664 fast track courts operational in India.
  • More than 90,000 cases are pending in India of sexual crimes against children.[10]

The move comes six years after the implementation of Protection of Children from Sexual Offences (POCSO) Act in November 2012, which mandates establishment of one such court in each district. These courts were set up to deliver of justice, and often speedy verdicts is delivered. Fast track courts were set up in 2000 to accelerate the delivery of justice and reduce the pendency in courts. Initial they were established for a limited span of time but received huge number of cases form all around the country.

After 12 December 2012, gang rape a brutal gang rape of a young physiotherapy student changed everything, agitators were on streets, the news challenge were flashing the Nirbhaya case, nation wanted a speedy trail. Hence, from there fast track courts got a new lease of life.

POCSO (Protection of Children from Sexual Offences) ACT, 2012:
“Violence in childhood is a Global phenomenon. In India, minor sexual abuse is rampant and has lifelong consequences on child’s life. Yet, this issue goes unnoticed, ignored and unseen in earlier time”.

Child sexual abuse is widespread across the nation, and is impacting all the age group of socio-economic and genders. In India half of the minor faces such sexual abuse (Child Abuse Report, Women and Child Development India).

Despite its high prevalence, violence against children is often hidden or unseen. Child assault is generally not understood and yet, they go unreported. While speaking of child abuse or anything related to their sexuality it is usual considered as a taboo, hence, that is why such cases are unreported because nobody tries to understand the sexual element that prevails for children.

In thus cases the onus is on education system to provide children with basic knowledge of good and bad touch and how to identify unsafe touches or seek help. In case of Sudesh Jhaku v K.C.J[11]also the young child was sexually assaulted by her father as her father used to take her child to his office from there to the hotel room and the two friends also accompany him. There they used to drink alcohol and make her own child to consume alcohol, remover her clothes and then thrust his fingers in her vagina.

However, the education system makes a small effort to address it. There is also limited to the mental health of the child and can continue to affect the person’s life during adulthood if not healed. The initial should be to therapy and counselling for a minor.

Conclusion
In our country violence against women is increasing day by day. Rape, female feticide, acid attacks, domestic violence, and the list goes on and on. Unfortunately, the percentage of these crimes are increasing every year. A Women should be raised to be independent and not the victim of anything. She should have given wings to fly for all the dreams she aspires and, not to cut her wings so that could be in a death-tarp and suffer her whole life being a victim of society.

However, to overcome from this the government amended the section 375 of IPC under which the act of rape should be redefines and must include all forms of non-consensual penetration of sexual nature.

Penetration should itself be widely spread as defined in the south African legislation that it goes beyond the vagina, mouth and anus. In other words the forceful penetration in any part of the girl body will be considered as rape. This amendment was done on the suggestion of the fifth law commission report. Medical examination and registering complaints are also part of this amendment. According to this report if any officer on duty does not file a complaint of rape or try to avoid its investigation will be considered as an offence which shall be punishable as prescribed[12]. ”

Rape and sexual assault are highly victimization, and some are difficult to obtain because they are unreported and neglected because of the peer pressure of society and law enforcement.
Therefore, the criminal perceptive and the public perspective. Whereas, the criminal justice is judged and under punishable under court of law. but, on the other hand, public heath reflects the condition of victim in desired period of time but not criminal ways. Such, the access of justice and the relevance of laws have their own prerogatives in each victimization.

Man-On-Man Rape, Female-On-Female Rape, Female-On-Man Rape and, Man-On-Female Rapeand further, existence of transgender rape can’t be denied in regard to gender neutrality. Law is just comparable to the frameworks and people that execute them.

Thinking and mentalities of the general public should be changed so that women can be treated equally as men and can genuinely be regarded with no discrimination and what are their value in the public eye[13]and we must strive gender neutrality laws for rape. The fear of the law being misused creates a complex situation for all and, on contrary, law which give us a right to protect all our identities.

End-Notes:

  1. https://www.thehindu.com/news/national/court-to-pronounce-quantum-of-sentence-in-muzaffarpur-shelter-home-case-on-feb-4/article30675053.ece
  2. Writ Petition (Criminal) No.85/2018
  3. CRIMINAL APPEAL NOS. 607-608 OF 2017
  4. https://www.indiatoday.in/india/story/fast-tracks-courts-for-rape-pocso-cases-1567392-2019-07-12
  5. Air 1958 Punjab 123
  6. 1979 AIR 185
  7. CRIMINAL APPEAL NO. 353 OF 2020
  8. https://www.bbc.com/news/world-asia-india-47959684
  9. https://www.gse.harvard.edu/news/uk/18/11/sex-education-goes-beyond-sex
  10. https://www.indiatoday.in/india/story/fast-tracks-courts-for-rape-pocso-cases-1567392-2019-07-12
  11. 1998 CriLJ 2428, 62 (1996) DLT 563, 1996 (38) DRJ 22
  12. (Report of the Committee on Amendments to Criminal Law Pg416 . last accessed 03 July 2018 )
  13. UN Women welcomes India’s Criminal Law (Amendment) Act as a deterrent to violence against women” available at http://www.unwomensouthasia.org/2013/un-women-welcomes-india%E2%80%99s-criminal-law-act- as-a-deterrent-to-violence-against-women; accessed on 13.06.2018

    Written By:

    1. Simran Gill - Fairfield Institute Of Management And Techonolgy (GGSIPU)
    2. Harkrishan Sharma - Jindal Global Law School

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