ABSTRACT

Sexual assault being a common phenomenon in India has terrified women in the past few years.
It keeps getting carried forward to generations, and is classified as molestation, eve-teasing,
child abuse, rape, marital rape, domestic violence and so on. According to the Indian Penal
Code section 375 which deals with rape, it is the most inhuman and vicious form of violence
committed against a person. It is similar to that of murder which destroys the physical structure
of the victim, but a rapist degrades and destroys the soul of another person.

This paper analyses in detail the mode of increasing Sexual Crimes in the country particularly
concentrating over Rape Victims who are the bait for such a brutal act. Since ages, rape has
been an existing blemish over our society. Rape is a crime against basic human rights and is also
violative of the victim’s most cherished fundamental rights, normally, the right to life contained
in Article 21 and gender equality under Article 15. This latter problem in simple term is known
as Gender Bias which amounts to increase in rape across the country. Gender roles are
ingrained deeply, however, and that is no more apparent than in the current rape epidemic.

Also, the authors of this paper would devolve into evolution and contemporary issues on such a
hideous crime activity, mainly concerned with Indian Scenario along with landmark case laws.
However, this paper would also be taking note on exploring over different stands taken by
various countries as to have an idea as to where the country is lagging behind in the manner or
mode in delivery of justice and reforms to be adopted for a better and safer society to live in.

KEY WORDS: Rape, Sexual Assault, Crime, Women Victims.

 “A murderer kills the body but a rapist kills the soul"

- Justice Krishan Iyer1

INTRODUCTION

"85-year-old man arrested for raping a school girl", "colonel arrested for raping colleague's
daughter in Shimla", "for divorce, man lets 3 friends rape his wife" and worst of all "4-year-old
boy rapes his classmate"

In our society violence is outpouring, along with the technological development in the nation,
violence against women is also growing side by side, where time being the real eyewitness of all
the sufferings borne by the women of our country. One among the various violence against
women is rape. Rape being identified as a crime, which has a distressing effect on the victims
and it has been described as a “beginning of a nightmare”. India being a traditional male
dominated country, along with closed attitude of judges towards a crime against a person
amounting to delay in justice is a proven fact that since ancient time, women had to face various
violence. Rape outrages a woman's modesty. After a rape incident, a woman lives a pathetic life
which includes fear, depression, guilt complex, suicidal action and social stigma. 2 Hence there is
an urgent need for awareness and women empowerment for them to be responsible towards
themselves and to understand all the rights guaranteed to them and take benefits.

The last century has been a token of progress for women, but at times it has been as stubborn as
all the centuries preceding it. Ending gender-based violence is a global movement and it is
presently spreading across the world particularly in the United Nations.3 The Indian government
rather than branding rape as a crime against a woman should deem it be crime against the
chastity as a whole amounting to be a shame to the country.

It is of utmost importance to elucidate the concept behind the notion "violence against women"
which typically means abuse and comprises any sort of bodily aggression or misbehavior.4 On
the other hand, Rape victims are also put off from reporting the crime because Indian policemen

1
Rafiq v State of UP (1981) AIR 559, 1981 SCR (1) 402
2
Bhalla, A., & Vishnu, G. (2012). The Rapes will Go on.
3
Convention on Elimination of all forms of Discrimination Against women (CEDAW ) of 1979
4
Crime against women 2013, reference no. 2/RN/Ref./2013.
who are notoriously horrific at handling cases of sexual assault. It is not uncommon for police
officers to flatly refuse to file a victim’s complaint, especially if the person accused are of a
dominant caste or have political connections. Besides, many women do not feel safe going to an
all-male police station.

RAPE IN MODERN INDIAN SOCIETY

Though the criminal justice system aims at proper justice to be provided to the victim, it is
however an unbelievable but realistic fact that no form of justice can counterbalance the
sufferings of a victim. During ancient period, women were given the highest level of respect and
they lead a modest life, but with the advent of growing political, economic and social changes
they lost their status and have been neglected and considered as a "thing" to be enjoyed by men
in the society. In India rape is horrendous and pervasive fact of life, a common occurrence that
makes everyday news, and in recent times the incidents have increased sharply. There have been
shocking crimes against women recorded day by day and has been getting rampant. According to
National Crime Records Bureau statistics, 24,206 rapes were recorded in 2011 and about
327,394 cases were recorded in 2015, equivalent to one rape every 20 minutes. A high-profile
savage gang rape case in December 2012 where a paramedic student was gang raped with
unimaginable acts of cruelty, has provoked widespread anger and pricked the conscience of the
nation with unprecedented protests and debates which drew the world attention.5 Again in
August 2013 a similar brutal gang rape case in Mumbai stirred memories similar to the
December 2012 case.6

Amongst the growing crimes in India such as murder, kidnapping etc., Rape is the considered the
as the most outgrowing one. The perception towards rape in India varies, it has two extremes,
such as liberal and radical. Perception towards liberal is considered as an assault, and radical is
that where the

Add cases.

GENDER SINSITISATION

5
Mukesh and another v state for NCT of Delhi and another
6
State of Maharastra v. Mohammed ashfaq dawood and another
REASONS BEHIND RAPE OF A PERSON

The very first and foremost cause for increase of rape at an alarming rate is the lack of public
safety. Numerous reports have been filed where the guilty has committed the crime in the house
of the victim. There is no safety for women inside and outside their own household. Not just
women, men are also victims of rape. After, the Nirbhaya case in 2012 which awakened the
national attention and men started to speak out of them being rape survivors as well.7 Also it is
pertinent to note that only after such a disheartening and cruel act in 2012, our country's new
government has promised its citizenries the "zero tolerance" of crime against women which is
likely to form a wider basis for several criminal law decisions in the future.

In order to gauge upon the reasons behind why woman are always the rape victims, it is material
to comprehend the theories and facts as gathered by various feminist, scholars and psychologist
over a period of time. The bitter known age-old theory on rape is that "man desires to impose
their sexual desires on woman so that their offspring's bear the quality as they do". But the

CAPITAL PUNISHMENT SETS OUT MORALITY OR NOT

RAPE SURVIVORS: ANALYSIS

While a murderer destroys the physical frame of the victim, a rapist degrades and defiles the soul
of a helpless female

7
The news minute, july 17, 2014