Crime Against women: Rape, A homicidal act, an assault on humanity
It is a universally recognized truism today that "an affluent society tends to grow into a violent". Gandhiji highlighted this truth long ago, when he pointed out that you cannot get American dollars without American vice. The truth of this statement is brought out by the conditions that prevail in India today. Today the crime against women is in the top geared position. Escalation in rape, sexual harassment, passing grim comments are shameless in our society.
When it comes crime against women, delhi (the capital of India) shows a quite clear picture to us. This year so far, 220 cases if rape have been registered in delhi i.e. on an average every 24 hours, at least one case of rape is registered. The alarming fact is that despite the police claims of tough enforcement and action against the accused, the number of crimes against women has increased this year. Last year, 210 rape cases were reported, the number of crimes agaisnt women has increased this year. Molestation cases too have seen a rise- 135 cases have been registered so far.
Few days back, I got a call from one of my close friend from Agra (the land of The Taj). She got a job in delhi. She told me, " Should I join there or not." I positively replied, " you should be."
" My parents are not allowing." She responded.
"Why, it would be a great opportunity for you, such options rarely knocks." I replied.
"Delhi is the cheapest, worst and most unsafe city for women. they said" she furiously responded.
Finally she quits the offer to the company due to recent incidents taken place in the capital. Even teen girls are not safe in the capital.
On the other hand sexual harassment is also a big problem. Sexual harassment and rape are two sides of the same coin. Both showcase the power of man to dominate that of women. Both have one victim- ‘women’. Both are barbaric in nature; but many people extenuate sexual harassment to rape, just because the victims are not physically harmed. Whereas in rape- the victim is ravished like an animal for the fulfillment of desire and lust of another man. Both have the same object- to undermine the integrity of the victim, physically as well as mentally.
As observed by Justice Arjit Pasayat:
" While a murderer destroys the physical frame of the victim, a rapist degrades and defiles the soul of a helpless female."
In instances where women have reported such illegal and unwelcome behavior, there have been significant victories in the past decade or so. Also considering the fact the sometimes these victories are achieved after a wait of a decade or so.
In Rupan Deol Bajaj Vs. K PS.Gill1, a senior IAS officer, Rupan Bajaj was slapped on the posterior by the then Chief of Police, Punjab- Mr. K P S.Gill at a dinner party in July 1988. Rupan Bajaj filed a suit against him, despite the public opinion that she was blowing it out of proportion, along with the attempts by all the senior officials of the state to suppress the matter.
The Supreme Court in January, 1998 fined Mr.K P S.Gill Rs.2.5 lacs in lieu of three months Rigorous Imprisonment under Sections. 294 and 509 of the Indian Penal Code.
In N Radhabai Vs. D. Ramchandran2, when Radhabai, Secretary to D Ramchandran, the then social minister for state protested against his abuse of girls in the welfare institutions, he attempted to molest her, which was followed by her dismissal. The Supreme Court in 1995 passed the judgment in her favour, with back pay and perks from the date of dismissal.
Vishaka’s case:3
It was in 1997 in Vishaka Vs. State of Rajasthan and others, that for the first time sexual harassment had been explicitly- legally defined as an unwelcome sexual gesture or behaviour whether directly or indirectly as
1. Sexually coloured remarks
2. Physical contact and advances
3. Showing pornography
4. A demand or request for sexual favours
5. Any other unwelcome physical, verbal/non-verbal conduct being sexual in nature.
It was in this landmark case that the sexual harassement was identified as a separate illegal behaviour.The critical factor in sexual harassement is the unwelcomeness of the behaviour. Thereby making the impact of such actions on the recipient more relevant rather than intent of the perpetrator- which is to be considered.
Section. 375 therefore requires:
a) Sexual intercourse by a man with a woman;
b) The sexual intercourse must be under any of the six circumstances given in the section.
Criminal Law Amendment Act, 1983:
The Criminal Law Amendment Act has substantially changed Sections.375 and 376 of the IPC. Several new sections have been introduced therein- viz. Sections. 376(A), 376(B), 376(C), 376(D) of the IPC.
Section. 376(A) punishes sexual intercourse with wife without her consent by a judicially separated husband.
Section. 376(B) punishes for sexual intercourse by a public servant with a woman in custody.
Section. 376(C) punishes sexual intercourse by superintendent of jail, remand house, etc. whereas,
Section. 376(D) punishes sexual intercourse by any member of the management or staff of a hospital with any woman in that hospital.
These new sections have been introduced with a view to stop sexual abuse of women in custody, care and control by various persons- which though not amounting to rape were nevertheless considered highly reprehensible.
Impediments to Justice:
In the present circumstances when offences against women are on the rise- when young girls are raped by their doctors, by presidential guards in broad daylight, the definition of rape to be of any deterrence- falls extremely inadequate. It does not address forced penetration of objects and parts of the body into the vagina and anus; and forced oral or anal intercourse.
It also does not recognize other forms of sexual assaults- like protracted sexual assault by relatives, marital rape etc. as aggravated forms of rape. This causes grave injustice to many victims. In many cases of child rape, the child has been penetrated through fingers or by objects or been force to perform oral or anal sex; yet this is not considered rape by the Courts.
Adding to this is Section. 155(4) of the Evidence Act, which allows the victim to be questioned of her past sexual history- which the defense uses to humiliate the victim in the Courtroom.
One of the major obstacles in delivering justice in rape cases is the poor quality of investigations. The reason behind this ranges from gender bias and corruption to the general inefficiency of the police. In many cases the police have even refused to lodge the FIR or have lodged incomplete FIR.
The victims are not taken for prompt medical examination, because in cases of rape, or attempt to rape- medical examination of the victim and of the accused soon after the incident often yields a wealth of corroborative evidence. Therefore, such an opportunity should not be lost by the police.
The manner in which some courts have interpreted the law or assessed the evidence has often proved to be an obstacle also. Inspite of Supreme Court judgments to the contrary, lower court judges often insist on evidence of physical resistance or marks of injuries to hold that a woman has not consented. A woman’s evidence without corroboration is not considered sufficient.
The long time that is taken to complete a rape trial often by allowing senseless adjournments; and the giving of evidence by the victim in the presence of the accused and the harsh cross examination in the Court are some other major obstacles.
As observed by Krishna Iyer, J. in Rafique’s case13:
"When a woman is ravished, what is inflicted is not mere physical injury but the deep sense of some deathless shame… judicial response to Human Rights cannot be blunted by legal bigotry."
Therefore rape laws in order to be of great deterrence, must have a cooperative victim, professional investigation, diligent prosecution; and an expeditious trial. For otherwise it shall not be the law, that fails, but the applicants, the process and application.
Failure of law reflects the failure of the society to protect and serve humanity.
In view of the above, the Supreme Court has laid down the following guidelines for the trial of rape cases
Its concluded that the crime against women is a social evil. The courts and the legislature have to make many changes if the laws of rape are to be any deterrence. The sentence of punishment, which normally ranges from one to ten years, where on an average most convicts get away with three to four years of rigorous imprisonment with a very small fine; and in some cases, where the accused is resourceful or influential- may even expiate by paying huge amounts of money and get exculpated. The courts have to comprehend the fact that these conscienceless criminals- who sometimes even beat and torture their victims- who even include small children, are not going to be deterred or ennobled by such a small time of imprisonment. Therefore, in the best interest of justice and the society, these criminals should be sentenced to life imprisonment.
However, if they truly have realized their mistake and wish to return to society, the Court and jail authorities may leave such men on parole; but only after they have served a minimum of half the sentence imposed on them.
It is outright clear that sexual offences are to be excoriated, but if death sentence is given to such convicts- so as to deter the rest, then no doubt that the graph of rape cases will come down considerably- but it may also happen that those who commit such offences- simply to leave no witnesses or evidence, may even kill their victims and dispose off their bodies (whereas it is observed that in most cases- it is the victim who is the only source of evidence in most cases), thereby frustrating the main object of the Indian Penal Code and the legislature.
Studying the laws, the process, the application of those laws, one thing is certain- the entire structure of justice needs an over haul, otherwise the victim shall no longer the woman, but humanity.
When it comes crime against women, delhi (the capital of India) shows a quite clear picture to us. This year so far, 220 cases if rape have been registered in delhi i.e. on an average every 24 hours, at least one case of rape is registered. The alarming fact is that despite the police claims of tough enforcement and action against the accused, the number of crimes against women has increased this year. Last year, 210 rape cases were reported, the number of crimes agaisnt women has increased this year. Molestation cases too have seen a rise- 135 cases have been registered so far.
Few days back, I got a call from one of my close friend from Agra (the land of The Taj). She got a job in delhi. She told me, " Should I join there or not." I positively replied, " you should be."
" My parents are not allowing." She responded.
"Why, it would be a great opportunity for you, such options rarely knocks." I replied.
"Delhi is the cheapest, worst and most unsafe city for women. they said" she furiously responded.
Finally she quits the offer to the company due to recent incidents taken place in the capital. Even teen girls are not safe in the capital.
On the other hand sexual harassment is also a big problem. Sexual harassment and rape are two sides of the same coin. Both showcase the power of man to dominate that of women. Both have one victim- ‘women’. Both are barbaric in nature; but many people extenuate sexual harassment to rape, just because the victims are not physically harmed. Whereas in rape- the victim is ravished like an animal for the fulfillment of desire and lust of another man. Both have the same object- to undermine the integrity of the victim, physically as well as mentally.
As observed by Justice Arjit Pasayat:
" While a murderer destroys the physical frame of the victim, a rapist degrades and defiles the soul of a helpless female."
In instances where women have reported such illegal and unwelcome behavior, there have been significant victories in the past decade or so. Also considering the fact the sometimes these victories are achieved after a wait of a decade or so.
In Rupan Deol Bajaj Vs. K PS.Gill1, a senior IAS officer, Rupan Bajaj was slapped on the posterior by the then Chief of Police, Punjab- Mr. K P S.Gill at a dinner party in July 1988. Rupan Bajaj filed a suit against him, despite the public opinion that she was blowing it out of proportion, along with the attempts by all the senior officials of the state to suppress the matter.
The Supreme Court in January, 1998 fined Mr.K P S.Gill Rs.2.5 lacs in lieu of three months Rigorous Imprisonment under Sections. 294 and 509 of the Indian Penal Code.
In N Radhabai Vs. D. Ramchandran2, when Radhabai, Secretary to D Ramchandran, the then social minister for state protested against his abuse of girls in the welfare institutions, he attempted to molest her, which was followed by her dismissal. The Supreme Court in 1995 passed the judgment in her favour, with back pay and perks from the date of dismissal.
Vishaka’s case:3
It was in 1997 in Vishaka Vs. State of Rajasthan and others, that for the first time sexual harassment had been explicitly- legally defined as an unwelcome sexual gesture or behaviour whether directly or indirectly as
1. Sexually coloured remarks
2. Physical contact and advances
3. Showing pornography
4. A demand or request for sexual favours
5. Any other unwelcome physical, verbal/non-verbal conduct being sexual in nature.
It was in this landmark case that the sexual harassement was identified as a separate illegal behaviour.The critical factor in sexual harassement is the unwelcomeness of the behaviour. Thereby making the impact of such actions on the recipient more relevant rather than intent of the perpetrator- which is to be considered.
Section. 375 therefore requires:
a) Sexual intercourse by a man with a woman;
b) The sexual intercourse must be under any of the six circumstances given in the section.
Criminal Law Amendment Act, 1983:
The Criminal Law Amendment Act has substantially changed Sections.375 and 376 of the IPC. Several new sections have been introduced therein- viz. Sections. 376(A), 376(B), 376(C), 376(D) of the IPC.
Section. 376(A) punishes sexual intercourse with wife without her consent by a judicially separated husband.
Section. 376(B) punishes for sexual intercourse by a public servant with a woman in custody.
Section. 376(C) punishes sexual intercourse by superintendent of jail, remand house, etc. whereas,
Section. 376(D) punishes sexual intercourse by any member of the management or staff of a hospital with any woman in that hospital.
These new sections have been introduced with a view to stop sexual abuse of women in custody, care and control by various persons- which though not amounting to rape were nevertheless considered highly reprehensible.
Impediments to Justice:
In the present circumstances when offences against women are on the rise- when young girls are raped by their doctors, by presidential guards in broad daylight, the definition of rape to be of any deterrence- falls extremely inadequate. It does not address forced penetration of objects and parts of the body into the vagina and anus; and forced oral or anal intercourse.
It also does not recognize other forms of sexual assaults- like protracted sexual assault by relatives, marital rape etc. as aggravated forms of rape. This causes grave injustice to many victims. In many cases of child rape, the child has been penetrated through fingers or by objects or been force to perform oral or anal sex; yet this is not considered rape by the Courts.
Adding to this is Section. 155(4) of the Evidence Act, which allows the victim to be questioned of her past sexual history- which the defense uses to humiliate the victim in the Courtroom.
One of the major obstacles in delivering justice in rape cases is the poor quality of investigations. The reason behind this ranges from gender bias and corruption to the general inefficiency of the police. In many cases the police have even refused to lodge the FIR or have lodged incomplete FIR.
The victims are not taken for prompt medical examination, because in cases of rape, or attempt to rape- medical examination of the victim and of the accused soon after the incident often yields a wealth of corroborative evidence. Therefore, such an opportunity should not be lost by the police.
The manner in which some courts have interpreted the law or assessed the evidence has often proved to be an obstacle also. Inspite of Supreme Court judgments to the contrary, lower court judges often insist on evidence of physical resistance or marks of injuries to hold that a woman has not consented. A woman’s evidence without corroboration is not considered sufficient.
The long time that is taken to complete a rape trial often by allowing senseless adjournments; and the giving of evidence by the victim in the presence of the accused and the harsh cross examination in the Court are some other major obstacles.
As observed by Krishna Iyer, J. in Rafique’s case13:
"When a woman is ravished, what is inflicted is not mere physical injury but the deep sense of some deathless shame… judicial response to Human Rights cannot be blunted by legal bigotry."
Therefore rape laws in order to be of great deterrence, must have a cooperative victim, professional investigation, diligent prosecution; and an expeditious trial. For otherwise it shall not be the law, that fails, but the applicants, the process and application.
Failure of law reflects the failure of the society to protect and serve humanity.
In view of the above, the Supreme Court has laid down the following guidelines for the trial of rape cases
Its concluded that the crime against women is a social evil. The courts and the legislature have to make many changes if the laws of rape are to be any deterrence. The sentence of punishment, which normally ranges from one to ten years, where on an average most convicts get away with three to four years of rigorous imprisonment with a very small fine; and in some cases, where the accused is resourceful or influential- may even expiate by paying huge amounts of money and get exculpated. The courts have to comprehend the fact that these conscienceless criminals- who sometimes even beat and torture their victims- who even include small children, are not going to be deterred or ennobled by such a small time of imprisonment. Therefore, in the best interest of justice and the society, these criminals should be sentenced to life imprisonment.
However, if they truly have realized their mistake and wish to return to society, the Court and jail authorities may leave such men on parole; but only after they have served a minimum of half the sentence imposed on them.
It is outright clear that sexual offences are to be excoriated, but if death sentence is given to such convicts- so as to deter the rest, then no doubt that the graph of rape cases will come down considerably- but it may also happen that those who commit such offences- simply to leave no witnesses or evidence, may even kill their victims and dispose off their bodies (whereas it is observed that in most cases- it is the victim who is the only source of evidence in most cases), thereby frustrating the main object of the Indian Penal Code and the legislature.
Studying the laws, the process, the application of those laws, one thing is certain- the entire structure of justice needs an over haul, otherwise the victim shall no longer the woman, but humanity.
