Rape is one of the top four crimes against women in India, according to NCRB data, with about 86 incidents being reported each day. It’s unknown how many actual cases—including unreported ones—there are.
Again, the extremely contentious Bilkis Bano case of 2002 brought up the issue of rape and raised systemic issues when the 11 prisoners were released from life in prison after serving 15 years in prison, despite having previously been released on parole, furlough, and bond. Another instance included the spiritual leader and so-called Dera Saccha Sauda chief Baba Ram Rahim, who was convicted of several rapes and murders yet was released on parole. It brings back memories of the Mathura and Delhi gang rapes.
Before discussing the current state of affairs in the nation and the legal loopholes that people are utilising to avoid punishment, it is important to consider why India is so unwilling to address rape, its victims, and its convicted perpetrators.
Rape: What exactly is it?
According to Section 375 of the Indian Penal Code, 1860, rape is defined as a sexual attack against a woman’s will, where a woman consents but not knowingly or freely, or where a woman consents while she is under the age of sixteen. With one exception—if the woman is under 15 years old, marital rape is not regarded as rape.
The legal minimum age for minors was raised to 18 in 2013, and rape committed within a marriage will now be taken into account if the pair is living apart.
Why are just 10% of instances reported?
The majority of rape incidents, including marital rape, go unreported. The causes are numerous and varied-
- Victim Blaming
- Shame on the Victim
- Most likely, a familiarity with the offender.
- Only a small number of recorded cases end in a decision.
- Corruption in the legal system
- Fearlessness in prisoners.
- the acceptance of rape as common behaviour.
One of the main causes of underreporting, not just in India but throughout the entire world, is that the victim is almost always held responsible for the rape, which embarrasses them. The victim made the error, not the offender, according to the patriarchal system used in India, and if society finds out about it, they will dump the victim, including family, friends, and close associates.
According to reports, the victim knows the offender in three out of every four incidents. In that situation, the victim refrains from sharing out of shame. Even if they do disclose, they risk being silenced by their own people, especially if the offender is a relative. The victim also chooses not to come forward if the offender is a friend, live-in partner, coworker, or anybody else with whom they have a connection since they understand that speaking out against the crime will portray them as a guilty party rather than a victim.
Another factor for underreporting is the system’s apathy. Even if the victim comes forward and raises their voice, the system won’t support them, and because of systemic corruption, not all rape victims will receive the appropriate punishment.
Another factor is the declining sex ratio, which, according to science, makes men who are single feel frustrated and drives them to engage in violent and irrational behaviour. And society victimised just the criminals, viewing it as a natural occurrence. Men also have numerous preconceived notions about women and their wants as a result of the development of the internet. In a patriarchal culture, men believe they are inherently superior to women and use various tactics to subjugate them.
All of these factors lead the offender to believe that they will never be punished, regardless of what they do.
What recent incidents have been the subject of months’ worth of news coverage?
- The Bilkis Bano case is the most recent instance. A woman named Bilkis Bano was gang-raped by 11 individuals while she was five months pregnant during the Gujarat Riots in 2002, and the mob also killed her three-year-old daughter along with seven other family members.
The offenders were given life sentences after the woman consulted NGOs and law enforcement, however after serving more than 14 years in prison, the convicts were asked for release. The Supreme Court was recently informed by the Gujarat Government that it had decided to free the convicts in exchange for good behaviour. However, some of the prisoners who were released from prison faced various assault charges. The government was questioned by the Supreme Court as to why such decisions were made and how the convicts completed their 15 years in prison given that they were released on parole, furlough, and bail at various points during their incarceration. The Supreme Court decided to issue its final decision on November 29, 2022.
- Parole
A brief term of conditional release. Typically, it is supplied as the sentence time is approaching to a conclusion. And parole is granted to assist persons in assimilating into society. It is obtained for a maximum of one month.
- Furlough
It is a conditional release as well, but it is frequently granted to those who receive lengthy prison sentences. Its goal is to enable inmates to keep up their social networks. No particular justification is required for the release of a prisoner on furlough. With a specific period, conviction is permitted. It can be obtained for up to fifteen days.
- Gurmeet Ram Rahim, the leader of Dera Sacha Sauda, was granted parole multiple times due to political considerations despite having been found guilty of murdering others and raping two of his followers. He was previously released during the elections in Punjab, and he was just liberated once more as a result of the elections in Haryana. He is currently incarcerated for 20 years. He then proceeded to his dera in Uttar Pradesh and met his followers shortly after being granted parole. This raises serious concerns about both the system and the government.
- In the Lakhimpur Rape and Murder Case, two Dalit girls were gang-raped, killed, and then hanged from a tree in Lakhimpur Kheri, Uttar Pradesh, by six convicted criminals. The very next day after the deed, the defendants were ultimately apprehended.
- Four people raped and killed a veterinarian doctor in Hyderabad, and the authorities later caught up with the suspects.
- There are other cases that caught the nation’s attention, including the Mathura case, the Unnao case, the Kathua case, and the Delhi Gang Rape case.
This raised doubts about the Government’s ability to protect women’s rights, rape victims, and convict the accused. Puts a bigger question on Society where, on the one hand, we talk about liberalisation, feminism, equality, and privacy and, on the other hand, where women and occasionally men also get molested and assaulted, also includes Marital Rape and where, despite numerous laws, none of them are able to protect the Fundamental right, which is the Right to live with Dignity. Is this the culture we live in today? These queries may call for some food for thought.
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