Author: Piyush Sharma, Student at Manipal University, Jaipur.
Different authors gave different definitions of “Rape”. Fundamentally it depends on interpretation, every individual has a distinctive interpretation. The definition of rape depends on cases, if a new case comes again definition of rape will change. Definition of rape is directly or indirectly based on crime or wrongdoing, the word rape is very small as it has just 4 words but it is very heinous crime. For every minute there are so many girls were subjected of this crime. This is exceptionally dishonourable for our society. Who are committing such crimes are animals. Indeed even animals are better than them. These days life of women’s in danger they were not safe in this world. However we are ignoring the fact that men were also being subject to this crime, they are likewise exposed to such heinous crime and they were also sexually harassed. Be that as it may our society does not give importances to this. They believe men just carry out this crime they were never subject to this crime. Every day we see new cases however we don’t do anything. Our legal system made new laws and amendments. Our leaders, politicians debate on this. After 2-3 months we all will forget. We all say this government is not apt and have to do something, give capital punishment to offenders of this crime. However in all actuality nobody take initiative to stop this crime. In past time girls, women were not safe outside their home but know in today’s time they were not safe in home, in school, in colleges, in tuition as their father, uncle, brother and relative were committing this offensive crime in few cases. This is very shocking and even no one believes that father rape his own daughter or a son rape his own mother or sister.
SECTION 375 OF IPC DEFINE “RAPE”
Rape has two parts:
- Non-consensual penetration of any orifice in a woman by man.
- Non-consensual touching of any orifice with the mouth.
According to sec375 of IPC these following acts are considered as rape, if a man done any act which is mention bellow then it is considered that he committed the rape.
- Sexual intercourse without her will.
- Sexual intercourse without her consent.
- She gives consent because she or someone she knows is in danger.
- She gives consent because she is drunk or drugged or mentally ill.
- She gives consent because she thinks that the accused is another man to whom she is or believes herself to be lawfully married.
- When she is under eighteen year of age.
- When she is unable to communicate consent.
Before 2013 ( Nirbhaya gang-rape case) the definition of rape is different after this case the definition of rape is changed.
EFFECT OF RAPE ON VICTIM AND HIS FAMILY
A rape is an offence which destroys the life of victim and his family. The rape victims and their families Suffer a lot. They won’t be able to face society. Society treats them in a way that they committed the offence, because of such treatment victims and their families committed suicide or end their life. Because of this entire problem there are so many victims which do not file a case. They were afraid of their reputation, they were unable to understand the situation that how they deal with such situation. They even doesnot share to someone that they were facing such problem.
RAPE OF A JUVENILE
Not only women are subject to rape, but the juveniles are also being subject of rape. When we talk about the rape of a juvenile first incident that clicks in our mind is the Mathura rape case we cannot ignore this case how a police officer’s who known as protectors of the law themself committed such crime, never expected from them. Hathras gang rape and murder case, a 19-year-old Dalit girl was gang-raped and murder in UP. Every day there is a new case or we read in newspaper or online that juveniles were raped,
This list shows that juveniles are also not safe.
- 17 year old girl raped and molested by 44 men in Kerala
- 14 year old girl allegedly raped by 4, including juvenile in Delhi.
- 3 year old girl raped by 16 year old boy in West Bengal.
- 4 minors raped their 14 year old relative in UP.
- 15 year old girl raped by cousins in Haryana.
- 5 year old gang raped by 2 minor boys in Delhi.
- Two juveniles raped 7 year old girl Delhi.
- 13 year old boy raped a 12 year old girl in Bihar.
- 14 year old boy raped his 5 year old cousin in Bharatpur. (2018)
There are number of cases of juvenile rape, not only men raping juveniles but juveniles also raping juveniles. According to 2017 reports, in India by the National Crime Records Bureau (NCRB) 1614 rapes, 1456 other sexual assault offenders were juveniles in the country, and 1614 cases of rape were against juveniles.
RELEVANT PROVISIONS AND LAWS
- Section 375 of IPC
- Protection of Children from Sexual Offences Act, 2012
- Criminal law ( Amendment Act ), 2013
- Juvenile Justice ( Care and Protection of Child ) Act, 2015
- Criminal law ( Amendment Act ), 2018
A FEW REASONS OF COMMITTING CRIMES LIKE RAPE
There are such countless reasons of rape, some say rape happens because of the size of the dress, makeup etc..
- Child sexual abuse
- Drug abuse
- Abusive parents
- Thinking of peoples.
- Child pornography.
The rape wrecks the harmony and security of victim and her family, the rape hurt physically as well as mentally. The victims of rape and their families endure such countless issues. Victims think their life is finished, each day they think to take their life or die by committing suicide. we have such countless laws, great judiciary framework, strong police forces even then additionally we can’t ensure our sisters, mothers, spouses security from this heinous offense. Because of which numerous ladies lost their life, their families, livelihoods in view of rape. presently it’s our obligation to give security to our society and family, we need to make a solid move against the people groups who are commiting this crime.