Growing Incidents of Rape and Indian Justice System

Must Read

An Insight into Custodial Death in India

“The occurrence of Custodial deaths in the world’s greatest democracy has raised the eyebrows of every citizen and shaken...

Implications in Travel Insurance in Light of the COVID-19 Crisis

As the world, today is crippled by this once in a century pandemic and as of date more than...

Second-Round Effects of Rent Control Laws: The Argentine Case

Introduction In colonial India, a city had an issue with its cobra population, which was a problem clearly in need...

Why Are the Big Techs of Silicon Valley Accused of Anti-Competitive Behaviours?

The big tech giants of the Silicon Valley are facing major challenges with relation to their monopolistic powers after...

KSK announces Sanjay Kumar as a Partner for Pharma & Life Sciences Practice

New Partner for KSK's Pharma & Life Sciences Practice King Stubb & Kasiva recently announced that Mr Sanjay Kumar has...

The Debate Between IPR and Competition Law Explained

There are various market processes or structures that govern market scenario. For simplicity, this paper focuses on two mechanisms:...

Follow us

Rape is one of the most heinous and most despised crimes since the inception of the concept of the crime itself. According to 2013 annual report of the National Crime Records Bureau (NCRB), 24,923 rape cases were reported across India in 2012. In the year 2015, the number of reported rape cases increased to 34,651. Statistics show that for the last 5 years, the rate of rape incidents committed in India has increased by 277, and as of now, about 92 women are raped every single day in India. The biggest mystery that lays unanswered is the cause of this much surge in the rate of this abominable crime, that too amidst a culture that worships women as Gods.

The primary problem lies in the mentality of the patriarchal Indian society wherein a woman is considered inferior to men. It lies in the thought that a man has the right to rule over the body, mind, and soul of a woman; that a woman is incomplete without a man. It lies in the thought that a woman dressed “provocatively” wants to be raped. A woman going out to discotheques and pubs, drinking, smoking or going out with a group of boys is considered to be an easy catch. She is labeled to be characterless, “a bad woman” and is considered to be giving an “invitation to rape”.

The question that arises in the mind of male individuals upon women’s freedom is: “She is a woman. How can she?”. On parallel lines, a man dressed fashionably is cool. He is a dude if he drinks and smokes and has girls swooning around him. How does the society justify this? The mentality that a man must prove his manhood by getting laid with a girl. This patriarchal mentality itself is the main cause of the increasing rape scenario. The root of all causes lies in this cheap mentality. Of course, it is not true for all sectors of the Indian society and cannot be generalized, but it stands true for a majority of the cases.

However, the things have begun to change. The confidence has made women come out of silence and speak up against crime. They have started to report the rape and molestation attempts they have faced with enough guts. It is not that earlier there were lesser rape attempts, but women wouldn’t come up and report them. Awareness amongst women in this regard has truly helped. Moreover, it is the realization that they have had enough of it. Loopholes still exist in our lawmaking system which as of now does not recognize “marital rape”.

There are opinions amongst the public that the main reason for increasing rates of rape is a lack of proper punishment. For example, in a very notoriously popular case from Kerala, the Soumya rape-murder case, the death sentence granted by the High Court of Kerala was commuted into a life imprisonment, on the basis of a few trifling twist of facts. Then again later in the Delhi rape case, the culprit who is said to have been the cruelest to the victim, was given lighter punishment, considering he was a few months away from attaining majority. Even though the Juvenile Justice Act was amended to overcome these types of situations in the future, the above said incidents along with many other innumerable examples, are causing the public to lose faith in the Indian Justice Administration system, which probably increases the crime rate as well.

In March 2013, a Swiss couple who were cycling from Orchha to Agra decided to camp for a night in a village in Datia District. There they were physically assaulted by eight locals, robbed, the man was overpowered and tied up, while the 39-year-old woman was gang-raped in front of her husband at the village. The Swiss government issued a travel advisory in 2013 about the “increasing numbers of rapes and other sexual offenses” happening in India. Rape cases against international tourists have led several countries to issue travel advisories that “women travellers should exercise caution when travelling in India even if they are travelling in a group; avoid hailing taxis from streets or using public transport at night, and to respect local dress codes and customs and avoid isolated areas”,which is a serious blotch on the face of India in front of the international community.

“women travellers should exercise caution when travelling in India even if they are travelling in a group; avoid hailing taxis from streets or using public transport at night, and to respect local dress codes and customs and avoid isolated areas”,

India is losing its self-respect due to these uncouth acts of certain Indians, which is far worse than losing an image before other communities. India which was once known for its diverse cultures and natural beauty is now known for its intolerance towards women, other communities and the overall rise in the crime rates.

In India, it always takes a very large Issue to address certain areas which should be thought of at the time of legislation. For example, it took Visaka v. State of Rajasthan to address the sexual harassment at workplaces and it took a Delhi rape case to reconsider the definition of juvenile. All these aspects had to be thought of by the so-called lawmakers, who are more interested in prospering their own wallets instead of prospering the society. As a result of the 2012 Delhi gang-rape case, the Indian government implemented a fast-track court system to rapidly prosecute rape cases, which again was supposed to be done earlier.

The conviction rate for rapists has fallen at a steep rate over the past 40 years. Out of all the rape trials in India, only one out of four leads to a conviction. The conviction rate for Rape cases in India was 44.3 percent in 1973, 37.7 percent in 1983, 26.9 percent in 2009, 26.6 percent in 2010, 26.4 percent in 2011, 24.2% in 2012 and 27.1% in 2013.

So the question that every Indian must ask himself is that whether he should be an actual Indian, by holding up the values of our country, one of the most ancient civilizations in the world, or to be an uncouth barbarian, destroying the very fabric of Indian Culture, the respect for women. No law can lay waste to any evil that cannot be destroyed by sheer human will.

LEAVE A REPLY

Please enter your comment!
Please enter your name here

This site uses Akismet to reduce spam. Learn how your comment data is processed.

Latest News

Bombay High Court Allows Export of Pending Consignment of Onions in Respect of Which Shipping Bills Have Been Generated Before Notification of the Ban

A writ petition challenging the notification dated 14th September 2020 to ban the export of onions was filed by the Exporters Association before the...

Delhi HC: Mens Rea Essential Before Passing an Order U/S 14b of EPF Act

  In the matter of M/s Durable Doors and Windows v APFC, Gurugram, the bench allowed the Petitioner's appeal holding that mens rea is an...

Delhi HC: Language of Statement and Testimony of Complainant Need Not Be Identical

A single-judge bench of J. Vibhu Bakhru of the Delhi High Court upheld the accused's conviction in Kailash @ Balli v State. The bench...

COVID Results Shall Be Conveyed To the Person Within 24 Hours: Delhi High Court

The order has come in a writ petition moved by Rakesh Malhotra. The Petitioner herein seeks to ramp up testing facilities in Delhi.   Facts of...

Delhi High Court Sets Aside the Order of the Trial Court in the Chief Secretary Assault Case

In the case of Mr. Arvind Kejriwal & Anr. V. State NCT of Delhi, Mr.Justice Suresh Kumar Kait has set aside the 24.07.2019 Order...

Delhi High Court Temporarily Restrains Vintage Moments’ Alcohol Sale in Case of Trademark Infringement

The manufacturers of the Alcohol Brand Magic Moments had filed a suit. The Delhi High Court has passed an order restraining the manufacturing, marketing,...

NGT Red-Flags Kaleshwaram Project: Green Clearance Violated the Law, Halt Work

Excerpt The National Green Tribunal (NGT), Principal Bench, dated 20th October 2020, directed the Telangana government to stop all work, except the drinking water component...

There Can Be No Leniency Shown To Appellant Who Pleaded To Reduce Sentence: Delhi High Court

Facts On 25.2.2016 the victim’s sister who was 13 years old was present with her sister who was 2 years old (victim) at their home....

Violation of Executive Instructions Cannot Be Sole Ground to Invalidate Transfer Orders: Tripura High Court

In Dr Bithika Choudhury vs the State of Tripura & Ors., a Division Bench consisting of Hon’ble Justice S. Talapatra and Hon’ble Justice S.G. Chattopadhyay...

Case Regarding Anticipatory Bail, Applicant May Be Released Imposing Suitable Conditions: Gujarat High Court

A Single-Judge Bench of Gujarat High Court consisting of Honourable Dr Justice A.P. Thakur had been hearing submissions of the Applicant to release him...

More Articles Like This

- Advertisement -