CHAPTER-I

INTRODUCTION

1.1 Introduction
During the ancient time Indian women held a high place of respect in the society as
mentioned in Rig scriptures. But later on, because of social, political and economic
changes, women lost their status and were relegated to the background (Crime
against women, 2013 statistics showed a declining sex-ratio, health status, literacy
rate, work participation rate and political participation among women. While on the
other hand the spread of social evils like dowry deaths, child marriage, domestic
violence, rape, sexual harassment, exploitation of women workers are rampant in
different parts of India. Humiliation, rape, kidnapping, molestation, dowry death,
torture, wife-beating etc. have grown up over the years (Singh and Choudhury,
2012 “crime” is a very common word that comes across in day to day life. “The
Semantic meaning of ‘crime against women’ is direct or indirect physical or mental
cruelty to Girls and women’s. Crimes which are directed specifically against women
and in which only women are victims are characterized as “Crime against Women”.

1.2 Review of Literature

The word ‘crime against women’ has become a “silent epidemic”, with more and
more cases of rape, molestation and sexual assault being reported from college
campuses, while travailing and workplaces. “It’s a very complex issue, involving
legal, cultural and psychological aspects (Rufus, 2014). Women in urban areas are
twice as likely as men to experience violence, particularly in developing countries
(Vanderschueren, 2000). According United Kingdom’s daughter documentary-
2015, UK is the 5th place at the world’s rape list, in every day 250 women of UK
are getting rape, the studies shows that men who committing rape comes from
every economic, ethnic and social group. Across the world women’s are facing
major crime of ‘rape and sexual harassment etc, Johnson have described about
rape cases in USA i.e. no other major category of crime not murder, assault or
robbery has generated a more serious challenge of the credibility of national crime
statistics than rape (Taylor et al., 2007). Globally, rape is very rarely reported by
girls and women’s due to the acute social, religion and caste stigma or the fear of
reject by their family members or subjected to violence and where premarital sex
are illegal, or premarital sex can face prosecution under the laws (Harter, 2011).
Rape is an infamously under-reported crime in India. Because victims of rape can
face prosecution under the existing laws, according to these laws they have to face
lengthy prosecution and investigation. If there is no sufficient evidence to prove a
rape in the court they can’t get justice, even after the stepped the court. During
investigation victims may show that they were a not virgin which is not allowed to
get marriage in the society.
The woman’s or girls who has been raped often encounters painful and humiliating
procedures when she reports her sexual assault. Police sent victims to the hospital
emergency room where she may wait a long time for a medical examination and
the collection of evidence that is needed to convict a suspect that why victim don’t
want to report cases. A new UN report has highlighted around 120 million girls
around the world, close to one in 10, have been raped or sexually assaulted by the
time they turn 20 years (UNICEF, 2014). United Nations statistical report has been
shows about 65 countries compiled data from government sources (registered
cases only) that annually more than 250000 cases of rape or attempted rape were
recorded by policey (UNODC, 2005) According to Indian express dated on
15thDec 2013, National Crime Records Bureau of India reveals that there has
been an eight-fold increase in the number of rapes in the last four decades. The
rise in the number of rape cases is the most rapid compared to other serious
crimes such as murder, robbery and kidnapping (Sardar, 2013). For every one
hour, 2.84 cases of rape were reported in country in which, on an average, 3.55
persons were arrested during the year 2012 (NCRB, 2012). JAGORI and UN
Women report 2010 have found that, In New Delhi about 66 percent of women’s
reported experiencing sexual harassment between two to five times during the past
year (JAGORI and Women, 2010). Rape cases day by day increase in major cities
India. Generally people believe that the primary cause of rape is an aggressive
desire to dominate the victim rather than an attempt to achieve sexual fulfillment
(JAGORI and Women, 2010). The one rape and murdered case were happened in
Delhi (16 Dec. 2012) Capital of India with 23 years old girl. The girl was travelling in
bus with her male friend, and another six person also travelling in the same bus. In
moving bus, suddenly all six person have get aggressive and beaten her male
friend and doing raped with her including bus driver. After reaped of girl they have
through her side of road. The girl was died from her virginal injuries after thirteen
days undergoing emergency treatment in Singapore. The phenomenon was
created a widespread nationwide and worldwide coverage and criticized by various
non-profit organization, social worker and women's groups, both in India and
abroad. Subsequently, public protests especially girls/women’s against the
Government of Delhi and India for not providing appropriate protection for girls and
women’s took place in New Delhi (The Economic Times, 2012).Priority treatment is
essential to be given in the rest of the country too, although equally serious crimes
against women in outlying areas typically get less media attention. Numerous rape
cases in India received widespread media attention and activated protests since
2012 (The Telegraph, 2012; Perceived government inaction over rape and murder
of two teenage girls sparks public anger" India'sNews.Net). After this big issue rape
case suddenly increased due to women awareness and mass media exposure in
India. According to the official statistics of NCRB India, incidents of crime against
women (both under IPC and Special and Local Laws) These crimes have
continuously increased during 2007 - 2011 with 185,312 cases in the year 2007,
195,856 cases in the year 2008, 203,804 cases in the year 2009 and 213,585
cases in the year 2010 and 228,650 cases in the year 2011. A large number of
studies have been find out and suggest effective measures to prevent violence
against women by fully enforcing their legal and constitutional rights and there by
rehabilitating them in the society as its respect figure members
(http://ncrb.gov.in/index.htm) Although, women being a victims of any of the
general crimes such as rape, kidnapping and abduction for different purposes,
torture-both mental and physical, molestation and sexual harassment. As crime
against women various new legislation have been enacted and amendments have
been made in existing laws with a view to handle these crimes effectively.
As the present study is confined only to the crime of rape, the crime of rape is
identified under the Sec 376 Indian Penal Code. Furthermore, the rape cases have
been categorized as Incest Rape (rape done by the blood relative) and other rape
cases (rape done by other than the blood relative). Rape is one of the most terrible
crimes. It is the most reprehensible violent incident committed against a woman.
Rape causes not only physical torture to the body of the women victims her mental
psychological, emotional and which a women tends to suffer from a sense of
shame for no fault hers has to bear the fear of being ostracized by society as well
as her relatives, throughout her life.

Another ‘evil scenario’ has been found in this study the high prevalence of rape
victims are belongs to 18-30 years younger and working age group, who always
need to nation, who are the part of economic growth, who moves outside of the
home for the purpose of education, job opportunity etc. The relation/proximity
between offenders to rape victims, the prevalence by respectively known persons
and neighbors (Singh, 2014). During last one decade impact of the criminal justice
system on victims of rape and many others sexual assault offence has been
received significant attention. Attention have been showed individual and
organization those working for women welfare. Rape is the ultimate violence for
women. It is a humiliating event in a women’s life. Which leads to fear for existence
and a sense of powerless (http://ncrb.gov.in/index.htm; Koss et al., 1994). The
victim needs empathy and safety and a sense of re-assurance. The rape victims
have undergone certain tribulation. These begin with their treatment by the police
and continue through male dominated criminal justice system. Many literature
highlighted uniformly indicate that community about rape have considerable impact
on the responses that rape survivors receive from others upon disclosure of their
assaults. Many literatures found negative social reaction in general to be related to
more psychological symptom and poorer self reported recovery. Research also
shows stigmatization and blame of rape victims to be widespread in many
societies, culture affecting the victim’s mental and physical health. Victim’s needs
sympathy; claim assistance, temporary relief from other role responsibilities, legal
recourse and many other advantages, cannot be exercised if survivors do not
identify their experience such as rape (Hilberman, 1978). Every day in print and
electronic media we can found that girls/women’s are sexually harassed or raped
and also caused to death. New statistical records say that there are records of
women raped and sexually assaulted in the recent past years. Rape is the fastest
growing crime in the country today compared to other than crime incidents of
women.

National capital Delhi has become the most unsafe place for girls where one rape
happens almost every day. Hence the empowerments which are being given by
the elegance of democracy or so called constitutional aspect are in danger. In this
context the present paper is explained about trends and dynamics of rape cases
and increasing incidents of rapes, incest and other rape, rape on minors and
women like rape cases by age group in India during last one decade (2004-13) and
also its deals with regional rape scenario for 2011-2013 which rapes are becoming
very frequent these days. The present study is based on the data from National
crime records bureau of India from 2004-2013. Data on crimes in India are
published annually by the National Crimes Records Bureau
(NCRB). These are compiled from records of police stations all over the country
and refer to reported and registered crimes. (http://ncrb.gov.in/index.htm).

In 2016, India recorded 106 rapes a day, once again highlighting the continuing
rise in crimes against women in the country despite a series of court rulings and
toughening of laws to deal with the menace.
A large number of those raped (2,116) were girls in the age-group of 0 to 12 years
and in 36,859 (94.6%) of cases, offenders were known to the rape victims including
neighbours, family members, relatives, husband/live-in partner, employer/co-
worker etc.

The national capital Delhi witnessed the most rape cases at 1,996 , followed by
712 in Mumbai, 354 in Pune and 330 in Jaipur. The NCRB data released on
Thursday said that crimes against women increased by 2.9% all over the country in
2016 with 4,737 rapes recorded through the year. In all, 38,947 rape cases were
registered across India in 2016, compared to 34,210 in 2015.

Gang-rape cases reported in 2016 also increased to 2,167 from 2,113 in 2015.

UP, which was ruled by SP in 2016, reported 14% of crimes (at 49,262 out of
3,38,954 cases, the most) against women, followed by Bengal (9.6%).

Out of the total 3,38,954 crimes against women registered in 2016, most of the
women were victims of ‘cruelty by husband or relatives’ (32.6% of cases), followed
by ‘assault on women with intent to outrage her modesty’ (25%), ‘kidnapping and
abduction of women (19%) and ‘rape’(11.5%).

It turns out that 33,796 women/girls were also kidnapped/abducted in 2016 with the
motive of compelling them to marry, with the most such (12,070) cases reported
from UP. Police officers say most of the abduction/kidnapping cases of girls who
eloped with someone are also registered under kidnapping. The NCRB data
reveals that 2,60,304 cases of crimes against women were sent for trial in courts in
2016. Conviction was secured in 23,094 cases. Also reported in 2016 were 206
cases of acid attack on women, while 7,236 women were stalked.
Among 19 metros analysed by NCRB, Delhi, followed by Mumbai and Bengaluru,
reported most number of crimes against women — 13,803 out of 41,761, also
seeing the most stalking cases at 669.
 CHAPTER – II
CONCEPTUAL FRAMEWORK

2.1 Definition and Meaning of RAPE

A 'rape' charge under the Section 375 Indian Penal Code has two parts:
 non-consensual penetration of any orifice (vagina, anus, mouth, urethra) in a
woman by a man, OR,
 non-consensual touching of any orifice with the mouth. This is not restricted to
having sex. Forcing a woman to do this to herself, or with someone else, is also
rape.
The court will decide that these acts are rape if:
 It happens without her consent, or
 She agrees, but only because she, or someone she knows is in danger, or
 She agrees, but because she thinks the accused person is her husband, or
 She agrees, but she is drugged, or drunk, or mentally ill, or
 She is under 18 - then it does not matter if she agreed or not, or
 She is in no position to indicate whether she agreed or not - for example, if she is
unconscious.
Consent has been clearly defined as a clear, voluntary communication that the
woman agrees to the specific sex act, leaving no room for debate. It also makes it
clear that absence of physical injuries is immaterial for deciding consent.

Marital rape is usually not a crime

As long as the wife is above 15 years old, it is not considered rape, if the husband
engages in sex with her without her consent.
The situation is different if the two are separated. If a couple is married, but living
separately, then the 'marital rape' exception no longer applies and the husband can
be convicted of rape if there is no consent. The punishment for the husband is jail
term of between two and seven years along with a fine.
 What is aggravated rape?

Aggravated rape can be because of the special position of either the victim, or the
criminal -
 rape by someone having authority and control over the victim because of their legal
status (like police officers, public servants, armed forces personnel, jail staff);
 rape by someone who is in a position of trust with the victim (hospital staff,
relatives or guardians, person in control or dominance);
 special nature of victim (pregnant woman knowing her to be pregnant, woman
under 16 years, woman who cannot give consent, woman suffering from
physical/mental disability);
 rape involving violent circumstances (during communal violence, causing grievous
hurt/ disfiguration/ endangering victim's life, repeatedly raping same victim).
The punishment for committing such aggravated rape is rigorous imprisonment of
between 10 years and life along with fine.
Another form of aggravated rape is rape which results in the death of the victim or
in her ending up in a permanent vegetative state and gang rape.
Crime of rape and murder

During a rape, if the accused injures the woman so badly that that she dies, or
goes into a vegetative state, he can be given the death sentence, or jail of 20 years
- life.
While this provision is pretty clear, the law does not define what 'persistent
vegetative state' means. In a Supreme Court decision, the Court said that a person
who is alive but does not show any evidence of being aware of one's environment
is in a permanent vegetative state.

Gang rape
If a woman is raped at the same time by a group of people, each of them will be
punished for committing the crime (Section 376D IPC). The punishment is rigorous
imprisonment of between 20 years and life imprisonment.
 Repeat Offenders

The law (Section 376E IPC) allows the death sentence to be imposed where a
person is convicted for a second time for:
 rape,
 rape causing death or resulting in permanent vegetative state, or
 gang rape.
 CHAPTER – III
RESEARCH METHODOLOGY

3.1: RESEARCH BACKGROUND

In India NCRB Statistics revealed that besides stringent laws, the rape cases are
not rising in the nation. The several measures are being taken by the state and
central government as well as by the legal authorities to prevent rape cases in
India and provide justice to the victims of rape. The recent brutal rape and murder
case made the nation to provide justice to the women victims of rape and stop this
crime in all the parts of the country.
It is unfortunate that crimes against women have become part of the culture of our
society. Women are more likely to be offended than men as they have a secondary
position in society. Though there were numerous efforts to elevate the status of
women, the condition of women remains the same but for a few changes among
some sections of women. Women suffer from various forms of discrimination,
domination, humiliation etc. Exploitation of women is near universal. Women of all
ages regardless of their socioeconomic background become sufferers, though the
nature of crimes committed against them differ according to age and background.
There are many cases of victimization which are unseen and unobserved due to
numerous reasons.

3.2: NEED FOR THE THESIS

Written and unwritten rules and regulations are there to prevent rape crimes
against women but such crimes are increasing and are operational on their own
ways. The best symptom of this is seen in the increasing number of crimes and
emergence of new forms and patterns of crimes. Therefore it is important to see
that the crimes against women are totally wiped out so that they may lead a
peaceful life. In order to do this, we should know the quantity and type of crimes
being committed and find solutions to reduce and even arrest the crime rates.

3.3: RESEARCH AIM

The main aim of this thesis is to study about the rape and sexual crimes happening
against women in the Indian society. It also attempts to discover the main causes
of crime and to analyse the present crime trend against women in India.

3.4: RESEARCH OBJECTIVES

 To study the women position and rape crime against women in India.
 To study the Legal provision available to provide justice to the victims
of the rape in India.
 To explore the main causes and factors pertaining to cumulative crime
rate.
 To gain a deeper understanding on the law in the country pertaining to
combat such crimes.
 To deliver some recommendations to overcome these issues.

3.5: Scale And Data Collection For The Study

This report is based on the secondary data collected from various books,
newspaper and published sources. Most of the data for this research were
collected from the publications of NCRB (National Crime Record Bureau of India)
and also have been obtained from sources such as the review papers, journal
publishing and books by famous authors on crime against women and other links
through internet search. The statistical and all the data obtained from other
external sources have been quoted and references are provided at the end.
 CHAPTER – IV
WOMEN POSITION IN INDIA

4.1 Introduction
It is true that crime is looked upon with greatest hatred by all sections of the people
in society, but it is also true that the study and research of the law of crimes has
always been one of the most attractive branches of the Jurisprudence since the
early years of human civilization. In fact the law of crimes has been as old as
civilization itself. Wherever people organized themselves into groups or association
the need for some sort of rules to regulate the behavior of the members of that
group inter se has been felt, and where there were rules of the society, its
infraction was inevitable and there lies the necessity of devising some ways and
means to curb such tendencies in the society that lead to violation of its rules. In
every organized society certain acts are forbidden on the pain of punishment
where one person injured another and the injury could adequately be compensated
by money value, the wrongdoer was required to pay damages or the compensation
to the wronged individual. But in certain cases in addition to the liabilities to pay
compensation the State imposes certain penalties upon the wrong doer with the
object of preserving peace in the society and promoting good behavior towards
each other and towards the community at large.

Crimes against women are growing worryingly at local, regional, national and
worldwide levels. Regardless of current crime shadowing machineries and access
to information and networking, assuring the safety and security of women has
become a stern challenge for all. The UN Declaration on the Exclusion of Crime
against Women (1993) states that "crime against women is an expression of
traditionally imbalanced power relations between men and women, which have led
to command over and discrimination against women by men and to the anticipation
of the full development of women.” It goes on to state that “crime against women is
one of the crucial social mechanisms by which women are forced into an outranked
position associated with men.” On one side, India is taking steps to bring all women
into the mainstream of social and political life but on the other, its women are
subjected to inhuman treatment and the threat of violence thus marring the
progress of both women and the country. It is an eminent fact that the occurrence
of crimes against women is a destructive indicator of growth and India now faces a
serious problem on this front. It is hence essential to analyse the nature, roots and
forms of crime against women and discover solutions to the problem.

This report proposes to study the status of women in the society and the
typography of crime happening against them. It also intends to study the main
factors responsible for the happenings of such crimes and the legal provisions in
the country in order to control them. In this pursuit, it was also aimed to go a step
further and analyse the rate of crime happening against women in 53 megacities
across the country in correspondence to its domain state and also analyses the
rate of women crime in megacities in correspondence to other crime happening in
those megacities and overall crime rate of the corresponding domain state.

4.2 Status Of Women In The Society

“Lifting women up lifts up our economy and lifts up our country… We’ve got to
make sure that… Somebody is standing up for them” - President Barack
Obama

Woman is the magnificent creation of god, a multi-faceted personality with the

power of benevolence, adjustability, integrity and tolerance. She is companion of
man, gifted with equal mental faculty, a protector and provider, the embodiment of
love and affection. The role given to women in a society is a measuring rod and
true index of its civilization and cultural attainment. As Swami Vivekananda had
said “That country and that nation that do not respect women have never become
great, nor ever be in future”. In earlier eras, the status of women in India was
mediocre to men in the everyday life. Though, they had an advanced position in
scriptures. They are measured as the perfect home maker in the world. With their
incomparable quality of serenity of their mind, they can effortlessly handle even
hardest condition. Though in historic times we find say “Where women are
respected there gods reside” Mahatma Gandhi once observed. Indian women are
entirely ardent to their families. They‘re addressed in the names of Goddess
Saraswati, Goddess Parvati & Goddess Kali.

4.2.1 Women Status In The Ancient India

It‘s believed during the ancient India, women enjoyed equal position & moralities
like their males counterparts. In addition they were properly educated in the early
Vedic period. These references are available from the works of Grammarians such
as Katyayana and Patanjali. Women also had the freedom to select their
husbands. This system was known as “Swayamvar”. In fact during this time,
women had superior position than the males.

4.2.2 Women Status In Medieval India

The status of women in India worsened during the medieval period with the arrival
of the Muslims. Numerous wicked practices such as female infanticide, sati and
child marriage were practiced during this period. “Purdah” was introduced to the
society. Women were also forced to practice “zenana”. Polygamy was also
common during this period. Women also excelled in literature, music and arts.
They were also rulers during this period. Some great-women rulers were Razia
Sultana who was the only women-monarch to-rule-the throne of Delhi, Nur Jahan,
Gond queen Durgavati who ruled for fifteen years before she was defeated in a
battle by Ali emperor Akbar‘s. Nur Jahan is still considered as the most effective
ruler by the society. In spite of these powerful women, the condition of poor women
remained the same. At this time girl were forced to get married at a very tender
age. The society also practiced Sati where women were forced to jump over the
burning bodies of their husbands during funerals. The southern India also practiced
Devdasi tradition where girls were forced get married to trees or deity.

4.2.2 Women Status In Modern India

During this time there was a little development in the women status. There were
many women reformers in India who worked for the uplift & betterment of their
female counterparts. The begun of Bhopal discarded the “purdah” & fought in the
revolt of 1857. Their education was elevated and English was introduced during
this period. Various female writers emerged in the society.

4.3 Status Of Women In Various Arenas Of The Society

4.3.1 Women And Politics

Despite having a female prime minister as long ago as 1966, women in India have
historically remained marginal in politics and political parties have made little effort
to woo them. Indira Gandhi, our late prime minister, was held in high esteem the
world over. Vijayalakshmi Pandit created a record by becoming the first woman
president of the United Nations General Assembly. "Women in India are told what
to wear, what to cook, what to say, how to behave, where to go. But with voting,
there is a very clear sense that this is one instance that they're able to register their
own opinion," said Mukulika Banerjee, an anthropologist at the London School of
Economics and author of the book, Why India Votes. In the modern age, we find
the role of women in every field. The myth that certain fields were only meant for
men has been demolished by women. Women have proved to be more vibrant,
dynamic, sincere and perfect in every field. They have the ability to immerse
themselves wholly in any task they undertake.

4.3.2 Women And Education

“If you educate a man you educate an individual, however, if you educate a woman
you educate a whole family. Women empowered means mother India empowered”
- PT. Jawaharlal Nehru

Women education in India has also been a major preoccupation of both the
government and civil society as educated women can play a very important role in
the development of the country. Education is milestone of women empowerment
because it enables them to responds to the challenges, to confront their traditional
role and change their life. So that we can’t neglect the importance of education in
reference to women empowerment India is poised to becoming superpower, a
developed country by 2020. The growth of women’s education in rural areas is very
slow. This obviously means that still large womenfolk of our country are illiterate,
the weak, backward and exploited. Education of women in the education of women
is the most powerful tool of change of position in society. Education also brings a
reduction in inequalities and functions as a means of improving their status within
the family. Now with the encouragement of co-education, women have cast off the
age old inferiority complex and are marching side by side with men in every walk of
life. Women are actually proving to be academically better and socially more
active. When we come across the results of competitive examinations in all India
civil services and Indian universities we are happily surprised to note that women
capture most of the merit seats. They are also aware of the fast changing social
milieu and they are making sustained efforts to scale the leaders of social progress
by dint of their zeal and dynamism. They are contributing extensively towards the
social transformation and building of the nation.
4.3.3. Women And Economy

Despite having one of the most progressive federal constitutions and an

extraordinary track record of economic growth since the early 1990s, the
participation of women in India’s economy is still disappointingly low. While women
have been somewhat successful in Indian political life—in parliament, as chief
ministers and as cabinet-level officials, and in the panchayat system—they have
not been nearly as active in its economic life. India’s economic growth is
remarkable in its reach and impressive for pulling millions out of poverty, but
women are still missing at virtually every level of professional life. The loss in GDP
that India incurs as a side effect of low female economic participation is a major
drag on its overall economic performance. Lakshmi Puri, the assistant secretary-
general of UN Women, noted in 2011 that India’s growth rate could jump by 4.2
percent if women were given more opportunities. That would push India’s current
growth rate of about 7.5 percent closer to 11 percent, making it, once again, one of
the world’s fastest accelerating economies.

4. 4 WOMEN AND SPORTS

Times have changed and are improving but there is still a lot to be achieved. Sport
in India is yet to reach its peak. Pandit Nehru has said that “To awaken the people,
it is the woman who must be awakened, once she is on the move the family
moves, the nation moves”. A society, which does not allow a girl to do something
simple as primary education, is unlikely to let her participate in sport without any
hurdles. Even before taking part in 400 meter hurdles the girl has to pass so many
more social hurdles. The situation in the western countries is better but still women
are facing very similar problems to ours. America is a very developed nation in the
world. But even in the United States, women are victims of gender inequality. They
still do not have equal representation as compared to men. Men hold majority of
the positions of managers, coaches and sport administrators. Lately, however,
Indian female sports persons have faired better than the men. Be it Anju Bobby
George, PT Usha, Sanya Mirza, Anjali Bhagwat. This does not overlook the
achievements of Sachin Tendulkar, Prakash Padukone, Pullela Gopichand, and
Leander Paes. All that is implied is that women are making a mark for themselves
in the world of sport and are gaining respect.
 CHAPTER - V
RAPE CASES IN INDIA

5.1 Rape in India

Rape is the fourth most common crime against women in India. According to
the National Crime Records Bureau (NCRB) 2013 annual report,
24,923 rape cases were reported across India in 2012. Out of these, 24,470 were
committed by someone known to the victim (98% of the cases).
India has been characterised as one of the "countries with the lowest per capita
rates of rape". Many rapes go unreported in various countries including India In
India, consensual sex given on the false promise of marriage constitutes rape.The
willingness to report the rape has increased in recent years, after several incidents
of rape received widespread media attention and triggered public protest. This led
the Government of India to reform its penal code for crimes of rape and sexual
assault.
According to NCRB 2015 statistics, Madhya Pradesh has the highest raw number
of rape reports among Indian states, while Jodhpur in Rajasthan has the highest
per capita rate of rape reports in cities followed by Delhi, the capital city.

As shown in the following figure age-wise cases of rape victims. More than 32,500
cases of rape were registered with the police in 2017, about 90 a day, according to
the most recent government data. Indian courts disposed of only about 18,300
cases related to rape that year, leaving more than 127,800 cases pending at the
end of 2017.
According to the latest National Crime Records Bureau (NCRB) report, there were
33,658 reported cases of rape and sexual assault in India in 2017.About 30% of
the victims are children and half of victims were from the 18-30 age group. Also, in
2017, the police in all states and UTs were investigating a total of 46,984 cases of
rape. This indicates that several thousand cases were pending investigation from
the previous years. In 2017, there were 331 cases across the country of rape and
gang rape victims also being murdered.
The NCRB data also shows that 93.1% of all rape and sexual assault victims were
attacked by known people, including family members, neighbours, friends,
employers and romantic partners. In 2017, "strangers" were accused in 2,289
cases. However, the same NCRB report shows that only 43,197 persons were
arrested for rape/sexual assault in 2017, and only 38,534 charge-sheeted and
made to face trial.
As of March 2018, there were 1,66,882 cases of rape and those lodged under the
Protection of Children from Sexual Offences (POCSO) Act-2012 pending trial
across the country. As of August 2019, POCSO cases alone stood at 1,60,989.
Conviction rates remain low across the country due to the huge pendency of cases
and delays in investigation and prosecution.
Source : https://www.reuters.com/
Figure : 5.1 : Rape Cases In India Age-Wise Statistics of Year 2017
Source : https://timesofindia.indiatimes.com/
Figure 5.2: Rape Number in India Since 2007 to 2016
According to NCRB 2017 report the Uttar Pradesh most unsafe for women.
According to the report, 3.59 lakh cases of crime against women were reported in
the country, of which Uttar Pradesh topped the list with 56,011 cases.
It was followed by Maharashtra with 31,979 cases and West Bengal 30,002. New
Delhi: In a grim reminder of how unsafe Indian cities are for women and children,
the National Crime Records Bureau (NCRB) ranks Uttar Pradesh as most unsafe
for women, while listing Madhya Pradesh as the rape capital. The statistics
highlight the poor law and order situation in the country with 3.59 lakh cases of
crime reported against women in 2017. Uttar Pradesh recorded the maximum
number of crimes against women with 56,011 cases in 2017, while Madhya
Pradesh registered the highest number of rape cases at 5562.

Uttar Pradesh was followed by Maharashtra with 31,979 cases and West Bengal
30,002 cases. Interestingly, Delhi, which came to be known as the rape capital
after the 2012 Nirbhaya gangrape case, saw a decline in crime against women for
the third straight year, with 13,076 FIRs being registered in 2017, down from
15,310 in 2016 and 17,222 in 2015. The definition of ‘crime against women’
includes murder, rape, dowry death, suicide abetment, acid attack, cruelty against
women and kidnapping, according to the report.
In 2016, 3.38 lakh cases of crime were registered against women, while 3.2 lakh
cases were recorded in 2015. In 2016, Uttar Pradesh had the highest number of
crimes against women. While the state recorded 14.5% of the total cases of crimes
against women, it accounted for 12.4% of the total number of rape cases, second
only to Madhya Pradesh, which recorded 12.5%. In 2017, Madhya Pradesh
registered maximum number of rape cases at 5562, 97.5% of which were
committed by known persons. Rajasthan followed next with 3,305 cases out of
which 87.9% of the perpetrators were known to the victim. In Maharashtra, 98.1%
rape cases were against friends, associates or relatives.
As many as 32,559 rapes were reported in India in 2017 and the accused were
known to the victims in 93.1% of the cases, according to the report. As many as
16,591 rape cases were reported against family friends, employers, neighbours or
other known persons and in 10,553 cases, the accused were friends, online
friends, live-in partners or separated husbands of the victims, the report highlights.
Experts said the rising figures and the fact that as compared to 2016, UP and MP
remained the most unsafe for women, were due to more cases being registered,
with families sidestepping the social stigma around rape and bringing the matter to
the notice of the police. “The definition of rape now has a broader ambit and cases
are now being openly reported in the rural and urban areas because families are
now overlooking the social stigma that women and their families face. For families
it has now become more important to report the case and bring the culprit to book,"
said Rashmi Singh, former director of National Mission for Empowerment of
Women.

Majority of cases under crimes against women were registered under “cruelty by
husband or his relatives" at 27.9%, followed by “assault on women with intent to
outrage her modesty" at 21.7%, “kidnapping and abduction of women" at 20.5%
and “rape" accounting for only 7.0%. While the “crime rate" is defined as “offences
registered per one lakh people", Assam recorded the highest crime rate of 143 in
the country in 2017. Odisha and Telangana came in second, recording a crime rate
of 94 each, followed by Haryana at 88 and Rajasthan at 73. Eight states --
Arunachal Pradesh, Goa, Himachal Pradesh, Manipur, Meghalaya, Mizoram,
Nagaland, Sikkim, Tripura -- registered the lowest figures of “crimes against
women", while among the Union Territories, Chandigarh registered 453 cases,
followed by 132 in Andaman and Nicobar Islands, 147 in Puducherry, 26 in Daman
and Diu, 20 in Dadra and Nagar Haveli, and six in Lakshadweep.
In percentage terms, major crime heads under ‘crime against children’ during 2017
were kidnapping and abduction (42.0%) and 25.3% cases under the Protection of
Children from Sexual Offences Act, 2012, including child rape.

Among the cities, however, Delhi at 35%, ranked the highest in crimes against
children recording 6844 reported crimes against children in 2017, as opposed to
7392 in 2016 and 8035 in 2015. Coming a close second was Mumbai, recording
3790 cases in 2017, up from 3400 in 2016 and 3187 in 2015.

5.2 RAPE CASES IN RAJASTHAN

Incidents of crime against women paint a sorry picture of Rajsathan. It has earned
the notorious title of being the state with the third highest numbers of rape cases
reported.
According to National Crime Records Bureau (NCRB), 34,651 rape cases under
Section 376 of IPC were registered during 2015 in the country. Out of this figure,
maximum number of rape cases were reported in Madhya Pradesh (4,391). It is
followed by Maharashtra (4,144) and Rajasthan (3,644).

Similarly, the NCRB data puts Jaipur among the leading three cities with maximum
number of rape cases registered. With a crime rate of 9.1, Jaipur police registered
over 279 rape cases. Jodhpur too, with 152 rape cases in a year, has earned itself
a dubious distinction of a city with a high crime rate against women. If rapes
continue to hound Rajasthan in general and Jaipur in particular, the other incident
of crimes like molestation, sexual harassment,outraging modesty of a woman and
attempt to rape are also alarmingly high.
Despite several awareness campaigns and stringent laws to check cases of
assault on women with intent to outrage her modesty, an offence punishable under
Section 354, Rajasthan continues to be a worse performer. Jodhpur, with 440
cases, recorded a crime rate of 38.7 in such cases.
“The national crime rate against women was 53.9% in 2015, and Rajasthan is in
the top five states with a rate of 81.5%. These kinds of crimes call for drastic
changes at all levels, from school to even within families,” another official said.
The NCRB’s finding states that out of 4,384 cases registered in the country against
attempt to commit rape, Rajasthan ranks fourth with 407 cases.

The number of rape cases registered from January to April this year 2019 this year
have surpassed the horrifying figures witnessed last year durung the same period.
A total of 1509 rape cases have been registered in past four months in Rajasthan
this year, recording a significant high, compared to 1312 cases in 2018 in the same
period.

https://timesofindia.indiatimes.com/city/jaipur/hailstorm-rainfall-to-prevail-in-raj-for-
5-days-met/articleshow/69299188.cms

The number of rape cases registered from January to April this year 2019 this year
hsave surpassed the horrifying figures witnessed last year durung the same period.
A total of 1509 rape cases have been registered in past four months in Rajasthan
this year, recording a significant high, compared to 1312 cases in 2018 in the same
period. The Alwar gang-rape case may have stirred the conscience of the state.
but the figures indicate that successive governments have little to show up for
women's security. as rape cases have been steadily rising.
 INFAMOUS RAPE CASES

NIRBHAYA — 2012

A crime so horrific that it shook the entire country, not just Delhi, where it took
place. The December 2012 gang rape, and the eventual death, of a young woman
in a moving bus at night changes in rape laws. As the laws were made more
stringent, fast track courts were set up to hear rape cases.

After the arrest of six men, one of them a juvenile, Delhi Police charged the five
adult accused with murder, rape, attempt to murder, kidnapping, unnatural
offences and dacoity. Later, Ram Singh, one of the accused, died in jail, apparently
by suicide.

In 2013, a fast track court found the men guilty and awarded them capital
punishment. This was confirmed by Delhi high court’s the same year. When the
men appealed to the Supreme Court, it stayed their execution in 2014. Two years
later, the court heard their appeals and dismissed them a year later. 2018 saw the
apex court dismissing the review petitions of three convicts, the fourth, Akshay,
having declined to file a review petition.
The four have not been executed because any court issuing the black warrant to
carry out the hanging has to await a decision on a mercy plea filed by Vinay Kumar
Sharma to the President of India. Nirbhaya's parents recently moved the trial court
seeking to fast-track the death penalty. They told the court that none of the four
guilty men had a clemency or curative application pending before the Supreme
Court.

SOUMYA VISHWANATHAN — 2008

Television journalist Soumya Vishwanathan was shot dead on September 30,
2008, when driving home from work late at night. The police charged three men for
the crime, who were subsequently convicted in the murder of IT professional
Jigisha Ghosh in Delhi in 2009.

The trial is currently pending before a sessions judge in the Saket district court.
Earlier this year, Delhi high court ordered the court to expedite the trial and
directed it to hear the case at least twice every week. But with the trail under way,
the high court allowed Ravi Kapoor’s release on parole though it was stayed by the
Supreme Court in July.

JIGISHA GHOSH — 2009

Info-tech professional Jigisha Ghosh worked in Noida. She was abducted and
killed on March 18, 2009, soon after she was dropped by her office cab at 4am
near her home in Vasant Vihar in South Delhi. Her body was recovered three days
later from a place near Surajkund in Haryana. The accused had taken her gold
ornaments, two mobile phones and her debit and credit cards.

Three men were arrested and a trial court awarded death to two of them, Ravi
Kapoor and Amit Shukla, in 2016, while sentencing Baljeet Malik to life in prison.
However, a year later Ghosh’s family and prosecution suffered a setback when
Delhi high court commuted the death penalty to a life sentence for Kapoor and
Shukla while confirming Malik’s life term.

Even as the case awaits the Supreme Court’s final decision, Delhi government
earlier this year opposed parole to Kapoor, terming him a “hardened criminal” who
is also facing trial in the Soumya Vishwanathan murder case.

Some other Cases

Instances of brutal rape and violence against the women who report it have given
India the dismal reputation of being one of the worst places in the world to be
female. Here are some cases:

Nov. 1973: Aruna Shanbaug, a 26-year-old nurse, is attacked by a ward attendant

at a Mumbai hospital during her night shift. Sohanlal Bhartha Walmiki, who was
later convicted and jailed, sodomized and strangled her with a dog chain - cutting
off the oxygen supply to her brain and leaving her in a coma.

Left in a vegetative state for more than 40 years, Shanbaug died in 2015.

1990: Hetal Parekh, a 14-year-old schoolgirl, is raped and murdered by Dhananjoy

Chatterjee in Kolkata. Chatterjee is sentenced to death and hung in 2004, the first
hanging in India in 13 years.

1995: A Jaipur court acquits five men accused of gang-raping Bhanwari Devi, a
lower-caste woman who worked with the Women’s Development Project in
Rajasthan, in 1992.

Later, a petition is filed in the Supreme Court, which leads to the Vishaka
Guidelines being put into place, to protect women against sexual harassment at
the workplace.

1996: Law student Priyadarshini Mattoo is found raped and strangled in her Delhi
flat. Santosh Kumar Singh, a fellow law student and son of a former senior police
officer, is sentenced to death, after being initially acquitted due to a lack of
evidence and then retried following a public outcry.

Dec. 2012: A 23-year-old student is beaten and gang-raped on a moving bus in the
capital New Delhi and later dies of her injuries. Five men and a juvenile are
arrested - four of the men have been sentenced to death and one hanged himself
during the trial. The juvenile was freed after completing three years in a reform
home.

The crime sparked large-scale protests and led thousands of women across India
to break their silence over sexual violence that often goes unreported. Authorities
stiffened penalties against sex crimes, introduced fast-track trials in rape cases and
made stalking a crime.

Jan. 2018: An 8-year-old Muslim girl is drugged, held captive in a temple and
sexually assaulted for a week before being strangled and battered to death with a
stone in Kathua town in northern India.

Six men, including a Hindu priest and three police officers, were convicted of the
crime. Three were given life sentences.

Jul. 2018: Eighteen men are charged in Chennai with repeatedly raping a 12-year-
old girl over a seven-month period, sedating her with drugs and then taking her to
vacant apartments in the block to assault her.

Oct. 2018: Catholic bishop Franco Mulakkal is arrested in Kerala after a nun
accuses him of raping her repeatedly over two years. He has denied the charges.

July 2019: A young woman who accused Uttar Pradesh state lawmaker Kuldeep
Singh Sengar of raping her in 2017 and her lawyer are critically injured in a
highway collision, when a truck hit the car in which they were traveling. The
woman’s two aunts, who were also in the car, were killed. Sengar denies the rape
and any involvement in the car crash.
Nov. 28, 2019: The charred remains of the veterinarian are found under a flyover
near Hyderabad. Four men are arrested on suspicion of gang-rape and murder.

Dec 5, 2019: A 23-year-old rape victim is set ablaze by a gang of men, including
the alleged rapist, as she made her way to court to attend a hearing in the case, in
Unnao district of Uttar Pradesh, police said.

Recent Statistics in Delhi

For a city that was branded as the nation’s “rape capital” in the aftermath of the
Nirbhaya incident in 2012, there’s good news for Delhi. Crimes against women
remained in check in 2018, according to Delhi Police commissioner Amulya
Patnaik. At the annual police press conference on Wednesday, Patnaik pointed out
that despite free registration, the city did not witness a rise in number of rapes,
recording 2,043 cases in 2018 against 2,059 in 2017.

However, what is even more encouraging, according to the police chief, was that
the involvement of strangers in rapes came down to 2.5% of all cases for the first
time in 2018. In 2016 and 2017, the figure stood at 3.6% and 3.4%, respectively.
The data showed that 2,290 people were arrested for rape last year compared with
2,275 in 2017.

An analysis has revealed that 43.5% of the rape cases involved a family member
or a friend of the victim, while 16.3% involved neighbours. Relatives were accused
of the crime in 12% of the cases and employers or co-workers in 2.9%. According
to police, 550 cases related to those in which the accused and victim were in a live-
in relationship or where the accused had refused to marry the victims. In 51 cases,
the accused were strangers.
There were 3,175 cases of molestation registered in 2018 against 3,275 in 2017
and 4,032 in 2016, and 3,890 people were arrested under this charge last year.

Cases registered under Section 509 of the Indian Penal Code regarding
punishment for outraging a woman’s modesty saw a similar dip. From 894 cases in
2016 and 621 cases in 2017, the figure came down to 569 cases in 2018, while
676 persons were arrested for this crime.

Delhi Police has attributed the fall in incriminating numbers to the measures it took,
such as 1,419 self-defence training programmes organised in education institutions
or other place in 2018 in which 2,77,516 girls received training. Special
commissioner R P Upadhyay said, “Delhi Police entered the Limca Book of
Records for having trained 9,80,456 women so far under 5,140 programmes.”

Patnaik also said that there police had emphasised the popularisation of the
Himmat Plus app, using which women can make an SOS call at a single click. He
also said that various “gender sensitisation and mind-set reformation” drives
comprised the police women empowerment project called ‘Sashakti’. Interestingly,
15 all-women police control room vans were operationalised for which 46 female
personnel were given training.

The police chief also talked about other initiatives. “We have identified dark
stretches and shared the information with the civic agencies,” Patnaik said. “Delhi
Police has also requested the state government to strengthen the last-mile
connectivity. And then, we have requested the social welfare department to initiate
programmes for awareness and education in slums and areas with high incidence
of crimes against women. We have also suggested that schools should include
self-defence as a part of the curriculum.”
Estimates of unreported rapes
Most rapes go unreported because the rape victims fear retaliation and humiliation,
both in India and throughout the world. Indian parliamentarians have stated that the
rape problem in India is being underestimated because many cases are not
reported, even though more victims are increasingly coming out and reporting rape
and sexual assaults.
Few states in India have tried to estimate or survey unreported cases sexual
assault. The estimates for unreported rapes in India vary widely. The National
Crime Records Bureau report of 2006 mentions that about 71% rape crimes go
unreported.Marital rape is not a criminal act in Indin though sexual intercourse with
wife aged between 15 and 18 years is considered as rape.[35] Madiha Kark
estimates 54% of rape crimes are unreported.A UN study of 57 countries estimates
just 11% of rape and sexual assault cases worldwide are ever reported.

The deep-rooted problem of sexual assault in India has in the past been seen by
authorities as more of a social and cultural issue rather than a concern for law
enforcement, according to women's rights activists.
"It is in the mind of society, and men and boys to brutalize women. They get a
power kick. If law and order and enforcement is strong, then the law starts acting
as a deterrent.
.
Lawmakers in India's Parliament have condemned the Hyderabad incident,
demanding stricter laws and swifter punishment for rapists. Some even called for
rapists to be publicly lynched or castrated.

In the wake of the 2012 Delhi gang rape case, lawmakers passed a series of
amendments to the existing rape laws. Additional legislation was passed last year
following the heavily publicized rape and murder of an eight-year-old girl. The
amended law lengthened prison terms and introduced the death penalty in cases
where the victim is younger than 12 years of age.
India is yet to execute any convicted rapists following the introduction of the
amendment.
In 2017, a total 117,451 rape cases were pending in the country, while 28,750
cases were brought to trial, according to NCRB figures.

The 15 per cent spike in the figures falls flat on the much-touted efforts by the
government to curb crimes against women, There is also a very high pending
percentage in rape cases reported this year. For instance, of the 1509 cases
registered this year, 858 cases are pending, while FR(First Report) was submitted
in 302 cases and charge sheets were filled in 349 cases. If India were to start
hanging people for rape, authorities would need to set up gallows the length and
breadth of the vast nation of more than 1.3 billion people.

Convictions
Verdicts in Delhi Rape Cases, 2013
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.

The gang rape of a 23-year-old student on a public bus, on 16 December 2012,

sparked large protests across the capital Delhi. She was with a male friend who
was severely beaten with an iron rod during the incident. This same rod was used
to penetrate her so severely that the victim's intestines had to be surgically
removed, before her death thirteen days after the attack.

The following day, there was an uproar in the Indian parliament over the incident.
MPs in both houses had set aside their regular business to discuss the case and
demanded strict punishment for those who carried out the attack. The Leader of
the Opposition in the Lok Sabha, Sushma Swaraj, demanded that "the rapists
should be hanged". Thousands of people, mostly young, participated in a massive
demonstration on 22 December in protest. Police arrested six men suspected of
rape.

In August 2013, a 22-year-old photojournalist, who was interning with an English-

language magazine in Mumbai, was gang-raped by five persons, including a
juvenile, when she had gone to the deserted Shakti Mills compound, near
Mahalaxmi in South Mumbai, with a male colleague on an assignment. This
caused protests throughout the country since Mumbai with its very active nightlife
was previously considered a safe haven for women. The city sessions court found
the accused guilty and sentenced death penalty to the three repeat offenders in the
Shakti Mills gang rape case, making them the first in the country to get the death
sentence stipulated under the newly enacted Section 376E of the Indian Penal
Code.

On 14 March 2015, a 71-year-old nun was allegedly gang-raped in Ranaghat,

West Bengal by intruders at Convent of Jesus and Mary. The six intruders were
recorded on CCTV during their crime of ransacking the chapel, destroying religious
items, looting cash and the gang rape. Six men were arrested and charged with the
crime by 1 April 2015, and identified to be Bangladeshi Muslims.

On 29 March 2016, the corpse of Delta Meghwal, a 17 year old Dalit girl, was
found in her hostel's water tank. Following the registration of the police case the
hostel warden, physical education teacher and principal were arrested by Bikaner
police and kept under judicial custody. The State eventually acceded to a CBI
inquiry after the issue became politicised.
On 17 January 2018, Asifa, an 8-year old minor girl, was raped and murdered in
Rasana village near Kathua in Jammu and Kashmir. The incident made national
news when charges were filed against eight men in April 2018. The arrests of the
accused led to protests from groups, one of which was attended by two ministers
from the Bharatiya Janata Party, both of whom have now resigned. The rape and
murder, as well as the support the accused received, sparked widespread outrage.

The Unnao rape case saw an allegation that lawmaker Kuldeep Singh Sengar had
raped a 17-year old girl in 2017. In 2018, the alleged victim's father was jailed
under the Arms Act, and died in prison after being allegedly beaten up by Sengar's
brother and several others. Also in 2018, a witness to the alleged assault, Yunus,
died and was immediately buried by his family with no autopsy and no
communication to police or investigators. Yunus' wife and family said Yunus had
been ill and died a natural death. The uncle of the alleged victim was arrested and
jailed in 2018 due to an 18 year old gun-firing case. In 2019, a truck with blackened
license plates hit the car in which the alleged victim and others were riding in. As a
result, the victim's paternal and maternal aunts were killed. The alleged victim and
her lawyer were critically injured. The police officers assigned to provide security
for the alleged victim were not present, with the explanation that there was no
space in the car in which the alleged victim was travelling in.

Jammu and Kashmir

There have been allegations of rape and mass rape in Jammu and Kashmir.
Reports have shown that rape has been carried out by both Indian armed forces
and Islamist militant groups.

The rapes by Islamic militants have been reported since the Indo-Pakistani War of
1947. On 22 October 1947, Pashtun militants invaded Baramulla in a Pakistan
army truck, and raped women including European nuns.[61] In March 1990, Mrs.
M. N. Paul, the wife of a BSF inspector was kidnapped, tortured and gang-raped
for many days. Then her body with broken limbs was abandoned on a road.

The International Commission of Jurists have stated that though the attacks had
not been proven beyond a doubt, there was credible evidence that it had
happened. In 2011, the State Human Rights Commission (SHRC) asked for the
reopening of the case.

Militant organisations such as Hizb-ul-Mujahideen, Jamiat-ul-Mujahideen and

Harkat ul-Ansar have been accused of carrying out rapes. The Jammu Kashmir
Liberation Front has been accused of ethnic cleansing of using murder, arson, and
rape as a weapon of war to drive out hundreds of thousands of Hindu Kashmiri
Pandits from the region.Following the rise of rapes by the Indian armed forces and
militants, HRW has submitted that the victims of raper suffer ostracism and there is
a "code of silence and fear" that prevents people from reporting such abuse.
According to the HRW, the investigation of case of rape by Indian forces and
militants is difficult because many Kashmiris are reluctant to discuss it for the fear
of violent reprisals.

Northeast India
Human rights groups allege that the Indian armed forces under the protection of
the Armed Forces (Special Powers) Act, 1958 have carried out a large amount of
rapes in the Nagaland, Assam and Manipur provinces. Karlsson writes that there
are reports that much of the violence against civilians, including sexual assault, is
inflicted by the rebel groups and armed criminal gangs in the region.

Uttar Pradesh
There is wide discrepancy among reports of rape and sexual assault. For example,
according to the People's Union for Civil Liberties (PUCL), the majority of those
assaulted in 2007 were poor women from remote areas and Dalits. SR Darapuri of
the PUCL alleged, "I analysed the rape figures for 2007 and I found that 90% of
victims were Dalits and 85% of Dalit rape victims were underage girls."[69]
Darapuri allegations do not match with the data compiled by National Crime
Records Bureau of India, which found 6.7% of rape and sexual assault victims
were Dalits in 2007, where nearly 16% of Indian population is classified as
Dalit.[70] There were 391 cases of rape of Dalit victims reported in Uttar Pradesh in
2013 or about 1 per 100,000 Dalits in the state of about 200 million people (21% of
which is classified as Dalit).

Potential abuse concerns

In April 2013, Judge Virender Bhat has suggested that the legal proposition of
relying upon the sole attestation of the victim became "an easy weapon" to
incriminate anyone in rape case. Justice Kailash Ghambhir of the Delhi High Court
stated that penal provisions for rape are often being misused by women as a
"weapon for vengeance and vendetta" to harass and blackmail their male friends
by filing false cases to extort money and to force them get married.[76] Saamna,
mouthpiece of Shiv Sena in an editorial noted while supporting the Deputy
Inspector General Of Police in Mumbai in an alleged rape complaint that it has
become "a fashion to create sensation by charging someone for rape and
molestation" while Shonee Kapoor, founder of Sahodar Men's Right Group,
demanded that the name of the accused should not be made public till conviction.

In 2014, as per a report submitted by Delhi Commission for women 53% of

reported rapes in 2012-13 were found to be 'false'. This report considered the
cases that were dropped before going to trial as false, and failed to differentiate
between the cases dropped due to coercion and cases where it was clear that
women were lying.
The Hindu journalist, Rukmini Shrinivasan, investigated the cases further by only
considering the cases that went to full trial. Out of 460 such cases in Delhi district
courts in 2013 only 2% (12) were found to be committed by strangers. 41% (189)
of these cases were filed by parents to criminalize and end consented sexual
relationships, 24% (109) were filed under 'breach of promise to marry' and 30%
(141) were found to be committed by acquaintances and relatives.

Notable cases
In 1991, the 4 Rajputana Rifles unit are alleged to have entered the village of
Kunan Poshpora and raped between 30 and 100 women aged between 13 and 70.
The Indian government carried out three inquiries into the allegations and
concluded that it had been a hoax.

In May 2014 two girls aged 14 and 16 were allegedly gang raped and murdered in
the northern state of Uttar Pradesh, though later investigations have alleged
suicide as the cause of death in this instance. Two police officers were suspected
of involvement in the crimes. The alleged gang rape was widely reported in the
press both in India and globally. After an extensive investigation, the CBI
concluded that the rape and murder allegations were false.

Tourist advisories
Rape cases against internationals 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".

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.[85][86] The
Swiss government issued a travel advisory in 2013 about the "increasing numbers
of rapes and other sexual offences" happening in India.

The news coverage of the rapes and updated travel advisories have worried Indian
tourism industry.[88][89] Some media reports stated that high-profile rape cases
had led to tourist numbers to drop 20 to 30 per cent compared to previous year.
The Assocham agency found that of 1200 businesses surveyed more than 70%
reported cancellations by female tourists from Britain, Canada, the U.S. and
Canada along with a 25% decline overall.However, tourist arrivals in India
increased from 6.5 million arrivals in 2012 to 6.8 million arrivals in 2013. Tourist
arrivals in 2014 observed another 10% increase over 2013 levels.

In January 2015, the Tourism Ministry of India introduced emergency helplines for
female tourists. The Indian government announced in April 2015, that tourists are
now being given a "welcome card" by the immigration officer on arrival with
resources to ensure their safety, that GPS-embedded tracking system are being
introduced in all taxis, and tourist helplines in 12 foreign languages have been
instituted.

In a non-tourism related case, Russia issued travel advisory to its citizens after a
Russian national was raped in December 2009.The case was widely covered after
a member of Indian parliament Shantaram Laxman Naik blamed the victim and the
media for over emphasising the Russian rape case after, "she was raped by a state
politician in his car after they had dinner together".[96] Naik was criticised by
leaders of Indian political parties such as CPI-M, BJP and SP for blaming the rape
victim and media.
 CHAPTER - VI
THE LEGAL PROVISIONS IN INDIA

 1 Sexual offences in the Indian Penal Code

o 1.1 Section 228 A: revealing survivor’s name
o 1.2 Section375: Rape
o 1.3 Sec. 376: Punishment for rape
o 1.4 376A: Intercourse by a man with his wife during separation
o 1.5 376B: Intercourse by public servant with woman in his custody
o 1.6 376C: Intercourse by superintendent of jail, remand home, etc.
o 1.7 376D: Intercourse by any member of the management or staff of a hospital
with any woman in that hospital
 2 Punishment and the law
o 2.1 As in Dec 2012
 2.1.1 Section 376
 2.1.2 1860: Rape laws
 2.1.3 After 1983: Change in rape laws
 3 Changes in the law after February 3, 2013
o 3.1 Tarun Tejpal case
o 3.2 Justice Asok Kumar Ganguly case
 4 Rape of minor girls
o 4.1 Rajasthan, Madhya Pradesh: rape of minor girls is a capital offence
o 4.2 Arunachal, too, permits death penalty
o 4.3 Death sentence to rapists of children
o 4.4 2018: rapists of minors to get life imprisonment or death
 4.4.1 Justice J S Verma Committee had opposed death penalty
o 4.5 2018, national law: death for rape of under-12 girls
 5 Sexual Harassment of Women at the Workplace Act
o 5.1 Subjective terms
 o 5.2 Witch-hunt frenzy
o 5.3 Safeguards
o 5.4 Accuser’s proof
 6 The 2013 law vs the earlier position
o 6.1 Sexual harassment
 6.1.1 Category I
 6.1.2 Category II
 6.1.3 Category III
o 6.2 RAPE
 7 State laws: additional punishments
o 7.1 Haryana, 2018: Rape accused to lose licences
 8 India alone names the accused; most countries only those convicted

Sexual offences in the Indian Penal Code

Section 228 A: revealing survivor’s name

A girl not more than 18 and dressed in a crisp white sari speaks haltingly,
sometimes her voice just a whisper. “Yes, I am aware of the Kathua incident. Most
of us are following it closely,” she says, gesturing towards the three girls sitting
alongside, who, like her, are rape survivors. At the NGO in the heart of Dehradun,
a one-of-itskind shelter that houses 50 women who have suffered rape, there is a
raging debate among the girls and women.

Almost all of them were unanimous in their opinion. “Why should we be asked to
hide our identities when we haven’t committed any crime? Shouldn’t those who are
committing rapes be the ones covering their faces?” the girl in the white sari says,
her voice steady now, eyes displaying flashes of anger. “By remaining anonymous,
we are only letting rapists gain strength.” Other heads nod in assent.
Whether or not to disclose the identity of a rape survivor has for long been a grey
area in the judicial system.

Survivors studying law to fight their cases

Section 228 A of the IPC prohibits publicising the name of the survivor and entails
in case of a violation imprisonment up to two years which may or may not be
accompanied with a fine. However, there are provisions under which the identity
can be revealed —

a) if the police official conducting the investigation authorises it in good faith,

b) if the survivor herself allows it in writing, or c) if the victim is dead or minor or of

unsound mind, and her next of kin authorises it in writing.

Section375: Rape
375. Rape.--A man is said to commit "rape" who, except in the case hereinafter
excepted, has sexual intercourse with a woman under circumstances falling under
any of the six following descriptions:-

First.-Against her will.

Secondly.-Without her consent.
Thirdly.-With her consent, when her consent has been obtained by putting her or
any person in whom she is interested in fear of death or of hurt.
Fourthly.-With her consent, when the man knows that he is not her husband, and
that her consent is given because she believes that he is another man to whom
she is or believes herself to be lawfully married.

Fifthly.-With her consent, when, at the time of giving such consent, by reason of
unsoundness of mind or intoxication or the administration by him personally or
through another of any stupefying or unwholesome substance, she is unable to
understand the nature and consequences of that to which she gives consent.
Sixthly.-With or without her consent, when she is under sixteen years of age.

Explanation.-Penetration is sufficient to constitute the sexual intercourse necessary

to the offence of rape.

Exception.-Sexual intercourse by a man with his own wife, the wife not being under
fifteen years of age, is not rape.

Indian Kanoon adds (downloaded in Dec 2016): (Manipur) —(a) in clause sixthly,
for the word “sixteen” substitute the word “fourteen”; and

(b) in the Exception, for the word “fifteen” substitute the word “thirteen”. [Vide Act
30 of 1950, sec. 3 (w.e.f. 16-4-1950) (made earlier than Act 43 of 1983)].
COMMENTS Absence of injury on male organ of accused Where a prosecutrix is a
minor girl suffering from pain due to ruptured hymen and bleeding vagina depicts
same, minor contradictions in her statements they are not of much value, also
absence of any injury on male organ of accused is no valid ground for innocence of
accused, conviction under section 375 I.P.C. proper.

The Age of consent in India was modified in 2017. To track the changes see Age of
consent in India.

Sec. 376: Punishment for rape

376. Punishment for rape.--(1) Whoever, except in the cases provided for by sub-
section (2), commits rape shall be punished with imprisonment of either description
for a term which shall not be less than seven years but which may be for life or for
a term which may extend to ten years and shall also be liable to fine unless the
woman raped is his own wife and is not under twelve years of age, in which case,
he shall be punished with imprisonment of either description for a term which may
extend to two years or with fine or with both:

Provided that the court may, for adequate and special reasons to be mentioned in
the judgment, impose a sentence of imprisonment for a term of less than seven
years.

(2) Whoever,-

(a) being a police officer commits rape-

(i) within the limits of the police station to which he is appointed; or
(ii) in the premises of any station house whether or not situated in the police station
to which he is appointed; or
(iii) on a woman in his custody or in the custody of a police officer subordinate to
him; or
(b) being a public servant, takes advantage of his official position and commits
rape on a woman in his custody as such public servant or in the custody of a public
servant subordinate to him; or

(c) being on the management or on the staff of a jail, remand home or other place
of custody established by or under any law for the time being in force or of a
women's or children's institution takes advantage of his official position and
commits rape on any inmate of such jail, remand home, place or institution; or

(d) being on the management or on the staff of a hospital, takes advantage of his
official position and commits rape on a woman in that hospital; or

(e) commits rape on a woman knowing her to be pregnant; or

(f) commits rape on a woman when she is under twelve years of age; or
(g) commits gang rape, shall be punished with rigorous imprisonment for a term
which shall not be less than ten years but which may be for life and shall also be
liable to fine:

Provided that the court may, for adequate and special reasons to be mentioned in
the judgment, impose a sentence of imprisonment of either description for a term of
less than ten years.

Explanation 1.-Where a women's is raped by one or more in a group of persons

acting in furtherance of their common intention, each of the persons shall be
deemed to have committed gang rape within the meaning of this sub-section.

Explanation 2.-"women's or children's institution" means an institution, whether

called and orphanage or a home for neglected women or children or a widows'
home or by any other name, which is established and maintained for the reception
and care of women or children.

Explanation 3.-"hospital" means the precincts of the hospital and includes the
precincts of any institution for the reception and treatment of persons during
convalescence or of persons requiring medical attention or rehabilitation.

376A: Intercourse by a man with his wife during separation

376A. Intercourse by a man with his wife during separation.-- Whoever has sexual
intercourse with his own wife, who is living separately from him under a decree of
separation or under any custom or usage without her consent shall be punished
with imprisonment of either description for a term which may extend to two years
and shall also be liable to fine.
376B. Intercourse by public servant with woman in his custody.--

Whoever, being a public servant, takes advantage of his official position and
induces or seduces, any woman, who is in his custody as such public servant or in
the custody of a public servant subordinate to him, to have sexual intercourse with
him, such sexual intercourse not amounting to the offence of rape, shall be
punished with imprisonment of either description for a term which may extend to
five years and shall also be liable to fine.

376C: Intercourse by superintendent of jail, remand home, etc.

Whoever, being the superintendent or manager of a jail, remand home or other

place of custody established by or under any law for the time being in force or of a
women's or children's institution takes advantage of his official position and
induces or seduces any female inmate of such jail, remand home, place or
institution to have sexual intercourse with him, such sexual intercourse not
amounting to the offence of rape, shall be punished with imprisonment of either
description for a term which may extend to five years and shall also be liable to
fine.

Explanation 1.-"Superintendent" in relation to a jail, remand home or other place of

custody or a women's or children's institution, includes a person holding any other
office in such jail, remand home, place or institution by virtue of which he can
exercise any authority or control over its inmates.

Explanation 2.-The expression "women's or children's institution" shall have the

same meaning as in Explanation 2 to sub-section (2) of section 376.

376D: Intercourse by any member of the management or staff of a hospital with

any woman in that hospital
376D. Intercourse by any member of the management or staff of a hospital with
any woman in that hospital.--Whoever, being on the management of a hospital or
being on the staff of a hospital takes advantage of his position and has sexual
intercourse with any woman in that hospital, such sexual intercourse not amounting
to the offence of rape, shall be punished with imprisonment of either description for
a term which may extend to five years and shall also be liable to fine.

Explanation.-The expression "hospital" shall have the same meaning as in

Explanation 3 to sub-section (2) of section 376.]

Punishment and the law

As in Dec 2012
The article below was written after the gruesome gang rape, called the Nirbhaya
rape, of Dec 2012. It was written before subsequent changes in the law.

Rape and sexual offences: Crime & punishment in India, India Today Online, New
Delhi, December 18, 2012

Section 376
Section 376 of the Indian Penal Code 1860 says:

"Whoever commits rape shall be punished with imprisonment of either description

for a term which shall not be less than seven years but which may be for life or for
a term which may extend to ten years and shall also be liable to fine unless the
woman raped is his own wife and is not under twelve years of age, in which case,
he shall be punished with imprisonment of either description for a term which may
extend to two years or with fine or with both."
Section 376 also deals with gang-rape under which the culprit/s shall be punished
with rigorous imprisonment for a term which shall not be less than ten years but
which may be for life and shall also be liable to fine.

If the victim says he (the accused) didn't rape then Section 354 of Indian Penal
Code applies. Section 354 of the IPC considers the assault or criminal force to
woman with the intention to outrage her modesty. The punishment is up to two
years imprisonment or a fine or both.

Developing countries like India do not have a deterrent punishment for such
heinous crimes. Additional sessions judge Kamini Lau had on May 11, 2011
suggested "chemical castration" as an alternative to a jail term for rapists.

Chemical castration is the administration of medication designed to reduce libido

and sexual activity, usually in the hope of preventing rapists, child molesters and
other sex offenders from repeating their crimes. In the US, UK and Germany,
chemical castration is being used as an alternative.

However, the Indian Penal Code provides only a jail term for sexual offenders.

Definition of rape
Under Section 375, a man is said to commit rape who has sexual intercourse with
a woman under circumstances falling under any of the following descriptions:
Against her will; without her consent; with her consent but with fraudulent means or
by misrepresentation.

1860: Rape laws

The Indian Penal Code (45 of 1860) was enacted in the year 1860 but the
provision relating to rape embodied in Section 375 and 376 remains substantially
similar.
The bias against victim

The process of law is biased against the victim. If the victim is a minor, the onus is
on the accused to prove his innocence. In the case of a major, it is up to the victim
to prove the charge.

In rape cases, if the woman is not examined medically within 24 hours, it becomes
difficult forensically to prove that rape has occurred.

After 1983: Change in rape laws

It was after 1983 that the punishment for rape was made more severe. Earlier, the
punishment prescribed under Section 376 of the IPC provided for a maximum
sentence of life imprisonment but there was no minimum limit. A rapist could get
away with a sentence of even one month.

In 1983, while the maximum sentence to capital punishment could not become a
reality as demanded by various organisations, a minimum sentence of seven years'
imprisonment was, however, prescribed.

Under Section 376(2), "rigorous imprisonment" and ten years' imprisonment

sentence were introduced - for special kinds of rape. This Section covered rape by
a police officer within the premises of a police station; rape by a public servant of
his junior while taking advantage of his official position; rape by an official in a jail
or remand home of an inmate; rape by someone on the staff of a hospital of a
woman in the hospital; rape of a pregnant woman; rape of a girl under 12 years of
age and gang-rape.
In gang-rape cases, each of the persons within the group will be deemed to have
raped the woman even if each one of them did not actually have sexual intercourse
with her.

Absence of consent

As per Section 114A of the Indian Evidence Act (IEA), in cases of custodial rape,
gang-rape and rape of a pregnant woman, if the victim states in court that she did
not consent, then the court shall presume that she did not consent and the burden
of proving consent shall shift to the accused.

Protection of accused

The continued existence of Section 155(4) of the IEA gives protection to the
accused. Under this Section, if it is shown that the woman in question is of immoral
character, her evidence will not be taken into account.

Attempt to Rape

In cases where an indecent assault is made upon the person of a woman, but
where rape is not committed, the culprit is charged with Section 354 of IPC.

Sexual harassment and rape

According to official statistics of 1991, one woman is molested every 26 minutes.

In Rupan Deol Bajaj Vs. KPS.Gill, the Supreme Court in January, 1998 fined Gill
Rs 2.5 lakh in lieu of three months rigorous imprisonment under Sections 294 and
509 of the Indian Penal Code. Senior IAS officer Bajaj was slapped on the
posterior by the then Punjab Police chief Gill at a dinner party in July 1988.
Stringent punishment

The Law Commission of India in its 172nd Report on Review of Rape Laws and the
National Commission for Women seek more stringent punishment for rape
offences.

In view of increasing number of sexual crimes, the government has included acid
attacks as a separate offence with stricter punishment.

The Union cabinet has proposed to replace "rape" with "sexual assault" in the
Indian Penal Code and widen the scope of the offence in the Criminal Law
(Amendment) Bill, 2012.

It is learnt, the Section 375 of IPC, which defines rape, has also been changed to
include provisions like when the woman is lured into having sex with promise of
marriage or made to consume an intoxicant or by fraud.

According to the National Crime Records Bureau, incidents of rape rose from over
16,000 in 2001 to over 24,000 in 2011 in the country.

Attempt to murder

Attempt to murder under sec 307 of IPC explains that whoever does any act with
such intention or knowledge, and under such circumstances that, if he by that act
caused death, would be guilty of murder, shall be punished with imprisonment of
either description for a term which may extend to ten years, and shall also be liable
to fine; and if hurt is caused to any person by such act, the offender shall be liable
either to 1[imprisonment for life], or to such punishment as is hereinbefore
mentioned.
Law changes

Tarun Tejpal case

Tarun Tejpal, the Tehelka founder accused of raping a junior during a Goa literary
conclave in November 2013, would have been booked for the much weaker charge
of sexual harassment under the earlier laws.

Tejpal would have faced the prospect of a maximum of two years in jail and a fine
under the earlier laws that described any sexual crime short of rape with the
Macaulay-era wording “outraging the modesty of women” and prescribed a uniform
punishment.

Under the new law, if convicted, he now faces anything between seven years and
life in jail.

Justice Asok Kumar Ganguly case

The new laws will not apply to the charges against Justice Asok Kumar Ganguly
because the alleged “unwelcome behaviour of a sexual nature” in December 2012
preceded the legal amendments carried out on February 3, 2013.

Going by the information made public so far, Ganguly, unlike Tejpal, would not
have faced the charge of rape even under the new laws. But the punishment for
the charges the former judge could face would have been different had the new
laws applied, ranging from a year to seven years in prison.

Rape of minor girls

Rajasthan, Madhya Pradesh: rape of minor girls is a capital offence
Raj makes rape of under-12 girls capital offence, March 10, 2018: The Times of
India
The Rajasthan assembly passed an amendment bill that makes rape or gang rape
of a girl up to 12 years of age an offence punishable with death. The state is now
the country’s second, after Madhya Pradesh, where rape or gang rape of minor
girls is a capital offence.

Through the Criminal Laws (Rajasthan Amendment) Bill, 2018, the state
government has added two sections to the Indian Penal Code, 1860, in an effort to
check rising heinous crimes against minor girls by provisioning harsher
punishments.

Meanwhile, the assembly also passed the Rajasthan Bovine Animal (Prohibition of
Slaughter and Regulation of Temporary Migration or Export) (Amendment) bill,
2018. The bill excludes buffalo and its progenies from the definition of bovines,
which would come as a major relief for cattle/meat traders.

Arunachal, too, permits death penalty

The Arunachal Pradesh assembly passed the Criminal Laws (Arunachal Pradesh)
Amendment Bill 2018, which empowers the state to award death penalty or
rigorous imprisonment of at least 14 years to anyone found guilty of raping a girl
below 12 years. The state becomes fourth in the country to approve the provision
after Rajasthan, MP and Haryana .

Death sentence to rapists of children

Madhya Pradesh was the first state to pass a bill to award death sentence to
rapists of children below 12 years but the Centre has been sitting on it for four
months now.
Officials at the secretariat refused to come on record on why the bill is hanging fire,
apart from a one-liner that it was pending with the President. While the Centre told
the Supreme Court on Friday that it intended to amend POCSO to include death
penalty in case of rape of a child younger than 12 years, the MP government has
sought an amendment in IPC sections 376 (a) (a) and 376 (b)(a).

The first one is for rape of a child, for which the state government seeks 14 years
to life imprisonment or death. The second one is for gangrape, for which it wants
20 years to life in jail or capital punishment. For crimes registered under IPC
section 493 (a) — rape through lure of marriage — the state recommends three
years’ jail.

The MP assembly had unanimously passed ‘Dand Vidhi (Madhya Pradesh

Sanshodhan) Vidheyak 2017’ bill in December last year.

The Congress supported the bill though it apprehended misuse of the tough law
and shared child activists’ concerns that it might drive rapists to kill children to
erase evidence.

2018: rapists of minors to get life imprisonment or death

More than 9 of 10 rape survivors attacked by known people- Quantum of

punishment under the Criminal Law Amendment Ordinance and age of survivors

Death for child rapist

The Union Cabinet cleared a stringent ordinance on Saturday providing for lengthy
jail terms and even the death penalty for sex offenders convicted for raping girls
below the age of 12 years while the punishment for the gang rape of a victim below
16 will be imprisonment for life.

The ordinance sets out life sentences for the entire natural life of a convict and
rules out anticipatory bail for rape or gang rape of a girl less than 16 years while
also providing a two-month time frame for investigation and the same for trial. The
ordinance also outlines plans for specialised forensic labs and rape investigation
kits for police stations to ensure evidence is gathered and analysed speedily.

The Cabinet met within hours of the PM’s return from a tour of Sweden and the UK
and after he reviewed the Criminal Law (Amendment) Ordinance, 2018 intended to
provide “effective deterrence” against the offence of rape and to instil a feeling of
security among women and young girls.

Fast-track courts for rape cases soon

Official sources said the government took serious note of the incidents of rape in
various parts of the country and framed a comprehensive response that includes
tough sentences and time-bound trials.

The PM returned to Delhi around 8.30am and the Cabinet met at 11.30am to
deliberate on the ordinance in the backdrop of nationwide outrage over the Kathua
rape murder of a minor.

The ordinance is the second occasion in recent years when laws on crimes against
women have been scrutinised and sentences made tougher after the rape-murder
of a young physiotherapy student in Delhi in 2012. The “Nirbhaya case” had led to
the inclusion of specific offences and a review of sentencing.

The urgent meeting of the Cabinet seems to have been prompted by criticism that
crimes against women are rising and, in the Kathua case, the perception that BJP
was slow to dissociate itself from protests in support of the accused and that the
case had been given a communal turn. The ordinance follows Modi’s comments in
Delhi last week and then in the UK that there should be no politics over rape.

The ordinance states that the minimum punishment for the rape of a girl below 16
years will be increased from 10 years to 20 years, extendable to imprisonment for
the entire lifetime of an offender — till the end of a convict’s “natural life”.
Punishment for the gang rape of a girl below 16 years will mandatorily be
imprisonment for the rest of the life of the convict/s.

The minimum punishment in case of rape of women has been increased from
rigorous imprisonment of seven years to 10 years, extendable to life imprisonment.
After the Nirbhaya case, the death sentence was included in cases of sexual
assault where the victim dies or is reduced to a vegetative state.

The ordinance prescribes a six-month time limit for the disposal of appeals in rape
cases and also puts restrictions on bail for the accused.

New fast-track courts will be set up to deal with such cases and special forensic
kits for rape cases provided to police stations and hospitals in the long term,
according to the ordinance. Apart from the Kathua case, the alleged rape of a
teenager in Unnao in UP by a BJP legislator and the assault on her father —
leading to his death allegedly by the MLA’s brother had also caused considerable
comment and revulsion.

New posts of public prosecutors are to be created and special forensic labs
exclusively for rape cases are also planned. “These measures will form part of a
new mission mode project to be launched within three months,” an official said.
Speaking at a function last week, the PM Modi had said, “Such incidents shake our
sensibilities. I want to assure the nation that no criminal will be spared. Justice will
be done. Our daughters will get justice.”

The Indian Penal Code, the Evidence Act, CrPC and the the Protection of Children
from Sexual Offences Act will stand amended once the ordinance is promulgated
after the approval of President Kovind.

Justice J S Verma Committee had opposed death penalty

Only five years ago, Justice J S Verma Committee report that led the erstwhile
UPA government to enact a tougher anti-rape law in 2013, had strongly opposed
death penalty for rapists, noting that it would be a regressive step and may not
have a deterrent effect.

Citing international law and law as explained in the American courts, the panel —
headed by Verma, a former CJI, with retired HC judge Leila Seth and former
solicitor general of India Gopal Subramanium as its other members — said it would
be a regressive step to introduce death penalty even when such punishment is
restricted to rarest of rare cases.

According to the report, there was considerable evidence that the deterrent effect
of death penalty on serious crimes was a myth.

Taking into account views of a majority of scholars and women’s organisations etc,
the committee — set up to review anti-rape law in the wake of gangrape and
murder of Nirbhaya in December 2012 — said it was not inclined to recommend
introduction of death penalty in cases of aggravated forms of sexual assault in the
larger interests of society, having regard to the thinking in favour of abolition of
death penalty.
2018, national law: death for rape of under-12 girls
House approves death for rape of under-12 girls, August 7, 2018: The Times of
India
Parliament on Monday passed a legislation prescribing stringent punishment,
including death penalty, to those convicted of raping a girl below 12 years of age.
The law replaces the Criminal Law (Amendment) Ordinance that was promulgated
on April 21, following an outcry over the rape and murder of a minor girl in Kathua
in Jammu and Kashmir and the rape of another woman at Unnao in Uttar Pradesh.

In cases of rape of girls under 12 years, the minimum jail term will be 20 years,
which may go up to life in prison or death sentence. Gang rape of a girl under 12
years old will invite imprisonment for rest of the life or death. The minimum
punishment in cases of rape has been enhanced from rigorous imprisonment of
seven years to 10 years. According to the bill, in case of rape of a girl under 16
years, the minimum punishment will be 10 to 20 years, extendable to imprisonment
for rest of life.

The bill, which was passed in Lok Sabha on July 30, was approved by a voice vote
in the upper House only after a debate with some members from the opposition
demanding that it be sent to a select committee for scrutiny— the main concern
being that death penalty may put the survivor of sexual assault at risk of being
killed by the accused. Also there was demand for making the law gender-neutral.

The ministry of women and child development is processing a proposal to bring

amendments to the Protection of Children Against Sexual Offences Act 2012 to
make it gender-neutral.

Replying to a debate, junior home minister Kiren Rijiju said the government brought
the bill, as in the last few months, “heart-rending incidents of rape of underaged
girls have taken place in the country”.
The deadline for the completion of trial in all rape cases will be two months. A six-
month time limit for disposal of appeals in rape cases has also been prescribed.
There will also be no provision for anticipatory bail for a person accused of rape or
gang rape of a girl under 16 years.

In case of rape of a girl under 12 years, the minimum jail term will be 20 years
which may go up to life in prison or death sentence

Sexual Harassment of Women at the Workplace Act

Subjective terms
Added to this mix of criminal laws is the Sexual Harassment of Women at the
Workplace Act that makes it mandatory for offices to set up a grievance redress
mechanism to internally evaluate allegations of misconduct followed by a criminal
complaint if the charges are found to be sound.

The cocktail of laws, however, is silent on the specifics of what can be viewed as
humiliation, interference with work, creating an environment of intimidation and
implied and explicit threats — the factors that define sexual harassment at the
workplace.

It is equally unclear what constitutes “making sexually coloured remarks” or

“unwelcome verbal conduct of a sexual nature” that the new criminal amendment
law punishes with a year in jail.

But the rape laws describe in detail what constitutes the offence (see chart: ' The
2013 law vs the earlier position'). The definition of rape has been widened to such
an extent that finding evidence to prove some charges would be difficult. In effect,
although many feel that the law has been tightened, the task of prosecution may
become all the more difficult to establish a charge in court in the absence of
material evidence.

The law has yet to be tested in court conclusively but if cases under the new
definition of rape are not eventually proved, future complainants may turn reluctant
in approaching the police.

Witch-hunt frenzy
However, such questions have been blown away by the blizzard of opinions from
those with little respect for the nuances of law that usually follow a complaint.

Senior lawyer K.T.S. Tulsi, who appeared on behalf of Tejpal at Delhi High Court,
felt that a witch-hunt of those charged with sexual crimes was leading to premature
presumption of guilt by society at large.

“The moment an allegation of sexual crime is made, people presume it to be true

and start clamouring for the prosecution of the accused,” Tulsi said. “This is
nothing but travesty of justice. Such is the frenzy that people believe in prosecution
without following the procedure of law.”

Safeguards
The law does carry safeguards against misuse that in the absence of a public
witch-hunt can ensure a fair trial. Even before the new rape and sexual harassment
laws came into being, the victim did not need to personally complain for the police
to file an FIR — they could do so themselves. But the police need prima facie
evidence to arrest the accused and to seek custody.

The law continues to retain provisions that allow the accused, if acquitted, to seek
damages in court from the complainant and the police for the time he spent in jail
or the hurt to his reputation, although there is no provision for safeguarding the
identity of the accused as in the case of the accuser.

But others have pointed out that such cases take time to conclude and reputations
once destroyed are difficult to be restored with a stroke of a pen.

Accuser’s proof
Although the law does not bar complaints made even years after the alleged
incident, it does put in place mechanisms to guard against false allegations.

The accuser has to provide details of the incident — the date, the time, place
where she was harassed and any witnesses who may have come across the victim
in a perturbed state soon after the incident — to substantiate her complaint,
Jaiswal said.

The accused can challenge her version by producing alibi to suggest he was
elsewhere at the time of the alleged crime.

But if both were present at the same place at the time mentioned — as in the
cases of Tejpal as well as Ganguly — their personal accounts and that of
witnesses will play a crucial role. Besides, the onus of proving the charges still lies
on the prosecution.

The complainant’s version against Tejpal has been backed by three colleagues
whom the young journalist had met immediately after the alleged assault. The
intern had filed affidavits of three witnesses during her deposition against Ganguly.

A five-judge Constitution bench of the Supreme Court earlier in 2013 also held that
if the complaint is filed late, the investigating officer should conduct a preliminary
enquiry and be satisfied with its outcome before registering an FIR.
The 2013 law vs the earlier position

1. Sexual harassment

OLD LAW New LAW

Section 354, the Indian Penal Code Amended Section 354

Definition Category I
Seeks to explain what constitutes sexual
• Reference limited to “assault or harassment and defines differential
criminal force on a woman with the punishment
intent to outrage her modesty” • Physical contact and advances
involving explicit sexual overtures
• Stalking, verbal abuse with sexual • Demand or request for sexual favours
innuendoes, molestation and penile
penetration of a woman’s body other • Sexually coloured remarks l Forcibly
than vagina were covered under this law showing pornography
as equivalent crimes • Any other unwelcome physical, verbal
or non-verbal conduct of sexual nature
Punishment Punishment
Up to two years in jail or/and fine
Up to one year in jail and/or fine
Category II
• Act with intent to disrobe a woman
• Watching or capturing a woman in a
private act (bathing, naked, semi-naked
or in a sexual act); capturing includes
recording
 Punishment
Between 3 and 7 years in jail and fine

Category III
• Stalking
Punishment
Between 1 and 3 years and/or fine

2. RAPE
• Section 375, the Indian Penal New punishment
Code, deals with rape. The old law
defined forcible sexual intercourse 7 years to life imprisonment. If the
as rape victim is reduced to a vegetative
state or is seriously disfigured in
• The amended Section 375 defines addition to the rape, the maximum
rape as insertion of any object or punishment can extend to the
body part by a man into any part of “remainder of that person’s natural
the body of a woman. Oral sex also life”
constitutes rape. Forcing a woman to
submit herself to the same by
another man constitutes rape

• In the amended law, manipulating

any body part of a woman that leads
to rape as mentioned above will also
be treated as rape. This holds gang
rape participants accountable if they
hold or bind the victim while
someone else rapes her

• No change in the definition of

forcible. It means against a woman’s
will or consent; if the man isn’t her
husband but she believes he is; she
is intoxicated or drugged and in a
state where she is unable to
understand the nature and
consequences of that to which she
gives consent; or she is under 16.
Old punishment
7 years to life imprisonment. But
state governments frequently freed
life convicts after 14 years
 CHAPTER – VII
LEGAL RESPONSE TO RAPE CASES

The Indian law prior to the Nirbhaya Incident took into account only acts of penile-
vaginal intercourse within the definition of rape and forcible acts of penetration of
vagina, mouth, urethra or anus through penis or an inanimate object did not fall
within the definition of rape. Many rapists were not prosecuted because there was
no law to punish such acts. The definition was expanded in 2013 to consider rape
as any acts like penetration by penis, or any object or any part of body to any
extent, into the vagina, mouth, urethra or anus of a woman or making her to do so
with another person or applying of mouth to sexual organs without the consent or
will of the woman constitutes the offence of rape.

The section has also clarified that penetration means "penetration to any extent",
and lack of physical resistance is immaterial for constituting an offence. Except in
certain aggravated situation the punishment will be imprisonment not less than
seven years but which may extend to imprisonment for life, and shall also be liable
to fine. In aggravated situations, punishment will be rigorous imprisonment for a
term which shall not be less than ten years but which may extend to imprisonment
for life, and shall also be liable to fine.

Section 53A of the Code of Criminal Procedure of the Indian law lays down certain
provisions for medical examination of the accused. Section 164A of the Code of
Criminal Procedure deals with the medical examination of the victim.

The revised statutes of 2013 Indian law, in section 376A, mandates minimum
punishment in certain cases. For instance, if the sexual assault inflicts an injury
which causes death or causes the victim to be in a persistent vegetative state, then
the convicted rapist must be sentenced to rigorous imprisonment of at least twenty
years and up to the remainder of the natural life or with a death penalty." In the
case of "gang rape", the same mandatory sentencing is now required by law. The
convicted is also required to pay compensation to the victim which shall be
reasonable to meet the medical expenses and rehabilitation of the victim, and per
Section 357 B in the Code of Criminal Procedure. Death penalty for the most
extreme rape cases is specified

The 2013 law also increased the age of consent from 16 years to 18 years, and
any sexual activity with anyone less than age of 18, irrespective of consent, now
constitutes statutory rape.

The new law has made it mandatory for all government and privately run hospitals
in India to give free first aid and medical treatment to victims of rape.

As well, in May 2013, the Supreme Court of India held that the two-finger test on a
rape victim violates her right to privacy, and asked the Delhi government to provide
better medical procedures to confirm sexual assault.

On 3 November 2015 the Allahabad High Court observed that a child born out of
rape will have inheritance rights over the property of the assaulter and will be
treated as illegitimate,[103] however if the child is taken for adoption then he/she
will not have any rights on the property of the biological father.

National Database on Sexual Offenders (NDSO)

The government on September 20, 2018 launched the National Database on
Sexual Offenders (NDSO). The database contains entries of offenders convicted
under charges of rape, gang rape, POCSO and eve teasing. The portal as of now
contains 440,000 entries of cases that have been reported since 2008. It's
managed by the National Crime Records Bureau. The database is accessible only
to the law enforcement agencies for investigation and monitoring purpose.
Fast track courts
As a result of the 2012 Delhi gang rape case, the Indian government implemented
a fast-track court system to rapidly prosecute rape cases. The fast-track court
system has been welcomed by some, but their fairness questioned by legal experts
and scholars. The legal scholars state that the fast-track courts may not be fair in
an impoverished country where millions of cases are backlogged, and there are an
average of just 14 judges per million people - among the lowest in a United Nations
study of 65 nations. Fast track courts divert limited judicial resources and add
delays to prosecution of other crimes. They noted that Delhi state had instituted
five fast-track courts in 2013 to handle rape cases, but there are no fast-track
courts for murder.

Marital rape
Marital rape is not a criminal offence within Indian legal framework,[109] except
during the period of judicial separation of the partners. The marital rape exception,
that is exception 2 of section 375 of the Indian Penal Code states that sexual
intercourse by a man with his own wife, the wife not being under 18 years of age, is
not rape. In the 1980s, women's rights groups lobbied for marital rape to be
declared unlawful. Government officials argued that the contract of marriage
presupposes consent to sex and that criminalising marital rape in turn would
degrade family values in India. Forced sex by husbands upon wives does have
legal consequences in Indian matrimonial law, in that it can be treated as a
matrimonial fault, resulting in dissolution of the marriage. All religious personal laws
and the secular law governing marriage and divorce in India deem ‘cruelty’ by one
spouse to the other to be a ground for divorce. The originally enacted Hindu
marriage Act provided that in order to constitute a cause for divorce, an act of
cruelty should be such that it ‘produces a reasonable apprehension in the mind of
the petitioner that it will be harmful or injurious for the petitioner to live with the
other party.’ Marital rape also amounts to ‘sexual abuse’ under the law regarding
domestic violence enacted in 2005, under which aggrieved wives or female live-in
partners can claim civil remedies, like injunction against violence, dispossession
from home or direction to the husband/partner to pay maintenance. The law kicks
in to regulate sexual violence in marriage only in cases when it is accompanied by
extreme physical violence or when the health and safety of the wife is endangered,
as in the case of minor wives.

This exception has restricted application when the wife has been living separately
from the husband, with or without a decree of judicial separation. In such cases,
the husband can be prosecuted for rape. If convicted, the minimum punishment is
imprisonment for two years and imposition of a fine (Section 376B, IPC). This
clause was ratified in the year 1983, a period of great upheaval in the history of
rape law reform in India, when major changes were made for the first time since
enactment of rape laws by the colonial state in 1860. The parliamentary committee
that gave final shape to the 1983 amendments was disinclined to treating non-
consensual sex between a separated couple as amounting to rape, on the grounds
that a rape charge would heighten the possibilities of divorce by making
reconciliation that much harder for the couple. Hence, the minimum sentence
stipulated for this category of rape was set much lower than usual.

Until 2017, there was a discrepancy between two sub clauses of Section 375.
Exception 2 stated that “sexual intercourse by a man with his own wife, the wife not
being under fifteen years of age, is not rape.” However, the same provision stated
that a man is said to commit rape if he has sexual relations with a woman with or
without her consent, when she is under 18 years of age. Independent Thought, a
non-governmental organisation, in a petition in 2013, had challenged Exception 2.
In a landmark ruling on 11 October 2017, the supreme court upheld the age of
consent as 18 years. The court held that the distinction made between a married
girl child and an unmarried girl child was illogical and ran against the provisions of
the Protection of Children from Sexual Offences Act, 2012. Such a distinction also
violated a child's right to liberty and dignity under Article 21 of the Constitution. Two
other significant statutes undermined by the original IPC section were the
Prohibition of Child Marriage Act, 2006 and the Juvenile Justice Act, both of which
define a child as someone below the age of 18. Irrespective of her marital status,
sex with a minor girl will now attract a minimum rigorous imprisonment of ten years.

Education programmes
In February 2017, the Ministry of Health and Family Welfare unveiled resource
material relating to health issues to be used as a part of a nationwide adolescent
peer-education plan called Saathiya. Among other subjects, the material discusses
relationships and consent. The material states, "Yes, adolescents frequently fall in
love. They can feel attraction for a friend or any individual of the same or opposite
sex. It is normal to have special feelings for someone. It is important for
adolescents to understand that such relationships are based on mutual consent,
trust, transparency and respect. It is alright to talk about such feelings to the
person for whom you have them but always in a respectful manner. ... Boys should
understand that when a girl says 'no' it means no."
 CHAPTER- VIII
CONCLUSION

The law became more stringent after year 2013 but yet the brutal rape cases are
being reported. The few remarkable changes has been done by the legal
authorities and redefined the rape such as Firstly, in 2017 the Supreme Court
ruled that since the age of consent is eighteen, any sexual intercourse by a man
with his own wife aged between fifteen to eighteen years, Section 375 exception
not withstanding, is indeed rape. Secondly, the Section 375 exception still stands
for victims of marital rape above eighteen years unless the couple has legally
seperated. This is understandably one of the most contentious parts of the existing
legal framework. Despite popular support for outlawing marital rape, the
government in power at the time of writing has filed legal papers to prevent such a
change.

Thirdly, the law is gendered it assumes that rape crime is commited by a man
against a woman. As it stands this law fails to protect people who have been
sexually assaulted by members of the same sex. Sexual acts between members of
the same sex, forced or consensual, are charged as an offence under Section 377
of the Indian Penal Code. Fourthly, it is worth noting that Section 90 of the Indian
Penal Code, reproduced below, may invalidate consent given under misconception
of fact. This section seems to be the basis for a fair number of reported rape
crimes in which the accused is a person who allegedly obtained consent under the
pretext of marriage.

It started as a pilot project in 2013 in the aftermath of the highly publicized gang
rape and murder of a woman now known as “Nirbhaya” meaning “Fearless One.”
The details of the case — a young, aspirational medical student who was attacked
on the way home with a friend after watching a movie — struck a chord in India.
The death of Nirbhaya brought thousands of Indians to the streets to protest the
widespread culture of rape and violence against women in 2012. That year, gender
specialists ranked India the worst placeamong G-20 countries to be a woman,
worse even than Saudi Arabia where women have to live under the supervision of
a male guardian. The protests forced a national conversation about rape, a topic
which still carries huge stigma in India.

By comparing yearly % increase in incidences of crime against women in

Megacities and its corresponding domain state, it was evident that percentage
increase in crime rate was higher in mega cities than compared to their
corresponding domain state. From this analysis it is clear that crime against
women is happening more in mega cities. From the second analysis it was evident
that crime against women is increasing in megacities. There are two main
standpoints that propagate the benefits of megacities. One is that cities are
associated with opportunities for wealth generation. Concomitant to this is the idea
that urban women supposedly enjoy greater social, economic, political
opportunities and freedoms than their rural counterparts. Women in cities are more
independent than women in villages. The way a women uses a city is equal to way
in which men do. Despite provision of strong laws in the Indian constitution, Crime
against women in India is still on a very high rate. Over population combined with
poverty and lack of education is once of the important factors for increased crime
rate against women. Awareness should be created among people in order to
reduce the crime rate. Cities which are of more opportunities should be designed in
such a way, so that a women in a city travelling late at night can feel even more
safer.

Steps should be taken for the proper implementation of protective laws. It has been
seen that many poor and helpless women have to lived with the man responsible
for the committing the atrocities in them. They have no other option to go to other
place for shelter. This situation arises due to defective enforcement of protective
law. The procedural laws are weak and outdated.

Generally the accused either get the anticipatory bail or take the adjournment. This
results in delay of the decision in a case. Conferences, seminars and workshops
should be frequently organized police, lawyers, Judges, legislators and the
representatives of the women‘s organization should be invited there so that, they
all mutually exchanged their experience. Effective implementation of the laws
should be frankly discussed and their suggestion should be put forward so that
new law be passed and amendment could be made in existing laws to make them
more effective. Efforts to eliminate atrocities against the women have to be made
at all levels.

.
 CHAPTER - IX
SUGGESTIONS

As the rape cases are rising so we the entire society take the responsibility to stop
such incidents and make India a rape free India by taking the following preventive
measures.
Preventative Measures Against Rape
It happens on streets, in cars, in schools, in parks, and in alleys. The rapist has no
regard for age, race, or social status. Rape is not a selective crime. It is in most
cases, random. Personal safety, however, must begin with the individual. Help
protect yourself by taking the steps to protect yourself from sexual assault.
Safety at Home
o Replace or re-key locks when you move into a new home or apartment. Install a
door viewer and a 1-inch deadbolt lock and use them. Look before opening your
door to anyone.
o Keep doors locked at all times and instruct children never open your door to
anyone.
o Require all strangers to show identification. If you haven't called for a repairman,
don't let one inside. Leave him waiting outside and call his place of business to
verify his reason for being in your area.
Rape Risk Reduction
Rape is the fastest rising violent crime in America. What can we do to prevent this
crime from happening to you? Listed below are safety tips for you to follow that can
reduce your risk of assault and/or rape:
o Secure your car and home. Keep a large flashlight, a cell phone, a map of the city
you are in, and $5 to $10 with you when in a car. The flashlight can be used as a
light or weapon; the phone is to call for help; and the money is for car emergencies
only (e.g., new windshield wipers or gas). Always keep your doors and windows
 locked and evaluate the effectiveness of the locks. Never open your door to a
stranger and never tell them you are alone.
o Avoid unsafe situations and strangers. If you are being followed, go to the nearest
police or fire department, or any place where several people will be (convenience
stores, gas station, etc.) Walk in groups at night.
o Flee if you are in a potentially dangerous situation. Yell or scream to attract
attention. Carry a whistle that will make a loud noise.
o Engage in passive or active resistance. Passive resistance is to think and talk your
way out of a situation. Active resistance is to react immediately to startle your
attacker. Use any available item (hairspray, keys, purse, etc.) as a weapon.
o Think! Keep using your mind to think of alternative actions for escape.
o You are responsible for your own safety. Call your local police department or rape
crisis center and set up a schedule for a law enforcement officer to speak to your
employees or neighbors.
o Don't let a stranger inside your home to use the phone; make the call for him.
o Never admit that you or a neighbor are home alone.
o Women living alone should use only initials on mailboxes and in telephone listings.
o Leave outside lights on at night, and keep lights on in more than 1 room.
o If you receive an obscene phone call just hang up and don't react.
Safety Tips While Walking
o When possible, avoid walking alone. Walk with someone, or walk in areas where
other people are near.
o Stay in well-lighted areas, away from alleys, bushes, and entryways.
o Avoid shortcuts through parks, vacant lots, and other deserted places.
o Don't hitchhike or accept rides from strangers.
o If a driver stops to ask you directions, avoid getting near the car.
o If you are being followed, go to the nearest business or residence for help.
o If you are harassed by the occupants of a car, simply turn and walk the other
direction. The driver will have to turn around to follow you.
o Hold your purse close, not dangling, and avoid carrying extra money or valuables
on your person.
o When you return home, have your door key ready so that you can enter without
delay.
o Don't walk or jog at night wearing headphones. You need to be able to hear
someone driving up or walking up behind you.
Above all, be aware of the people around you. Be aware of your surroundings and
the total environment.
Safety Tips While Driving
o Never pick up hitchhikers.
o Keep car doors locked at all times. While walking to your car, look under car.
o Before entering your car, look into the back seat and on floor board.
o Always have your keys ready to unlock the car door and enter without delay. Never
walk across the parking lot digging in your purse for your keys; have them in your
hand before leaving the building.
o Make certain that you have enough gas to get where you are going and always
keep your vehicle in good running condition.
o If possible, travel on well lit, busy streets and avoid isolated back roads and short
cuts.
o If your are being followed, drive to the nearest open business for help, or drive to
the police or fire station.
o Never leave your house keys with your car keys at a service station or parking lot.
o Women driving alone should never stop to aid a stranger in a stalled vehicle.
Proceed to an open business, and report the stalled vehicle to the police.
o If you have trouble, raise the hood, and stay in your vehicle. When someone offers
assistance, roll the window down just enough to talk to them. Ask them to stop at
the first phone to call a relative, friend, garage, or the police for you. Never get into
a stranger's car.
 Safety Tips for Youth
o Children should be made aware of the dangers of accepting rides from or talking to
strangers.
o Children should be encouraged to talk with their parents if they ever have a
problem, not only with a stranger but also with a friend or relative.
o Children should know a safe, well-traveled route to take to and from school.
Isolated areas should be avoided.
o Teenage baby-sitters should not accept jobs with people they do not know, or who
have not been referred by people they know.
o Babysitters should call the police immediately if anything suspicious happens at the
house. They should never open the door for strangers.
o The sitter's parents should be called at the end of the evening to inform them that
the sitter will be home shortly.
o You may follow the advise and safety tips recommended and still find yourself
confronted by an attacker. If it happens, you will have only seconds to decide your
method of defense, so you must prepare mentally for the possibility of rape
happening to you.
Reporting a Rape
The police can only arrest a criminal if they are made aware of the offense. If you
are raped, call 911 or the Police Department at 414-351-9900 immediately. Do not
change clothes or take a bath or shower and do not eat, smoke, or chew gum. All
physical evidence, including seminal fluids, hair, blood types, and scrapings of
flesh form the victim's nails are used in court. Avoid using the bathroom prior to the
exam if possible.
Information Most Needed by the Police
o Car license plate, and the make, model, and color of the car
o Race of assailant
o Approximate age, weight, and height
o Hair color and length of hair
o Color of eyes
o Clothing
o Any unusual marks, scars, tattoos, rings, etc.
o Any facial hair or odors

Some other Measure to be taken

Using women-only economic self-help groups supported by the Women
Development Corporation of the Government of Bihar’s Department of Social
Welfare to empower women, change their inequitable attitudes about women’s and
men’s roles, and build women’s confidence to speak out against violence. The
groups offer training in financial literacy and livelihoods, and education about
women’s rights and challenging traditional gender norms. In some villages,
husbands of self-help group members participate in parallel sessions where they
learn about alcohol misuse, develop a more egalitarian concept of masculinity,
discuss their role in preventing violence against women, and commit to reducing
violence in their homes and communities. Self-help group members and their
husbands then implement programs to educate others at the community level.

Working with boys’ sports clubs to incorporate lessons about the rights of women
and girls into programs established through the Nehru Yuvak Kendra Sangathan
programme of the Indian government’s Ministry of Youth Affairs and Sports. The
curriculum works to transform inequitable attitudes about gender and gender-
based violence among adolescent boys and young men through life-skills
education and a cricket-coaching program.

Training elected local government representatives to work to reduce the incidence

of violence in communities and to become vocal opponents of violence against
women and girls and alcohol abuse.

Training health workers to look for signs of violence, ask screening questions of
women in the community who are pregnant or have children age 6 and younger,
and refer those who have experienced or are at risk of experiencing violence to
support services.

Assessing the perspectives and experiences of women seeking help from and the
providers at the government’s services for female victims of violence, including
helplines, crisis centers, and government-run shelters.

Indian Women, in partnership with the World Association of Girl Guides and Girl
Scouts (WAGGGS) has developed a global non-formal education curriculum to
engage young people in efforts to prevent and end violence against girls and
women.
A first of its kind, “Voices against Violence” is a co-educational curriculum designed
for various age groups ranging from 5 to 25 years. It provides young people with
tools and expertise to understand the root causes of violence in their communities,
to educate and involve their peers and communities to prevent such violence, and
to learn about where to access support if violence is experienced.
The curriculum includes a Handbook for peer educators that will help them deliver
age-appropriate sessions, as well as age-appropriate non-formal education
activities. The youngest groups may start out with storytelling and games that
prompt them to think about gender bias and stereotypes, while older age groups
can organize poster competitions, visit and volunteer with local shelters, or develop
local community-based campaigns and projects to address specific forms of
violence against girls and women.
Voices against Violence is a tool for young people around the world. It can be
adapted to national context, translated into local languages, and rolled out in
schools and communities in partnership with youth organizations, Indian partners
and governments.
Training workshops have already started. Ready to start your own “Voices against
Violence” journey? Download the handbook, sample activities, and how to deliver
the curriculum safely among your constituencies. Contact us via e-mail for more
information.

At a national level, Indian Women supports a range of prevention activities,

supporting research to get data on the attitudes, perceptions and behaviour of men
and boys as well as young people related to various forms of violence; supporting
advocacy, awareness-raising, community mobilization and educational
programmes, as well as legal and policy reforms.