Context:
In response to a significant increase in rape crimes throughout India, there has been a renewed outcry for sweeping legal reforms and alterations in societal attitudes towards sexual violence. The public and advocacy groups are pushing for more severe penalties for perpetrators, including the possibility of the death penalty for rape. These demands are part of a broader call for urgent measures to foster a safer environment for women, urging immediate action to address both legal inadequacies and cultural norms that perpetuate sexual violence.
Relevance:
GS II: Polity and Governance
Dimensions of the Article:
- Legal Framework on Rape in India: Comprehensive Overview
- Sociocultural Factors Contributing to the Rise in Rape Cases in India
- Factors Affecting Low Rape Conviction Rates in India
- Persistent High Incidence
Legal Framework on Rape in India: Comprehensive Overview
- According to Bharatiya Nyaya Sanhita (BNS), 2023 rape is a non-consensual intercourse, detailing scenarios involving coercion, deception, or inability of the victim to consent due to age or incapacitation.
- Types of Rape:
- Aggravated Rape: Involves persons in positions of authority.
- Rape and Murder: Situations where the assault leads to the victim’s death or vegetative state.
- Gang Rape: Involves multiple perpetrators.
- Marital Rape: Non-consensual intercourse between spouses.
Legislative Measures:
- BNS, 2023: Updates and replaces the IPC, 1860, setting harsher penalties for severe offenses like gang rape of minors.
- Criminal Law (Amendment) Act, 2013 & 2018: Post-Nirbhaya case reforms, enhancing sentences, including capital punishment for certain cases.
- POCSO Act, 2012: Focuses on offenses against children including assault and exploitation.
Victim Rights and Protections:
- Right to Zero FIR: Enables immediate FIR registration at any police station.
- Free Medical Treatment: Mandated under the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023.
- Prohibition of Two-Finger Test: Ensuring examinations respect victim’s dignity.
- Timely and Respectful Investigation: Must be woman-led where possible, and conducted in a victim-sensitive manner.
- Right to Compensation: Outlined under Section 357A of the CrPC, with details provided by the National Legal Services Authority.
- Trial Conditions: Trials to be conducted with the utmost respect to victim privacy, potentially overseen by a female judge.
Sociocultural Factors Contributing to the Rise in Rape Cases in India
Societal Normalization of Sexual Violence:
- Cultural Context: In India, there’s a sociological climate where sexual violence is often normalized or dismissed, which leads to an escalation in rape incidents.
- Trivialization: Casual or humorous remarks about sexual violence often diminish the severity of the issue and perpetuate the cycle of violence.
- Victim Blaming: Prevailing cultural norms often blame victims based on their attire or behavior during judicial processes, with a significant percentage of judges subscribing to these views.
- Shaming and Silence: Victims frequently face shaming which prevents them from reporting incidents, thereby indirectly increasing the prevalence of unreported cases.
Contributing Factors:
- Alcohol Consumption: Recognized as a contributing factor, excessive alcohol consumption often correlates with an increase in aggressive and violent behaviors.
- Media Portrayal: Films and television in India sometimes depict women in a manner that objectifies them, which can reinforce harmful stereotypes and contribute to societal rape culture.
- Demographic Imbalances: A notable disparity in the gender ratio, as evidenced in the 2011 Census, shows a lower number of women compared to men, creating an environment where sexual violence rates are statistically higher.
- Law Enforcement Dynamics: With only a small fraction of the police force being female, female victims may feel less comfortable seeking help or reporting their cases, which impedes justice and support for survivors.
Broader Implications:
- Domestic Violence: The normalization of domestic violence reflects broader societal tolerance towards sexual violence, diminishing the likelihood of victims receiving proper support or achieving justice.
- Misplaced Accountability: Societal tendencies to blame women for engaging in “immoral” behaviors like drinking or staying out late further victimize the survivors rather than addressing the actions of the perpetrators.
- Systemic Issues: A common misconception is that women can prevent harassment by altering their behavior, which diverts focus from necessary systemic reforms to protect women effectively.
- Silence and Stigma: Victims often remain silent due to fear of social stigma and personal humiliation, which perpetuates the abuse cycle and protects offenders.
Factors Affecting Low Rape Conviction Rates in India
Persistent High Incidence:
- Reported Cases: Annually, reported rape cases have consistently exceeded 30,000 since 2012, with a slight decrease noted during the COVID-19 pandemic in 2020.
- Conviction Rates: From 2018 to 2022, conviction rates fluctuated between 27%-28%, despite legislative efforts to impose stricter laws.
Systemic Issues in Law Enforcement:
- Corruption and Misconduct: Legal and law enforcement corruption can lead to mismanagement of cases, impacting the outcome of rape trials.
- Reporting Challenges: Fear of retaliation, distrust in the system, and societal stigma often deter victims from reporting assaults.
- Inconsistent Law Enforcement: Flaws in the application of laws, like the Bharatiya Nyaya Sanhita (BNS), 2023, lead to inadequate handling of sexual crimes, particularly against men and transgender individuals.
- Non-criminalization of Marital Rape: Perpetuates a rape culture by ignoring consent within marriage under traditional views of marital sanctity.
Judicial Inefficiencies:
- Evidence Issues: Poor evidence collection and inadequate investigations often weaken cases, hindering successful prosecution.
- Support Systems: Lack of psychological, legal, and medical support for survivors impacts their capability to pursue justice effectively.
- Judicial Delays: Overwhelmed courts and prolonged legal processes delay justice, diluting the potency of evidence and testimonies.
- Notable Cases: High-profile cases like the Nirbhaya case, despite being expedited, took over seven years to conclude, highlighting systemic inefficiencies.
Societal Barriers:
- Victim Blaming: Cultural tendencies to blame victims discourage them from engaging with the justice system.
- Withdrawal from Legal Processes: Survivors often withdraw from the process due to the fear of societal rejection and enduring stigma.
-Source: Indian Express
