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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 gang rape of a year-old student on a public bus , on 16 December , sparked large protests across the capital Delhi. 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.
In August , a 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 E of the Indian Penal Code.
Six men were arrested and charged with the crime by 1 April , and identified to be Bangladeshi Muslims. On 29 March , 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.
On 17 January , 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 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. 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 On 22 October , Pashtun militants invaded Baramulla in a Pakistan army truck, and raped women including European nuns. 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.
Militant organisations such as Hizb-ul-Mujahideen , Jamiat-ul-Mujahideen and Harkat ul-Ansar have been accused of carrying out rapes.
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.
Human rights groups allege that the Indian armed forces under the protection of the Armed Forces Special Powers Act, have carried out a large amount of rapes in the Nagaland , Assam and Manipur provinces.
There is wide discrepancy among reports of rape and sexual assault. In recent years, variety of rapes have taken place during the communal riots. During the post Godhra train burning , in the certain parts of Gujarat, rape was carried out by rioters. During the partition of India , some , women claimed to have been kidnapped and raped. In April , 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.
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. In , the 4 Rajputana Rifles unit are alleged to have entered the village of Kunan Poshpora and raped between 30 and women aged between 13 and In May 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. 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 , 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 year-old woman was gang-raped in front of her husband at the village.
The news coverage of the rapes and updated travel advisories have worried Indian tourism industry. In January , the Tourism Ministry of India introduced emergency helplines for female tourists. In a non-tourism related case, Russia issued travel advisory to its citizens after a Russian national was raped in December 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.
A large number of rapists would be let-off because there was no law to punish such acts. 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. The revised statutes of Indian law, in section A, 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. Death penalty for the most extreme rape cases is specified. The 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. The database contains entries of offenders convicted under charges of rape, gang rape, POCSO and eve teasing. The portal as of now contains 4. It's managed by the National Crime Records Bureau.
The database is accessible only to the law enforcement agencies for investigation and monitoring purpose. As a result of the Delhi gang rape case , the Indian government implemented a fast-track court system to rapidly prosecute rape cases.
The marital rape exception, that is exception 2 of section 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. 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 B, IPC.
Hence, the minimum sentence stipulated for this category of rape was set much lower than usual. Until , there was a discrepancy between two sub clauses of Section 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, and the Juvenile Justice Act, both of which define a child as someone below the age of In February , 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. From Wikipedia, the free encyclopedia. This is the latest accepted revision , reviewed on 4 January Child sexual abuse laws in India. Rape during the partition of India. Retrieved 1 February Crime and Crime Control: Overall, however, rape rates are still lower than most other countries.
The Fear that Stalks: Gender-based Violence in Public Spaces. Gender Disparity in India: Women and Violence in India: Gender, Oppression and the Politics of Neoliberalism. India, Pakistan, and Bangladesh. Retrieved 21 December The Gazette of India. Retrieved 27 October These 6 Indian cities have the highest rate of crimes against women".
Crime in the United States United States Department of Justice. Legal issues in mental health perspective". Indian Journal of Psychiatry. Archived from the original PDF on 28 September Retrieved 7 March Offences affecting the human body", in Gaur, K.
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