Afterwards the other two accused also committed rape on her. Severe and certain punishment in a time bound manner, of the rapists has some deterrent value. Later the accused, a constable, brought the victim back to the lodge and committed rape on her. She made a complaint and he was held guilty of rape because prosecutrix married accused without knowledge of his first marriage. So, in the end the researcher would like to give only one suggestion i. Also published as a book: Asia Watch Committee U.
Of the countries studied by on sex trafficking and crime against minors, India was ranked 7th worst. When they were about to leave the police station, Mathura was kept back at the police station in the late hours of the night by one of the constables, Ganpat, who was on duty. The fast-track court system has been welcomed by some, but their fairness questioned by legal experts and scholars. Consent is defined as clear, voluntary communication that the woman gives for a certain sex act. Chandrima Das , a practicing Advocate of the Calcutta High Court filed a petition under Article. The case was being heard in a Delhi Court and it involved a man having sexual intercourse with his neighbour. Contrary to the popular belief rape is almost never perpetrated for sexual gratification.
Whether statutory provisions are needed for compensation to the rape victim 7. In 1987 and 1991 number of cases reported were7767 and 9793 respectively. Then the first accused committed rape on her. She did not at first resist , believing the man to be her husband. The definition is not gender- neutral in the context that it does not recognize male rape at all. These anomalies have always provided the culprits with a way out , this was made painfully evident in the case of Tukaram v.
The present provisions made in section 375 are pretty comprehensive and provide adequate recourse to the victim , but only when they are properly interpreted by the courts , in the spirit in which they are intended. At Hubli they stayed at a lodge where the girl complained that the boy did something to her by force which he ought not to have done. Latest Judgments Kaini Rajan vs. Sexual Assault: Sexual assault means — a The introduction to any extent by a man of his penis, into the vagina which term shall include the labia majora , the anus or urethra or mouth of any woman or child— b the introduction to any extent by a man of an object or a part of the body other than the penis into the vagina which term shall include the labia majora or anus or urethra of a woman c the introduction to any extent by a person of an object or a part of the body other than the penis into the vagina which term shall include the labia majora or anus or urethra of a child. The consent for cohabitation was given under the belief that the accused was her husband.
The law is one sided and has a blind eye towards the other part of the story. Edited by Amoolya Khurana Times of India Kolkata 2013 May 19; 1 Col. The change was supported by external partners such as the National Sheriffs Association, National Association of Police Organizations, International Association of Chiefs of Police, Major City Chiefs, Major County Sheriffs, and the Police Executive Research Forum. A criticised judgment of the Supreme Court in this regard was Tukaram v. What is the punishment for an act of voyeurism? In May 2014 , though later investigations have alleged suicide as the cause of death in this instance. Section 376 subsection 2 a-g of Indian Penal Code 1. Such representation would only vitiate the consent.
The Bill received Presidential assent on 2 April 2013 and came into force from 3 April 2013. Lengthy prison sentences have some behavior-altering deterrent values. Thirteen rape and assault cases were reported during the. Rape in India is a cognizable offence. However, it also not true that all cases of sexual harassment are such- where the accused is guilty of conceiving the intention of a sexual intercourse. There are exceptions to it also i. Justice Krishna Iyer in the case of Rafiq v.
In instances where women have reported such illegal and unwelcome behavior, there have been significant victories in the past decade or so. The Judiciary in India is burdened with a lot of work and therefore judgment of the rape cases comes very late. Union Territory of Chandigarh , the complainant Manjit Kaur married the accused Bhupinder Singh, who she had met through work, in 1990 and started cohabiting with him in Chandigarh. This was a very unwelcome decision and there was an agitation which was taken up by various womens organizations and scholars , legal and non legal. The police caught up with them in a lodge and took them to the police station. The amendment has also brought about changes in other segments of the provision like consent, age and also in other criminal legislation. The concept of marital rape does not exist in India.
Sexual harassment is nothing less than the showcasing of male dominance. Punishment 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. Hanufa Khatoon - a Bangladesh national- who was raped at the Howrah Station, by the railway security men. We campaign and create awareness about gross injustices and abuse that happen in Indian Legal system. Even if there were mutual consent, if the consent is based on a false pretext made by the man then the consent would stand as null and void and the intercourse be termed as rape. This meant that the statistics that were reported nationally were both inaccurate and undercounted. Without Her Consent The second clause in section 375 deals with the scenario when sexual intercourse is termed to be rape because it is without the consent of the woman.
One of these is :- Shamsher Tappi v. The subsequent rape cases especially the Nirbhaya case sent chill down the spine. The incident made national news when charges were filed against eight men in April 2018. This does not mean that rape has increased, but simply that it is more accurately reported. Whereupon all these persons along with Mathura were brought to police station. In a victory for survivors of rape and their advocates, the Attorney General announced a newly revised definition of rape for nationwide data collection, ensuring that rape will be more accurately reported nationwide. It is normal to have special feelings for someone.
The Judiciary in India is burdened with a lot of work and therefore judgment of the rape cases comes very late. A few cases can be discussed for better understanding:- In the case of Queen v. The respondent completely stripped off himself and also removed the victims clothes , and asked her to fellatio. The fact that the new recommendations added that any penetration would be considered as rape was the most efficient tool in widening the ambit of the term rape which was being demanded earlier on the basis of the recommendations of the fifth law commission report. The age of consent was raised from 16 to 18 by the Criminal Law Amendment Act of 2013. It has seen a massive jump from 2,487 in 1997 to 24,206 in 2011 which is an increase of 873%.