Woman and Criminal Law Project - 212050

THE W.B. NATIONAL UNIVERSITY OF JURIDICAL SCIENCES, KOLKATA

This Term Paper/Assignment/Project has been submitted by

Mr. Deepak Kumar Verma ID No.: 212050

“Rape epidemic' in India: It's high time to wake up now”

On

Woman and Criminal Law

During the Monsoon Semester 2014

1. Introduction:

In ancient India women were given high respect in the society as mentioned in Rigveda and other religious scriptures. But due to changes in our political, social and economical perspectives their status also degraded. The evil traditions and customs prevalent in our society are one of the reasons which promote the crimes against them. 1 Currently the situation of woman in contemporary India has been very problematic and worrisome. The rates of offences against woman are increasing day by day. The problem of sexual harassment, molestation, eve teasing, kidnapping, abduction, stalking, gender inequality, cruelty etc. and the worst amongst them is ‘rape’. Nowadays these crimes are prevalent in our society and as a result school girls, working women, housewives, children afraid to go outside the home. Even the mind set of people has been so corrupted that the value of a relationship is no longer existed. The reason behind these acts is the society that we have created and the factors like sex myths, hesitation associated with this topic, modern life style and lenient laws related to it. Current situation of rise in the rape crimes throughout the nation, it has once opened the eyes of Social media, Non-government Organization, Politician, Civil servants etc. Every day the brutality of the offences are being repeated and reported in the media despite the fact that criminal laws related to women has been amended in 2013, and people has awaken now, then also what is that which is still not able to stop the crimes against the women. It has become a disease which is spreading continuously day by day and took the shape of epidemic. So, in this project/essay the author would discuss and try to throw lights upon the crucial issues such as rape and allied offences against women and what needs to be done in order to reduce the rate of these offences and to make the whole society a morally, culturally, peaceful one. Later on, the author would also discuss the Justice Verma Committee’s report, the Criminal Law (Amendment Act), 2013 and need for reforms in Juvenile Justice System.

1Aruna Goel: Violence and Protective Measures for Women Development and Empowerment, New Delhi, Deep & Deep Publications, 2004, pp. 3-4

2. Rape - Crime against women and Law reforms

A) Rape definition: ‘Rape’, is a word which is defined as the “The crime, typically committed by a man, of forcing another person to have sexual intercourse with the offender against their will” 2, Rape has been defined as a punishable offence under Indian Penal Code, 18603. Under section 375 of IPC Rape has been defined as“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:4 If he does an sexual act which is against her will and without her consent, it would amount to rape. Under IPC provision mere a penetration would amount to ‘rape’, i.e. even penis just touches the vagina, it would amount to penetration. If he has sexual intercourse with her by putting her into the fear of death or hurt to her life; has sexual intercourse with consent when the man believes that he is not the true husband of her and the consent given by her is in wrong pretext of marriage.5 Enrapture hymen of woman does not prove that rape was not committed. If he has sexual intercourse with a women when she is under the influence of unsound mind, intoxication. He has intercourse with or without consent when she is under the age of 16 th. There is exception to it if a husband has intercourse with his wife who is above 15th year old.6

2 Oxford Dictionary Meaning of ‘Rape’: http://www.oxforddictionaries.com/definition/english/rape 3 Hereinafter Indian Penal Code be read as IPC 4 Section 375 of Indian Penal Code,1860 5 Ibid 6 Ibd

A Rape victim lives her whole life with a social stigma and mental trauma after being raped. The physical and mental pain left her in traumatized. The stereotype society that we have, do not accept her as a member of the society after the rape incident and she deserted and ostracized.

B) Delhi Gang Rape incident of 16th December 2012

The country witnessed a barbaric incident of rape on 16 th December, 2012 in National capital New Delhi. National as well as International media highlighted the story of gang rape of a 23 year old medical student who were going to her home after watching a movie in the night, she was gang-raped in a moving bus even when she was with her male friend who was also badly beaten by the gang of 4 people. 7 The whole nation rose in uproar of this incident. Youth and old come forward to protest on the roads, streets, and at India Gate to demand justice for her and a more secure and safe environment for women in India. This incident infamously known as ‘Damini Rape case’ and ‘Nirbhaya case’. Unfortunately the victim of this incident couldn’t be saved. And she died during treatment in a Singapore hospital.8 The Government of India also took immediate action by forming the Justice Verma committee to provide necessary suggestion for reformation of the criminal laws of the India so that crimes against women can be reduced. In this case the most alarming fact was that two culprits amongst them were the minor. So here the main question rises is, what should be the punishment for the minors if he has committed a heinous crime? Is there really a need to reform the Juvenile Justice System? This incident awakens the each and everyone due to the illicit treatment against women the country witnessing for a long time.

7“Shock and outrage over India Delhi bus gang rape”: http://www.bbc.com/news/world-asia-india-20765320 8 “Delhi gang rape victim dies in Singapore hospital”: http://www.globalpost.com/dispatch/news/regions/asia-pacific/india/121228/delhigang-rape-victim-dies-singapore-hospital

The main problem with Indian laws is that neither they serve the purpose of laws completely nor differentiate between the major and minor rape. Radha Kumar described Rape in the India as the most common crime against women. Rape culture encouraged from the social norms, traditions, immoral life style, practices that society tolerate and even don’t pay heed to them.9 Crimes against women rises because of either society do not take them seriously or laws are not competent enough to prosecute the culprit due to immunity and misuse of political, economical power influences. Therefore seeing the increment in the rape incident now days the present laws pertaining to sexual offences do not serve the intended purpose, so need for a new law felt by the law maker and civil societies.

Mohan Bhagwat, Sarsanghachalak, Chief of the Hindu-nationalist Rashtriya Swayamsevak Sangh (RSS) observed that: “Where Bharat becomes India with the influence of western culture, these types of incidents happen. The actual Indian values and culture should be established at every stratum of society where women are treated as mother”10 In this context, he basically described this incident in two ways, firstly practical claims; he meant to say that Rape incident frequency in high in urban areas than rural areas. And secondly sociological claims; that cultures best explains that these incident is directly affected by which type of culture one society have. The second claims that cultures are responsible for such crime and western life style displaces the moral values and simplicity of rural, which needs a political debate over this topic. This both phenomena need to be seriously scrutinized. The times of India started a campaign that claims that rape in India mostly prevalent in the rural areas. It seems that these reports were based upon the no. of conviction held in rape cases reported in criminal law

9 Kumar, Radha (1993): The History of Doing: An Account of Women's Rights and Feminism in India. Zubaan. p. 128 10“Bhagwat says rapes occur in urban India, not rural Bharat; BJP defends him, : http://archive.indianexpress.com/news/bhagwat-says-rapes-occur-in-urban-indianot-rural-bharat--bjp-defends-him/1054851/

journal of different H.C. and Apex Court.11 According to National Crime Record Bureau repoted that rape mostly happened in the mega cities. In Sakshi v Union of India,12 where Apex Court first time realized the inadequacy of the laws to deal with rape crime, had advised to the legislature to amend the criminal law. The author feels the in the present time of globalization and modernization the rate of offences against women increasing rapidly. Recently the showcase of incidence of brutal rape on the mass media day after day again sparked the debate throughout the Country. In Uttar Pradesh State, where two sister were ‘gang-raped’, killed by strangled and hanged from a tree. 13 After this incident again the whole country shocked despite the fact of amendment in the criminal laws. Where the punishment were raised which awards capital punishment to the culprit in the rarest-of-rare crime. And further another incident took place where a B.S.P. MLA’s son alleged by a minor girl of gang raped her.14 If the law maker become the law breaker then what will the fate of the nation’s integrity, security, future. If any relatives or friend of some politician are accused of rape then the either the case will be not registered in the Police station due to the threat to the police officer by the politician and other higher official and if the victim try to report the FIR (First Information Report), she would be threatened to take back the FIR if she wants to save her and dear and near one’s life. So many times incident do not reported due to the uneducated and social stigma that what if society gets to know about the victim. The rest of her life would be very

1125 years' court data proves RSS chief wrong; 75% of rape convicts from 'Bharat': http://timesofindia.indiatimes.com/india/25-years-court-data-proves-RSS-chiefwrong-75-of-rape-convicts-from-Bharat/articleshow/17895592.cms 12Sakshi v Union of India, AIR 2004 SC 3566, 2004 (2) ALD Cri 504 13Two Indian sisters 'gang-raped', killed and hanged from a tree : http://www.theguardian.com/world/2014/may/29/indian-sisters-gang-raped-hangedtree 1417-yr-old girl gang-raped by BSP MLA's son, two others: http://timesofindia.indiatimes.com/city/lucknow/17-yr-old-girl-gang-raped-by-BSPMLAs-son-two-others/articleshow/17169237.cms

tortured and traumatized by the stereotype society member. In another shocking incident where a gym instructor raped a six year old girl.15 Therefore the conditions of women and girls have been very serious and poor, where women are being considered as a sex object only. In protecting the women rights and empower them and to eradicate the stereotype thinking about them the social media like YouTube, theatre plays, movies, documentary play a very crucial role apart from the criminal laws. Now, we’ll discuss the Justice Verma Committee reports after which came after the 16 th December 2012 incident. The suggestion and changes regarding the criminal laws are as followed.

3) Justice Verma Committee’s Report

A) Punishment for rape: The reports do not suggest capital punishment for rapists. It suggests punishment should be rigorous imprisonment i.e. seven year to life. It recommends that punishment for causing death or a "persistent vegetative state" should be RI for a term not be less than 20 years, which may extends to life also. Gang-raped followed by death. B) Registration of complaints and medical examination: Each report must be registered by the police and NGO. The protocol based professional C) Marriages to be registered: The report recommends all marriages in India (irrespective of the personal laws under which such marriages are solemnized) should mandatorily be registered in the presence of a magistrate. 15“2 gym instructors held for 6-year-old's alleged gang rape in Bangalore” : http://timesofindia.indiatimes.com/city/bangalore/2-gym-instructors-held-for-6-yearolds-alleged-gang-rape-in-Bangalore/articleshow/39245614.cms

4) Conclusion

In conclusion it can be said that the women’s condition and status still has not been up that ought to be. India still lives in the patriarchal society where male member considered being stronger than women in any field. Crimes against women needs to be deal with seriousness, otherwise the dream of India become the super power and developed nation would not be completed. Hence only laws would not serve the purpose. Parents should teach their wards moral knowledge; make them aware about the sexuality. So, at the time of any adversity they could share their feelings, problems with the right person, at right time. If good awareness created among the children, then they can be saved from any future abused. There is a need to change in the society.

5) Bibliography

1. Aruna Goel: Violence and Protective Measures for Women Development and Empowerment, New Delhi, Deep & Deep Publications, 2004, pp. 3 2. Oxford Dictionary Meaning of ‘Rape’: http://www.oxforddictionaries.com/definition/english/rape 3. Relevant section in Indian Penal Code related to rape 4. “Shock and outrage over India Delhi bus gang rape”: http://www.bbc.com/news/world-asiaindia-20765320 5. Kumar, Radha (1993): The History of Doing: An Account of Women's Rights and Feminism in India. Zubaan. p. 128

6. “Bhagwat says rapes occur in urban India, not rural Bharat; BJP defends him, : http://archive.indianexpress.com/news/bhagwat-says-rapes-occur-in-urban-india-not-ruralbharat--bjp-defends-him/1054851/ 7. Justice Verma Committee report’s recommendation