A Curse on Humanity- "RAPE"

 Criminal Law Amendment Act 2013

(Also known as Nirbhaya act)
 has been one of the most concrete steps taken by the Indian government to curb violence against women. The Act is deemed to be one of the most important changes that have been made in the existing criminal laws namely the Indian Penal Code, The Code of Criminal Procedure and The Indian Evidence Act.
This new Act has expressly recognised certain acts as offences which were dealt under related laws. Offences like, acid attack, sexual harassment, voyeurism, stalking have been incorporated into the IPC.

On 172nd report of the Law Commission to amend the laws relating to sexual assault in Indian Penal Code -

Substitution of new sections i.e.,
Sections 375,376,376A, 376B, 376C, 376D, 376 E, 509, of the IPC.
375- rape
(not only rape directly but any kind of sexual assault done towards woman by one or the other means)
376- punishment for rape
376-A- punishment for causing death or resulting in persistent vegetative state of victim
376-B- sexual intercourse by husband upon his wife during separation
376-C- sexual intercourse by a person in authority
376-D- gang rape
376-E- punishment for repeat offenders
509- word, gesture or act intended to insult the modesty of a woman.

And the relevant sections of the The Code of Criminal Procedure,1973 and the Indian Evidence Act 1872.
Amendment brought forth many changes in rape laws, especially related to detailed procedure of medical examination of victim and accused both by inserting new sections:
In The Code Of Criminal Procedure-
164-A- medical examination of victim of rape.
53-A (a) 'examination' include- blood sample, injury marks, blood stains, semen and swab test in sexual offence cases sweat, hair, nail clippings, DNA. Using modern, scientific techniques.

Note- (All sub sections have also been amended to keep the law stiff and to make justice better.)

The NIRBHAYA CASE shook the nation's consciousness like never before, and prompted policymakers to make amendments to criminal law.
The measure was meant to rule out the ambiguity that existed in the earlier law and created room for stringent punishment in rape and sexual assault cases.
Like, death penalty, life imprisonment.
Also included amendment in,
'The Protection Of Children From Sexual Offences (POCSO) Act' 2012,
to allow death penalty for rape of children below 12 years of age.

Fast track Courts

Government to set up 1023 fast track courts for rape, POCSO cases.
Currently, there are only 664 fast track courts operational in the country.
There are over 90,000 pending cases of sexual crimes against children
Government is planning to set up 1023 fast track courts for sexual offences against women and children.
The move comes six years after the implementation of Protection of Children from Sexual Offences (POCSO) Act in November 2012, which mandates establishment of one such court in each district.

National Commission for Women (NCW)
statutory body of the Government of India, generally concerned with advising the government on all policy matters affecting women.
Protecting women rights, improving status of women and look after women's economic development. Every state and UT's have their State Commission for Women, works at state level.

Crime Rate - at a glance

According to National Crime Record Bureau , in 2019
India recorded an average of 87 rape cases daily and overall 4,05,861 cases of crime against women during the year, a rise of over 7% from 2018, (as per government data released on September 29, 2020).
And, (3,78,236) cases of crimes against women in 2018, recorded data compiled by the National Crime Records Bureau (NCRB).
In 2018, 33,356 rapes were recorded across the country, up from 32,559 in 2017, according to the data from corresponding years.
Crimes against children have gone up by 4.5% in 2019. A total of 1.48 lakh cases of crime against children were registered in 2019. Of these, about 46.6% were cases of kidnapping and 35.3% cases were related to sexual offences.
Up state, after delhi, is now new capital of crime against women.

Whether it is private sector or public sector, business or private work, women are not untouched by some or the other form of abuse.
Many cases are not even registered in the sake of saving honour and name of victim's family. Political pressure is also put on the case if a person with a big status is involved in the crime.

In this corona times also, we are listening about cases of sexual assault against women, either with quarantined patients or in secluded places during lockdown. It seems like there is no end to it.

Some Notable, Brutal cases of rape and murder -
• November 1973, nurse from mumbai
• New delhi 1978, ranga-billa
• May 1990, bantala
• Kunan Poshspora incident was an alleged mass-rape occurred on February 23, 1991 
• 1992, case of Serial Gang Rape & Blackmailing, ajmer rajasthan
• Nithari case, noida 2005-06
• 14 March 2015, a 71-year-old nun gang-raped, Ranaghat
• March 2016, Delta Meghwal  Nokha, Bikaner, rajasthan
• 16 December 2012, Nirbhaya
• November 2019,Hyderabad
• January 2018, kathua
• June 2017, Unnao
• August 2013, shakti mills
• June 2013, kamduni near west bengal
• May 2014, Badaun UP
• September 2020, hathras
And, many more.

Rape.. an act of outraging woman's modesty. Using any kind of force, ferocity or misusing powers upon her. Sexually assaulting or sexually abusing a woman. Without her consent, against her will and after her protest.
Most heinous, ghoulish act towards woman.
The word 'rape' itself bring tears of pain, to soul. No one can truly understand the suffering of the victim of this crime.
Physically, mentally, psychologically sieve the soul of the victim.

The sad thing is that such cases have nothing to do with age.
Neither the age of the offender nor the age of the victim. From few months old girl child to a middle or old aged women, anyone can be victim of this.

Aftermath
Rallies against the happened crime, cursing government, candle marches, burning posters, damaging public property, tweets expressing sorrow. Hostile or meek protests.

The victim can complain against the crime, police cannot refuse to Lodge FIR of complainant, and if , then police will be prosecuted. Statement of the victim will be considered correct until the truth is fully known. Privacy of victim and family is taken care of by the police, also of the culprit.
Police attempts to keep the media out of the case Because the media nowadays is more in blowing rumour rather than helping the truth to come up. Ignites anger in public towards police.
But  in other hand, media plays a vital role in drawing government and people's attention towards case. Sometimes insensitive too.
Interference of media helps victims family to register FIR, of crime within time, if not registered by the police.

All male race cannot be held responsible,
for the act of some perpetrators. Blaming any particular caste or government are not the solution.

● Who are the culprits how can they do such heinous activity?
Made of flesh and bones same like us but are of distorted mentality, hidebounded, venomous intentions.
A rapist has no regard for age, race, or social status. Rape is not a selective crime. In most cases, it's random crime.
Also seen, most of the culprits are known to the victims. 

Motive of criminals (rapists)

Motives behind rape vary. Studies show that rapists only have some common characteristics:-
- toxic masculinity
- a lack of empathy
- narcissism
- feelings of hostility, towards women.
In most cases, it is seen that criminals commit crimes to take advantage of the opportunity.
And no other behavioural, psychological or any other mental disorders found in them. Psychopath criminals are in some exception cases.

What instigates such culprits?

• Attire- NO.. NOT AT ALL. It's just a counterattack accusation, so that half of the blame of crime should focus on woman - the victim. This manoeuvre always works, in drawing people's attention from main problem i.e.; women's safety.
• Showbiz - Film and TV industry, advertisements leave a deep impact in our daily lives and the things shown in it, which we want to adopt in our real life. Adult or non-observable items should not be broadcasted.
• Watching adult/ objectionable materials, easy availability of obscene materials by one click, induce wrongly. Focus on the other side of the coin that there will be other people also who watch things like this, then why do some people have only distortions in their minds? Because upbringing of such people is bad, their circle, and locality they live and people among whom they sit up is bad.
• Intoxication - Intoxication speaks to every human's head . Drunk person gets worse than animal. A non drinker suffers worse, than a drinker, unnecessarily.
• Upbringing in Patriarchial Society - We have always grown up in a patriarchal society. Unwillingly, We are all affected, influenced by it. Women's are always kept under patronage of males of the family, which becomes domination than conservation. Such upbringing made people think, woman as object of consumption and repression.
• Education - Though the importance of education is fact, but this crime has nothing to do with being educated because educated people are also found to be involved in such crime.
• Law and Order - Relaxation in law and order, not registrating complain, haunting victim in sake of society and family respect.

Modus operandi of criminals

Earlier criminals used to leave the victim after the crime, but now criminals repeatedly attack the victim. Keep the victim in captivity, make obscene video, Intimidating victim is common in the name of making the video viral, death threats.
Breaking the victim's limbs and unnatural act towards her body, slitting throat and body or burning alive. Actually they can do anything to eradicate evidence and cross every limit of humanity and brutality.

Survival of the victim

Sad result of the happened crime. It is a traumatic experience that impacts the victim in a physical, psychological, and sociological way, though the effects and aftermath of rape differentiate among victims, individuals tend to suffer from various similar or different issues.

Physical trauma
It is not easy to forget that bad touch, it is almost impossible to separate victim from grip of that claw.

Psychological trauma
Thinking bad about self, suicide attempts are common, self- blaming, anxiety and panic attacks, fear of getting attacked by such criminals again.

Sociological trauma
Blaming Victim for crime happened to her, degrade the victim, insulting her as if she had invited the criminals.

"Treat them like before. Government should take special care of such victims who escaped death after the crime, arrange proper counselling for them to make their mental state normal. Involve NGOS for betterment of future of the survived one.
Support from friends and family means alot in tough phases, to pull oneself out of a trauma."

Risk reduction against rape

Stiff enforcement of law,
Strict adherence to law and punishment.
'Fear of the law and punishment is most important in prevention of such heinous crimes in future upto an extent'.

For Girls/Woman

It's high time, know your rights, stand for yourself, your rights. And for others too.
• Be alert whenever you smell something fishy . Avoid unsafe situations, desolated routes and strangers.
• Learning self defense is common today yet helpful, be independent, self sufficient to protect yourself. Because it's stupid to believe on every helping hand.
• If traveling alone, make sure that your vehicle is always serviced, and full of fuel. Avoid hitchhiker, hitchhiking both.
• If using private cabs, send the car's model, color and number. Also, driver's name, description and mobile number to your family or mates. Continually update about your route information on the phone.
• Don't always travel with same way, change your path after some time. Track people coming your route. If someone happens to be there everyday, for no reason, then pay attention to it.
• There should be immediate action on the cases of stalking and eve-teasing. Get help by informing the nearest police station or women's helpline.
(Bitter fact-But we cannot expect a girl child of a few months or years or a middle or old aged woman., To protect herself using self defense techniques. Also its not possible for all to learn these techniques easily.)

For parents/guardians

• Be highly sensitive, overprotective towards your kids, as they are unable to protect themselves against such crimes, ask about their friends, school, their day at school, listen to them carefully.
• Aware children of the dangers of accepting rides or food from or talking to strangers.
• Encourage children to talk to you if they ever have a problem, not only with a stranger but also with a friend or relative.
• Ask your children to avoid isolated, long route to school, coaching etc. Keep an eye on the way of route, your children cross and check the locality of the route.
• Also, teach kids to don't believe upon news like parent's accident or any mishappenning towards parents or family .
• Take extra care towards safety of your teenage children.
• Without police verification, don't hire any unknown person for your child's safety. Like, governess or drivers, servant. Should call the police immediately if anything suspicious happens at the house. They should never open the door for strangers. 

For Boys/man

• Be sensitive toward women, be aware of the safety of any woman you come in contact with.
• It's not possible to make everyone sister, but give every woman the same safe environment as you wish for your sister and for women of your family.

▪︎Listen to advises and recommended safety tips and if anytime it happens, with you or someone you know then remember, you must prepare yourself mentally for the possibility of any mishappening to you, because you will have only some seconds to decide your method of defense.
I pray, that never ever any girl/woman get stuck in such a situation. But...
Ever think of what to do if you are accidentally caught in such situations?

CONCLUSION-

'The law should be dominated, whether or not such cases come to light.
The fear of punishment should be such that nobody should even imagine of such a disgusting act.'

Girl education is important but it is more important to protect girls from crime, provide protection to women in both public and private sector. In home and road, in crowded and deserted place.
Safety of women matters first, every woman will feel empowered in herself then.
We are in need of a Crime Free, Rape Free India.
In which every woman always feel safe to go anywhere, anytime.

The day when there will be no rape case, Only then we will get to see the desired picture of India as we want.

"Introduce yourself as a human being always, never be involve in any such crime, don't even support any person involved in such cases."

Last but not the least,
"Trust law and order.
Trust the Judiciary".

PRAGYA  SHARMA

pragyawritingloudly.blogspot.com

Reference-
• Criminal Law Amendment Act, 2013 - The code of criminal procedure. 

By- Dr. N.V. Paranjape.
• Indian Penal Code - Prof. N.V. Paranjape.

. Fast track court- indiatoday .in

. crime rate at a glance- google