Legal arms against Rape in India!

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Hello pretty souls !!!

There are thousands of articles flooding all over Internet, over how women are barricaded in this society and how we seem so helpless at times , well we deserve knowing our rights and our legal grounds which we have in the form of protection for us,

In Indian law prior to Nirbhaya Incident came into existence and after all the hype by our media this case received, our jurisdiction had to approach for a change in broader aspect, because no longer was this society in the state to stay quiet anymore, and for any country their wall of strength are their citizens, If we open our eyes then there are no forces in the universe that can stop us from getting what we want and deserve for the society, and being SOVEREIGN, SOCIALIST, SECULAR, DEMOCRATIC REPUBLIC society it would be outrageously injustice to stay quiet for any thing that goes wrong.

Legal grounds & arms !

Prior to the Nirbhaya Incident acts of just penile-vaginal intercourse was 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 are roaming free around us committing such crimes because there was no law to punish such offence in legal dairies of this country before 2013’s (Nirbhaya’s incident), after this shameful incident came into spotlight of this country’s jurisdictional eye, definition for rape got expanded over just penile- vaginal intercourse.

Its also been clarified that penetration means “penetration to any extend “ and lack of physical resistance is immaterial for any such offence to get constituted .
Except on certain exceptionally aggravated situation the punishment will be imprisonment not less than “7 years” to life time imprisonment and fine. For crucial rigorous cases minimum sentence for “10 years” till life time imprisonment and fine .Capital punishment is exercised for rarest of the rare case!
For instance, if the sexual assault inflicts an injury which leads to death or spot death , the victim to be in a persistent vegetative state, the the convicted rapist must be punished under rigorous imprisonment , shall be liable to pay fine as well as compensate victim which shall minimum cover her medical expenses and for the instance for when she is alive , she must be giving compensation in order to get her back to life, which is rehabilitation of victim.
The 2013 law also states that anyone irrespective of his age being 16 or 18 if commits such grievous act shall not be considered proving guilty according to his age for he was mature enough to commit such offence in first place and if not mature enough age ain’t any excuse to not consider such offence crime .And any sexual activity with anyone less than age of 18 irrespective of consent, now constitutes statutory rape!
Section 53A of Code of Criminal procedures of Indian law lays down certain provisions for medical examinations the accused. Section 164A of Code of Criminal Procedure deals with the medical examination of the victim. Revised statutes of 2013 Indian law, in Section 376A mandates minimum punishment to cases in such category.
The new law has made it mandatory for all government and private hospitals in India to give free first aid and treatment to victims of rape, as per Section 357B in Code of criminal procedures.

As a result of Nirbhaya (2012 Delhi gang rape), the Indian government has now implemented a fast tract court system to prosecute rape cases at the earliest !

RAPE under IPC

The Indian Penal Code section 375 address the crime of rape. The law defines rape in several ways: against the woman’s will or consent; obtaining her consent through threatening her or someone she cares for; making her believe the perpetrator is her legal husband; if she is unconscious or under the influence of any drugs or alcohol; or if she is under fourteen years of age. There is also an exception listed saying it’s not rape if it is a man and his legal wife as long as she is over the age of fifteen.
There is an exception in the penal code stemming from the Criminal Law (Amendment) Act, 2013 that dictates that sexual intercourse between a man and his wife is not rape as long as she is over the age of fifteen.
Section 376 of the Penal Code outlines the punishments for rape, most of which are fines and/or jail time up to 10 years. There are several potential cases that are in their own section and indicate a harsher sentence including a policeman, or public servant taking advantage of their positions; a manager of a jail, hospital or institution raping a woman in their custody; someone who commits rape against a pregnant woman or a girl younger than 12 years of age; or someone that commits gang rape.
Marital rape in India is not defined in the Indian Penal Code and thus not criminalised and is largely not viewed as rape by Indians due to the sacred nature of marriage in Indian culture”It is considered that the concept of marital rape, as understood internationally, cannot be suitably applied in the Indian context due to various factors, including level of education, illiteracy, poverty, myriad social customs and values, religious beliefs, mindset of the society to treat the marriage as a sacrament.

It’s sick to know the count, Rape is considered to be forth most crime against women in India. According to the National crimes records bureau 2013 annual report, 24,923 rape cases wee reported in India in the year 2012. Out of these (98%) of the cases were considered to be committed by victim’s known.

Child sexual abuse laws in India have been enacted as part of the nation’s child protection policies. The Parliament of India passed the ‘Protection of Children Against Sexual Offences Bill, 2011’ regarding child sexual abuse on May 22, 2012 into Act.The rules formulated by the government in accordance with the law have also been notified on the November 2012 and the law has become ready for implementation. Fifty three percent of children in India face some form of child sexual abuse. The need for stringent law has been felt many times.The 2012Act has been criticized as its provisions seem to criminalize consensual sexual intercourse between two people below the age of 18. The 2001 version of the Bill did not punish consensual sexual activity if one or both partners were above 16 years.

Number of rape cases have raised since 2015 , on an average there are *6* rape and *15 * molestations registered cases everyday according to Indian Express.

 

 

Rape protest
It ain’t just about pulling on streets with banners about how rape victim had to suffer,
and march with candles in our hands showing our protest against this act,
when the fact is you among many holding those candles and
banners does the same at your home , at the office or on streets when ever you find a candy for your eye and lust for your oh so flavoured sick mind!

 

I know how so many of you people respect women with all your heart you own, but this above message is for those rotten fruit (souls) which has a capability to damage all.

 

We want support of every men in this society to eradicate this social injustice from our society and lead by an example in front of world.

Thank you for reading my blog post, If you like this post and want to help awakening the society about their rights and legal arms against rape , if you watch any of of such abnormality in the society do raise your voice and do share this post among your circle, Because this would cost you nothing and gain people something (knowledge for instance and generate sense of security abide by judiciary too)

Also let me know about your views regarding this post in the comments down below, being law student its my duty to help society grow in every means and contributions possible, Let me know if you would like to see such social awareness posts in future or something more added to this,
Your suggestions are highly appreciated and welcomed !

 

Disclaimer : This blog is non sponsored, any Ad shown below has no relation either with this blog post or author.
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