Rape- Evil Eye On Daughters

Wednesday, June 14, 2017

This news comes from side Delhi Police commissioner who said that 96% Rape incident increase in Delhi.


Police Commissioner Amulaya Patnayak said that female matter not solve only by police instead different department collaborating in this matter.


According to Delhi Police Commissioner said that in between two year rape case increase in Delhi, in last year 2157 rape cases reported in Delhi, in these cases 4% people who are accused in rape unknown to victim, and 96% of are non people to victim like friends and relative of victim.


Police said that in these police cannot interfere in these cases, because these cases reported after the occurrence.


RAPE LAWS IN INDIA:


“The law of rape is not just a few sentences. It is a whole book, which has clearly demarcated chapters and cannot be read selectively. We cannot read the preamble and suddenly reach the last chapter and claim to have understood and applied it.” -Kiran Bedi Section 375, IPC defines rape as:

 

A man is said to commit “rape” that, except in the case hereinafter accepted, has sexual intercourse with a woman under circumstances falling under any of the six following descriptions:


First-Against her will.

 

Secondly: -without her consent.

 

Thirdly: – With her consent, when her consent has been obtained by putting her or any person in whom she is interested in fear of death or of hurt.

 

Fourthly: -With her consent, when the man knows that he is not her husband, and that her consent is given because she believes that he is another man to whom she is or believes herself to be lawfully married.

 

Fifthly: – With her consent, when, at the time of giving such consent, by reason of unsoundness of mind or intoxication or the administration by him personally or through another of any stupefying or unwholesome substance, she is unable to understand the nature and consequences of that to which she gives consent.

 

Sixthly: – With or without her consent, when she is under sixteen years of age.

 

Explanation: – Penetration is sufficient to constitute the sexual intercourse necessary to the offence of rape. Exception: -Sexual intercourse by a man with his wife, the wife not being under fifteen years of age, is not rape.

 

Section 376 prescribes the punishment for rape:


(1) Whoever, except in the cases provided for by sub-section


(2), commits rape shall be punished with imprisonment of either description for a term which shall not be less than seven years but which may be for life or for a term which may extend to ten years and shall also be liable to fine unless the woman raped is his own wife and is not under twelve years of age, in which cases, he shall be punished with imprisonment of either description for a term which may extend to two years or with fine or with both: Provided that the court may, for adequate and special reasons to be mentioned in the judgment, impose a sentence of imprisonment for a term of less than seven years.

 

 

(2) Whoever: – (a) being a police officer commits rape-
(i) Within the limits of the police station to which he is appointed; or (ii) In the premises of any station house whether or not situated in the police station to which he is appointed; or


(ii) (iii) On a woman is his custody or in the custody of a police officer subordinate to him; or (b) Being a public servant, takes advantage of his official position and commits rape on a woman is custody as such public servant or in the custody of a public servant subordinate to him; or (c) Being on the management or on the staff of a jail, remand home or other place of custody established by or under any law for the time being in force or of a woman’s or children’s institution takes advantage of his official position and commits rape on any inmate of such jail, remand home, place or institution; or (d) Being on the management or on the staff of a hospital, takes advantage of his official position and commits rape on a woman in that hospital; or (e) Commits rape on a woman knowing her to be pregnant; or (f) Commits rape when she is under twelve years of age; or (g) Commits gang rape, Shall be punished with 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.


(iii) Explanation 1- Where a woman is raped by one or more in a group of persons acting in furtherance of their common intention, each of the persons shall be deemed to have committed gang rape within the meaning of this sub-section.
(iv) Explanation 2-“Women’s or children’s institution “means an institution, whether called an orphanage of a home for neglected women or children or a widows’ home or by any other name, which is established and maintained for the reception and care of women or children.
(v) Explanation: 3. – “Hospital” means the precincts of the hospital and includes the precincts of any institution for the reception and treatment of persons during convalescence or of persons requiring medical attention or rehabilitation.

 

Above all these government approve many act it done many amendment in rape law to prevent women and children to this heinous crime like amendment in 2013 after the Nirbhaya case in Delhi 2012. After this case many change occur in Rape law which help in victim.

 

 

 

On 16 December 2012, a female physiotherapy intern was beaten and gang Rape in Delhi. She died from her injuries thirteen days later, despite receiving treatment in India and Singapore. The incident generated international coverage and was condemned by the United Nations Entity for Gender Equality and Empowerment of Women, who called on the Government of India and the Government of Delhi “to do everything in their power to take up radical reforms, ensure justice and reach out with robust public services to make to make women’s lives more safe and secure.


Six days after the incident, on 22 December 2012, the central government appointed a judicial committee headed by J.S. Verma former Chief Justice of the Supreme Court and other three member committee constitute. The committee recommends amendments to the Criminal Law so as to provide for quicker trial and enhanced punishment for criminals accused of committing sexual assault against women. The other members on the Committee were Justice Leila Seth, former Judge of the High Court and Gopal Subramanium, former Solicitor General of India.


The reported Committee submitted its report on January 23, 2013. It made recommendations on laws related to rape, sexual harassment, trafficking child sexual abuse, medical examination of victims, police, electoral and educational reforms…
Rape; the committee recommended that grading of sexual offences should be retained in the Indian Penal Code, 1860.


The Committee was of the view that rape and sexual assault are not merely crimes of passion but an expression of power. Rape should be retained as a separate offence and it should not be limited to penetration of a sexual nature should be included in the definition of rape.


Sexual assault: Currently, “assault or use of criminal force to a woman with the intent to outrage her modesty” is punishable under Section 354 of the IPC with 2 years imprisonment. Committee recommended that non-penetrative forms of sexual contact should be regarded as sexual assault. The offence of sexual assault should be defined so as include all forms of non-consensual non-penetrative touching of sexual nature. Use of criminal force to disrobe a woman should be punishable with 3 to 7 years of imprisonment.


Verbal Sexual Assault: At present, use of words or gestures to “insult a woman’s modesty” is punishable with 1 year of imprisonment or fine or both under Section 509 of the IPC.


Sexual Harassment: Some of the key recommendations make by the committee on the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressed) Bill, 2012 that is pending in parliament are provided below:


– Domestic workers should be included within the purview of the Bills.
– Under the Bill the complainant and the respondent are first required to attempt conciliation. This is contrary to The Supreme Court Judgment in Vishakha V. State of Rajasthan which aimed to secure a safe workplace to women.
– The employer should pay compensation to the woman who has suffered sexual harassment.
– The Bill requires the employer to institute an internal complaints committee to which complaints must be filed. Such an internal committee defeats the purpose of the Bill and instead , there should be an Employment Tribunal to receive and adjudicate all complaints.

 

Acid Attack: The committee opined that offence should not be clubbed under the provisions of grievous hurt which is punishable with 7 years imprisonment under the IPC. It noted that the offence was addressed in the Criminal Laws Amendment Bill,2012 which currently pending in parliament The Bill Prescribes punishment of imprisonment for 10 years or life. It recommended that the central and state government create a corpus to compensate victims of crimes against women.


Trafficking: The Committee noted that the Immoral Trafficking Prevention Act, 1956 did not define trafficking comprehensively sine it only criminalized trafficking for the purpose of prostitution. It recommended that the provisions of the IPC on Slavery be amended to criminalize trafficking by threat, force or inducement. It also recommended criminalizing employment of trafficked person.
Child Sexual Abuse: The Committee has recommended that the terms ‘harm ‘and ‘health’ is defined under the Juvenile Justice Act, 2000 to include mental and physical harm and health, respectively, of the Juvenile.
Punishment for Crimes against Women: The Committee rejected the proposal for chemical castration as it fails to treat the social foundations of rape. It opined that death penalty should not be awarded for the offence that death penalty should not be awarded for the offence of rape as there was considerable evidence that death penalty was not deterrence to serious crimes. It recommended life Imprisonment for rape.


Police reforms: The Committee has recommended certain steps to reform the police. These include establishment State Commissions to ensure that state government do not exercise influence on stat police. Such Commissions should beheaded by the Chief Minister or the Home Minister of the state. The Commission would lay down broad policy guidelines so that the Police act according to the law.

Reforms in management of cases related to crimes against women:


– A Rape Crisis Cell should be set up. The Cell should be immediately notified when an FIR in relation to sexual assault is made. The Cell must provide legal assistance to the victim.
– All police stations should have CCTVs at the entrance and in the questioning room.
– A complainant should be able to file FIRs online.
– Police officers should be duty bound to assist victims of sexual offences irrespective of the crime’s jurisdiction.
– Members of the public who help the victims should not be treated as wrong doers.
– The police should be trained to deal with sexual offences appropriately.
– Number of police personnel should be increased Community policing should be developed by providing training to volunteers.

 

Education Reforms: The committee has recommended that children’s experiences should not be gendered. It has recommended that sex education should be imparted to children. Adult literacy programs are necessary for gender empowerment.

 

 

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