SAY NO TO RAPE

Rape is the fourth most common crime against women in India.[1][2] According to the National Crime Records Bureau (NCRB) 2013 annual report, 24,923 rape cases were reported across India in 2012.[3] Out of these, 24,470 were committed by someone known to the victim (98% of the cases).[4]

India has been characterised as one of the "countries with the lowest per capita rates of rape".[5][6] Many rapes go unreported in various countries including India.[7][8] In India, consensual sex given on the false promise of marriage constitutes rape.[9] The willingness to report the rape has increased in recent years, after several incidents of rape received widespread media attention and triggered public protest.[10][11][12][13][14] This led the Government of India to reform its penal code for crimes of rape and sexual assault

The conviction rate for rapists has fallen at a steep rate over the past 40 years. Out of all the rape trials in India, only one out of four leads to a conviction.[39]The conviction rate for rape cases in India was 44.3 percent in 1973, 37.7 percent in 1983, 26.9 percent in 2009, 26.6 percent in 2010, 26.4 percent in 2011,[40]24.2% in 2012 and 27.1% in 2013.[39]

Rate(%)Year44.3197337.7198326.9200926.6201026.4201124.2201227.12013

India's conviction rate is higher than developed countries, such as the United Kingdom, which recorded a conviction rate of 7% in 2011-12. The conviction rate as low as 10% in Sweden and 25% in France

Estimates of unreported rapes

Most rapes go unreported because the rape victims fear retaliation and humiliation, both in India and throughout the world.[31] Indian parliamentarianshave stated that the rape problem in India is being underestimated because many cases are not reported, even though more victims are increasingly coming out and reporting rape and sexual assaults.[32]

Few states in India have tried to estimate or survey unreported cases sexual assault. The estimates for unreported rapes in India vary widely. The National Crime Records Bureau report of 2006 mentions that about 71% rape crimes go unreported.[33] Marital rapeis not a criminal act in India[34] though sexual intercourse with wife aged between 15 and 18 years is considered as rape.[35] Madiha Kark estimates 54% of rape crimes are unreported.[36] A UN study of 57 countries estimates just 11% of rape and sexual assault cases worldwide are ever reported

Legal response

The Indian law prior to the Nirbhaya Incident took into account only acts of penile-vaginal intercourse 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. Many rapists were not prosecuted because there was no law to punish such acts.[23] The definition was expanded in 2013 to consider rape as any acts like penetration by penis, or any object or any part of body to any extent, into the vagina, mouth, urethra or anus of a woman or making her to do so with another person or applying of mouth to sexual organs without the consent or will of the woman constitutes the offence of rape.[97]

The section has also clarified that penetration means "penetration to any extent", and lack of physical resistance is immaterial for constituting an offence. Except in certain aggravated situation the punishment will be imprisonment not less than seven years but which may extend to imprisonment for life, and shall also be liable to fine. In aggravated situations, punishment will be rigorous imprisonment for a term which shall not be less than ten years but which may extend to imprisonment for life, and shall also be liable to fine.[97]

Section 53A of the Code of Criminal Procedure of the Indian law lays down certain provisions for medical examination of the accused.[98] Section 164A of the Code of Criminal Procedure deals with the medical examination of the victim.[99]

The revised statutes of 2013 Indian law, in section 376A, mandates minimum punishment in certain cases. For instance, if the sexual assault inflicts an injury which causes death or causes the victim to be in a persistent vegetative state, then the convicted rapist must be sentenced to rigorous imprisonment of at least twenty years and up to the remainder of the natural life or with a death penalty."[97][24] In the case of "gang rape", the same mandatory sentencing is now required by law.[24] The convicted is also required to pay compensation to the victim which shall be reasonable to meet the medical expenses and rehabilitation of the victim, and per Section 357 B in the Code of Criminal Procedure. Death penalty for the most extreme rape cases is specified.[24]

The 2013 law also increased the age of consent from 16 years to 18 years, and any sexual activity with anyone less than age of 18, irrespective of consent, now constitutes statutory rape.[24]

The new law has made it mandatory for all government and privately run hospitals in India to give free first aid and medical treatment to victims of rape.[100]

As well, in May 2013, the Supreme Court of India held that the two-finger test on a rape victim violates her right to privacy, and asked the Delhi government to provide better medical procedures to confirm sexual assault.[101][102]

On 3 November 2015 the Allahabad High Court observed that a child born out of rape will have inheritance rights over the property of the assaulter and will be treated as illegitimate,[103] however if the child is taken for adoption then he/she will not have any rights on the property of the biological father.