Rape Laws With Regard To Minors

RAPE LAWS WITH REGARD TO MINORS IN INDIA
CHAPTER – 1
INTRODUCTION
In order for children to mature into contributing members of society, appropriate

care and guidance are required for them during their formative years. As the most
defenceless members of society, children are especially susceptible to being
victimised by a variety of abusive practises, most notably sexual assault. The act of
using children for sexual pleasure, which is the definition of child sexual abuse, is
a flagrant breach of human rights and a clear cut case of human rights abuse. When
children keep something that is troubling them to themselves rather than telling an
adult about it, they put themselves in danger on multiple fronts: psychologically,
emotionally, and even physically.
The Protection of Children from Sexual Offences Act, 2012 was the first law that
the Indian government passed to address the sexual abuse and exploitation of
children. This law, which provided severe punishments, was the first law to address
these issues. However, the increasing number of cases suggests that the Act is not
being implemented properly and that law enforcement officials have little interest
in taking action against the perpetrators of this horrible crime. This is evidenced by
the recent cases of gang rape that occurred in Unnao and Kathua. Because of this,
the government has been compelled to make changes to the Act in order to increase
its level of effectiveness.
The current research investigates the problems that are related with child sexual
abuse in India, including the variables that contribute to the crime as well as the
ramifications of the offence. It provides a critical analysis of the existing legal
framework, with a primary focus on the recently enacted revisions to the POCSO
Act. It does so by investigating the efficacy of these changes and recommending
other approaches that can be used to effectively deal with this heinous crime. The
abuse of children in sexual ways during the COVID-19 period in India is also
included in this paper.1
The most formative years of a person's life are those spent in childhood. They are
the nation's architects of the next generation. As a result, the well-being of such
individuals requires the establishment of an environment that is both wholesome
and secure in order to safeguard their legal rights. Unfortunately, despite the fact
that children are fragile, a dreadful environment exists in which kids are easy
targets for exploitation and abuse by criminals. This condition is terrible. When we
speak of "child abuse," we are referring to instances in which children have been
neglected or handled inappropriately.2
The establishment of societal ideals and expectations can be attributed to the

passing of laws. The laws of a specific era are reflective of the values held during
that time. In order to most effectively rectify a current circumstance, dynamic laws
that evolve together with the passage of time are the most useful tool. A situation
that, in the absence of committed law enforcement, would continue to worsen can
be halted by such efforts. It is possible to employ judicial intervention as a stand-
alone strategy or as a support strategy for other tactics. Judicial intervention is a
potent technique for problem resolution when it is applied effectively.
Laws intended to protect children typically have two primary purposes: first, to
safeguard and advance the well-being of the kid; and second, to forestall the
mistreatment of children in the community as a whole. In incidents of child abuse
1
Choudhry, V., Dayal, R., Pillai, D., Kalokhe, A. S., Beier, K., & Patel, V. (2018). Child sexual abuse in India: A
systematic review. PloS one, 13(10), e0205086
2
Babbar, S. K. (2014). Child Welfare: A critical analysis of some of the socio-legal legislations in India. IOSR Journal
Of Humanities And Social Science, 54-60.
and exploitation, the legal system has been shown to be ineffective in providing
protection for children. It is imperative that comprehensive regulations regarding
the treatment of children and the prevention of cruelty to children be enacted. For
there to be any kind of meaningful protection for children, it is also vital for
governments to demonstrate a commitment to the enforcement and implementation
of such laws. There is a proverb that goes, "a child who is poor in resources should
be rich in law."
There are a number of laws in India that pertain to children. The lack of political
willpower is the primary factor responsible for the fact that children in India are
not receiving the benefits of the laws that have been passed to protect and advance
their rights. Politicians and law enforcement officers have a history of supporting
and protecting brothel owners, pimps, and traffickers in exchange for financial
compensation; as a result, they have an interest in breaking the law.
The ability of children to make their own decisions should be recognised in

legislation. Children who are older are able to comprehend and advocate for
themselves in matters pertaining to their rights. Giving children an education on
their own rights as youngsters is the best way to protect those rights and prevent
them from being violated. The empowering of children in this way may give rise to
a children's movement. One such movement can be found in the United Kingdom
and is known as the Young People's Liberation Movement.
Each and every one of its participants is younger than 21 years old, and among
other things, they are demanding a halt to the sexual, physical, and emotional
abuse of minors. In order to effectively prevent the sexual abuse and exploitation
of children, there is a requirement for adequate legislation, improved law
enforcement, well-coordinated international cooperation, and educated
communities. Children should be protected by the law, and those who hurt or
exploit children should be punished.
It is essential to have powerful regulations in place to deter the sexual abuse and
exploitation of minors. It is essential to make people aware of the laws that now
apply to this topic. It is imperative that the community receives the message loud
and clear that the law will be enforced in its strictest form. Those who might be
inclined to commit the offence will consequently be warned that the commission of
any such offence would result in severe punishment. In and of itself, legal action
cannot provide a comprehensive solution to the situation. The perpetrators of child
abuse and exploitation have a responsibility to undergo rehabilitation while they
are serving their sentences. This will help to prevent a repeat of the abusive or
exploitative behaviour once the offender is free to interact with children again. It is
critical that education and awareness activities on children's rights be organised
and carried out.
Training on child rights, including national and international legislation, should be

incorporated into the curriculum of professionals working with children, such as
judges, police, doctors, social workers, teachers, and so on, according to a
recommendation made by the United Nations Committee on the Rights of the
Child (UN Committee on the Rights of the Child). It is also vital to educate the
public on matters pertaining to children's rights; this will provide the average
person the ability to respond in an informed manner in the event that an emergency
involving children arises.
It is imperative that laws be changed, in addition to attitudes, in order to put an end

to the abuse and exploitation of children. In order to provide children with the
opportunities they rightfully deserve, our cultural, social, and economic ideals need
to undergo fundamental shifts. When it comes to satisfying the requirements that
families have for support and help in caring for their children, the government,
local authorities, and non-governmental organisations all play a crucial role in the
process. The role of non-governmental organisations (NGOs) as watchdogs is to
ensure that the government carries out its responsibilities towards children and that
current laws are not allowed to only exist on paper but are instead put into practise
to the advantage of those for whom they are passed.
According to the World Health Organisation (WHO), there are 40 million children
between the ages of 0 and 14 who are victims of abuse or neglect and, as a result,
require some form of medical or social care. The sexual exploitation of children is
one of the forms of child maltreatment that has repercussions for the entire human
race.
It is a problem that affects the entire world, and India is right in the middle of it.
Child sexual abuse is defined by the World Health Organisation as the exploitation
of a child in a sexual act that the child does not fully comprehend, cannot consent
to, and is not developmentally prepared for. due of embarrassment or a fear of the
social stigma, the offence is almost never reported due of its taboo status.
Most of the time, the perpetrators are members of the family. It has a major
negative impact on the psychological, physical, mental, and emotional
development of children. In spite of the fact that it is a seminal piece of legislation,
the passage of India's Prevention of Children from Sexual Offences Act, 2012 in
2012 led to an increase in the number of cases of child sexual abuse that were
reported. Nevertheless, there are a number of problems with the law that prevent it
from being successfully implemented.
The fact that the Act has been applied to a vast number of cases despite having a
very low conviction rate is evidence of its inadequacy. This is due to the fact that it
has not been implemented. An revision to the POCSO Act was spurred by the
considerable media coverage of two horrendous child rape incidents (the rape cases
of Kathua and Unnao) as well as countless occurrences that were analogous to
those cases. As a strong deterrent to criminals, it now imposes stiffer and more
severe sanctions, including the death penalty. Having said that, the Act as it has
been revised does have a few flaws, the most notable of which is that it does not
address a large number of key issues that the government must consider right now.
It is impossible to put the Act into proper effect because the new version of the
legislation does not include any provisions that would speed up investigations or
trials. As a consequence of this, it is necessary to educate legal, medical, and law
enforcement organisations about the complexities of the law's application so that
they can collaborate effectively in the battle against the crime of child abuse.
The Sexual Exploitation of Children Is A Growing Problem In India
Because it involves the offender using the child for their own sexual pleasure, child
sexual abuse is one of the most significant threats that can confront a child at any
point in their development before they reach the age of adulthood. There are
numerous sexual favours that could be involved, including but not limited to
intercourse, oral sex, touching private areas, child pornography, and voyeurism,
amongst others. Children make up a large portion of India's overall population,
constituting approximately one-third of the country's entire population. 11% of the
children in this country have been victims of severe sexual abuse, and 50% of the
children in this country have been victims of some form of sexual abuse.
While boys account for roughly half of all child abuse victims, girls make up over
half of all victims of child abuse. According to a report that was just released by
the National Crime Records Bureau, there have been over 24,000 cases of child
abuse that have been reported in India over the course of the past six months. It is
considered that crimes of this nature are rising at an alarming rate in our country
and must be addressed swiftly. The most child-related offences were reported in the
states of Maharashtra, Uttar Pradesh, and Tamil Nadu.
Children are more vulnerable to being abused because of factors such as poverty, a
lack of sexual education, the proliferation of obscene posters and internet material,
and many harmful traditional practises. Some examples of these practises include
child marriage, caste-based discrimination, child labour, and Devadasi. Poverty is
unquestionably a key factor that contributes, but it is also possible to find it in
prosperous communities that are comprised of individuals of a variety of religions
and cultures. The fragmentation of the traditional nuclear family unit as it exists in
today's society is a second factor contributing to this problem.
Victims of sexual assault on children frequently do not come forward with their
experiences because these kinds of crimes are typically committed in private and
children rarely tell their parents about their experiences. If they do, they are
frequently pressured to keep quiet out of fear of being publicly humiliated and
shamed, which is especially common when the offender is a member of their own
family.3
Child sexual abuse can be identified by a number of telltale signs, including

aberrant or seductive behaviour, genital bruising or bleeding, trouble sitting or
standing, and an unwillingness to be around other children or adults. Abuse of a
child's sexuality can have profound psychological and physiological repercussions
for the victim. A victim's anxiety, despair, or attempts at suicide are common signs
of abuse, as are their aggressiveness, disobedience, loss of self-confidence, and
3
Prakash, A. (2018). Role of Prohibitory Legislation in Preventing Online Sexual Abuse of Children: A Critical Socio-
Legal Analysis. United world Law Journal, 2, 2457-0427. Prakash, A. (2018). Role of Prohibitory Legislation in
Preventing Online Sexual Abuse of Children: A Critical Socio-Legal Analysis. United world Law Journal, 2, 2457-0427.
dangerous behaviour. The victims are left with feelings of isolation, fear, guilt, and
concern after the crime has been committed.
WHO IS A MINOR?
Before the Juvenile Justice legislation of 1986 was passed, each state in India had
its own children's legislation. This means that the term "child" is defined
differently depending on which Indian law you look at. The provisions of each
children's act were distinct from one another, and this included the definition of
what constitutes a child. A boy child was a man under the age of 16 years old in the
states of Maharashtra and Kerala, while a girl child was a female under the age of
14 years old. On the other hand, in the states of Madhya Pradesh and Uttar
Pradesh, both the boy child and the girl child were under the age of 16 years old.
In accordance with the Juvenile Justice Act, a boy is considered to be a juvenile if

he has not yet reached the age of 16 years, and a girl is considered to be a juvenile
if she has not yet reached the age of 18 years. In accordance with the Women's and
Children's Institution (Licencing) Act of 1956, the term "child" refers to a male or
female who has not yet reached the age of 18 years. According to the Child Labour
(Prohibition and Regulation) Act of 1986, a child is defined as an individual who
has not yet reached the age of 14 years old. In accordance with this statute, the
definition of 'kid' is taken from Article 24 of the Constitution.
Employing children younger than 14 years old in any industry, mine, or other
dangerous occupation is against the law according to the Constitution of the United
States of America. A youngster who is younger than 14 years old is prohibited from
working in a factory per the Factories Act of 1948.
Due to the inherent dangers of working in a mine, the Mines (Amendment) Act of
1983 makes it illegal for anyone less than 18 years old to perform any kind of
labour in a mine or any portion of a mine. According to the Immoral Traffic
(Prevention) Act of 1986, the definition of a child is a person who has not yet
reached the age of 16 years, while the definition of a minor is a person who has
reached the age of 16 years but has not yet reached the age of 18 years. Under the
Indian Majority Act 1875, a person is considered to have reached the age of
majority once they have completed their 18th year. Although, according to the
Child Marriage Restraint Act of 1929, the definition of a child is a person who, if
they are male, has not reached the age of 21, and if they are female, have not
reached the age of 18, respectively.4
LEGISLATIVE & JUDICIAL RESPONSE
The United Nations was accepted by India. 1989 saw the adoption of the
Convention on the Rights of the Child. It was the very first international agreement
of its kind that was legally binding and especially applied to the protection of
children. In addition, the Act mandates that governments take preventative
measures to shield children from any kind of sexual abuse or exploitation. Children
in India are afforded specific rights and opportunities by the Constitution, which
helps to assure their continued existence and healthy development. Children are the
nation's future, so it is critical that we invest in their development.
(i) The Constitution of India grants the state the authority to confer certain benefits
on children for the purpose of fostering their growth.
4
(ii) The Constitution of India mandates that children and adolescents be protected
against exploitation, moral and material abandonment, and healthy growth in terms
of freedom and dignity. Additionally, the Constitution mandates that children and
adolescents be offered opportunities and facilities to grow in a healthy manner in
terms of freedom and dignity.
(iii) The Constitution safeguards the well-being of minors by prohibiting them

from working in hazardous occupations such as factories or mines before they
reach the age of majority. In addition, the Constitution imposes on the state the
responsibility of ensuring that all children under the age of fourteen be provided
with an education that is both compulsory and free. In addition, the Constitution of
India stipulates that the state must provide early childhood education and care
services available to all children up until the age of six.
PRE-POCSO Laws
Abuse of children on a sexual level has been widely ignored in India, and until
very recently, it was not even considered a crime. In India, only a few of sexual
offences committed against juveniles were officially recognised as crimes,
including rape, prostitution, and human trafficking. The wide provisions of the
Indian Penal Code from 1860, which made no distinction between the treatment of
adult and juvenile victims of the same crime, were applied to each of them
individually.
Infringing against the modesty of a woman or girl in violation of Section 509;

outraging the modesty of a woman or girl in violation of Section 354; and
infringing upon the modesty of a woman or girl in violation of Section 509.
Sections 361 and 363: Kidnapping a minor from the custody of a legal guardian;
Section 363A: Kidnapping or maiming a minor to beg; Section 361: Kidnapping a
minor from the guardianship of a legal guardian; Section 361A: Kidnapping or
maiming a minor for the purpose Sections 366A and 366B: Procurement of a minor
girl and bringing a girl.
A violation of Section 373 occurs when a juvenile is purchased for the purpose of
prostitution. The Penal Code's Section 375 addresses rape, and Section 376
addresses the varying degrees of severity of punishment for different types of rape.
There are four unique types of rape, each of which is penalised differently
according to Section 376 A, 376 B, 376 C, and 376 D. This statute, which dealt
with sexual acts that were against to nature and were frequently invoked in
situations involving the sexual abuse of male adolescents, was known as Section
377. The Information Technology Act of 2000 made it illegal to publish or send
pornographic material of any kind. 5
The Immoral Traffic (Prevention) Act, 1956 was passed in order to criminalise
prostitution and human trafficking in the Indian subcontinent. This act was passed
in 1956. The Protection of Children Against Sexual Offences (PCASO) Act is a
new piece of comprehensive legislation that was enacted as a response to growing
concerns about the rising trend of sexual violence against children in India, as well
as the absence of specific legislation addressing a range of various other forms of
sexual exploitation of children, such as Child Sexual Assault (not amounting to
rape), Sexual Harassment, and Child Pornography.6
5
6
POCSO Act, 2012; Salient Features
A law that is not specific to either gender protects children from being sexually
assaulted, harassed, or exposed to pornography by imposing severe penalties,
providing child-friendly ways to report offences, recording evidence, and
investigating them, and keeping the case moving quickly and efficiently through a
special court. The age of majority for a child is defined as 18 years old under the
law. It addresses several forms of sexual abuse, such as non-penetrative and
penetrative assault, sexual harassment, and pornography, among other forms of
sexual abuse.
A sexual assault is considered to be "aggravated" under this law when it is

perpetrated by a person who is in a position of trust or authority, when the victim
suffers from a mental illness, or when the victim is younger than a specified age.
Although it was criminalised under a variety of statutes, the precise nature of the
pornographic offence was never specified in any of these laws. The sexual
exploitation of children is now officially defined as any picture, video, digital, or
computer-generated image that appears like a real child, as well as any image that
has been manipulated or altered to appear as if it were a genuine child. This
includes images that look like they were taken from a real child but were actually
made by a computer. In addition, it makes it illegal to sexually exploit children and
prescribes the same punishment for those who assist in committing the crime as
well as those who commit it themselves.
The following are examples of child-friendly approaches to recording testimony:

conducting the interview at the child's home; prohibiting the detention of any
youngsters at the police station during nighttime hours; and transcribing the child's
testimony word for word. The child requires the help of an interpreter or some
other kind of specialist. A girl will have a medical checkup performed on her by a
female doctor in the presence of a guardian or another member of the family who
the child may confide in. In order to prevent the youngster from being subjected to
a severe interrogation or character assassination while the processes of the trial
were being carried out, frequent breaks were required.
The identify of the youngster was concealed so that the media would not be able to
disclose the child's name without first receiving permission from the Special Court.
In addition, the law mandates the mandatory reporting of offences, and there are
consequences for failing to report an offence that is mandated by the law. The Act
places a limit of thirty days on the amount of time that can be spent gathering
evidence, and it mandates that trials must be concluded within one year, if at all
possible, in order to be considered timely.
Because POCSO does not discriminate on the basis of gender, it applies to all
offences of this kind perpetrated against children, irrespective of the gender of the
child who was victimised. Instead of the more common practise of "innocent until
proven guilty," the "guilty until proven innocent" standard will be applied in
accordance with this act. At the same time, in order to prevent anyone from
abusing the system, the law includes fines for filing false complaints and providing
false information with malicious intent. Under this Act, keeping a record of any
instances of abuse is required.
The filing of a First Information Report (FIR) by the police in every instance of
alleged child abuse is required by law. A child's statement can be recorded at the
child's residence or at another location of their choosing; however, it should
preferably be done by a female police officer who does not hold a level lower than
that of sub-inspector. This legislation details all of the potential sexual offences
that can be committed against children, such as numerous forms of sexual assault,
sexual harassment, and the utilisation of juveniles for pornographic reasons.
In addition, the Act provides for the imposition of penalties for attempted
violations of the Act, as well as for complicity in such violations, as well as for
failing to notify such violations. In the event that there is any reason to believe that
an infraction should be reported, the Act recommends that the offence be reported
because the failure to disclose an offence alone may result in up to six months of
imprisonment and/or fines.
In addition, the Act stipulates the establishment of specialised courts that are tasked
with hearing these cases and mandating that each proceeding be concluded within
a single calendar year. The Act demands that the minor not be exposed to the
accused in any way during the recording of evidence, and that their name not be
disclosed at any moment throughout the investigation or trial. The Act also
stipulates that the minor cannot testify against the accused. The kid will not be
required to repeat their statement in court; rather, the court will allow them to
testify through the use of a video stream. It is not permitted for the defence to ask
questions in an aggressive manner and all queries must be directed through the
judge. For the benefit of the minor, the court may provide accommodations for an
interpreter, translator, special educator, or any other kind of specialist. The loss of
educational and employment possibilities, in addition to disability, disease, or
pregnancy as a consequence of the abuse, are some of the established criteria that
the Special Court uses in order to determine whether or not to give compensation.
The POCSO Act has also altered the definition of consenting sex under the Indian
Penal Code. The minimum age for a minor to provide their consent has increased
from 16 to 18 years of age. This means that any individual, including another kid,
can be prosecuted for participating in sexual activity with a child, regardless of
whether the child in question agreed to the act or not. In addition, a husband or
wife may face criminal charges if they are caught engaging in sexual activity with
a child who is under the age of 18. In accordance with the POCSO Act of 2012,
consenting sexual activities between children or between a kid and an adult are not
recognised.
The Act contains several loopholes.
After a cursory examination, it appears that the POCSO Act has all the makings of
the perfect piece of law to shield minors from sexual misconduct. Having said that,
it does suffer from a few issues with its conceptualization.
The Act eliminates any chance that someone under the age of 18 could give their
approval to something. If this were the case, then the sexual partner of a boy or girl
who was seventeen years old and had a sexual partner who was nineteen years old
would be subject to the provisions of the POCSO Act and might be arrested under
those provisions. In addition, the Act does not offer any guidance regarding what
should take place in the event that two children engage in any form of sexual
behaviour. In a legal sense, they meet the criteria for both Children Who Need Care
and Protection (CNCP) and Children Who Are in Conflict with the Law (CCL). In
actuality, however, the police typically classify females as CNCPs while
classifying males as CCLs.
Another challenge that victims must overcome is establishing their children's ages.
The provisions of Rule 12 of the Juvenile Justice Rules have been read by Courts
as applying to child victims as well due to the fact that the POCSO Act is silent on
what documents are to be used for assessing the age of the child victim. Only the
birth certificate, the school certificate of the child, or the matriculation certificate
are valid forms of identification according to this requirement.
However, minors who are only able to present other documents, even a legal
document such as a passport, are required to take a bone ossification test in order
to prove their age. The best that this test can do is provide a ballpark estimate of
how old the youngster is. The POCSO Act has to have a clear provision that lays
down what documents should be considered for showing the age of the kid, and
whether or not the benefit of the doubt should be provided to the child if the
ossification test cannot offer an accurate assessment. This section should also
address whether or not the child should be given the benefit of the doubt if the
ossification test cannot provide an exact assessment.
Comparable to the law regarding rape that is included in the IPC. Because "he" is
the pronoun that is used for the accused, the relevant provisions of the POCSO Act
stipulate that only a male can be booked for the offences that fall under those
provisions. Even while, in contrast to rape, a victim of the POCSO Act can be any
child regardless of gender, the accused still can only be a male, and females are
again provided a protective shield for reasons that are unclear, the POCSO Act
nevertheless protects males from being charged with the offence. It is a fallacy to
assert that women do not subject children to coercive sexual acts committed by
themselves.
These are blatant illustrations of the unexplained gender bias that may be found in
the laws of India that pertain to sexual encounters. In addition, while the POCSO
Act is only concerned with the age factor, a young woman under the age of 18 who
is subjected to sexual assault under duress has the ability to file a complaint with
the police and have the perpetrator arrested under the Indian Penal Code. Due to
the one-sided nature of the concept, however, the converse cannot be said to be
true. If a woman commits the same crime as a man, she can only be charged with
sexual assault under the POCSO Act. However, the sentence for sexual assault
under the POCSO Act is significantly less severe than the punishment for sexual
assault under the IPC.7
Dangers in the Judiciary and the Administration of Justice:
The POCSO Act's method for providing children who are victims of sexual assault
with prompt justice is one of the act's pillars, and it should be one of your top
priorities as well. However, the legal protection of minors younger than 18 years
old is negatively impacted by a number of significant institutional impediments.
One clear illustration of this is the schedule that Section 35 of the POCSO Act lays
forth for the taking of child testimony and the completion of the trial. The evidence
of the kid is required to take place within a month of the court taking cognizance of
the case, and the trial itself must take place within a year of the court taking
cognizance of the case. However, due to the overworked nature of the judicial
system in India, these regulations are routinely disregarded rather than obeyed
more frequently.
A problem that is connected to this one is the propensity of lawyers to request

adjournments for their cases, as well as adjournments that are induced by external
circumstances such as strikes in the courtroom. In these kinds of cases, the victim
winds up being called to court on multiple occasions, or the hearing may be
postponed for as long as six or seven months after the occurrence was initially
recorded. This decreases the likelihood that the victim will be able to correctly
recall the events that transpired during the incident.
7
Another key aspect to consider is interim compensation. The young victim is
eligible for provisional compensation to assist them in meeting their immediate
need. However, it is vital for all parties involved to realise that interim
compensation should not be restrictedly interpreted to represent merely his or her
medical needs. This understanding is necessary since it is necessary. It takes care
of the child's every need, which is essential for the child's rehabilitation.
According to subsection (2) of Section 33 of the POCSO Act, the Special Public
Prosecutor is required to initially communicate the questions to the Special Court
before posing them to the child during the recording of the examination-in-chief,
cross-examination, or re-examination of the child. This is done even if the child is
being re-examined. Additionally, there must to be plenty of pauses in between the
inquiries that are asked of the kid.
It is also extremely important for the youngster to have legal representation. The
job of the attorney is to provide assistance to the state's attorney. In order to
accomplish this, the Public Prosecutor and the child's attorney will need to
coordinate their efforts effectively. Further, under our adversarial system of justice,
while the duties of the Public Prosecutor and the defence counsel are clearly
delineated, there is a need for an investigation of the manner in which the attorney
representing the child victim fits into the overall scheme.8
Problems that can arise in administration:
8
When it comes to POCSO, there are three key administrative traps to watch
out for.
To begin, the police, in spite of their best efforts, are confronted with a great deal
of obstacles while attempting to carry out an appropriate investigation in POCSO
instances. It all starts with the filing of the First Information Report. It is the
responsibility of the police to ensure that the filing of the First Information Report
(FIR) and the investigation of the Medico-Legal Case (MLC) proceed without
interruption.
Second, the MLC of the victim is not performed as frequently as it should be

because the family of the victim is frequently provided misleading information
regarding the negative effects of the MLC on the health of the kid in the long run.
When a child is forced to travel to the hospital for an MLC or an abortion, they
frequently find themselves in an unwelcoming environment there. Therefore,
medical professionals need training on how to talk to children in a sensitive
manner about what they are going through in order to avoid causing the child any
extra emotional distress. In addition, because of the inappropriate storage
conditions, the forensic samples that are collected by the authorities sometimes end
up being tainted or putrid. In order to ensure that the evaluation of the evidence can
go without any hiccups over the course of the trial, the law enforcement personnel
in charge of the investigation need to be familiar with the most effective techniques
for gathering forensic evidence.
In conclusion, the POCSO Act requires institutions like the National and State
Commissions for the Protection of Child Rights to monitor and evaluate the
implementation of the Act on a regular basis in accordance with Sections 43-44
and Rule 6 of the POCSO Act. In addition, these institutions are tasked with raising
public awareness of the various provisions of the POCSO Act. On the other hand,
the public has not been able to scrutinise the internal workings of these
departments, including their monitoring and assessment processes. To this end, it is
absolutely necessary to investigate the processes devised by such organisations and
assess the degree to which they are capable of producing results that have an
impact.
POCSO Act: Recent Developments
For the purpose of discouraging potential sexual predators from committing the
heinous acts that have been seen in recent tragedies such as Unnao, Kathua, and
Muzaffarpur Shelter Home, the law has been further updated to increase the
severity of punishments for various crimes, including the possibility of capital
punishment for sexual assault and aggravated penetrative sexual assault. This has
been done in an effort to make the law more effective.
Under the previous statute, the minimum sentence for penetrative sexual assault
was seven years in jail; under the new Act, that sentence has been increased to ten
years. A subpart of the revised section states that the minimum penalty for a sexual
assault committed against a person under the age of 16 is 20 years in prison, which
may be extended to life in prison and a fine. In addition, the subpart states that a
fine may be imposed. The Revised Act includes two new categories of severe
penetrative sexual assault that were not previously present. The consequences for
this offence can range from ten to twenty years in jail all the way up to the death
penalty.
This is the case when a kid is attacked to the point of death, as well as when a
sexual assault occurs during a natural disaster or another condition of equivalent
ferocity.
The concept of aggravated sexual assault has also been enlarged to cover instances
in which the attack was carried out during a natural disaster or in which children
are administered or helped to acquire hormones or chemical substances in order to
reach sexual maturity before their biologically expected age. Both of these
scenarios fall under the category of "aggravated sexual assault."
Additionally, the penalties for storing pornographic material for commercial

purposes have been increased as a result of this modification. Additionally, it
included two additional reasons that are not subject to the destruction, deletion, or
reporting of pornographic material affecting a child and the transmission, display,
and distribution of such material other than for the purposes of reporting the
violation.
The legal system is now aware of the rise in criminal activity and the sexual
exploitation of children, and as a result, it has made it a priority to provide advice
on improving security and rehabilitating victims. Through a public interest
litigation (PIL) petition that they submitted to the Supreme Court, the NGO Sakshi
v. Union of India (AIR 2004 SC 3566) demonstrated that the existing criminal laws
were incapable of adequately handling cases of child sexual abuse at the initial
stage.
When a female victim was sexually penetrated, the crime was prosecuted under
Sections 375 and 376(2) of the Indian Penal Code (IPC), and when a male victim
was sexually penetrated, the crime was prosecuted under Section 377 of the IPC.
Sections 354 and 509 of the Indian Penal Code dealt with sexual offences that did
not involve penetration when they were committed against a female kid.
However, a comparable regulation did not exist when a male child was the victim
of a sexual offence. The Supreme Court of the United States released rules on how
to properly handle trials involving allegations of child sexual abuse. These
guidelines recommend that the accused's face be concealed from the victim or
witnesses, that victims be allowed to take breaks throughout the trial, and that
unnecessary victim harassment during cross-examination be limited. The POCSO
Act now includes these rules as part of its language.
The Supreme Court of India stated in the case of Shankar Kisanraokhade v. State
of Maharashtra 5 SCC 546 (2013) that sexual abuse can take numerous forms, such
as sexual molestation, sexual assault, or sexual exploitation, and that a child may
be sexually assaulted by a person who is already familiar to them.
In the case of Gaurav Jain v. Union of India, AIR 1990 SC 292 (2004), the
Supreme Court of India mandated that the federal and state governments as well as
voluntary organisations be responsible for protecting adolescents from being
forced into prostitution and offering them opportunities for rehabilitation and a
better life. In the case of Vishal Jeet v. Union of India (AIR 1990 S.C. 1412(1990),
the Supreme Court of India stated that child sex abuse is a socio-economic problem
and issued an order to state governments requiring them to ensure that law
enforcement agencies take action against this heinous crime. In the case Nipun
Saxena & Anr v Union of India WP (civil) 565/2012, the Supreme Court of India
emphasised the need for further care and protection for child sexual assault victims
by emphasising the necessity of keeping their identities and names secret due to the
victims' young ages.
Vulnerabilities presented by the Act:
The legislation has been changed to include harsher punishments; nonetheless, it

still contains loopholes that need to be closed as soon as possible. The increased
usage of the death sentence has the potential to lower the number of reported
murder cases as well as the number of people who are murdered. In most cases, the
perpetrator is someone the victim knows, which makes it less likely that the victim
will disclose the incident. In addition to this, there is a much increased possibility
that a victim may be raped and then murdered. The victim and the victim's family
are not protected under the modified Act in situations in which the accused holds a
position of power. 9
The Unnao Rape case demonstrates that even if the maximum sentence for violent
sexual assault was just doubled, there is still room for improvement. The rewritten
law does not include a strategy for compensating victims, ensuring an adequate
police investigation, or providing an effective means for reducing the number of
cases that are awaiting trial. It disregards concerns about young adults engaging in
consensual sexual activity because the existing law considers individuals between
the ages of 16 and 18 to be too immature to engage in sexual activity. This is a
loophole that families routinely exploit in order to hide elopements and inter-caste
weddings.
9
The circumstances of the Covid-19 Pandemic were as follows:
The COVID-19 outbreak presented a number of unique challenges, not the least of
which were issues in the medical, social, and economic spheres. Children are the
ones who are feeling the most profound anguish right now, which is manifesting
itself in a particular way.
In spite of the fact that children make up a relatively tiny fraction of the population
affected by COVID-19, the global pandemic has had a disproportionately large
effect on the ability of children to attend school in a safe and healthy setting.
Because of national lockdowns, about one billion children around the world have
been prevented from attending school for at least three to four months. This has
occurred in every region on the planet. As a result of this development, sexual
predators are now able to damage children through the use of virtual environments.
During India's shutdown in April of 2020, the number of calls from distressed
children to CHILDLINE 1098, an exceptional service that deals with urgent
requests for assistance from women and children who are experiencing abuse or
violence, increased by fifty percent. CHILDLINE 1098 is an exceptional service
that deals with emergency requests for aid from women and children who are
experiencing abuse or violence. The Supreme Court of India acknowledged the
gravity of the situation and took into consideration the fact that children enrolled in
state-run care programmes were subject to a substantial number of dangers.
The increasing prevalence of children and adolescents in India using internet-based

communication technologies has given rise to a new threat to their personal
security. The most recent research to come out of the U.S. According to research
conducted by the National Centre for Missing & Exploited Children (NCMEC) and
the National Crime Records Bureau (NCRB), between September 2019 and
January 2020, at least 25,000 photographs depicting the sexual abuse of children
were uploaded to social media sites located in India. According to the India Child
Protection Fund, there was a significant increase in the number of people searching
for child pornography after the lockdown was announced. During the time that the
government was shut down, there was an observed surge in child sexual abuse
material and photographs that was 95 percent more than normal.
The genuine issues that are associated with these numbers are a cause for concern,
particularly in light of the shifting landscape of education, which has shifted
entirely online, and the fact that "having continuous parental supervision is not a
realistic choice in households with two working parents." Furthermore, in many
instances, schools urge parents to refrain from hovering around their children in the
classroom in an effort to reduce the likelihood of helicopter parenting.
It could make children more prone to being sexually abused over the internet.
Protecting minors from sexual assault is an absolutely vital component of
upholding the right to dignity guaranteed by Article 21 of the Indian Constitution.
Spending more time online could put you at risk of being groomed and exploited in
both online and offline settings. Children are at risk of being coerced into engaging
in activities that are potentially harmful or illegal. For instance, young people can
be coerced into creating and posting sexually explicit images of themselves, which
can then be used by others to harass and abuse them.
Abuse of children in a sexual manner is a social problem that has far-reaching

implications for all members of the human race. It is a covert crime that often goes
unreported, either because it is performed by persons who are acquainted to the
victim, or because the victim is ashamed to report the abuse because of social
shame, or for any other reason, and is forced to suffer in silence and without help.
Regardless of the reason, it is a crime that frequently goes unnoticed.
Following the implementation of the POCSO Act, there has been a discernible
increase in the quantity of cases of sexual assault on children that have been
reported in India. Although it made an effort to reverse the growing trend in sexual
offences committed against children, it was not successful in doing so because its
effective execution contained significant flaws. In order to achieve a swift trial and
avoid the re-victimization of people who have been harmed, it is necessary for the
agencies that are responsible for its implementation to make efforts that are both
dedicated and coordinated in nature.
In response to the disturbing rise in the number of sexual offences committed

against children as well as the heartbreaking gang rapes that occurred in Kathua
and Unnao, the POCSO Act was revised to include harsher penalties in order to
serve as an efficient deterrent. However, this is not sufficient because it does not
include a workable method for dealing with the enormous backlog of cases that
have been registered under the Act, and it does not address a lot of other concerns
that are relevant. 10
The K concerns include the following: moral and sexual education should be made
mandatory in all schools and colleges in order to increase awareness and alertness
among young people regarding the growing number of sexual crimes and to assist
them in comprehending the many types of sexual violence. It is necessary to
educate parents on effective parenting practises because they are the only ones who
can create the safest environment possible that is beneficial to their child's health
10
and well-being. It is the child's parents' responsibility to ensure that their children
receive this education.11
The issue of child sexual abuse, often known as CSA, has only recently been
brought to public attention as a concern in India. The passage of a specialised law
in 2012 called the Protection of Children against Sexual Offences (POCSO) was an
encouraging step. This law made a variety of behaviours, such as raping children,
harassing children, and using children for pornographic purposes, illegal. The law
requires the establishment of Special Courts in order to expedite the judicial
process for cases involving CSA.
The project focuses on the benefits that were planned to come from the application
of the law in the Indian setting as well as the unanticipated effects that could result
from doing so. There is little doubt that the passage of POCSO has been a
significant step forward in ensuring children's rights and advancing the cause of
protecting children against sexual abuse. This has been done in combination with a
related piece of legislation to crack down on child weddings called the Prohibition
of Child Marriage Act 2006, which was passed in 2006.
The purpose of the law, as well as its text and spirit, is to protect children from
being sexually abused. The law defines a child as someone who has not yet
reached the age of 18 years old. However, making all sexual activity by anyone
under 18 years old a crime is fraught with potential complications.
11
CSA in India
Growing concerns about female infanticide, child rapes, and institutional abuse of
children led to the commissioning of the first large-scale government-sponsored
research study to analyse the scope and character of child abuse in India (Kacker et
al. 2007). The purpose of this study was to determine the prevalence of child abuse
in India as well as the different types of abuse that occur. The research was
conducted using a technique that was well thought out, and it examined a total of
13 states (two states from each of the six geographic zones that make up the
country). These states ranged from having the highest to the lowest crime ratesinci
of acts committed against children.
The sample was selected in a purposeful manner and consisted of 12,447 children,
2324 young people, and 2449 stakeholders. These individuals represented five
distinct evidence groups, which were as follows: children in the home, children in
the workplace, children in schools, and children living on the streets and in
institutions. According to the findings of the study, emotional, physical, and sexual
abuse are all very common in all of the states that were investigated. While 69% (n
= 12,447) of children reported being physically abused, only 53% (n = 12,447) of
children allegedly suffered some type of sexual assault.
However, emotional abuse was recorded by every other child. "persons known to
the child or in a position of trust and responsibility" were responsible for around
fifty percent of the sexual abuse cases that were reported (Kacker et al. 2007.
According to the findings of Carson et al. (2013)'s review of the present state of
knowledge on child sexual abuse (CSA) in India, empirical research reveal a
significantly higher prevalence of CSA than was previously acknowledged by
either the government or families. In addition, there is a disparity between rural
and urban areas and regions in terms of the prevalence of CSA across the country.
Girls are more susceptible to sexual abuse than boys, despite the fact that boys also
reported a high rate of being victims of sexual abuse and are subject to greater
societal stigma. Finally, Carson et al. (2013) imply that sexual exploitation and
abuse happens in households that span the socioeconomic and religious spectrum.
This is despite the fact that there is a strong correlation between poverty and sexual
exploitation and abuse.
However, conditions that make CSA more likely, such as poverty, overcrowding,
living arrangements that include extended family members, an abundance of
children living on the streets, and a lack of leisure opportunities within families
(Carson et al. 2013), are by no means unique to India. Given the large population
and dense population that exists in India, it is possible that their impact will be
exacerbated or magnified.
According to Smallbone et al. (2014), the prevalence of CSA in the Indian context
may be due to a complex combination of individual, environmental, and situational
factors that are claimed to facilitate the condition. The lack of empirical research,
on the other hand, makes it impossible to draw definitive conclusions.
According to HRW (2013), children who have been sexually assaulted are
profoundly let down both by the inability of the criminal justice system as a whole
to address their grievances and by the social ostracism that is associated with such
abuse. According to the Kacker et al. (2007) study, just 3% of the CSA offences
that were discovered were reported to the police (HRW 2013). Given the
humiliation and the associated socio-cultural stigma, it should not come as a
surprise that CSA is chronically underreported. This is especially true when the
abuse occurs within the setting of a family (Choudhury 2006). This phenomena is
not specific to India but is typical to collectivist societies in other Asian nations,
where an individual's experience is ignored in order to protect the family from the
humiliation associated with sexual abuse (Back et al. 2003; Stoltenborgh et al.
2011). This is a problem that has been documented in India (Back et al. 2003;
Stoltenborgh et al. 2011), but it is not limited to India.
Legal response to CSA
Prior to the year 2012, the only sexual offences committed against children that
were punishable by the law were those that fell under one of three sections of the
Indian Penal Code (IPC) that were not specifically geared towards minors. The
only crimes that were recorded were rape, which is defined as "sexual intercourse
without consent" (section 376), outraging the modesty of a woman, which is
defined as "unspecified acts," (section 354) and unnatural acts, which are defined
as "carnal intercourse against the order of nature with any man, woman, or animal"
(anal sex, homosexuality, or bestiality), which are all defined in section 377. 12
As a consequence of this, other types of sexual assaults, harassment, and

exploitation that did not involve penetration were not expressly regarded as crimes
and were therefore not recorded (if they were reported). It's possible that increased
activity on child protection concerns in the media and public debate played a role
in the Indian government establishing a specific law in 2012 called "The Protection
of Children from Sexual Offences (POCSO)". This Act makes it illegal to engage
12
in sexual assault, sexual harassment, or pornography with a minor who is under the
age of 18, and it requires the establishment of Special Courts in order to speed up
the judicial process for cases involving these offences.
If a person under the age of 18 is involved in any sexual act that is mentioned in
POCSO, then such act is automatically considered to be a criminal offence. There
are no exceptions to this rule. This is true irrespective of the question of consent or
the age of the 'perpetrator'. Due to the fact that the law inexorably criminalises
sexual activities in those under the age of 18, the ideas of victim and perpetrator
become interchangeable in situations involving children engaging in consensual
sexual activity with one another.
The Act does not give minors any kind of sexual autonomy, which means that they
could be held legally responsible for sexual activities if they do those acts. POCSO
automatically classifies a juvenile as a "perpetrator" of CSA as a criminal who
must be "dealt with in accordance with the provisions of the Juvenile Justice (Care
and Protection of Children) Act 2000" [section 34(i)].
On the other hand, in 2013, a judge from the Special Court disproved the idea that
the human body of a person younger than 18 years old is the property of the state
and that the state therefore has the authority to restrict individual autonomy
regarding sexual behaviour. While rendering a decision in a case in which a woman
of 15 years of age freely eloped with a man of 22 years of age and married him, the
judge came to the conclusion that criminalising such activity would not serve the
aim of the legislation (TOI 2013).
Therefore, there is a conflict between the law's literal interpretation and its
intended purpose. An individual's perspective of the events will have a significant
impact on the conclusion reached regarding whether or not an allegation of sexual
activity between minors was coerced or voluntary. The law leaves room for abuse
in either direction, whether it be overly restricting of the autonomy of children or
overly permissive of CSA.
Last but not least, according to Oz and Balshan (2007), the lack of appropriate
support and professional assistance for the victim and their family can sometimes
result in more psychological damage and stress. According to the Maharashtra
State Consultation in 2014, although Child Welfare Committees in India are
supposed to provide this help, they are not truly functioning satisfactorily.
Therefore, it presents issues not only for "victims," but also for "perpetrators"
under the age of 18; the latter are criminalised, but they are not given the
professional care that they might require.
Reporting that is required by law
POCSO (section 19) mandates that all citizens, but particularly those who work
with children and young people in the education, social, religious, and health
sectors, must report suspected cases of child sexual abuse. This requirement
applies to all citizens. The violation of this provision brings with it the potential for
a prison sentence of up to six months and/or penalties, both of which are intended
to encourage conformity with the law.
Evidence from other nations (the United States of America and Australia), such as
Kim et al. 2012 and Ainsworth 2002, suggests that obligatory reporting of child
sexual abuse has had mixed results. According to the findings of the Report for the
Royal Commission into Institutional Responses to Child Sexual Abuse (Mathews
2014), failures to report are rarely prosecuted in various jurisdictions.
This is because the goal of mandatory provisions is to encourage reporting, not
police it; hence, the purpose of mandatory provisions is to encourage reporting. As
a direct consequence of this, the law in the Australian state of New South Wales
has been changed to remove the penalties for failing to disclose CSA (Mathews
2014). The required reporting obligation imposed by POCSO, on the other hand,
brings up three issues that are unique to the Indian context:
When sexual activity between people under the age of 18 is made illegal, it is
effectively removed from the purview of health professionals and school
counsellors. These individuals may be hesitant to offer safe sexual advice or treat
the effects of unsafe or reckless sexual practises because doing so could
compromise patient confidentiality and/or involve getting involved with reporting
it to the authorities.
The law presents a number of challenges for organisations, charities, and

institutions that engage with children and communities that are economically
disadvantaged and who are deeply committed to establishing trusting connections
with young people. These individuals and groups include those who work with
poor and backward populations. If they are legally obligated to report any
knowledge of consenting, albeit underage sex, then a breach of trust would gravely
imperil their efforts to interact with and work with young people.
This would put their jobs in jeopardy. Inadequate training for professionals who
work with children (such as physicians, teachers, psychologists, social workers,
and counsellors, among others) on how to deal with the knowledge of sexual
activity and how to respond correctly can be an additional source of concern
(Goldman 2010).
The requirement of mandatory reporting raises the question of who is accountable
for, or ought to be responsible for, the enforcement of this legal obligation. The
cops are understaffed and overworked, and they can hardly keep up with their
workload. It is possible that cases of failure to report may be missed if a legal
requirement complete with penal and financial punishments is prescribed, but this
cannot be done without first thinking out the method for its enforcement, which
could result in a lack of responsibility. There is a risk that the law may simply be
utilised in hindsight to penalise infractions, rather than guaranteeing that suspected
cases of CSA will be reported in a timely manner by the proper authorities in
appropriate circumstances.
An early determination by an appropriate authority that sexual actions that occur

between consenting adults are not criminal acts could be one approach to
addressing the issue at hand. Consequently, the occurrence needs to be reported;
nevertheless, decisions on the registration of an offence and the investigation may
be left up to investigatory discretion.13
Age determination
The age of the victim as well as the age of the person who committed the crime is
difficult to ascertain. According to subsection (2) of section 34, the Special Court
has the authority to assess a person's age; however, there are no specific standards
that outline how they should carry out this function. According to Schmeling et al.
(2003), the methods used by forensic scientists to determine the age of a living
person can be highly imprecise and convoluted. This is a widely accepted fact.
13
The opinion of a specially constituted Medical Board may be useful in determining
age; however, it cannot be the only or conclusive factor in doing so (Supreme
Court of India 2008). This was the decision made by the Supreme Court of India in
the case of Babloo Pasi vs. State of Jharkhand and Anr. The court stated that it is
very difficult to determine a person's age in the absence of birth certificates or
other official documentation.
A hyper-technical approach should not be used, according to the Supreme Court,

and the court should err on the side of giving the juvenile the benefit of the doubt
while also ensuring that the law is not being abused in any way. According to
POCSO, the ages of both the victim and the perpetrator play a significant role in
establishing if and how the Act would apply, as well as in influencing the outcome
throughout the charging and trial stages.
This could present a difficulty in developing nations such as India, where a

significant number of births are simply not reported and where significant portions
of the population do not have documentation such as birth certificates or school
leaving certificates to provide proof of age since they did not complete their
education.
Interactions between these three problems and the effects they have on
marriages between children
Laws do not operate in a vacuum, and it is not uncommon for the best intentions
codified in laws to be rendered meaningless in the face of real-world
circumstances. In this particular instance, the legal age of consent and required
reporting duties of POCSO, along with the difficulties in determining age, could
result in the criminal justice system facing a greater number of challenges than was
originally envisaged.
The purpose of the POCSO, in conjunction with the Prohibition of Child Marriage
Act of 2006, is to safeguard young women from being coerced into getting married
at an early age.
The cultural and social conventions favouring early marriages in India mixed with
the individual's right to sexual autonomy can provide obstacles to the
accomplishment of this goal, despite the fact that it is a worthy goal to pursue.
According to a recent analysis based on the data from the census, in India one in
six women were married before they turned 18 years old. Furthermore, 17.5% of
women (6.5 million) had been married within the previous four years prior to the
time when the census was performed (Shaikh 2015).
According to POCSO, there are therefore potentially 6.5 million (and increasing)
instances of legal action that could be taken. In situations in which a girl between
the ages of 15 and 18 gives her agreement to being married, this could result in a
significant waste of time and resources on the part of the criminal judicial system.
In a context of mandatory reporting, ignoring the role that permission plays in
sexual activity between minors, along with the imprecise science of determining a
person's age, has the potential to lead to misuse of the legal system or mistakes in
the administration of justice.
The mandatory connection of UIDFootnote2 (Unique Identification) with victim

and offender data in cases involving underage parties at the time of reporting in
order to assist in determining the age of the victim and the perpetrator is one
potential solution to this problem. There are many other potential solutions to this
issue. However, this may give rise to a number of ethical concerns and may be in
direct opposition to the goals that were established for the UID initiative in India
when it was first conceived.
There is little doubt that POCSO 2012 has made a substantial contribution to the
ongoing effort to combat the issue of CSA in India. It has defined and made illegal
a variety of undesirable sexual activities that are harmful to children and constitute
a risk to their wellbeing. The quickly rising number of instances indicates that the
law has made a significant contribution in educating the public, sensitising the
criminal justice system, and making the reporting of CSA not only acceptable but
also mandatory.
This is evidenced by the fact that the number of reported cases is rapidly
increasing. The law is quite all-encompassing and possesses certain distinctive
characteristics of its own. On the other hand, the execution of the law in the Indian
context can be complicated by three primary concerns that have been raised about
both the letter and the spirit of the law.
The concerns at hand include the inflexibility regarding the age of consent for
sexual activity for minors under the age of 18, the mandatory reporting
responsibilities, and the imprecise character of age determination. In addition, the
Prohibition of Child weddings Act of 2006, which was passed in India in order to
safeguard vulnerable children and fulfil the government's aim to outlaw child
weddings, in conjunction with the POCSO Act of 2012, ought to be effective in
preventing marriages between minors.
The potential for waste and loss of resources cannot be disputed, despite the fact
that the concerns that have been described above exist in an environment in which
societal and cultural norms continue to permit or even actively encourage the
marriage of children.Because the existing legislation on sexual assault does not
adequately identify or reflect the many different forms of sexual assault that can be
committed against women in our country, it became clear that a new law on the
issue was required.
In the case of Sakshi vs. union of India, the Supreme Court India has
acknowledged the deficiencies in the law concerning rape and had proposed that
the legislature make the necessary amendments to the statute.14
After conducting an investigation into the entirety of the IPC law pertaining to rape
and sexual assault, the law commission recommended that the law be completely
rewritten.15
The 172nd report of the Law Commission was used as the basis for the bill that
was drafted by Ms. Kirti Singh advocate and legal convener of AIDWA to amend
the laws relating to sexual assault in Section 375, 376, 354, and 509 of the Indian
Penal Code as well as the relevant sections of the Code of Criminal Procedure
1973 and the Indian Evidence Act 1872. The recommendations were derived from
the results of a nationwide poll taken on the subject, which was conducted by the
National Commission for Women.16
14
15
16
CHAPTER – 2
Rape Laws in India : Minor, Limited, Conservative and Devoid of

Gender- Neutrality
“Rape, the most heinous crime is still occurring in our society. Even
after the Delhi gang Rape case so many protests took place; a new
law has been passed but still the situation has not changed a bit.
Recently a Mumbai based photo journalist was raped. When some
journalists from a well-known paper house went to take interview in
her locality; they got to know that nobody from the survivor
apartment aware that the girl is from their locality. So the question
arises why still now the survivor of the rape feels ashamed and
prefers to be silent. This is one of the main reasons that most of the
rape victim does not file an FIR. They think if society got to know
about this her reputation will be ruined and rest of her life will be
hell. That is the reasons why the crime like rape is still happening in
our so-called modern society. In this project I will try to analysis
development of rape laws from the social transformation
perspective.”
I. INTRODUCTION
(A) Overview
There has been a disturbing spike in the number of incidences of violence

based on gender. Rapes, acid assaults, dowry deaths, domestic violence, eve-
teasing, and murder are the various types of instances that have been
categorised. India holds a unique position with regard to the prevalence of
gender-based violence in its endemic manifestations, despite the fact that
crimes motivated by gender are not restricted to any one nation. In spite of
the persistent efforts of commissioners, activists, and even the officials
responsible for establishing laws, the number of crimes has not decreased.
On the other hand, there has never been anything close to the current level of
growth.
There is a long tradition of gender-based violence in India. From the JC Bose

rapecase2 to Priyanka Reddy's violent rape, Laxmi Agarwal vs. Union of
India3, and many other cases that are 'forgotten' or haven't been cruel enough
to make a space in our memory, India has experienced an increase in such
horrible crimes. But the fact that many of the victims do not even have legal
recourse is much more upsetting than the rise in the number of crimes of this
type.
Not the rules, but the crimes themselves have evolved over the course of time
to become gender neutral. We not only have women who are victims of such
atrocities, but we also have men who are victims of sexual harassment or
'rape,' which is not even recognised in the International Criminal Code.
Another crime that does not receive sufficient legal acknowledgment is rape
committed within a marriage.
The problems that have been ignored for too long require immediate attention
from everyone involved. The critics have referred to Delhi as the "Rape
Capital" because to the horrifying rape numbers that have been found in
India. And the figures on male rape are not even included in the numbers that
have given this city its reputation as a dangerous place to live in.
Furthermore, although we delight in praising the low rates of divorce in
India, we disregard the rate of domestic violence and the requirement to
handle marital rape as a crime. This is despite the fact that both of these
issues need to be addressed. We need to address the flaws in the
sociopolitical system we live in as well as the inadequacies in the Indian
criminal justice system in order to combat these egregiously heinous acts.
Only then will we be able to bring a stop to these atrocities.
Research Problem
 The Purpose of this research is to find out the loopholes in rape laws with
regard to minor and what needed to be done in contemporary times with
regard to minor and what devlopments are there.
 The purpose of this research article is to investigate whether or not a rape

law that does not discriminate based on gender is successful in the Indian
context. The researcher has made an effort to respond to the concerns
related • What aspects of gender neutrality are present?
• What are the different aspects of a law that does not discriminate
based on a person's gender?
• What are some arguments for and against the implementation of

gender-neutral laws?
• What kind of effects and repercussions does having a law that is

gender neutral have?
 Is there a requirement for gender-blind legislation in cases involving caste

discrimination, community strife, incarceration, and war crimes?
• If it needs to be totally gender neutral, or if, as many people have

proposed, a compromise solution in which only the victim needs to
be gender neutral, which one should be adopted?
• The goals of the research are as follows:
• To do research on rapes committed during marriage.
• To do research on the gender bias that exists under rape

legislation.
• To conduct research into the possibility of revising our rape

laws.
• To do research into the reasons or causes behind rapes that

have occurred in India.
• Conduct research on the sector of Indian society that is most

affected by rapes.
What constitutes gender neutral?
The question of whether or not a legislation that does not discriminate on the
basis of gender would have a negative impact on the most defenceless
segment of the population, namely women.
The unequal distribution of power that can result from being detained, living
in community, or being at war.
Determine whether the answer is to make it gender-inclusive for the offender

but not for the victim.
The question of whether or not rape during marriage constitutes a serious

criminal offence.
Hypothesis
1. There is an immediate need to address the problem of sexual violence against

Minors.
2. If the legislation were written in a way that was fully gender neutral, it would
work against the interests of female rape victims. As a result, one possible
solution would be to modify the legislation so that it punishes perpetrators
according to their gender while also protecting victims regardless of their
gender.
3. There should be a distinct legal framework for exacerbated cases of caste

discrimination, communal conflicts, and war crimes
REVIEW OF LITERATURE
Novotny (2003), in an essay published in the Seattle Journal of Social

Justice, expressed worry that gender neutral rape laws would lead to negative
consequences for female victims of rape and calls this a "backlash against
feminism." Novotny's article is titled "Gender Neutral Rape Laws Would
Lead to Negative Consequences for Female Victims of Rape."17
Winn (2011) places a strong emphasis on the role that the media plays in
perpetuating the untrue idea that strangers are more likely to commit the
crime of rape than acquaintances. As a result, "society as a whole gets a
misconception about the reality of rape and what defines the "average" rape
from the slanted depiction that is given in the media. In light of this, it is of
the utmost need to educate women about the realities of the crime of rape.
Literacy in the media is one of these platforms that can contribute to the
successful completion of such a project. "analytical tools required to
critically evaluate and communicate messages in various mediums" is what
is meant by the term "media literacy."
In his article "Projansky (2001)," the author discusses, with reference to a

variety of American films, the many motivations, logistics, and repercussions
that lie behind the commission of rapes. If a woman appears to be powerful
17
and independent, predators are more likely to rape her in the hopes of
transforming her into a meek and helpless human being. According to the
plots of several other films, the horrible event occurs as a direct result of the
girl's decision to go away with her boyfriend, which causes her to betray her
parents.
Asaah (2007) conducts research on the prevalence of rape in order to

illustrate the extreme gravity of the problem and attract our attention to it.
Regardless of the specifics of the situation, rape will always be a common
occurrence that cannot be prevented. The purpose of this study is to provide
a description of the repeated appearance of imagery of rape in literature, with
specific attention to novels written in African languages.
Arvind Narain (2013), writing a commentary on the Criminal Law

Amendment Bill, 2013, in an article published in the Economic and Political
Weekly, quotes "There are no known instances in India where women have
committed sexual assault upon men and the proposal to make sexual assault
gender neutral in noncustodial situations is not based on any empirical
evidence."
By taking a qualitative approach to their research, Durosaro and Omotosho

(2009) attempt to study the myriad of reasons for and consequences of
intimate partner violence on Nigerian women. In the community of Nigeria,
domestic violence is a pervasive practise that is commonplace. The
vulnerability of women to the rape, assault, and beating at the hands of their
husbands results in considerable harm to the women's bodies as well as their
personalities. Surprisingly, however, the husbands who are suspected of
committing such assaults are not punished by the laws of Nigeria since the
laws do not consider them to be guilty.
Tsun-Yin Luo (2000) covers the interview of 35 rape survivors in order to

observe and analyse the harrowing events that these women were forced to
go through. The interviews were conducted in order to learn more about
these women. The study also takes into consideration the ways in which
these upsetting encounters have managed to be maintained in the culture that
is generally accepted in China.
Section 375, IPC,1860 defines rape as follows:
“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: —
(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.”
As a result, Section 375 defines the circumstances under which an act

constitutes rape. Nevertheless, there is a loophole in this statute, which states that
"Sexual intercourse by a man with his own wife, provided that the wife is not
under the age of fifteen, is not considered to be rape." As a result, rape that occurs
within a marriage is not regarded as a criminal offence. Surprisingly, it appears
that expressions such as "against her will" and "without her consent" have lost
their meaning in relation to compelled sexual intercourse with the wife.
In India, laws pertaining to marital rape have a limited and insufficient range of
coverage. The Indian Penal Code makes an exception for rape committed against
a spouse and only deems it a crime in such cases where the victim's wife is
younger than 15 years old.5As a result, there is no lawful protection provided,
against forced sexual intercourse, to a wife after the age of 15 years, which is
contrary to the directives for human rights.
The patriarchal structure in society has always considered women as an

insignificant possession of her significant other or possibly guardian. This has
been the case since the beginning of time. As a result, rape was simply
understood to be the act of stealing women from their so-called "owners," and
because of this idea, the bodies responsible for drafting laws do not take the crime
of spousal rape into consideration.
Therefore, engaging in sexual activity has come to be regarded as one of the

rights or privileges that come with marriage.6 This approach has reduced women
to being little more than a protest of their husbands' want to be sexually satisfied,
completely neglecting their right to equality and consistency.
This philosophy can be traced back to Sir Matthew Hale, who provided an
explanation as to why marital rape is not considered to be a criminal offence. He
supported his position with a number of different arguments. In this post, we are
going to conduct an in-depth analysis of the justifications that he has provided.
The following is a list of the justifications that were provided: The contract
theory, which views marriage as an agreement between a man and a woman, and
the consent theory, which postulates that consent to marry is also consent to
engage in sexual activity, as well as problems with proving a lack of consent and
a fear of making false accusations. Both of these theories assume that a woman
automatically consents to engaging in sexual activity the moment she marries.
According to what Hale has said, the institution of marriage signified an

unchangeable permission on the side of the woman for the physical connections.
This contention serves as the pivot point for the legislation that is still in effect
today.18
Because sexual activity is inextricably linked to the institution of marriage, an

individual's assent to the marriage itself serves as tacit permission to engage in
sexual activity. be a result, a husband is not obliged to seek a new consent for
sexual intercourse each time, and the ability to compel sexual intercourse has
been referred to be a marital right of a husband.
18
Despite the fact that these arguments were offered during a time when marriage
was thought of as an irrevocable bond, this is no longer the case today. Despite
this, it would appear that the justifications continue to be acceptable to the
legislative body.
Marriage is an institution that goes well beyond the basic act of sexual
cohabitation. The foundation of any human relationship is a connection that was
forged through love and confidence in one another. If a woman is raped when
they are married, not only is this a violation of her body and the control she has
over it, but it is also a violation of the confidence that she places in her marriage.
The emotional scars that are left on a woman by rape during an intimate
relationship are something that has been disregarded by legislation, despite the
fact that rape during an intimate relationship has a physical impact on the woman.
In a marriage, a woman gives her agreement to her partner's companionship, trust,

and cohabitation, and she looks to her partner for protection above all else. To
provide an exemption for rape within a marriage, on the other hand, not only
distorts the meaning of consent but also ignores the violation of the trust and
sanctity that is inherent in marriage. 19
In the case RIT foundation v. Union of India, the Delhi High Court did an
excellent job of addressing this issue.9 The panel of judges, which included the
Acting Chief Justice Gita Mittal and C. Hari Shankar, came to the conclusion that
"Marriage does not mean that the woman is always ready, willing, and consenting
(for the establishment of physical relations)," as stated in their ruling. It is up to
the male to provide evidence that she gave her assent for the act. Therefore,
giving one's consent to get married cannot be taken as giving one's agreement to
any and all subsequent sexual encounters. If a guy does not take into account the
19
consent of his partner, he should be held accountable.
In addition, assuming that agreement to marriage constitutes consent to all forms

of sexual activity comes into focus the ideas of prolonged and implied consent.
The judiciary has made it very plain, via a number of different judgements, that in
order for a sexual encounter to be regarded as consensual, there must be a
communication from the woman that is described as "unequivocal."
According to Explanation 2 of Section 375, the definition of consent is "an

unequivocal voluntary agreement when the communicates willingness to
participate in the specific sexual act." This willingness can be communicated
through words, gestures, or any other kind of verbal or non-verbal
communication. Those who contend that permission to marry should be
interpreted as consent to all sexual encounters typically omit the word "specific"
that is included in the explanation.
In the event that a woman has been raped, her prior permission to any sexual
action or flirtation cannot be taken into account as an indication that she gives her
consent to any and all future sexual acts. As a result, the judicial system has
repeatedly emphasised the importance of obtaining new consent for each and
every'specific' sexual conduct. Why does this theory not find any application
within the context of the institution of marriage? As a result, the marital rape
exception attempts to breach the most fundamental idea of consent, and as a
consequence, it very much meets the criteria for being considered rape as outlined
in Section 375's first and second conditions.
The 'proof challenge in establishing lack of consent' is one of the additional

arguments that Hale provides, among other justifications. He contends that
demonstrating that the woman did not give her assent in the case of marital rape is
the most difficult obstacle to overcome.
This argument rests on two premises: first, that the consent of marriage can be
interpreted as consent to sexual intercourse; and second, that it is difficult to
prove that the wife resisted the sexual intercourse. Both of these premises have
been examined previously. However, despite the fact that this "lack of consent"
dilemma is a significant obstacle, the most difficult obstacle to surmount is not
the absence of proof but rather the tendency of the judicial system to be sceptical
of a marital rape claim. This inclination must be disproved by providing
corroborative proof, such as indicators of bodily injury or resistance, or the
judiciary will not accept it. This narrow perspective on how the absence of
evidence might be proven ignores the many other circumstances under which rape
can be committed within the context of a marriage. As part of its consideration of
petitions seeking to criminalise spousal rape, the High Court of Delhi made the
observation that it is not required for rape to involve the use of physical force
because a man can rape his wife by subjecting her to financial pressure in order to
coerce her into having sexual relations with him. "The use of force is not a
prerequisite for committing rape.
If a man puts his wife in a difficult financial situation and tells her that he will not
provide her money for the expenditures of the house and the children unless she
has sex with him, then the woman will feel she has no choice but to give in to his
demands. After some time had passed, she brought a rape charge against the
spouse; the judge asked what would happen next.
It is not possible to state with absolute certainty that physical force will always
come before rape. When it comes to matters of the heart, or the institution of
marriage, to be more specific, physical coercion is not the only method a woman
can be compelled to engage in sexual activity against her will against the terms of
a relationship. As a result, the courts ought to take into consideration a variety of
additional aspects of domestic violence.
The fact that the victim is expected to provide all of the evidence is another factor
that contributes to the difficulty of establishing that she did not give her
agreement to the act in question. This is one of the primary reasons why rape
victims have not been successful in having the courts decide in their favour, or
even worse, why they have not even been able to access the courts in the first
place. It was entirely up to the lady to provide evidence that she had not given her
permission for the sexual activity that was in question. On the other hand, in the
case of Karnel v. State of MP, the court ruled that a woman should not be viewed
as an accomplice in a rape case but rather as a victim of the crime. This decision
was made because the court believed that this would be more appropriate. It is
inappropriate to approach her testimony as a victim with the same level of
mistrust as one would approach the testimony of the criminal.In today's legal
system, rape is one of the very few offences for which the offender bears the
burden of proof in demonstrating that the victim gave her agreement to the act.
It is only fair to place this duty on the accused in cases of marital rape as well,
given that it has already been placed on the accused in cases of rape committed
against unmarried victims. Instead than treating a married woman with suspicion,
she should be handled in the same manner as any other rape victim who has
suffered from both physical and mental assault.
Even if the burden of proof is changed in cases of marital rape, there will still be
another issue that needs to be resolved, and that issue is whether or not to believe
the woman's testimony rather than the testimony of her husband. In the case of a
rape committed against an unmarried woman, the court has, on multiple
occasions, questioned the lack of consent on the grounds that the victim had a
sexual history with the perpetrator. When it comes to situations of marital rape,
the problem becomes more complicated because the woman, in the vast majority
of instances, has a sexual history with the husband, and as a result, the court tends
to lean towards presuming permission was given.20
In the case of Haryana v. Prem Chand, this presupposition was dissected in great
depth during the proceedings.15 The Supreme Court of the United States heard
the appeal that was submitted by the appellants in this case and decided that a
woman's sexual history, character, or any conduct from her past cannot be used to
assess the validity of her testimony. This decision was reached after the court
heard the appeal that was filed by the appellants.21
After the horrific gang-rape case that took place in Delhi in 2012, this idea also
found a home for itself in the legal books. The 2013 Criminal law (amendment)
bill, which was passed following Mukesh & Anr vs. State for NCT of Delhi &
Ors.16, de-recognized the victim's sexual history and imputed a lack of consent in
rape cases, thereby providing an objective criterion for evaluating consent. The
bill was passed in response to the court decision Mukesh & Anr vs. State for NCT
of Delhi & Ors.16.17
Therefore, it is necessary for the legislature and the judiciary to treat a victim of
20
21
marital rape in the same manner as any other victim of rape and to refrain from
equating the perpetrator with the victim in order to minimise the gravity of the
crime.
Marital rape was included in the definition of domestic abuse in the Protection of
Women from Domestic abuse Act, which was signed into law in 2005. The
statute removes the offence of raping a spouse from the purview of Section 375
entirely. According to the statute, in the event of marital rape, a woman has the
legal right to seek divorce from her husband and can do so by going to court.
Because of this, a crime that not only causes bodily harm but also undermines
faith in the sacred institution of marriage is being reduced to an act of physical
aggression. It cannot be allowed that the legislature and the court will gloss over
the seriousness of the crime. These regulations are based on the fundamental idea
that when a woman consents to being a part of a marriage, she also consents to
every sexual intercourse that may follow after that. Therefore, does this imply that
giving one's assent to engage in sexual activity with another person even once
constitutes that person's perpetual consent? Is having a spouse a green light to
commit rape?
A concern that continues to be raised in relation to the issue of rape in the context
of marriage is how a woman is expected to protect her right to life and freedom
when the law does not permit her to protect her right to her body within the
context of marriage. It was in the case of Francis Coraille Muin v. Union territory
of Delhi19 that the concept of a woman's right to life was brought to light under
Article 21. Marital rape is a blatant violation of a woman's right to live with
human dignity.
It was also in this case that the Right to life was underlined. In this particular
case, it was decided that Article 21 also includes the right to live with human
dignity along with everything else that comes along with it. In a multiplicity of
cases, the Supreme Court has reached the conclusion that rape is a kind of abuse
and violates the victim's right to live with human dignity. However, if a woman is
married and her spouse is the one who perpetrated the act of rape, the court does
not appear to give any consideration to the human dignity of the woman.
In judgements such as Bodhisattwa Gautam v. Subhra Chakraborty, the court

determined that rape is not only a sexual offence, but also an act of animosity
towards the victim. As a result, the marital rape exception was in violation of the
right of a spouse to live with human dignity and gave a husband the authority to
engage in a sexual intercourse against his wife's will as a matter of right.
Failure to Recognise Victims of Sexual Assault in Marriage: A Constitutional

Breach whether with a Minor or with A Major
Marital rape not only violates the right to live with human dignity but also
flagrantly exploits the right to have one's own bodily autonomy. Even though this
particular right is not mentioned directly in the Constitution, it is nonetheless
protected within Article 21's broader umbrella. The concept of this right is
predicated on the assumption that an individual should have primary control over
decisions that primarily affect his or her body or prosperity.
This right applies to the most personal of concerns, such as one's ability to
manage their own body. In the case State of Maharashtra v. Madhukar Narayan
Mandikar, the Supreme Court of India acknowledged the reality that an individual
maintains control over his or her own body. It is unfortunate, however, that the
court has not yet included spouses in the scope of this ambit. It is unacceptable
for a husband to violate his wife's bodily integrity in the name of the marriage,
but it is acceptable for a stranger to abuse a woman's body in the name of rape or
prostitution. The judicial system must realise that the act of raping a victim does
not become null and void just because the victim is married to the perpetrator of
the act.
JS Verma Committee report stood in congruence to this idea and recommended

that Marital Rape as an exception should be removed and marriage should not be
considered as a prolonging act of irrevocable consent. Therefore, in a case of
whether a sexual activity happened with or without consent, should not consider
the relationship between people as an excuse. Despite this, the recommendations
regarding rape within marriage were never accepted nor worked upon.
RIT foundation and All India Democratic Women's Association brought up this
matter again in a petition that they sent to the government. It was argued by the
NGO men welfare trust that in order to establish the crime of rape, there needs to
be proof that force was used. The Hon'ble High Court of Delhi gave careful
consideration to this case and heard it in great detail. The court made the
observation that the use of force is not an essential prerequisite for the
commission of rape. The court also came to the conclusion that marriage does not
confer the right to engage in sexual activity and cannot be considered equivalent
to permission for all and all forms of physical interaction.
Article 14 of the Constitution ensures the fundamental right that "the State shall
not deny to any person equality before the law or the equal protection of the laws
within the territory of India." Article 14 protects an individual from being
discriminated against by the state because it states that the state "shall not deny to
any person equality before the law or the equal protection of the laws within the
territory of India."
When it comes to protection from rape, however, the exception that may be found
in Section 375 of the Indian Penal Code from 1860 is discriminatory towards a
wife. As a result, it is possible to draw the conclusion that the exemption that is
given for in Section 375 of the Indian Penal Code, 1860 does not constitute a
reasonable classification, and as a result, it is in violation of the protection that is
promised in Article 14 of the Constitution. Every citizen has the responsibility, as
stated in the Constitution, "to renounce practises derogatory to the dignity of a
woman"25; yet, it would appear that domestic violence and marital rape do not
fall under the definition of the term "dignity."
"non recognition of marital rape in India, a nation set upon the bedrock of
equality, is gross double standard and hypocrisy in law which is central to the
subordination and subjugation of women," the additional sessions judge Kamini
Lau stated while hearing a case against a man who was accused of forcing his
wife to participate in unnatural sex. 26
It is high time for India, a country that is famed for its values and morality, to take
a stand against the immoral and illegal treatment that is provided to women. The
laws that are founded on beliefs that no longer hold any reference to today's
society and therefore need to be eliminated.
GENDER NEUTRALITY IN RAPE LAWS IS AN IMMEDIATE
REQUIREMENT
Lack of gender neutrality is another limitation that makes the Indian criminal
justice system ineffective in rape laws. According to Black's Law Dictionary, the
word 'Neutral' means 'indifferent; impartial; not engaged on either side.' 27
Therefore, gender-neutrality refers to the fair and unbiased treatment of men and
women. This article emphasises on the concept of gender-neutrality as an idea
that the legislature and the judiciary should avoid distinguishing roles accordance
with gender.
In India, rape is recognised as a crime that can only be committed by a man

against a woman. This means that a perpetrator is always a man and a victim is
always a woman. Although it is acknowledged that this definition of rape has
been built based on the experience of the society over a period of time, there is a
need for change in the particular law due to the change in the dynamics of the
society today. The definition given in Section 375 of the Indian Penal Code
In its 172nd report, the law commission recommended that the law be amended to
broaden the definition of rape. The Commission had previously recommended
that rape be substituted by sexual assault as an offence. Such assault included the
use of any object for penetration. It also acknowledged that there had been an
increase in the number of sexual assaults committed against boys.
The requested amendments were aimed at broadening the definition of sexual

assault so as to cover incidents that did not involve penile-vaginal penetration.
The Ministry of Home Affairs released a draught of the Criminal Laws

Amendment Bill in 2010 that attempted to redefine rape. The draught provisions
substitute the offence of rape with "sexual assault." Sexual assault is defined as
the penetration of the vagina, the anus or urethra or mouth of any woman, by a
man, with (i) any part of his body; or (ii) any object manipulated by such man
under the following circumstances: (a) against the will of the woman;
These prejudices and the lack of legal recognition force the victims to live in
silence. Many victims in the past have turned to social media to bring to light
their experiences. One of the most glaring examples is the incident of Vinodhan, a
boy from Chennai who shared in Gang rape incident at an age of 18 years.33
Another such incident was in September 2014, where a Mumbai-based
transgender was raped and video graphed by three police officials at Ajmer
Darghah Police Station
Erection and Informed Consent Implied
People have the misconception that a man cannot have an erection while being
sexually assaulted by another person. This misconception has led to the myth that
if a man has a physiological response to a sexual intercourse, that is a sign of his
consent, and it is mistakenly taken to mean that he was enjoying it. This myth was
debunked in the case of R v. R.J.S., in which a Canadian court held that when a
male victim maintains
This judgement was heavily criticised for interpreting an erection as prima facie
evidence of consent. The very idea of considering an erection as a sole response
of arousal is completely flawed. Such ideology upholds the stereotype that'men
always want sex'. In response to this misinterpretation, it has been argued that
many times victims ejaculate out of anxiety or in order to put an end to the assault
by making the offender believe that it is over. 22
22
i. This is a response like this one could be a manifestation of what's known as a
"generalised body reaction to an emotional turmoil."
ii. Such responses may have biological roots, which is to say that while sexual
responses are influenced by the brain, they are mediated through the spinal cord
and function independently. As a result, a sexual response that is determined by
spinal cord discharge without control is possible when one is "paralysed with
fear."
iii. Response may be a natural reaction to the victim's concern, or it may be a

reflection of some other previous role in the victim's subconscious.
This proposition demonstrates that a physiological response of the victim is not a

proof of consent or enjoyment against the sexual act. This proposition explains
how the stereotype that'men always want sex' is flawed and disrespectful to the
plight of a victim, and how it overlooks a victim's agony on the basis of sex.
People believe that a woman can never commit rape against a man because of
reasons such as physical force and stereotypical outlook towards men. However,
in a survey carried out by Centre for civil society, they interviewed 222 men, out
of which 16.1% reported that they had been coerced or forced into sex as an adult
by a woman. This is another factor that needs to be studied in the case of rape.
Gender neutrality in the context of the perpetrator has been the most contentious
issue. "Men cannot be raped by women because it is physically impossible."
However, India no longer recognises rape with the same definition. Now it also
includes insertion of foreign objects, oral and anal penetration as well.41 This
means that a woman can be said to rape a man. The second argument that people
make against gender neutrality is that even if penile-vaginal penetration is kept as
a requisite, erection cannot be considered as arousal or consent. This argument is
based on various studies that have shown that erections "There have been no
cases of females committing rapes against males."
There have been reports of males being raped by women, but Kavita Krishnan
thinks that this is not a significant issue in our society.43 This is an argument that
is riddled with errors.23
Although I agree that in male rape, majority offenders are men, however, there
are instances of women perpetrators which cannot be ignored. There have been
surveys that have substantiated the same.44 Although I agree that in male rape,
majority offenders are men, however, there are instances of women perpetrators
which cannot be ignored. In 2015, Lara Stemple, Director of UCLA's Health and
Human Rights Law Project, came across a statistic that surprised her: in incidents
of sexual violence reported to the24
"Gender-Neutrality in Rape Law is Anti-Women?"
23
24
It is well known that male rape is way less in occurrence as compared to female
rape, however, it is not non-existent. For example, while the rate of rape in
women is 1 in every 5 women, the rate in men is 1 in every 71 men.47 It is
understood that rape has been a crime committed against women at an
unacceptable rate, and as a result, women have faced stigma, fear, and have lived
in secrecy as a result of the crime
Introducing gender neutrality is not motivated by the desire to undermine the

feminist movement; rather, it is motivated by the desire to protect the
fundamental rights of men as well. Since article 14 enshrines the Right to equality
and article 15 prohibits discrimination on the grounds of sex, men ought to be
entitled to the same rights as women and ought to be provided legal recourse
against rape.
Due to the lack of legal recognition, there has been no official or documented
research on male or transgender rape. However, the National Crime Record
Bureau (NCRB) has tabulated some statistics related to crimes against men under
various categories such as kidnapping and abduction for a variety of purposes
such as prostitution, illicit intercourse, slavery, and so on.
Therefore, it is high time that we address the problem of male rape. There are
consequences that male victims have been facing due to the lack of legal
recognition. If a man is raped, especially by a woman, he is not considered as
a'real man.' This not only stigmatises a man's life but also encourages patriarchy
both in a man and a woman's wife. Male rape also brings to light the fact that
patriarchy is not
The question of whether a woman can be charged for a woman's rape was first
raised in Priya Patel v. State of M.P. It was a case where a woman was gang raped
and the gang in question included a woman. The language of section 376(2)(g) is
"whoever" commits gang-rape; thus, there is no specific perpetrator mentions,
making it difficult to prosecute. However, it is essential to talk about gender
In spite of this explanation, the court decided that a woman cannot have the
intention to rape another woman and that it is inconceivable that a woman could
rape another woman.51 The reasoning given by the court is flawed as the section
completely talks about the 'common intention'. When the High court stated that a
woman's modesty can be outraged by another woman, then why cannot a woman
rape another woman?
In addition, the need for gender-neutral rape laws has become an urgent affair
after the section 377 verdict given by the Supreme Court, which decriminalised
consensual same-sex relations. Including a male on male rape as an offence under
'unnatural sex' could have been called justified until the same-sex relations were
criminalised; however, as the Supreme Court has now recognised these relations,
it has become all the more pertinent to address these relations in the same way as
we.
FINDINGS
The numerous realities of sexual assault, including rape, committed against

women in the current scenario were brought to my attention. A terrible
institution like rape serves men's interests by helping them maintain their
hegemonic position as the superior gender to women. Beating, beating,
molesting, abusing, and other forms of violence against women are important
tactics that are used to maintain a condition of terror and submission in
women in order to have an easier time exercising control over them.
Being muscularly powerful gives males a sense of superiority, which leads
them to believe that they can dominate society according to their own free
will and coerce women into giving them any and all kinds of favours,
including sexual ones. This gives rise to a superiority complex in men. As a
result, a significant imbalance emerges, which results in a split between the
sexes, with one gender playing the role of the aggressor and the other playing
that of the victim.
It has also discovered that the government and other social agencies are
attempting to participate in controlling the frequent occurrence all across the
world; however, the graph of sexual violence, rape to be precise, is still
climbing in India. Despite these efforts, the frequency of sexual violence, rape
to be specific, is still increasing in India. In India, there has been an ongoing
problem with rapes committed against women who are impoverished, belong
to a lower caste, are tribal, or are working independently.
It has been discovered that there are several inconsistencies in the lawmaking
process, and it is obvious that the number of rapes that take place has
continued to increase at an alarming rate as a result of this. The fact that there
is a great deal of work that needs to be done in this area and that there is an
immediate need to locate some effective solutions to assist women and protect
them from the adverse effects is a significant factor.
Re-examine the Concept of Consent Within the Context of Marriage
Given that we have explored how the marital rape exemption is founded on the
view that permission to marry is agreement to participate in sexual intercourse,
we urge the courts to address and reevaluate this definition. Specifically, we
demand that they take into account the implications of the assumption that
consent to marry is consent to engage in sexual intercourse.
In the same way that obtaining fresh consent before to each sexual encounter is
necessary for sexual encounters that take place outside of marriage, the criteria
for obtaining consent within marriage should be the same as those used outside of
marriage. This move will not only offer women the right to make decisions
regarding their own marriages, but it will also restore their dignity and provide
them a sense of safety within their partnerships.
The judgement that was made in Karnel vs. State of Madhya Pradesh53, which
said that rape is a crime, should be applied in the courts.
Even in the case of victims of marital rape, the victim's testimony should not be
viewed with suspicion, and she should not be considered a collaborator in the
crime. As was previously said, the difficulty in providing evidence of a rape that
occurred within the context of a marriage is seen as a barrier to the acceptance of
marital rape as a criminal offence.
This shift in perspective will make it easier to hear about incidents involving rape
within marriages. It is appropriate that the accused partner bear the burden of
proof in situations of marital rape, just as it is in other types of rape proceedings.
The Urgent Need for Societal and Cultural Shifts
1. Patriarchy
Not only do we need to make changes to our legal system in order to get rid
of issues such as the marital rape exemption and sex-specific rape legislation,
but we also need to make adjustments to our social structure. The patriarchal
structure of Indian society dates back centuries. And because of patriarchy,
not only have women been reduced to the status of chattels and subordinates
of men, but toxic masculinity has also been enslaved among the ranks of men.
Getting away of patriarchy as a society will not only grant women the right to
be recognised as equals, but it will also eliminate crimes such as rape and
domestic violence, and it will allow women to live a life in which they are not
judged or fearful of the future. In addition, it will give males the opportunity
to live a life in which they are not required to conform to the definition of
social biases.
It is a system similar to patriarchy that has reduced women to the status of

chattel in their marriages, which has led to legal loopholes such as the marital
rape exception. In addition to this, the social system has perpetuated harmful
assumptions about males, such as "men cannot be physically raped" and "men
always want sex," which have shut the door on male rape victims.
It is now time for the judicial system to stop basing its decisions on the beliefs
of the general public.
2. Changes to the Educational System
It is not enough to just make changes to the laws or bureaucracy of a society;

the people themselves need to be transformed as well. Children should start
learning about gender sensitization at a very young age and should be
conditioned in such a way that they do not discriminate someone on the basis
of sex. This involves recognising the differences between the sexes but not
using them as a premise to exploit any of them. It is vital that children learn
about gender sensitization and should be conditioned in such a way that they
do not discriminate someone on the basis of sex.
Educating All Members of the Legal System on the Importance of Gender

Sensitivity
In addition to revising the definition of what constitutes a violation of the law

on rape, we need to educate the entire judicial system so that it is better
equipped to deal with the India of today. It is essential to guarantee that the
police, who are typically the first authority in the legal system to which
victims turn for help, are properly educated before proceeding. On the other
hand, because instances of police indifference are so common, it discourages
victims from coming forward with their experiences.
The Stern Review was established in the United Kingdom (UK) in order to
investigate a number of concerns regarding the country's current criminal
justice system.54 The response of public authorities to reports of rape, as well
as proposals to support those who have been victimised, were among the most
pressing concerns that were discussed. According to the report, the police
officials' attitudes have changed, but the investigation also demonstrated that
the implementation of these changes into their legal obligations has not been
successful. It is essential that the system of justice not be centred on the
method, but rather on its goal, because in the rush to adhere to the system, the
victim is overlooked. The terrible reality that male rape victims seeking
treatment have been turned away from rape crisis centres has been further
supported by additional research. This is due to the fact that there are no
systematic measures in place, despite the fact that these centres are publicly
financed by the Ministry of Justice in the United Kingdom.
A case such as the rape of Bhanwari Devi in India has shed light on the
cavalier and callous actions of the police force there. In the case of Bhanwari
devi, the insensitivity with which this problem was handled is demonstrated
by the fact that the police demanded the submission of the skirt that she was
wearing while also failing to provide her with replacement attire. In addition
to this, the vaginal swab was collected after more than forty-eight hours,
when the criteria for this action is that it be completed within twenty-four
hours.25
In light of the fact that judicial officers typically lead very secluded lives, it is
essential to sensitise them in order to prevent them from developing restricted
perspectives. During the investigation into the rape of Bhanwari Devi, there
was an ugly event in which people projected their narrow ideas. During the
process of dismissing the case, the Judicial Officer of the trial court made
some observations for the purpose of acquitting the accused, which would
make the predicament of a rape victim even more difficult. The head of a
village is not allowed to rape, men of different castes are not allowed to take
part in gang rape, a man from a higher caste is not allowed to rape a woman
from a lower caste for reasons of purity, and Bhanwari Devi's husband could
not have quietly watched his wife being gang-raped, among other such
ridiculous reasons that were given to justify the acquittal of the accused.26
Incidents of this shameful nature demonstrate how reclusiveness not only

impairs the mental outlook of a judicial official but also makes those seeking
25
26
justice vulnerable to behaviours that are irrational. In order to make our legal
justice system open and sensitive, it is essential that our legal machinery be
well aware of gender sensitization and begin practising it. This will allow us
to make our legal justice system open and sensitive.
CONCLUSION
This project provides an analysis of the necessary adjustments that should be

made to rape legislation for Minors. Following the conversation that took
place above, we have attempted to stress the need of making it a crime to
commit rape within a marriage in order to address the problems that are
experienced by victims within marriages. Courts and even the Law
Commission have often examined the need to criminalise marital rape and the
risks associated with failing to do so, as well as the potential benefits of doing
so. It is far past due for the legislature to take action in response to the
suggestions made by the Law panel in its 172nd report. The concept that a
wife is her husband's chattel is the foundation for the exemption that is
provided for rape that occurs within a marriage. This view contributes to the
perpetuation of the inequality that is caused by the patriarchal system.
Marriage is seen as more of a partnership or a relationship between two
equals in today's society. Therefore, it is necessary for both partners in a
marriage to have an equal say in all of the decisions that are made. In
addition, the idea of consent ought to be maintained as a central tenet within
the context of a marital relationship, and the notion that agreement to marry is
also consent to a sexual relationship ought to be called into question.
The elimination of the marital rape exemption will give women a way to get
relief from the anguish they are experiencing, and the legal acknowledgement
of the issue will further educate the populace about the scope of the problem
by reducing the likelihood that victims will fail to report it.27
Another topic that has been brought up is the necessity of maintaining gender
neutrality in rape laws. Despite the fact that the incidence of male rape is far
lower than that of female rape, the problem of male rape still needs to be
acknowledged by the law. This is true despite the fact that the incidence of
female rape is vastly higher.
The patriarchal beliefs that "men cannot be physically forced" or "men always
want sex" have placed a stigma to many of the victims who have been
affected by this type of crime. Not only has patriarchy led to the subjugation
of women, but it has also compelled men to conform to the social norms that
it has established.
As a result of the toxic masculinity that was imposed on them, many men
have chosen to remain silent. Violent offenders must be held accountable for
the crime of rape, which is carried out against defenceless victims (whether
male or female) and leaves an indelible stain on the victims' lives. The courts
are required to take into consideration the reality that a woman can rape a
man and a man can be raped, which has been called into question in a few
cases. According to the authors, the lack of gender neutrality in the law denies
the existence of crimes that are being committed and deprives victims of any
legal redress; as a result, there is an immediate need for gender neutrality in
the law.
27
CHAPTER – 3
INCREASING RAPE ON MINORS AND PSYCHOLOGY OF RAPISTS
It has been observed that the number of incidents of rape on kids has been
increasing over the past few years, as well as the overall number of cases of
rape in India, which continues to rise each year. This article focuses on the
study of the cases of rape on minor girls in the country and aims to understand
the mentality of criminals who commit rape on minors. The cases of rape on
minor girls are studied throughout the essay.
As a result of the fact that not all of those who commit the crime of rape have
the same psychological make-up and that they do not all have the same
motivations for committing the crime against a young woman, one of the
challenges that arises is trying to comprehend the various psychological
make-ups of those who do the crime. When it comes to punishing and
rehabilitating an offender, it is necessary to first have an understanding of the
offender's mental state so that an appropriate punitive, therapeutic, or
preventive approach can be taken.
In India, rape is the fourth most common type of crime committed against
women. It is believed that roughly 35 percent of women in every region of the
world have, at some point in their lives, been the target of sexual harassment
of some kind. Less than forty percent of women who have been the victims of
sexual violence seek assistance, according to the majority of countries that
have data on rape available for study.
Fewer than 10 percent go to the authorities for assistance. It is difficult to

accurately quantify the number of women who have been raped due to the
fact that many of those who have been raped do not report their experiences
or speak out about them.
According to the most recent data that was collected by the NCRB, there were
over 1.75 lakh cases of rape reported in the country between the years of 2014
and 2018. The state of Madhya Pradesh registered the greatest number of
cases over this entire time period. In recent years, there has been an increase
in the number of people who are prepared to report rape as a result of multiple
instances of rape receiving broad media exposure and triggering public
outcry. As a result, the Government of India revised its penal code to include
new provisions for the offences of rape and sexual assault.
This brand new act The Protection of Children from Sexual Offences Act,
2012 was passed in India in order to protect the rights of children. The new
Act[i] provides for a number of offences that fall under the category of which
an accused person can be penalised. A individual who is younger than 18
years old is considered a child according to the statute. It takes into account
only the child's biological age, ignoring the factors that go into determining
the child's mental age. The new law not only criminalises acts of immodesty
committed against children, but it also recognises and criminalises forms of
penetration other than penile-vaginal penetration.
The behaviour in question is gender-blind. When it comes to pornography, the

Act makes it illegal to either watch or collect pornographic content that
features children. This includes watching it or collecting it. The Act makes it
a criminal to aid or abet the sexual abuse of a minor. In addition to this, it
provides for a variety of procedural improvements, which will make the
arduous process of having a trial in India significantly easier for children. The
Act has been criticised due to the fact that its provisions appear to criminalise
consensual sexual intercourse between two people younger than 18 years old.
Abuse of Children & Young People
The majority of sexually violent offenders are men, and the majority of their
victims are women. As a result, rape is a highly gendered form of violence,
and the majority of its victims are women. The most prevalent type of
violence committed against women is rape, which has always been ingrained
in human civilization. It is a serious breach of a woman's bodily integrity and
can even be considered a form of torture.
While the United Nations continues to advocate democracy as the ideal

system to preserve the dignity and rights of women, India, the largest
democracy in the world, fails to protect the women of its nation. This article
focuses mostly on the victims of rape who are under the age of 18 and how
elements of criminal psychology play a significant part in the commission of
this crime.There are a number of different ways to address the issue of how
someone should be punished for an offence that they have committed.
Following the commission of a criminal act, one of three possible sorts of
replies may occur:
The conventional response of nature as a whole, often known as the punitive
method. It views the offender as a famously dangerous person who needs to
be subjected to severe punishment in order to protect society from the harm
that he causes via his criminal activities.
The therapeutic approach is the other method that can be taken. The offender
is seen as a sick individual who needs treatment under this theory. For the
purpose of rehabilitating the offender, the appropriate treatment as well as the
appropriate punishment should be administered.
The third strategy is known as the preventative approach, and its goal is to
eradicate from society the factors that were found to be responsible for the
onset of criminal behaviour.
Several Cases of Sexual Assault Committed Against Young Girls in India
The Mathura Rape Case in the state of Maharashtra, in which a teenage

Adivasi girl was kidnapped by several policemen and in which the convicted
were acquitted by the Supreme Court creating an uproar on a national scale
and through which the feminist groups themselves were able to come together
across the country for the first time, was the catalyst that set everything in
motion.
Justice Anand's landmark ruling from January 11, 1994, which upheld the
death penalty for a security guard who had raped and murdered a schoolgirl in
a Kolkata flat in 1990, stated that the severity of the punishment must be
proportional to the heinousness of the crime, the actions of the perpetrator,
and the helplessness of the victim. When it comes to minors who have not yet
entered into a marriage, there is no solution, and no amount of punishment
can compare to the anguish they have endured. There are a number of
different ways to address the issue of how someone should be punished for an
offence that they have committed.
Following the commission of a criminal act, one of three possible sorts of
replies may occur:
The conventional response of nature as a whole, often known as the punitive
method. It views the offender as a famously dangerous person who needs to
be subjected to severe punishment in order to protect society from the harm
that he causes via his criminal activities.
The therapeutic approach is the other method that can be taken. The offender
is seen as a sick individual who needs treatment under this theory. For the
purpose of rehabilitating the offender, the appropriate treatment as well as the
appropriate punishment should be administered.
The third strategy is known as the preventative approach, and its goal is to
eradicate from society the factors that were found to be responsible for the
onset of criminal behaviour.
Several Cases of Sexual Assault Committed Against Young Girls in India
The Mathura Rape Case in the state of Maharashtra, in which a teenage

Adivasi girl was kidnapped by several policemen and in which the convicted
were acquitted by the Supreme Court creating an uproar on a national scale
and through which the feminist groups themselves were able to come together
across the country for the first time, was the catalyst that set everything in
motion.
Justice Anand's landmark ruling from January 11, 1994, which upheld the
death penalty for a security guard who had raped and murdered a schoolgirl in
a Kolkata flat in 1990, stated that the severity of the punishment must be
proportional to the heinousness of the crime, the actions of the perpetrator,
and the helplessness of the victim. When it comes to minors who have not yet
entered into a marriage, there is no solution, and no amount of punishment
can compare to the anguish they have endured.
A man who lived nearby and was 40 years old raped a baby girl who was 21
months old and was from her neighbourhood in the Gandhi Nagar district of
Delhi on May 10, 2017. The girl's father was familiar with the man who
frequently allowed him to play with his infant daughter. On this particular
day, however, the man discovered the infant alone and proceeded to sexually
assault her for several hours until her father returned home. The infant was
transported to a hospital in the area, where the attending physicians reported
that she was in a severe condition. In a separate incident that took place on
May 10, 2017, in the city of Varanasi, a guy aged 24 sexually assaulted a deaf
and mute girl who was just five years old.
The 'Kathua Rape Case' (2018) involves an incident in which an eight-year-

old girl was raped by eight different males while they were all present in a
temple in Kathua. She was allegedly held captive for several days inside the
temple before being raped, and it appears that this was done as part of an
effort to push the surviving members of the community out of the area.
Another instance, known as the Jind Rape instance (2018), involved the
discovery of the body of a missing 15-year-old girl from Jind, Haryana, in the
nearby village of Jhansa. She had been missing for three days prior to the
discovery of her body. According to the medical findings, she was subjected
to a vicious gangraping attack in the beginning of January, during which her
private parts were mutilated.
An additional horrifying case of rape of a child occurred in the state of

Haryana in the city of Panipat. In this case, an 11-year-old girl was raped and
murdered by two of her neighbours, who then apparently engaged in
necrophilia once they had completed their murderous act.28
An alleged sexual assault took place on a baby girl who was only five months
old on the evening of February 16, 2020. The claimed perpetrator was the
baby girl's cousin brother. The infant was discovered late on Sunday night
and rushed to the hospital, but unfortunately she passed away while being
treated there.
On the evening of April 24, 2020, a girl who was 14 years old was allegedly
raped by three young people, one of whom was a male who was 16 years old.
28
The perpetrators allegedly led her to a school building in a village close to her
house in the Jind region of Haryana and took her there. According to the
authorities, the youngster knew the girl and used some ruse to get her to meet
with him. Against the accused person, a rape charge was brought up in
accordance with the pertinent sections of the Protection of Children from
Sexual Offences (POCSO) Act. The primary suspect, a little boy, has been
taken into custody, and other inquiries are still under way.
When the victim, who was just 8 years old at the time, went to her
neighbourhood on June 9th, 2020, to ask for food, six adults viciously raped
and sexually assaulted her. The police have apprehended all six suspects, two
of them were minors at the time of their arrest. Among the other suspects are
a man aged 75 years old, a man aged 68 years old, a man aged 53 years old,
and a man aged 52 years old. POCSO is also aware of the situation and has
opened an investigation.
The Mentality of Sexual Offenders
The act of raping another human being is a heinous crime, and the effects of
rape not only manifest themselves physically but also manifest themselves
psychologically in the victim. The crime of rape can be committed for a
variety of reasons, including but not limited to feelings of lust, hatred, rage, or
desire for revenge.
However, what is the mental state of the individual who commits the act of
rape, particularly when it is committed on younger victims? In her piece, the
author Yashasvi Kone makes an observation that is spot on: "When we think
about the act of sexual violence against women and what could possibly have
gone wrong, we invariably end up blaming the women and ridiculing them for
falling prey to such an act right before being ostracised." When we think
about the act of sexual violence against women and what could possibly have
gone wrong, we invariably end up blaming the women. Women often
wrongly believe there must be something wrong with them since they were
raped.29
This distorted viewpoint, which is often inflicted on victims, can result in

years of humiliation and, over time, the development of a number of
psychiatric diseases, such as serious depression and, in the most severe cases,
personality disorders. The psychological toll taken on the victim is equivalent
whether the rape was committed by a group or by a single offender,
regardless of the context in which it occurred. The level of physical violence
may or may not vary from situation to situation. The intensity of rapes, in
addition to their increasing frequency, is also getting harsher. However, the
underlying mental illness of the rapist is frequently overlooked in all of the
animosity and fury that is directed towards the rapist and the victim for her
role in bringing such vengeance upon herself.
One question that has troubled many people is, "What is going through the
minds of the men who impose themselves on unsuspecting women of any age,
whether they be young, old, comatose, or infant?" So, what exactly is it about
29
man that may turn him into a beast?
People have a tendency to blame women for being the victims of rape and
hold her responsible for being responsible for wearing particular kinds of
clothes or behaving in a specific way. This is something that can be seen quite
frequently.
The following is a synopsis of the different misconceptions that are

widespread in society in relation to the crime of rape, which were presented
by Jaydip Sarkar in his article:
Women cry rape as a means of exacting vengeance on powerful men, women
enjoy being raped, (c) women are only raped by strangers, women can avoid
being raped if they really want to, women ask for sex by the way they dress
and behave, rapists are crazy or psychotic (the word "animals" is often used),
and most rapists are different, not like us.
None of the aforementioned are true in a general sense, despite the fact that
there is a possibility that there is some truth in some extremely unusual
individual circumstances. The following are the responses that Marcia Cohen
and Sherrie H. McKenna provided to these myths in their article, which was
written in light of the psychology of rape criminals:
The idea that rape is mostly a sexual act is a popular misconception that
persists to this day. People who hold this belief frequently place the victim on
trial without intending to do so. Not only the law enforcement officials, but
also her family and friends start to question her conduct, her attire, and her
reasons for doing what she is doing.
It is possible that the woman's reliability will be called into question, and it is
also possible that her sexual activity and private life will be made public.
Rape is an extremely underreported crime, which may be due to the feelings
of remorse, embarrassment, and humiliation that are associated with the act.
On the other hand, during the course of the last 20 years, a wide range of
psychologists and sociologists have started looking at the psychological
aspects of rape and rapists.
Their investigations have led them to the conclusion that rape is a form of
violent crime, which is frequently perceived by the victim as an attempt on
her life, during which she is preoccupied with feelings of shame and terror.
When a man rapes a woman, it is often fueled by his emotions of violence,
hatred, anger, and revenge, among other things. If the psychology of such
rapists committing rape on minors is understood, then efforts can be made in
the right direction to prevent such crimes. Sexual desire is less of a motivation
for the man than violent aggression. [xii] Therefore, when a man rapes a
woman, it is often fuelled by his emotions of violence.
The Different Types of Sexual Offenders
When classifying rapists, it is helpful to think about what motivates them to

engage in the sexually abusive behaviour in the first place. Sometimes it is
deliberate, and other times it may be the result of a brief mistake in
judgement. Both scenarios are possible. Sometimes the criminal act is carried
out in order to satiate the need to engage in sexual activity, while other times
the criminal act is motivated by feelings of hostility and physical violence.
In his paper, the writer Jaydip Sarkar examines the classification of rapists as
follows, according to his findings:
There are many different taxonomies that can be employed, but the
Massachusetts Treatment Centre Rapist Typology: Version 3 (MTC:R3) is
one of the most comprehensive, extensively used, and methodologically
sound typological systems that has been developed to this day. It incorporates
both theoretical and empirical evidence.
The following is a description of each of the six different types of rapists that
can be found using this model's motivational dimensions:
Offences are unplanned and committed on the spur of the moment, and the
offender seeks immediate sexual fulfilment while employing force only when
absolutely required. To a much greater extent than by individual
psychopathology, immediate antecedent events (situational circumstances) are
what drive offences. For instance, a late night, a solitary female, and the
absence of witnesses all contribute to an increase in criminal behaviour. One
example of inadequate impulse control is sexual assault, but there are many
others.
�
Anger rapist: His crime is motivated by extreme gratuitous aggressiveness,
severe violence, and a history of previous antisocial offending; as a result, the
victim suffers serious physical harm as a result of the incident.
�
He is driven by concern with sexual thoughts and urges, and this
preoccupation is best described by the diagnostic of paraphilia-not otherwise
specified (DSM-IV-TR), which describes him as a sexual rapist.
�
Sexually nonsadistic rapist: He is driven by sexual fantasies and cravings as
well, but the sexual arousal is inappropriate in nature (for example, a fetish).
Additionally, there are beliefs that encourage the offence, as well as emotions
of inadequacy towards masculinity and sex.
�
Sexually sadistic rapist: This rapist's motivation is not sexual but rather
fantasies of degrading and humiliating as well as having power and control
over the victim. The DSM-IV-TR diagnostic of sexual sadism does the
greatest job of capturing this rapist's motivation.
�
A vindictive rapist is one whose primary motivation is anger; however, in
contrast to an angry rapist, his rage and hostility are directed solely towards
female victims. His actions are designed to embarrass and degrade the people
he targets, even though there is little to no evidence of eroticized
aggressiveness and very modest degrees of impulsivity.
Some of these typologies have further subdivisions in terms of the offender's

high or low social competence, as well as whether or not the sadistic
behaviour was overt or covert.
The preceding categorization is also applicable to the many categories of

criminals who violate the sexual boundaries of young people. Research on the
various subtypes of sexual predators who prey on children is required in order
to gain an understanding of the motivations behind the commission of this
horrific crime and to pave the way for the development of effective strategies
for its prevention.
Disorders Related to Paedophilia

The wicked and cruel psyche of the offender may be to blame for a crime of
paedophilia committed against a juvenile, or the offender may simply have a
sick fascination with young people. The following is how pedophilic
condition was described by George R. Brown, MD, Associate Chairman of
Psychiatry at East Tennessee State University and Professor of Psychiatry at
that institution:
Paraphilia can sometimes take the form of paedophilia. It is classified as a
condition due to the fact that it is harmful to other people. Pedophilic disorder
is characterised by recurrent sexually exciting fantasies, desires, or behaviours
involving children (often those who are 13 or younger). These fantasies,
urges, and behaviours include a child's sexuality. It's possible for paedophiles
to have an interest in young males, young girls, or both.30
It is not apparent whether girls or boys are more likely to be the targets of
paedophiles; however, it does appear that girls are far more likely to be the
targets of sexual abuse in general.
The adult is typically someone the child is familiar with and may be a
member of the child's family, a stepparent, or a person in a position of
authority (such as a teacher or coach). Some people only have feelings for
members of their own family, which is known as incest. Some people are only
attracted to children, and not just any children but children within a certain
age range or developmental stage. There are some people who are interested
30
in both youngsters and adults.
A person is said to have paedophilia when they exhibit symptoms such as

extreme anguish, a decreased ability to function properly as a result of their
attraction to children, or when they have acted on their urges to sexually
exploit children. The treatment consists of psychotherapy that lasts for a
lengthy period of time as well as medications that change the sex drive and
lower testosterone levels.
An in-depth study of the pedophilic disorder has been made, and the
following has been seen as a result of this research, which can be found in the
paper titled "The Neurobiology and Psychology of Paedophilia: Recent
Advances and Challenges."
The frequency with which paedophilia happens is the topic that generates the
most interest among those who seek information on the subject. It is difficult
to obtain reliable incidence numbers of paedophilia as a preference disorder
since individuals are often reticent to disclose pedophilic inclinations,
particularly when offences have been committed. This makes it particularly
challenging to collect data on the prevalence of paedophilia.
The incidence of a true pedophilic sexual preference is estimated to be

somewhere around 1%, but when general fantasies are taken into account, that
prevalence among men in the general population can reach up to 5%, as
extrapolated from the studies presented below. According to the findings of a
number of research (as summarised by Seto, 2009), the prevalence of
paedophilia in the general population could range anywhere from 3% to 5%.
These prevalences can increase from 30% for males with a history of one
sexual offence against children to 61% for men with a history of three or
more sexual offences against children in penile plethysmography
investigations of individuals with histories of sexual offences against children
(Blanchard, 2010; Seto, 2009).
The usage of child pornography has also been shown to have substantial links
to paedophilia. According to the findings of a study that was derived from the
German Dunkelfeld Prevention Project, among 345 paedophiles who admitted
to having committed one or more sexual offences against children, 37% of
them have only utilised child pornography, 21% have committed exclusively
hands-on sexual encounters with a minor, and 42% have committed both. [xv]
The study was conducted on paedophiles who had admitted to having
perpetrated one or more sexual offences against children.
It is of the utmost importance to determine the mental state of the offender
while committing a crime against a child or adolescent. Only then can the
right punishment be administered, and the offender can be rehabilitated and
readmitted to society.31
Violent Offenders Who Are Frequently Known to the Victims
The Calcutta High Court conducted research on the NCRB's crime statistics
for India and came to the conclusion that, according to the reports of the
National Crime Record Bureau, more than ninety percent of instances of rape
are committed by relatives or other people the victim knows. The NCRB
Crime in India Statistics for 2018 reveal that a staggering 93.9% of all rapes
31
were carried out by individuals who were already known to the victim.
In 2017, the perpetrators of rape were known to the victim in 93% of all
cases, compared to 94.6% of all cases in 2016, when perpetrators were known
to the victim in 94.6% of all cases. In 2016, perpetrators included fathers,
brothers, sons, grandfathers, and other known acquaintances.32
It was stated in the study that:

According to the most recent data from the National Crime Records Bureau
(NCRB), one in four of the people who were raped in the United States in
2018 were under the age of 18, and more than half of the victims were
between the ages of 18 and 30, the report states. According to the data, the
offenders were known to the victims in almost 94% of the cases, whether they
were family members, friends, live-in partners, employers, or others. [xvii] It
can be seen from the data that in the majority of cases of rape on minors, the
offenders are known to the victim and they are either the victim's parents,
family members, neighbours, or relatives.
In the case of Mohinder Singh vs. State of Punjab[xviii], the accused was
found guilty of committing rape on his underage daughter and received a
sentence of 12 years in a maximum security prison for his crime. The
Supreme Court's disapproval was articulated as follows: "One cannot
comprehend to visualise a situation of such nature in which father himself
committed rape on his own minor daughter in the presence of her own
mother." (One cannot comprehend to visualise a situation in which father
32
himself committed rape on his own minor daughter in the presence of her own
mother).
It would be extremely difficult for anyone to lightly brush aside such conduct
by stating that it was committed in a fit of anger or rage or such other similar
situation. The behaviour of the appellant during the commission of the said
offence was not only bordering on immorality of the highest order. It was also
extremely close to being immoral. If such a heinous crime of rape had been
done by anybody else, other than the father himself, the victim would have
had every opportunity to cry out for solace to her mother or father. However,
because the crime was committed by the father, she did not have this option.
One can imagine the pitiful predicament in which the daughter would have
found herself when the perpetrator of such a heinous crime turned out to be
the girl's own father, and when such a despicable conduct was carried out in
front of the child's own mother. [xix] When the girl's mother was present, the
scenario would have been much more heartbreaking.
The case of Laxman Naik vs. State of Orissa [xx] concerns a young girl who
was only seven years old when her own uncle raped and murdered her. The
court reached the conclusion that the accused appeared to have behaved in a
savage manner throughout the proceedings.
After he had satisfied his lust, the accused, in an effort to cover up the
evidence of his crime and to prevent the victim from telling her family and
others about the wrong he had committed against her, put an end to the life of
the innocent girl. The court noticed how the accused had deviously formed his
plan and ruthlessly implemented it in such a premeditated cold-blooded and
violent murder of a very delicate age girl after having raped her. The court
also noticed how the accused had brutally carried out his plot.
Regarding the matter of Kamta Tiwari versus the State of M.P. [xxi] The
Supreme Court deliberated on a case involving the rape and subsequent
murder of a little girl who was only 7 years old. According to the evidence,
the accused had a close relationship with the deceased person's late father's
family, and the deceased person referred to the accused as "uncle."
This Court saw the closeness to the accused, and the accused persuaded her to
go to the grocery shop where the girl was later kidnapped by him and
subjected to rape before being strangulated to death and having her body
dumped in a well. This Court also noticed the closeness of the accused to the
victim, and the accused is now on trial for her murder.
In the court case known as Shivaji @ Dadya Shankar Alhat v. The State of
Maharashtra[xxii], the culprit was a married man with three children. He was
known to the family of the deceased 9-year-old victim, and he raped and
murdered her.
In the specific instance of Mohd. A young girl of seven years old was
kidnapped, sexually assaulted, and ultimately killed in the case of Mannan @
Abdul Mannan v. State of Bihar[xxiii]. The court took note of the accused
person's ability to gain the trust of the victim, who was a young girl, as well
as the terrible method in which the victim was first forced to rape and then
strangled to death. The accused person was between 42 and 43 years old. A
girl of 10 years old was raped by her neighbour while they were both outside
playing in the case of Haresh Mohandas Rajput v. State of Maharashtra
[xxiv].
In the case of Amit vs. State of Uttar Pradesh[xxv], the accused, who was a
neighbour of the victim and was 28 years old, kidnapped the victim, who was
just three years old, under the guise that he was going to offer her some
biscuits. He subsequently raped and murdered the child after taking her. The
examples given above are only a few of the various situations in which a
family member, someone else with a close relationship to the family, or
another someone who has earned the victim's trust can molest a young girl
who is underage.
In the case of Saji @ Piyoos versus State Of Kerala[xxvi], the High Court of
Kerala maintained the conviction of the two accused individuals who were the
victim's parents for the crime that they were accused of committing. The
father of the victim, who is the first accused, allegedly had sexual relations
with the victim, who was then 13 years old, for a period of one year, with the
goal of committing rape on his own underage daughter. As a result, the victim
became pregnant and gave birth to a son. The accused woman did not care for
the victim's newborn child after the delivery.
The High Court of Kerala made the following observation regarding this case:
"In this instance, the father did not spare his daughter and ravaged her body
and soul in order to satisfy his lust for sex." There is no question that he
should serve the maximum possible sentence that the law allows.
In the case Moosa Kunnugothi vs. The Administrator[xxvii], the High Court
of Kerala denied the accused individual's request for bail. This individual
possesses a significant amount of wealth and exerts a significant amount of
power. It is alleged that he obtained a girl from a disadvantaged background
who was nine years old and subjected her to rape and unnatural sexual assault
with the active aid and assistance of his wife, who is the second accused in
this case. The youngster came from a home of poverty.
It is further alleged that the petitioner videotaped himself engaging in deviant

and immoral behaviour, and that recording was then shared both online and
offline by the petitioner. This allegation is made in the second count of the
petition. During the course of the investigation, under the provisions of
section 164 of the Criminal Procedure Code, the second accused person gave
a statement. was recorded, she is believed to have divulged information
regarding another episode of horrific sexual molestation by the petitioner of
still another underage girl, who was younger than 13 years old at the time.
The case is currently being tried in court.
In the case of Dhari Kumar Jamatia vs. State of Tripura[xxviii], the Tripura
High Court confirmed the conviction of three accused individuals who were
responsible for forcibly taking the victim away to a nearby rubber garden
where she was gang raped by them.
The victim was familiar with the accused individuals. In this particular
instance, the age of the victim (whether she was a juvenile) on the day of the
occurrence as well as the amount of time that had passed since the FIR was
filed were being investigated. The victim's school certificate was presented in
court as evidence in order to determine her age, and the judge ruled that the
victim was a minor at the time of the incident after accepting the certificate as
proof.
Regarding the delay in filing the FIR, the court made the following
observations:
When it comes to situations of rape, our well-reasoned opinion is that it is
rather unreal to try to find an explanation for every second's worth of delay in
reporting the crime to the authorities. When something as heinous as this is
done to a woman, not only the victim but also her entire family goes through
a traumatic experience, and it takes some time for them to be able to return to
their normal lives and focus about other things.
What we need to determine is whether the passage of time or delay, in light of

the facts and circumstances that have been presented, provides a reasonable
inference that the time was used for the purpose of concocting and falsely
implying anything. Following an examination of the case's particulars, the
court came to the conclusion that the initial charging document had been
submitted without undue delay, and that the accused had been correctly found
guilty.
Rapists target minor girls, preferably those they already know, because it is
easier for them to gain access to those minor girls, those minor girls place
their trust in the people they know, and their families are less likely to
question or question whether it is safe for the minor girl to be alone with a
person who is known to them. Additionally, minor girls are less likely to
resist or less likely to resist as forcefully as a major would, minor girls are
less likely to realise that they have been raped, and it is The criminal's thought
process behind raping a young girl is likely motivated by the belief that he
will be less likely to be caught if he is able to exert his dominance over the
victim with less effort.
We conducted interviews with a few individuals who are working or have

worked closely with the topic of rape and rape criminals in order to get a
practical grasp of rape and the psychology of criminals. Our goal was to gain
a better understanding of both of these topics.
Mr. Abhimanyu Rai, Police Sub-inspector, Vastrapur Police (Ahmedabad,
Gujarat)
When asked about the accused who rape young girls, Mr. Abhimanyu Rai
said that the age range of those accused of committing rape on minors is most
commonly between 17 and 24 years old. This information was given in
response to a question concerning the accused.
The girls who are older than 12 years old and who are victims of rape are
typically involved in a romantic relationship with the accused, and they also
have a physical relationship with the accused. When the family of the girl
discovers about their relationship, they blame the accused of having caused
rape on the girl, even though the girl's physical relationship with the accused
was consensual. The act of raping a child by an adult who is not the victim's
parent or guardian is extremely unusual.33
In addition, there have been instances in which false FIRs have been filed,
33
and there have also been instances in which the media has reported a case of
rape solely on the basis of a FIR, even before the investigation has been
finished, before a medical report has been received, and even before the rape
has been established. According to his point of view, the number of instances
of rape is far lower compared to the number of instances of sexual harassment
and sexual assault.
�
Sub-Inspector of Police at the Sola Police Station in Ahmedabad, Gujarat, Mr.
D.R.Rathod
According to Mr. D.R. Rathod, the officers who interrogate the rape accused
are of the opinion that the accused who commit rape on youngsters are almost
always suffering from some kind of psychological disease, and they do not
have any influence over their own brains.
He is of the opinion that in cases of victim girls who are between the ages of
16 and 18 years and the accused being an adult male of around 24 years of
age, they usually have a consensual physical relationship, and a complaint of
rape is filed only when the family members of the girl discover about their
relationship. Additionally, to maintain their status in the society and to
prevent degradation of their social status, the girl complains the physical
relationship to be non-consensual, thereby amputating the victim status
Regarding the issue of rape committed against children, Mr. Rathod is of the
opinion that the number of rape cases committed against minors is growing
for the following reasons: criminals believe that they can easily influence and
frighten small girls, show power to them, and that such minor victims would
resist less in comparison to major victims; criminals also believe that minor
girls are more likely to be victims of rape than major victims. These young
girls would not even be aware of what was going on with them, and the
majority of the time, they would not even inform anyone about what had
occurred to them. Because of this, it is imperative that both young boys and
girls receive adequate sexual education, and parents should instruct their
young daughters to report any inappropriate behaviour involving other girls to
their care.
�
Senior Police Inspector Mr. G.S. Siyan, Sola Police (Ahmedabad, Gujarat),
According to Mr. G.S. Siyan, one of the primary causes for the rise in the
number of rape cases in the country is the growing impact of western society.
In addition, he is of the opinion that the media only has access to half of the
facts, that they do not always broadcast the whole truth, and that they will
occasionally characterise a case as a rape when it is actually a case of sexual
harassment.34
The victim, who is often between the ages of 16 and 18, may have provoked
the incident in many cases; nevertheless, once the case has been filed, the
victim frequently denies having provoked the incident and instead places
blame on the accused. These victims abuse the sexual harassment laws that
were created to prevent females from being harassed. Regarding the issue of
rape committed against kids, he is of the opinion that the parents of a girl
child who is a juvenile should take a significant part in protecting their
daughter. The parents of the younger girls need to educate them on the
difference between a good touch and a bad touch.
34
�
Inspector of Police of the Sola Police Station in Ahmedabad, Gujarat, Mr.
D.H. Gadhvi
When asked why there is no deterrent effect of the many laws that punish
sexual assault and sexual harassment on the accused, Mr. D.H. Gadhvi is of
the opinion that criminals have the psychology that even though there is a
heavy punishment for the crime of rape, their lawyers will defend them and
acquit them from the charges of rape. This is why there is no deterrent effect
of the many laws that punish sexual assault and sexual harassment. Having
such confidence would give them the ability to accomplish everything they
set their minds to.
�
The Director of the Wajra O' Force Empowerment Foundation is Ms. Ruzan
Khambatta.
Ms. Ruzan Khambatta is of the opinion that pornography, the influence of
alcohol, and the susceptibility of little girls are some of the many reasons why
there has been an increase in the number of cases of rape committed against
children. This was her response when she was asked about the causes for the
increase in rape committed against minors.
The fact that the minor females are unable to protect themselves makes them
a convenient target. The idea of nuclear families has led to a degradation of
traditional family values, which is the primary factor in the occurrence of rape
committed by a family member or other relative of a young girl. She has also
seen that migrant workers are one of the primary contributors to the problem
of sexual assaults committed against children, which typically take place in
rural or urban slum regions.
Because migrant workers typically travel to their jobs alone, they are unable
to fulfil their sexual urges. As a result, they frequently rape young women
because they are an easy target and because they live in close proximity to
them, such as at their neighbor's house or in their community. Ms. Ruzan
Khambatta is of the opinion that the accused should be subjected to severe
punishment, and that laws should be made more restrictive in order to reduce
the occurrence of crimes of this nature. She suggests administering electric
shock therapy to cure the perverted minds of those accused of committing the
heinous crime of raping underage girls. This treatment could have a
dissuasive impact, leading to a reduction in the number of cases of rape
committed on kids across the country.
�
United World School of Law (Gujarat) Professor Debarati Halder
Prof. Debarati Halder is of the opinion that the perpetrators of rapes
committed against kids are likely to be either juveniles or adults. The
perpetrators of rape on children who are between the ages of 16 and 19 have
been exposed to sexual content, and it is up to them to decide whether or not
they will make beneficial use of it in their lives.
Rape and other violent crimes might occur when people are not properly
counselled after being exposed to content that is sexually graphic. She is of
the opinion that the law cannot regulate the behaviour of the people and that
all it can do is instill fear in the minds of the people. Prolonged provocation, a
sadistic mentality, the desire to exert social dominance, and revenge rape are
some of the causes that might lead to an aggravated penetrative sexual assault.
Regarding the topic of social dominance, Professor Debarati Halder stated
that in states such as Rajasthan and Haryana, the practise of social dominance
is common. As a consequence, people of higher caste are more likely to
commit rape on women and underage girls who belong to lower castes. This
is especially true in states like Rajasthan and Haryana. She believes that
increasing people's levels of education and knowledge of social issues can aid
in the fight against the crime of rape.
�
United World School of Law (Gujarat) Professor Sonia Shali
When explaining the psychology of criminals, Professor Sonia Shali stated
that the term "psyche" in psychology refers to the brain, and that all actions
are carried out at the command of the brain. This was part of her explanation
of the psychology of criminals. It is possible for an action to be either
purposeful or unintentional; nevertheless, any action carried out by a criminal
would be considered intentional because the criminal would have given some
thought to the act before carrying it out. It is argued that the negative
cognitive process that a criminal has constitutes the mens rea of a crime.
According to her, there are a number of factors contributing to the rise in the
number of rape cases, including the influence of peers, nuclear families,
poverty, environment, and money. She is of the opinion that the ages of 12
and 18 are a period of sexual exploration, and because of this, juvenile boys
commit rape on minor females in order to explore their sexual urges. On the
other hand, adult males commit rape on minor females in order to satiate their
lust while under the influence of their perverted and cruel minds.
Violent crimes against children are more prevalent in rural areas, and the
offenders are frequently the victim's own relatives or other individuals she
knows. This is mostly due to a lack of education, a lack of money, a craving
for sexual pleasure, easy access to kids, and the fact that they may be
intimidated with ease. Methods such as mapping and psychometric analysis
are performed in order to understand the psychology of offenders who
commit rape on kids. This is done so that it can be determined whether the
offender committed rape due to some kind of psychiatric problem or just
because of his perverted mind.
As can be seen from the perspectives presented above, some of the primary
factors that contribute to the rape of minors are things like pornography, the
impact of alcohol, the vulnerability of minor girls, the lack of resistance
displayed by minor girls, poverty, illiteracy, the influence of one's
environment, the influence of peers, nuclear families, and societal dominance.
CONCLUSION
As stated previously, the three approaches to criminal behaviour are the

punitive approach, the therapeutic approach, and the preventive approach. If
we give our opinion on the execution of a punitive approach, then the courts
should consider not only the anguish and sufferings of the minor victim of
rape, but also the offender's psychology and the circumstances surrounding
the crime. In addition, there should be a greater emphasis on the adoption and
implementation of therapeutic and preventive approaches in order to
rehabilitate offenders and prevent the crime of rape against juveniles.35
Regarding the therapeutic approach, steps can be taken to determine why an

offender committed a rape against a minor, whether it was due to a
psychiatric disorder, personal enmity, feelings of lust or wrath, or for some
other reason. Once the cause of the offence is identified, appropriate
therapeutic treatments can be administered to offenders in order to facilitate
their reformation and rehabilitation.
In case of preventive approach, preventive measures such as educating the

minors about good touch and bad touch; encouraging confidence in minors to
inform if any incident of sexual assault happens with them; creating
awareness among people about rape on minors and the harshness of the
punishment for such crimes so as to create deterrent effect among people;
survey should be made as to in which areas, whether rural or urban, the crime
of rape on minors is more prominent and to target the awareness programmes
appropriately towards those areas; to avoid the minors wandering alone in the
streets, especially at night and to always accompany the minor girls when
they go out; the parents of the minors should always keep a check on the
behaviour of their neighbours or the relatives towards their child and if they
have any suspicion then they should talk directly to that person regarding it
and should also warn their child and such other measures should be taken to
prevent the crime of rape on minors.
35
As stated in this article, different offenders have varying motivations for
committing the crime of rape against minors, making it difficult to create laws
that are situation-specific. To effectively implement the law, it would be
necessary to consider both the victim's suffering and the offender's
psychology when rendering judgements.
Other measures that can be taken include encouraging the victims to report
the rape, encouraging the perpetrators to undergo psychiatric treatment so that
they do not commit the crime again, and establishing fast-track courts to
expeditiously handle cases of rape against minors. Effective change can be
brought about not only by treating rape victims, but also by treating rapists.
CHAPTER – 4
Landmark Judgements that shaped the Rape Laws in India
Introduction
Section 375 of the Indian Penal Code talks about rape and what actions a man
can be held liable for if he performs a rape. Previously, it was considered rape if
the penis was inserted into the vagina or anus or mouth of a woman. But now, even
if the object is inserted into the vagina or other parts of the body, it is still
considered rape.
The objective of Section 375 of the Indian Penal Code as said by Justice Krishna
Iyer in the case of Rafiq Vs State of U.P. is that a murderer kills the body whereas
a rapist kills the soul. So, rape is considered a more serious crime than murder.
This Section of the law aims to punish those who would deliberately and
maliciously rob women of their souls.
Under Section 375 of the Indian Penal Code, a man is considered to have

committed rape if:
 There is penetration by a person of the penis to any part of the vagina,

mouth, or anus of women.
 There is an insertion by a person of any object or part of the body that is not
being used by the penis or the vagina.
 There is manipulation done by a person or a group of people into a woman’s
body so that they can sexually penetrate her vagina or any other part of her
body.
 There is an application by a man or any other person his mouth to the
vagina, anus, or urethra of women.
Circumstances under which a person shall be held liable for Rape
 First, the act is done against her will. This means that it was done under the
reasoning power of her mind or not.
 Second, it was done without the woman’s consent. This means that she was
not able to express her opinion with either communication in the form of
words or gestures.
 Third, consent obtained by putting someone in whom she has an interest, in
fear of death or hurt.
 Fourth, when a woman gives consent thinking that her husband is her
husband, the man is aware that the woman gave consent anyway.
 Fifth, when a woman consents to an act that is not in her control, she may be
unable to understand its true nature and its consequences such as when
intoxicated or due to unsoundness of mind or by administering an
unwholesome substance.
 Sixth, with or without consent of a woman who is under the age of 18.
Seventh, when the woman is unable to communicate her consent.
It was also stated that, if a woman is not resisting sexual activity, then it does
not mean that she is giving consent.
There are certain exceptions to this Section such as: i) When it includes some kind
of medical treatment it shall not be constituted to rape. ii) When it involves sexual
activity between a husband and his wife who is no less than 15 years of age.
376 of the Indian Penal Code states that if a person commits rape, then he or she
should be punished with imprisonment for a term which may not be less than seven
years or which may be for life and shall be liable for fine.
“Some of the Landmark Judgements relating to Rape with Minors as well as

Majors:
 Mathura Case
Tuka Ram And Anr Vs State of Maharashtra
Facts
In 1972 on March 26th, a minor girl was allegedly raped by two police officials
while she was in police custody. This incident took place in Desai Gunj Police
Station in Maharashtra. This case highlighted various issues in the context of
Indian Rape laws, especially the issue of consent and the burden of proof.
Judgement
The Sessions court held that the defendants were not guilty due to the voluntary
consent of the victim. It was held that Mathura willingly gave her consent to the
sexual intercourse as she was habituated to it. The Sessions judge has ruled that
rape and sexual intercourse are different terms and cannot be used in the same
case.36
The case was then appealed in the Bombay High Court, which took note of all the
findings in the trial conducted in the sessions court. The High Court has
appreciated the observation made by a Sessions Judge that there’s a difference
between rape and sexual intercourse. However, they forgot to point out that there’s
a difference between passive submission and consent. The court then noted that the
consent given to the accused was not voluntary and was made due to the threat of
arrest by the police.
Later, the case was referred to the Supreme Court, where the accused were
acquitted. The Court noted that the girl did not show signs of any resistance or
injury, and that her consent was voluntary. Also, the girl might have incited the
police as she was habituated to sex. The Supreme Court of India has ruled that the
sexual intercourse that was in question was not rape.
Changes brought upon the laws after this case
36
Due to the controversial nature of the verdict, which led to widespread protests and
public outcry, India’s rape law was amended in 1986. During the time of the
Mathura rape case, the rape laws in India were heavily biased towards rapists.
The main issue which was raised was about the concept of consent. Earlier it was
very difficult for women to prove that they did not consent to sexual intercourse.
After the judgement of this case, in 1983, the Criminal Law (Amendment) Act was
passed, which brought various changes in the Indian rape law.
In 1983 Criminal Law Act, a new Section 114(A) of the Indian Evidence Act was
inserted to enable courts to presume that the victim did not consent to the sexual
intercourse if she was assaulted if she had said that she did not consent for the
intercourse.
Subsections a, b, c and d of Section 376 of the Indian Penal Code underwent

various amendments made by the Criminal Law Amendment Act, 2013. This Act
also adds the word “custodial rape” to the Indian Penal Code 1860 for offenses that
are carried out when a victim is in custody.
Liable persons under Section 376 (2) shall be punished with a rigorous

imprisonment for a term not less than ten years or for life with a fine. The Act
amended the principle of the burden of proof always lying on the Victim. In cases
where sexual intercourse has already occurred, the burden of proof will now lie on
the accused. Section 228A of the Indian Penal Code prohibits the publication of the
identity of rape victims. Following the amendments made in 2013, by Criminal
Law Amendments Act.
The Mathura rape case, which sparked massive protests and public outcry, had a
significant social and legal impact in India. It led to the establishment of various
laws related to sexual harassment.
 Nirbhaya case
Mukesh & Anr. Vs State for NCT of Delhi & Ors.
On December 16, 2012, a young female physiotherapist was brutally raped by five
individuals and a minor on a moving bus in Delhi. The attackers pulled out the
victim’s intestines using an iron rod. Despite all efforts to save her, she died in a
hospital.
One of the accused reportedly committed suicide in the jail. The court also
sentenced four adults to death and one juvenile to three years in a juvenile facility.
In a case where a juvenile was involved in a sexual assault, the victim was
punished with three years in a rehabilitation center. This incident deeply affected
the conscience of the public and sparked debate on how to respond to such
inhumane crimes. Various legislative reforms were then made to address this
issue.37
Aftermath and Amendments made:
After this incident, JS Verma, the former Chief Justice of India, headed a panel that
was formed to study the criminal laws in the country and suggest possible
amendments to enhance the punishment for sexual assault and Indian Rape Laws.
37
As recommended by the committee, The Criminal Law Amendment Act, 2013,
was enacted to provide for the amendments in various laws related to sexual
offences. Some of these included the Indian Penal Code, 1973, the Indian
Evidence Act, 1872, and the Protection of Children from Sexual Exploitation
Act, 2012.
The Criminal Law Amendment Act, 2013, was enacted to provide for the
amendments in several laws related to sexual offences. Among the changes made
was the provision for capital punishment for rape cases where the victim dies or is
left in a permanent vegetative state38.
 Marital Rape
Independent Thought Vs Union of India and Anr.
Facts:
The case was made by Independent Thought, a human rights organization founded
in 2009. The organization’s petition was made against the Exception 2 to Section
375 of the Indian Penal Code, which provides for discrimination against a girl
child. The Criminal Law Amendment Act, 2013, raised the age of consent for sex
from 16 to 18. However, Exception 2 states that sex between a husband and his
wife can be performed even if the marriage is not consensual and for that the
woman has to be above 15 years of age.
The POSCO Act 2012 defines age for consensual sex as 18 years old. However,
the above Exception 2 is contradictory to the Section 3 of the Act which
criminalizes the possession of obscene materials.
38
Judgement and Changes:
The Division Bench discussed the various issues related to the case and gave
a verdict which stated:
The Exception 2 discriminates against married and unmarried girls without a

reasonable nexus. It is against the dignity and reproductive choice of a girl child.
The Parliament has raised the age for consent from 15 to 18 years.
So Exception 2 was deemed to be against the rights of the girl child and unjust.
Proponents of the exception 2 then were changed to – that sexual intercourse or sex
by a man with his spouse is not rape if the woman is older than 18 years old.
 Sexual Assualt and Rape at Workplace
Vishaka Vs State of Rajasthan and Ors. (Bhanwari Devi Case)
This case dealt with the protection of women from sexual harassment at work. In
1992, a social worker was allegedly gang-raped when she tried to stop a child
marriage taking place and her complaint was not pursued properly despite lodging
an complaint in the police station. She took her case to get justice through the trial
court, which ruled that the accused were not guilty due to the lack of evidence.
This led to many women groups and organizations going against the verdict.
Which resulted in the issue of sexual harassment in the workplace being pursed
and brought to the Supreme Court of India by a public interest lawsuit. This case
has been regarded as one of the most significant cases in the country’s history. The
court noted that sexual harassment of a woman at work was considered a violation
of her rights under Articles 14, 15, 19 and 21 of the Indian Constitution.
Legal Changes brought after the case:
In response to the sexual harassment at work issue, a comprehensive legislation

was proposed, which laid down various guidelines and requirements that
employers and other responsible parties should meet in order to implement the
provisions of the case. It is the duty of employers to prevent sexual harassment in
the workplace. They should also consult with their staff members about effective
ways to resolve the issue.
A complaint committee should be established at all workplaces to handle

complaints. It should be headed by a woman employee and should have a third
party or NGO participation along with that half of the members should be of
women only. All complaints about sexual harassment of women employees would
be handled by this committee only, and the employers would be required to take
appropriate action. The committee would then advise and recommend the victim
for the next course of action.
These guidelines were created to give women the protection they deserve from
harassment in both the public and private sectors. The Indian Government enacted
the Prevention of Sexual Misconduct at Work Act, 2013, following the Supreme
Court’s judgment. This Act came into force on December 9, 2013.
 Priyanka Reddy Rape Case–
It is the case where harsher punishment was given by the police.
Facts
Dr Priyanka Reddy was a veterinary doctor from Hyderabad. On 28th November

2018 she was raped, murdered and her body was found burnt on the road.
She was returning home from her job at night and she was raped by four men and
then burnt. While she was returning home, her vehicle’s tire got punctured.
Suddenly four men came and asked if she needed any help.
Later, they raped and murdered her. Her family tried to contact her however they
were not able to so they went to file an FIR in the police station. They found the
body half-burnt under the bridge. Soon after, the police started the investigation
and arrested four men.
Further, the police took all the accused to the scene of the crime to recover certain
articles belonging to the deceased rape victim and for reconstructing the scene of
the crime.
However, the accused escaped from the location along with firearms, and hence,
the police encountered all of them.
Judgement
The National Human Rights Commission and the Supreme Court have moved
against the concerned police encounter of the four accused.
Two Public Interest Litigation (PIL) have been moved by Advocates GS Mani and
Pradeep Kumar Yadav, and another by Advocate ML Sharma who has registered
an objection to the killings of the accused who were not proven guilty.
 State of Maharashtra Vs Prakash–
To constitute for the offense of rape, use of force is not necessary, mere threat of
use of force is sufficient.
Facts
The victim Nirmala with her husband had come to her village to attend a fair. They
were staying at her parent’s house. Around 2 am-midnight, the husband of the
victim was called by accused no.2 (businessman) at his house. Later on, again he
was called by accused no.1(police constable) at the house of accused no.2.
Accused no.1 alleged that the husband was going to destroy the idol of Ganpati and
hence summoned the victim to the house of accused no.2. Reaching the spot, she
was forced to sign certain papers under the threat that her husband would be placed
in custody in case she does not sign the papers.
The accused took her inside the house and raped her one by one.
Subsequently, a case was filed against the accused. The accused in turn claimed
that the victim did not show any signs of resisting the intercourse so they cannot be
held liable for forced intercourse.
Judgement
The Bombay High Court held that the said intercourse was neither out of love nor
for money. Therefore, the only explanation that remains is that she was coerced
into the act.
The Court held that for the offense of rape it is not necessary that there should be
actual use of force, a threat of use of force is sufficient.
The victim had mentioned that her husband was beaten and she was threatened that
her husband shall be placed in custody. Hence, she submitted herself under the
threat of a police constable. Thus, the respondents were held liable under Section
376 of the Indian Penal Code.
 Bhupinder Singh Vs Union Territory of Chandigarh[7] –

It is rape if a man falsely makes another woman believe that she is lawfully
married to him and has sexual intercourse with him when he is in fact already
married to someone else.
Facts
The victim was employed in a bank and the accused was also working in another
bank. He used to come to her office and they developed intimacy. He asked her for
marriage without disclosing that he is already married.
They both got married in a Gurudwara and started living together. Soon after, she
got pregnant but the accused got her aborted against her wishes. Further, she also
left her service in September 1991 under the pressure of the accused. Later, she
again became pregnant.
One day she met the friends of the accused who told her that her husband was
already married and was having children from the same wedlock. On the same day,
the accused left the home of the victim. So, she filed a complaint against him.
Judgement
The High Court of Punjab and Haryana held that the case was covered by Section
375(4) of the Indian Penal Code which says that it is rape if a man falsely makes
another woman believe that she is lawfully married to him and has sexual
intercourse with him when he is in fact already married.
The victim in this case had sexual intercourse with the man believing him to be her
husband. However, in reality, he was not her legal husband. Thus, the Court
imposed rigorous imprisonment for three years and compensation of Rs. 1 lakh.
 Gurmeet Singh & Ors Vs State of Punjab[8]–

Sexual intercourse against the will of the woman constitutes to rape.
Facts
A young girl below 16 years of age was studying in 10th standard and was giving
her exams. One day after returning from the exam, the accused with others took
hold of the girl and took her inside the blue color ambassador car. They threatened
her that if she raises her voice, she will be killed to death.
They took her to the kotha of the tube well. Further, they compelled her to drink
liquor misrepresenting it to be juice. One by one they committed rape on her and
when she raised an alarm she was threatened to kill.
All the boys committed sexual intercourse with the girl against her will.
Subsequently, the case was registered in the police station.
Judgement
The Court in this case held that according to Section 327 of the Criminal Procedure
Code the trial of sexual offenses should be conducted in camera.
So, the Court held that if a trial is conducted in camera, it will enable the victim of
crime to be a little comfortable and answer the questions with greater ease in not
too familiar surroundings.
The Court also held that the name and address of the victims should be kept
anonyms in the criminal proceedings. It should not be published anywhere to save
her from the embarrassment of being a victim of a sex crime.
Hence, the Court punished the accused with rigorous imprisonment of five years
and a fine of Rs. 5000.
 Harpal Singh & Ors Vs State of Himachal Pradesh–
Sexual intercourse without consent is rape.
Facts
A girl below 16 years of age was sent by her mother to visit her ailing aunt in
another village. On her way back home, she was falsely told that her brother was
lying in the dispensary and she was being called there.
The girl went with the accused and was trapped in a room by him. Two more
people came and they all started doing sexual intercourse with her against her will.
She was released the next day. However, she and her family decided to keep this a
secret.
The matter was subsequently published in a newspaper and the police started an
investigation against the same.
Judgement
The Court held that it was quite evident that she was below 16 years of age and
was about 15 years of age. Further, she did not give consent for sexual intercourse.
Hence, the accused is liable under Section 375 of the Indian Penal Code. He has to
undergo rigorous imprisonment of four years and a fine of Rs.500.
 Himachal Pradesh Vs Mango Ram
Act committed against the will amounts to rape.
Facts
The victim was the eldest daughter of Jagia Ram. Her mother asked her to get
plough. While going there she was accompanied by the accused. When she went
inside the house to get plough, the accused caught her from behind.
The victim tried to relieve herself but she was overpowered by the accused. She
was made to lie on the floor of the cowshed. The accused then untied the knot of
her salwar and lifted it down and thereafter, committed sexual intercourse with her.
There was bleeding from her private part. The victim returned home immediately
and told her father Jagia Ram about the incident. Further, FIR was filed against the
accused.
Judgement
The Supreme Court, in this case, held that this was a case of rape as the girl tried to
relieve herself but the accused overpowered her and the act was committed against
her will.
Thus, this amounts to rape under Section 375(2) of the Indian Penal Code. The
accused was held liable for the offense of rape.
 State of Maharashtra & Anr Vs Madhukar Narayan Mardikar–
A woman of easy virtue is entitled to privacy and no one can invade her privacy as
and when he likes.
Facts
The respondent was a police inspector. One day he allegedly visited the hutment of
the victim Banubi in uniform. He demanded to have sexual intercourse with her to
which she refused. But he had her by force. Therefore, she resisted his attempt and
raised a huge cry.
Her husband all the neighbours came outside the hutment. Further, she registered a
complaint against the policeman. The respondent contended that the victim was an
unchaste woman and her evidence would be unsafe to rely upon.
Judgement
The Court held that a woman of easy virtue is entitled to privacy and no one can
invade her privacy as and when he likes. So, also it is not open to any and every
person to violate her person as and when he wishes. She is entitled to protect her
person if there is an attempt to violate it against her wish. She is equally entitled to
the protection of law. Therefore, merely because she is a woman of easy virtue, her
evidence cannot be thrown overboard.
Therefore, the Court convicted the respondent and removed him from the service.
 Anurag Soni Vs State of Chhattisgarh]–
Performing sexual intercourse after the refusal of victim amounts to rape.
Facts
The victim was a Pharmacy student and the accused was posted as a junior doctor
in a government hospital in some other town. The victim had a love affair with the
accused.39
The accused had even proposed to her for marriage and this fact was known to
their family members.
39
Due to his posting, he called her at her place. The victim went by train to his place.
Further, she stayed at his place. During this period, he tried to establish physical
relations with her despite her refusal on the pretext of marriage.
Later, the victim came home and the accused asked the victim not to disclose their
physical contact.
After few days, the victim asked the accused about their marriage but she did not
receive any reply from him. Further, he refused to marry her on the ground that he
had already married another woman. Therefore, the victim filed a case against the
accused on the ground of rape.40
Judgement
The Supreme Court held that the accused from the beginning did not intend to
perform marriage with her and gave false promise of marriage to her due to which
she gave consent for the sexual intercourse.
However, the Court held that such consent does not constitute valid consent and
comes within the ambit of the misconception of fact given under Section 90 of the
Indian Penal Code.
The Court also held that sexual intercourse on a false promise of marriage falls
under the ambit of Section 417 Cheating of the Indian Penal Code.
Hence, the Court convicted the accused under Section 375 of the Indian Penal
Code and sentenced him to rigorous imprisonment for 10 years and a fine of Rs.
50,000.41
40
41
 Tulsidas Kanolkar Vs State of Goa–
Consent obtained due to unsoundness of mind is not a consent, it amounts to rape.
Facts
The victim in this case was mentally impaired. The accused knowing this took
advantage of the situation and had sexual intercourse with her. However, no one
was aware of this happening.
One fine day her family members found out that she was pregnant. When she was
asked who put you in this position, she pointed towards the accused.
Therefore, a case was filed against him. He however contended that he thought the
victim gave consent in form of submission to the act.
Judgement
The Court held that the accused took advantage of her mental condition. It is
specifically mentioned in Section 375 of the Indian Penal Code that consent
obtained due to mental illness/ unsoundness of mind is no consent. It amounts to
rape. Hence, it is quite evident that the accused took advantage of the victim and
committed rape on her.
Therefore, the accused was sentenced to imprisonment for 10 years and a fine of
Rs. 10,000.
 State Of Andhra Pradesh vs Bodem Sundara Rao
The Supreme Court in this case enhanced the punishment for rape.
Facts
A girl aged between 13-14 years was sexually assaulted by the accused in broad
daylight. The girl was carrying lunch for her father who was grazing cattle in the
fields. While going there the accused caught hold of her and committed rape on her
despite her protestations.
The girl was bleeding profusely from her vagina because of rape. Later, she
informed this to her father and mother, and FIR was filed against the accused.
Initially, he was sentenced to rigorous imprisonment of 10 years under Section 376

of the Indian Penal Code. However, he appealed in the High Court and the Court
reduced the punishment to 4 years imprisonment.
Judgement
The Supreme Court in this case increased punishment of accused from four years
of rigorous imprisonment to seven years of rigorous imprisonment.
The Court held that crime against women are on the rise. Imposition of grossly
inadequate sentence and particularly against the mandate of the Legislature not
only is an injustice to the victim of the crime in particular and the society as a
whole in general but also at times encourages a criminal. The heinous crime of
committing rape on a helpless 13/14 years old girl shakes our judicial conscience.
The offence was inhumane. Thus, the punishment was increased.
 Chhote Lal Vs State of UP
The Supreme Court in this case explained the meaning of “against the will” in rape
cases.
Facts
The victim was going somewhere in the evening. Three accused came and caught
hold of her and when she tried to raise an alarm, they gaged her mouth.
Further, they took her to another village. Again, they took her to some another
place where they kept her in a rented room.
The accused committed forcible intercourse with her. Whenever the victim asked
about returning home, he used to gag her mouth and threaten her. As the victim
was missing for many days, her brother filed an FIR against the accused of the
kidnapping of his sister.
Later, the victim was found by the police. And complaint was filed against the
accused under Section 375 and 376 of the Indian Penal Code.
Judgement
The Supreme Court held the accused guilty and sentenced him to imprisonment.
Further, the Court explained the meaning of the phrase against the will.
The Court said that the phrase means sexual intercourse done by a man with a
woman despite her resistance and opposition”.
Conclusion
Rape in India is a major problem. Now and then we hear rape committed on some
or the other women. And the most disgusting part is that the rape is committed on
small girls and even old ladies who are of seventy or eighty years of age.
Therefore, it is very necessary to make laws more stringent so that people will
think twice before committing such horrendous crimes.
It is also very important for women to report the crime, understand their rights.
Then only the crime rate will reduce in our country and once again India will be
known as a safe country. According to the National Crime Records Bureau of
India, there are around 88 rape cases reported in the country every day. This
alarming figure is a cause for concern as it shows that the number of sexual crimes
in the country has increased significantly.
Section 375 of the Indian Penal Code defines rape as an offence that occurs when a
man has intercourse with a woman without her consent or if she is a minor. And
under this section mere penetration is enough for that act to be considered as the
offence of Rape.
There are a lot of cases of rape that are not reported to the police. As a result, the
number of cases has increased. Due to the lack of awareness of women’s rights,
many victims do not come forward and report sexual assault. It is very important
that the society understands that the victims are not at fault and that they deserve to
be supported instead of ostracized. When the public views the rape incidents in a
different manner, then the laws related to it will be properly implemented.
CHAPTER -5
Rape charges when the perpetrator is a Minor
Introduction
On this planet, rape is one of the most horrific and atrocious crimes that can
be committed, and yet it takes place every few minutes on average. It is
when a person violates the boundaries set by another individual against the
victim's will. In India, there is a report of a rape every 15 minutes on
average. The severity of the problem continues to worsen, while the
advancement of justice is either postponed, denied, or constantly in the
process of being worked on.
The act of rape itself is not the only problem that suffocates the fresh breath
of acceptance and justice. The problem with groups that deal with rape is that
they try to teach women on how to defend and prevent themselves from
being raped. What needs to be done is to teach the accused not to rape, there
needs to be stronger consequences, and justice needs to be served in a timely
manner.
When a sexual act is committed without the victim's agreement, or when

consent is obtained by coercion or deception, this type of sexual assault is
known as rape. The term "statutory rape" refers to a situation in which the
consent is deemed to be void. This crime exemplifies the sickening practise
of adults preying on the innocence of children.
It describes a punishment that will be given to an adult if he or she had any

form of physical relationship with a girl who was of 18 years or below the
age of 18, even if he or she actively participated in the act. This punishment
will be given regardless of whether or not the girl was over the age of 18.
But what happens if the heinous conduct is carried out by a minor on another
minor who is also a minor? In this day and age, when there are more reports
of abuse committed by one child against another, what preventative
measures are now in place? How are we as a society going to put a stop to
this?
Who exactly is a Juvenile, then?
A person who does not yet meet the age requirements to be considered an adult
or to be held accountable for criminal offences they have committed is
considered to be a juvenile. The term "juvenile" comes from the Latin word
"JUVENIS," which refers to a person of any age who is younger than 18 years
old.
According to G. K. Chesterton, "For kids are innocent, and they love justice,
while the majority of us are evil, and we naturally prefer mercy."
A child is a helpless little being and a gift from God that is brought into the
world when a new life is created. These children have begun to indulge in
wrong adopted behaviour, reflecting wrong 'adult' behaviour and rage, finally
becoming caught up in acts that are in contradiction with the law due to a
combination of various circumstances and an easily accessible range of
information that is not acceptable for their age group.
Yamini Abde, an activist for children's rights, is quoted as saying that "the
urge to do something different, daring, extraordinary filled with thrill is one
of the driving forces behind the minors getting involved in heinous crimes
like rape and murder." Influence from one's peers, the urge to make quick
money, access to pornographic and criminal videos online, and the
availability of such recordings. The understanding that they would not be
punished by the legal system for their actions as minors has contributed to an
increase in aggressive behaviour as well as sexual engagement among
younger people. This lack of anxiety over the potential for punishment has
contributed to a rise in the rate of criminal activity among juveniles.
Her statement illustrates the leverage these youngsters have over the law and
how it is being abused despite the fact that proper action is not being taken to
govern the unusual ways in which they are breaking the law.
The term "juvenile" is reserved for referring to a young person who has
committed an infraction while the term "minor" is associated with a person's
lack of maturity or legal competence to make decisions for themselves.
Juvenile and sexual crimes
Offences committed against children are regarded as extremely grave and

serious, and the adults who are considered to be the predators, who are also
known as paedophiles, are considered to be the violent rapists and molesters
of children. The general public instinctively holds the assumption that adult
males are more likely to perpetrate sexual offences against females, and
more specifically against minors. This does not hold true in all situations. In
recent years, there has been a rise in the number of juveniles who do not fit
the stereotypical profile of a sexual offender committing these types of
offences.
Since the late 1980s, there has been an increasing amount of worry regarding
the number of crimes perpetrated by young people. Criminologists have
conducted extensive research in response to recent reports and cases of
significant crimes committed by children and adolescents, and they have
issued a warning about an impending wave of vicious juveniles in conflict
with the law.
It is believed that patriarchy and an imbalanced number of men to women

are contributing factors to the high incidences of rape that have been
documented in India. A kid in conflict with the law is a person who is under
the age of 18 and who has been determined to have committed an infraction.
This definition comes from the Juvenile Justice (Care and Protection of
Children) Act, which was passed in 2015.
The absence of the victim's consent is an essential component of sexual

offences. When a sexual act is performed on a person who has not given
their consent because of compulsion or when that person is deemed legally
unable to consent because of their age, mental state, or decreased mental
capacity to grant permission, the act is considered an illegal sexual offence.
In India, a person must be 18 years old before they are considered to have
reached a stage of full consent. When a person reaches this age, they are
deemed mature enough under the law to provide their consent to sexual
conduct and to engage in such activity.
According to the records that were compiled in 2017 by the National Crime
Records Bureau (NCRB) in India, there were 1,614 occurrences of rape
committed against juveniles, while 1,456 other sexual assault perpetrators in
the country were under the age of 18.
The requirement for tight regulations
People are coming to the streets, there is an outcry for justice, candles are
lighted, aid is asked from the judicial system, and the skies come to a halt as
a child goes through the heinousness of the assault that they have undergone.
There has been a recurring series of sexual abuse and rape of children that
has been documented. The youngster suffers in silence since he or she is
unable to retell the sensations, feelings, and betrayal of the presumption of
innocence. This causes the child to suffer.
The trauma entraps the psyche, leaving the person feeling helpless and
voiceless at the same time. They had not requested it, nor did they anticipate
receiving it. They were coerced into comprehending the matter, which
caused them to have feelings of being filthy and inhuman, as if they lacked
any choice or opinion of their own, and were oblivious to what was taking
place. All that they were aware of was the fact that it was wrong. The family
is in disbelief, despair, and horror since they were unable to protect their
child from the tragic event, and they blame themselves for being negligent
and thoughtless.
There is no way to either get away from the crime or deal with it. The
society engages in a game of assigning blame and searching for explanations,
all the while the judicial system rationally operates in the background. When
a crime is perpetrated against a child, it is sometimes the fault of a member
of the child's own family who violates the bounds of a connection that was
intended to be holy for the child. Not only that, but as the problem of rape
and sexual abuse becomes more widespread, children are learning and
imitating behaviours that they may have seen somewhere else as a tool of
power and superiority.
This is making the problem even more troubling. Because someone they
know was able to get away with it, it has led them to believe that it is OK to
humiliate another person in such a way. It is imperative that we demonstrate
to young children that they can be disciplined for inappropriate behaviour,
and that they should be instructed on how to behave appropriately. Sensitive
and age-appropriate language is becoming increasingly important as the era
of information and technology becomes ingrained in our everyday lives.
Any toddler, teen, or adult can quickly obtain unsuitable content by just
clicking a button. This is true regardless of age. The wrong information, in
the hands of the wrong people, can cause significant damage not only to the
life of the individual responsible for the damage, but also to the life of the
victim and to society as a whole.42
The victim is left abandoned and despairing as a result of the impact of the
crime, which prevents them from receiving support from society,
acquaintances, or even, in certain cases, relatives. The victim has a right to
justice, but in addition to that, they deserve care, acceptance, rehabilitation,
and counselling. It is imperative that we, as a society, band together in order
to combat this act of exploitation and put a stop to its further growth among
young people.43
Minor Rapist in Bihar
A shocking verdict was handed down by the Juvenile Justice Board (JJB) in
Bihar in a case involving the raping and impregnating of a minor in violation
of Indian Penal Code Section 376 and the Protection of Children from Sexual
Offences (POCSO) Act. The accused, who was only 13 years old at the time,
sexually assaulted a girl who was only 12 years old at the time when she was
carrying food for her father, who had worked in the agricultural field
previously.
The young woman did not tell anyone about what had happened because she
was afraid. The situation came to light when it was discovered that the girl
was pregnant despite the acute pain she was experiencing in her lower
abdomen. The girl's aunt filed a complaint, which led to the accused person
42
43
being taken into custody. After some time had passed, he was apprehended
and taken to a remand house in the Patna area. The girl was severely affected
as a result of the situation because her family did not accept her and they
forced her to leave. She was transferred to a safe house, where she ultimately
gave birth to the child.44
Case of the Rape in Bharatpur
In 2018, a boy who was 14 years old was arrested under the provisions of the
Criminal Procedure Code and the Protection of Children from Sexual
Offences Act for allegedly raping his 5-year-old girl cousin in the city of
Bharatpur. He allegedly did this by luring her to a remote location with the
promise of giving her 10 rupees for toffees. The young girl's mother became
aware of the assault when she discovered her daughter bleeding on the floor.
Juvenile Justice Court in Kairana
On February 12, 2018, a teenager who was 15 years old lured a girl who was
6 years old and was his neighbour in the Shamli district. He then sexually
assaulted the girl. In accordance with Section 376 of the Indian Penal Code
and Section 7 of the Protection of Children from Sexual Offences Act, the
Juvenile Court in Kairana found the accused to be responsible for the crime
and sentenced him to three years in a juvenile detention facility without
imposing a fine because he was under the age of sixteen at the time of the
offence.
The Nirbhaya Gang Sexual Assault Investigation, 2012
44
The precedent-setting ruling in the NIRBHAYA GANG RAPE CASE, 2012,
which shocked the entire nation and left people unable to speak, was the final
nail in the coffin for the necessary adjustments in the legal system and the
administration of justice that were necessary in relation to the crimes
perpetrated by juveniles.
After going to see a movie in a cinema in South Delhi, the victim, Jyoti, who
was 23 years old, and her friend were walking back to their flat. They were
waiting for the bus, and when it finally arrived, they got on it without
thinking twice before realising that there were already five people and one
child present on the bus. After abusing her acquaintance, the six offenders
subjected the victim to vicious and repeated acts of gang rape as well as
physical and psychological abuse. The horrendous treatment she received,
including being raped and tortured, goes against the whole idea of what it
means to be human.
The Supreme Court of India has decided to uphold the death penalty for the
four convicted individuals, Akshay Thakur, Vinay Sharma, Pawan Gupta,
and Mukesh. The court described the act as being "barbaric and devilish."
The sixth juvenile member of the gangrape accused was simply sent to the
reformation centre for three years, while the fifth accused member of the
gangrape accused, Ram Singh, was discovered hanging in his cell in Tihar
jail in the year 2013.
The issue that arose was whether or not a juvenile should be held
accountable for the death penalty, particularly in circumstances of such a
serious nature as rape. Mohammad Afroz, the juvenile offender, ran away
from home when he was 11 years old and began working with Ram Singh as
a janitor of his bus. Ram Singh was his employer. After being found guilty in
the historic Delhi Gangrape Case, due to the fact that he was still a kid at the
time, he was given an alternative sentence of serving three years at a juvenile
detention centre in Majnu Ka Tila, which is located in North Delhi.
In spite of the fact that he was accused of being the most violent of the six
suspects and of brutally assaulting the victim with an iron rod, the Juvenile
Justice board decided to spare him the death penalty and dismissed the
claims against him as baseless.
There were a lot of questions that pointed to the overwhelming blanket of

protection that was given to a youngster who did a horrible crime like raping
and murdering someone. The sentence for the juvenile was the most hotly
contested issue, and there were outlandish demonstrations demanding that
the juvenile be tried as an adult because of the severity of the act.
Even a major public uproar was not enough to prevent the release of the
juvenile from the correctional home after he had served his full three-year
sentence. According to the reports, the youngster did not improve during his
time there.
Provisions and statutes that are pertinent
Indian Penal Code, 1860
Under the Indian Penal Code, 1860, rape has been classified as a serious
criminal offence for a very long time.
• A male is considered to have committed the crime of rape if, according to

Section 375 of the Criminal Code, he has sexual relations with a woman
under conditions that fit the legal definition of rape, which includes the
following:
1. In defiance of the choice made by the lady
2. Without having received her permission or consent
3. With her permission, by creating an irrational fear of being killed or injured

by putting her or any other person in whom she has an interest in danger
4. With consent based on the presumption that the accused is her husband,
despite the fact that the accused is aware that he is not her husband and that
her consent was granted based on a false presumption of who her spouse is;
5. Consent that was provided in spite of mental impairment, intoxication, or the

administration of any substance by him directly or through another person,
which rendered the recipient unable of comprehending the nature of the act
and the repercussions of her participation in it.
6. Irrespective of whether or whether the girl has given her consent when she is
younger than 16 years old.
• The explanation to the law states that penetration would be sufficient to

constitute the sexual intercourse requisite to the offence of rape. • The Indian
Penal Code (1960) exempted minors younger than 7 years old from the
responsibility of committing a crime. In addition to this, it exempted
youngsters from seven to twelve years old on the grounds that they had not
yet reached an adequate level of maturity.
Statutory Rape was the sole law that existed to protect minor victims from
being raped or subjected to sexual exploitation before the year 2012. The
deficiencies of the IPC became more obvious as the number of sexual
offences committed by juveniles against adults increased. Traumatised
children were frequently the victims of sexual abuse committed by members
of their families or other persons they knew.
For this reason, in 2012, the Protection of Children from Sexual Offences Act
(POCSO Act) was passed in order to safeguard young people from being
subjected to sexual exploitation. This legislation resulted in the
establishment of specialised courts and the involvement of trained personnel
in order to look after the mental and emotional well-being of the juvenile
defendants while the case was being heard.
2012 legislation titled the Protection of Children from Sexual Offences Act
• On May 22, 2012, the Protection of Children from Sexual Offences Act,
2012 (POCSO) was approved and signed into law by the Parliament. The
14th of November 2012 was the day it went into effect.
• The purpose of this legislation is to shield minors from the criminal acts of
sexual assault, sexual harassment, and pornography committed against
persons less than the age of 18 years. Even after the excessive need for its
provisions and regulation, this law continues to be largely unimplemented
and unknown. Even after the excessive need for its provisions and
regulation.
• As soon as a complaint is lodged, it attempts to provide assistance and
rehabilitation to the affected party.
•Under POCSO, one may be held accountable for not only committing an
infraction but also for abetting or assisting in the sexual abuse of a child. In
order to facilitate a rapid resolution of the case and the implementation of
particular procedures to prevent children from not seeing the accused while
they are testifying, the trial is required to take place in specialised children's
courts.
• The juvenile convict in the 2012 Delhi Gang Rape was tried as a minor and
evaded the full burden of the law despite the fact that he was 17 years old.
This was made possible by the Criminal Code (Amendment Act) of 2013.
After the youngest inmate of the 2012 gang rape that occurred in Delhi was
released from detention, there was a growing outcry for the legislation to be
changed. The victim's parents led a campaign to seek justice for their
daughter and fought tirelessly for it.
• In 2015, the Indian Parliament passed a measure that made it possible for
adolescents between the ages of 16 and 18 to be tried as adults for major
crimes such as rape or murder. This was done in an effort to prevent similar
situations from occurring in the future. A person under the age of 18 could
only be sentenced to a maximum of three years in a correctional facility
before the measure was passed. The legislation made it clear that juveniles
between the ages of 16 and 18 who committed heinous and violent acts like
raping or murdering another person would be tried and punished like adults
in such cases. On March 19, 2013, the Criminal legislation (Amendment
Act) 2013, often generally known as the "Anti-Rape Bill," was ultimately
enacted into law.
Act of 2015 Relating to the Care and Protection of Children in the Juvenile
Justice System
• The Juvenile Justice Act, 2000, which dealt with the problem of children in
conflict with the law in addition to discussing children who required care and
protection, was amended twice in the years 2006 and 2011. Its successor, the
Juvenile Justice (Care and Protection of Child) Act 2015, was created to
replace the Indian juvenile justice delinquency law.
• Both of these issues were addressed in the Juvenile Justice Act, 2000. On
closer inspection with its provisions has formed a group of juvenile offenders
between the ages of 16 and 18 who may be tried as an adult for offences that
are judged to be serious and heinous. This group of juvenile criminals is
eligible for the possibility of being tried as an adult. It is up to sociologists
and psychologists to make a decision about the issue.
• It establishes a child-friendly strategy for adjudication and disposal to

prioritise the best interests of a kid with rehabilitation and other benefits. • It
aims to cater to the developmental needs of the child through proper care,
protection, and treatment. • The Act was enacted in order to fulfil these
objectives.In addition, the Act makes it illegal for the media to reveal the
identities of minors who have broken the law and whose situations are
supposed to be kept private.
• According to subsection (3) of section 18 of the Juvenile and Family Court
Act, the Juvenile Board has the authority to transfer a case to a Children's
Court if it is determined that the accused minor is over the age of 16 and has
the mental and physical capacity to commit a heinous crime, as well as the
ability to understand the consequences and the circumstances of such a
crime. This determination is made after a preliminary evaluation of the
accused minor's mental and physical capacity to commit such an offence.
The youngster may be delivered to a secure location, and after he or she
reaches the age of 21, the individual will be taken to a correctional facility.
• According to Section 47(4), "Every child who is alleged to be in conflict with
the law and who is not placed under the charge of a parent or guardian and is
sent to an observation home shall be segregated according to the child's age
and gender," and this separation must take place "after giving due
consideration to the physical and mental status of the child and the degree of
the offence committed."
• According to clause (21) of section 2, a child who has not yet reached their
18th birthday cannot be sentenced to the death penalty or life in prison.
Ordinance of 2018 Relating to Amendments to the Criminal Law
The Criminal Law (Amendment) Ordinance, 2018 came into effect the same
year it was passed. It brings the maximum possible sentence up to the level of
capital punishment. It was rushed without the appropriate application of mind,
and it was questioned, both of which contributed to the perception that it was not
wanted in general. This led to prejudice between male and female child victims.
The Law on a Global Scale
• According to Beijing Rule 17.2 and Article 37(3) of the Convention on the
Rights of the Child, the death penalty or a sentence of life imprisonment
cannot be handed down to a child who is younger than 18 years old.
• The General Comment No. 10 of Point 71 of the Convention on the Rights of
the Child states that the penalty for an offence should be proportional not
only to the circumstances and the severity of the offence, but also to the age,
circumstances, and requirements of the child along with the needs of society.
This comment states that the proportionality should be considered when
determining the appropriateness of the punishment.
Who is to blame for this situation?

Children of today are coming to terms with their sexuality far earlier than the
age at which they should do so as a result of the unrestricted access to
information, the availability of cell phones to children at a young age, and
the influence of the internet.
Because of the stigmas that are attached to the idea as a whole, society as a
whole avoids having this talk and cringes at the thought of having it. It is
necessary to have conversations with youngsters in order to ensure that they
have an understanding of the tools they use and the information that they
take in.
The topic of sexuality is not discussed very much in homes or schools.
Although there is a wealth of information available via television, the media,
websites, and articles, nobody is willing to take responsibility for the
challenges and difficulties that the child is experiencing and talk about them.
Because of this, the child is forced to misappropriate the information because
they are unable to discuss it with anybody else and hence end up using the
material for their own benefit.
If we as a culture are not yet prepared to talk about it, instill the correct
beliefs, or talk to youngsters about the concept of sex and sexuality, then
how can we fully blame them when they behave in an incorrect manner?
Although they do not bear the entire weight of responsibility on their
shoulders, we are all in this together.
Other prevalent factors that lead to minors committing crimes such as rape
include: poverty; substance misuse; child sexual abuse; illiteracy; antisocial
peer group; abusive parents; family violence; and violent peers.
Suggestions
The Acts and legislation provide for the idea of intelligible differentia, which
provides for a different treatment to be given to children who have committed
tiny transgressions in comparison to those children who have committed more
serious violations.
Due to the fact that the brain develops in phases, children under the age of 18
years have varying levels of mental capability. The gravity of the offence that a
kid commits may vary, reflecting their varying levels of maturity at the time of
the offence. In the case of Roper v. Simmons, the Supreme Court ruled that all
adolescents should be given individual consideration that varies from case to
case while being examined based on their degree of maturity, education, life
experiences, past history, and feelings of moral responsibility. This ruling was
made public.
According to the Hindustan Times, "a preventive strategy to control crimes by
juveniles, Delhi Police has started the scheme 'Yuva' for young adults and street
children of the society." Yuva is an acronym that stands for "young adults and
street children of the society." The goal of this programme is to "channel the
energy of young adults and children to make them productive members of
society and to prevent them from moving towards crime and drugs at an early
age." Workshops, sports activities, and vocational training are just some of the
activities that are being organised as part of this programme.
There has to be more awareness raised about POCSO so that people are aware of
the various statutes and laws that pertain to children.45
To impede the progression of adolescent rape and criminal cases, a severe

implementation of the laws had to be seriously contemplated as a potential
strategy.
Any delay in the handling of the rights of children or insensitivity towards such
rights must be given attention to and addressed.
45
The juvenile offender's rehabilitation into society should be the primary
emphasis of the penalty, and the sentence should take into account what is in the
best interests of both society and the offender.
Despite the fact that it is difficult to prove mens rea in such circumstances due to
the fact that the human brain continues to develop up until the age of 18 years
old. The human brain, on the other hand, develops 85 percent of an individual's
personality, skills, and intellectual capability by the age of 5 years. Because of
this, the brain is able to quickly identify anti-social behaviour and develops
cognitive capacity.
Therefore, there is nothing that can be done to prevent the law from recognising
kids as adults in extreme circumstances and punishing them in order to create an
example that will discourage any future crimes and offences.
It is critical to have a solid understanding of the circumstances surrounding a
young offender's criminal behaviour. A kid may be compelled to engage in such
behaviour for a variety of reasons, including the possibility that they have been
the target of sexual abuse or the possibility that they have obtained access to
inappropriate material that confuses them and causes them to act on it out of
curiosity. It is essential to take into account every aspect in order to
acknowledge the requirements of the child and to act in a manner that is most
beneficial to the juvenile.
• In addition to this, it is essential to investigate the circumstance and keep an

eye out for any unfounded allegations.
• It is important for parents to talk to their kids about gender equality and how
to treat women with respect. They shouldn't prioritise the needs of the male
child over those of the female youngster.46
CONCLUSION
According to what Kiran Bedi had to say about the matter, "This means that we
need to pass on this awareness to families and explain to them that they cannot
just keep their sons loose...meaning thereby boys without rules of discipline,
acquiring bad habits, disappearing from homes without parents knowing their
whereabouts, drinking away, dropping out of school, abusing drugs, and being
vagabonds." There is an emphasis placed on the significance of the function that
support from family plays.
Because they are obligated to care for, protect, and teach their children the
proper values, as well as discipline them when they act inappropriately, families
bear the responsibility for crimes committed by their children. These days,
children are not only subjected to sexual imagery through television, but also
through popular music, movies, and video games.
Children are constantly hearing and seeing references to sexual activity. Due to
the amount of time that has passed since they were exposed to unsuitable
material, they are now confused and unsure how to make use of it.
They have not yet reached the maturity level necessary to comprehend the
material or implement its procedures, which results in misunderstanding and
improper actions on their part. They start off by engaging in behaviours out of a
sense of exploration and experimentation, which leads to poor choices and
46
inappropriate behaviours, which ultimately leads to them being charged with
sexual offences against the law. A legislation has to accurately reflect the hopes
and dreams of a society in order to be effective.47
In spite of the fact that this is a very depressing and unsettling debate concerning
the involvement of minors in crimes such as rape, it is imperative that we have
this conversation as soon as possible before it is too late to make reparations. It
is equally the obligation of the family, society, and the state to look after
children and ensure that they do not stray from the path of righteousness. They
should be given the opportunities to develop their social and cultural identities in
a setting that is conducive to their wellbeing. They need to be brought up in the
appropriate way and taught the right lessons so that they can become responsible
citizens of the nation in the future.
In a growing juridification of life, law and justice are an integral part of lived
experiences of men and women in today’s world. That is, differences in women
and men’s social, economic, and legal conditions affect the way they encounter
law and justice in their lives, and their everyday experience of law and justice
simultaneously shapes the patterns of social, economic, and legal rewards and
miseries.
47
REFERENCES
1) Prakash, A. (2018). Role of Prohibitory Legislation in Preventing Online Sexual Abuse of

Children: A Critical Socio-Legal Analysis. United world Law Journal, 2, 2457-0427. Prakash, A.
(2018). Role of Prohibitory Legislation in Preventing Online Sexual Abuse of Children: A
Critical Socio-Legal Analysis. United world Law Journal, 2, 2457-0427.
2) Babbar, S. K. (2014). Child Welfare: A critical analysis of some of the socio-legal legislations
in India. IOSR Journal Of Humanities And Social Science, 54-60.
3) Seth, R. (2015). Child abuse and neglect in India. The Indian Journal of Pediatrics, 82(8), 707-
714.
4) Choudhry, V., Dayal, R., Pillai, D., Kalokhe, A. S., Beier, K., & Patel, V. (2018). Child sexual
abuse in India: A systematic review. PloS one, 13(10), e0205086.
5) Carson, D. K., Foster, J. M., & Tripathi, N. (2013). Child sexual abuse in India: Current issues
and research. Psychological Studies, 58(3), 318-325.
6) Virani, P. (2000). Bitter chocolate: Child sexual abuse in India. Penguin U.K.
7) Moirangthem, S., Kumar, N. C., & Math, S. B. (2015). Child sexual abuse: Issues & concerns.
The Indian journal of medical research, 142(1), 1.
8) Iravani, M. R. (2011). Child abuse in India. Asian social science, 7(3), 150-153.
9) Srivastava, K., Chaudhury, S., Bhat, P. S., & Patkar, P. (2017). Child sexual abuse: The
suffering untold. Industrial psychiatry journal, 26(1), 1.
10) Seth, R. (2015). Child abuse and neglect in India. The Indian Journal of Pediatrics, 82(8),
707-714.
11) Deb, S. (2015). Legislation concerning reporting of child sexual abuse and child trafficking
in India: A closer look. In Mandatory reporting laws and the identification of severe child abuse
and neglect (pp. 541-564). Springer, Dordrecht.
12) Halder, D. (2018). Child Sexual Abuse and Protection Laws in India. SAGE Publishing
India.
13) The Constitution of India, (1950)
14) The Immoral Traffic Prevention Act, (1956).
15) The Indian Penal Code, (1860).
16) The Protection of Children from Sexual Offences Act, (2012).
17.) Ainsworth, F. (2002). Mandatory reporting of child abuse and neglect: does it really make a
difference? Child and Family Social Work, 7, 57–63.
18.) Andrade, C., & Sathyanarayana Rao, T. S. (2013). Childhood sexual abuse and the law:
more problems than solutions? Indian Journal of Psychiatry, 55(3), 214–215.
19.) Back, S., Jackson, J., Fitzgerald, M., Shaffer, A., Salstorm, S., & Osman, M.(2003). Child
sexual and physical abuse among college students in Singapore and the United States. Child
Abuse and Neglect, 27(11), 1259–1275.
20.) Barth, J., Bermetz, L., Heim, E., Trelle, S., & Tonia, T. (2013). The current prevalence of
child sexual abuse worldwide: a systematic review and meta-analysis. International Journal of
Public Health, 58, 469–483.
21.) Carson, D., Foster, J., & Tripathi, N. (2013). Child sexual abuse in india: current issues and
research. Psychological Studies, 58(3), 318–325.
22.) Choudhury, R. (2006). Understanding family life in India. In A. Chowdhury, D. K. Carson,

& C. K. Carson (Eds.), Family life education in India: perspectives, challenges, and
applications (pp. 31–57). Jaipur: Rawat Publications.
23.) Goldman, J. (2010). Australian undergraduate primary school student-teachers’ responses to

child sexual abuse and its mandatory reporting. Pastoral Care in Education: an International
Journal of Personal, Social and Emotional Development, 28(4), 283–294.
24.) Human Rights Watch. (2013). Breaking the Silence: child sexual abuse in India. USA:
Human Rights Watch. ISBN 1-56432-980-1.
25.) The Times of India. (2013). “Consensual sex with minor not a crime, Delhi court says”, 26th
August. http://timesofindia.indiatimes.com/city/delhi/Consensual-sex-with-minor-not-a-crime-
Delhi-court-says/articleshow/22056783.cms. Accessed 16 June 2015.
26.) Supreme Court of India. (2008). Babloo Pasi vs State Of Jharkhand and Anr., 3rd October.
(http://indiankanoon.org/doc/1923647/). Accessed 16 June 2015.
27.) Stoltenborgh, M., van Ijzendoorn, M., Euser, E., & Bakermans-Kranenburg, M. (2011). A
global perspective on child sexual abuse: meta-analysis of prevalence around the world. Child
Maltreatment, 16(2), 79–101.
28.) Shaikh, Z. (2015). Fact: 1 in 6 Indian women marry under 18, The Indian Express, 5th
June. http://indianexpress.com/article/india/india-others/fact-1-in-6-indian-women-marry-under-
18/. Accessed 17 June 2015.
29.) Schmeling, A., Olze, A., Reisinger, W., Rosing, F., & Geserick, G. (2003). Forensic age
diagnostics of living individuals in criminal proceedings. HOMO Journal of Comparative
Human Biology, 54(2), 162–169.
30.) National Crime Records Bureau. (2015). OGD Platform: Open Data Source Government of
India. http://data.gov.in/catalog/crime-committed-against-children-under-different-crime-
heads#web_catalog_tabs_block_10. Accessed 16 June 2015.
Websites
1. https://www.wksexcrimes.com/practice-areas/child-on-child-sexual-abuse/
2. https://www.bbc.com/news/world-asia-india-35161193
3. http://www.legalserviceindia.com/legal/article-240-the-juvenile-rape-case.html
4. https://thelogicalindian.com/story-feed/awareness/sexualt-assault-laws/?
infinitescroll=1
5. https://www.theweek.in/news/india/2020/01/17/Minor-boy-sent-to-correction-home-
for-3-yrs-for-raping-6-yr-old.html
6. https://www.bbc.com/news/world-asia-india-43782471
7. http://www.legalserviceindia.com/legal/article-240-the-juvenile-rape-case.html
8. http://www.aimjf.org/download/Documentation_EN/
JUVENILE_JUSTICE_LAW_AND_POCSO__A_CHILD_LAW_IN_THE_MAKI_N
G-13.01.2016.pdf
9. https://www.scconline.com/blog/post/2018/01/31/adult-time-adult-crime-road-
juvenile-justice/#_ftn15
10. http://www.micheleshawlaw.com/juvenile-sex-offenses.php
11. https://www.hindustantimes.com/jaipur/14-year-old-boy-detained-for-raping-5-year-
old-cousin/story-1laMAtvO6kkrjaF5oaX5gM.html
12. https://youthaction.in/2016/09/juvenile-crimes-in-india/
13. https://www.business-standard.com/article/pti-stories/over-40k-juveniles-caught-in-
2017-72-pc-in-16-18-age-group-ncrb-119102201492_1.html
14. https://www.hindustantimes.com/delhi-news/155-rapes-in-delhi-committed-by-
minors-govt-says-juvenile-crime-up-by-5-in-2016/story-
DYGQkUFz2CyhZ7YKWIIEjI.html

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RAPE LAWS WITH REGARD TO MINORS IN INDIA

In order for children to mature into contributing members of society, appropriate

The establishment of societal ideals and expectations can be attributed to the

The ability of children to make their own decisions should be recognised in

Training on child rights, including national and international legislation, should be

It is imperative that laws be changed, in addition to attitudes, in order to put an end

The Sexual Exploitation of Children Is A Growing Problem In India

Child sexual abuse can be identified by a number of telltale signs, including

In accordance with the Juvenile Justice Act, a boy is considered to be a juvenile if

LEGISLATIVE & JUDICIAL RESPONSE

(iii) The Constitution safeguards the well-being of minors by prohibiting them

Infringing against the modesty of a woman or girl in violation of Section 509;

A sexual assault is considered to be "aggravated" under this law when it is

The following are examples of child-friendly approaches to recording testimony:

The Act contains several loopholes.

Dangers in the Judiciary and the Administration of Justice:

A problem that is connected to this one is the propensity of lawyers to request

Problems that can arise in administration:

Second, the MLC of the victim is not performed as frequently as it should be

POCSO Act: Recent Developments

Additionally, the penalties for storing pornographic material for commercial

The legislation has been changed to include harsher punishments; nonetheless, it

The increasing prevalence of children and adolescents in India using internet-based

Abuse of children in a sexual manner is a social problem that has far-reaching

In response to the disturbing rise in the number of sexual offences committed

Legal response to CSA

As a consequence of this, other types of sexual assaults, harassment, and

Reporting that is required by law

The law presents a number of challenges for organisations, charities, and

An early determination by an appropriate authority that sexual actions that occur

A hyper-technical approach should not be used, according to the Supreme Court,

This could present a difficulty in developing nations such as India, where a

The mandatory connection of UIDFootnote2 (Unique Identification) with victim

Rape Laws in India : Minor, Limited, Conservative and Devoid of

There has been a disturbing spike in the number of incidences of violence

There is a long tradition of gender-based violence in India. From the JC Bose

 The purpose of this research article is to investigate whether or not a rape

• What are some arguments for and against the implementation of

• What kind of effects and repercussions does having a law that is

 Is there a requirement for gender-blind legislation in cases involving caste

• If it needs to be totally gender neutral, or if, as many people have

• The goals of the research are as follows:

• To do research on rapes committed during marriage.

• To do research on the gender bias that exists under rape

• To conduct research into the possibility of revising our rape

• To do research into the reasons or causes behind rapes that

• Conduct research on the sector of Indian society that is most

What constitutes gender neutral?

Determine whether the answer is to make it gender-inclusive for the offender

The question of whether or not rape during marriage constitutes a serious

1. There is an immediate need to address the problem of sexual violence against

3. There should be a distinct legal framework for exacerbated cases of caste

Novotny (2003), in an essay published in the Seattle Journal of Social

In his article "Projansky (2001)," the author discusses, with reference to a

Asaah (2007) conducts research on the prevalence of rape in order to

Arvind Narain (2013), writing a commentary on the Criminal Law

By taking a qualitative approach to their research, Durosaro and Omotosho