Name: Shipra Gupta

Rape Culture in India : Challenges and Way forwards

“Rape is not only a bodily offence but an act of destroying the soul
of the woman”
Rape is increasing at a very high rate in India and the brutality of the cases are increasing day
by day. Every case reveals the declining stage of humanity. It seems so painful to see how a
human being is destroying the entire body and soul of another human being only to satisfy
their sexual urge.

Hathras Case, Nirbhaya case and all the other rape cases show the brutality of men which
cannot hold in men in their limits to control their sexual urge. It has been year’s that India has
kept on witnessing rape cases in the loop. Maybe we have borrowed the best laws of every
country to compile and make our own laws but we have miserably failed to implement them,
unlike others. After the rape government only declares the rewards of money to the family of
the victim and then sit quietly. Will, this rewards can bring the life of their daughters or will
this rewards can stop the rapes?

Section 375 of Indian penal defines the rape and Section 376 & 376(D) provides the
punishment for rape which is 10 years of rigorous imprisonment which can extend up to life
imprisonment and 20 years of rigorous imprisonment which can extend up to life
imprisonment or fine or both. But the question arises that if the punishment stated in section
376 of Indian Penal Code providing justice is the punishment is equal to the pain that has
suffered by the innocent victim and lost their life? According to the recent statistics of 2019
reveals by the National Crime Record Bureau that approx.87rape cases are reported every
day, in every 15 minutes a rape occurs in India.

The major reason behind the increasing rates of rape is criminals do not have any fear. This is
not only because of the loopholes of the Judiciary system and existing Rape laws but also due
to the police, Politicians, doctors and the government who protect the accused by destroying
or denying the evidences to get rid of answering the questions imposed on their liability by
the people.
After the Nirbhaya Case held in 2012,the amendment was made in rape laws in 2013. But
nothing has changed in fact cases increases more in numbers and extremely heinous rape
cases are reported every day. This is so shameful that a girl child of 6 months to a woman of
90 years is the prey of the rape, this is how India is showing respect and dignity towards the
woman.

Kuldeep Singh Sengar & ors. V. State of U.P. ( Unnao Rape Case)1

In 2017, a BJP MLA Kuldeep Sengar commits gang rape with a 17-year-old girl. Police
refused to file the FIR due to which the victim attempted to commit suicide by burning
herself and due to political influence police falsely arrested victim’s father and on the day the
victim attempted suicide her father was murdered in police custody. In 2019 all the accused
were convicted under the offence of rape.

This shows the abuse of power, authority and political influence.

Hathras Rape Case 2

On 14, September 2020 a girl was gang-raped by four persons in the farm, they were so
inhuman that after rape they beat the victim brutally which results in fractured her spinal
cord, her tongue was injured, and her legs were paralysed. After all this the inhumanity of the
system of government reveals out :

 Police delayed in registering of FIR

 Police refused to give the dead body of the victim to the relatives for cremation
ceremony and forcefully police cremated the body in the absence of her parents and
relatives. Police snatched rights of relatives to perform last rites of the person
according to Article 25 Of the Constitution of India.

I. CHALLENGES
 Leniency in Punishment
The punishment prescribed under section 376 for the rape is so painless and less
severe which results in that criminals don’t have any fear and the major reason is that
there is no surety that the accused will get punishment compulsorily.
1
2017
2
14th September 2020
  High Acquittal Rate
Accused gets acquittal easily due to political influences. As the rape is most serious
offence hence it is a non-bailable offence but then also accused gets bail. And in jail,
if the behavior of the accused is good then the court reduces their punishment.This
results in increase in the rape case.
 Low Rate of Conviction
Only 50% to 60% cases reached the police station and court out of which only 25%
accused get convicted and the rest cases are in the pending list and rest cases are not
even registered which results in criminals roaming freely and committing more
offences.
 Judgment Delayed in Fast track Courts
Irrespective of the fact that India has Fast track courts but then also judgment comes
after 7-8years. This is because lack of evidences which results in increasing the dates
of hearings which delayed the judgment.
 Politics in rape matters
When the rape happens in any state than all the other state government, opposition
parties and media start blaming on the state government and on each other which
results in political leaders of the state start protecting the accused to get rid of the
liability imposed on them and to protect their position .
 Police don’t take the case seriously
In most of the cases the police don’t take the case seriously they refused to file the
FIR and in case of villages if rape is committed by the renowned person of the village
thenin that case police refused to register the case and also threatens the family of the
victim also police delayed in the investigation and destroys the evidence.

II. WAY FORWARDS

 Severity and Surety of punishment

There is an urgent need to bring the severe punishment for rape merely, rigorous
imprisonment for 10-20 years which extends to life imprisonment is not up to the
mark and in rarest of the rare case there is capital punishment ( hanging ). Capital
punishment must be more severe and painful in nature so that it creates fear in the
mind of criminals.
 Also, there must be a surety that every person who commits rape will be punished
with the most severe punishment and there would be no option for their acquittal.
 Conviction rates must be high
This is so worst that only 50%-60% cases registered for the offence of rape and out of
which 25% accused get convicted. There must be one rule in India that if any person
committed the rape there must, be surety of the conviction of the accused and not a
single accused would not be acquitted and escaped from punishment.
 Separate Fast track courts for rape
In every 15minutes a rape is happening in India which is dragging India to be the
Rape Capital of the world. To completely remove rape from India there must be the
establishment of separate fast track courts for the rape which can provide speedy
remedy to the rape victims in all the areas of India. This will decrease the number of
rape cases.
 Structured Education of Rape
Schools and Colleges must educate the boys and girls about the rape, rape punishment
so that young boys know the severity of the offenceand every girl of the country must
know her rights so that they can seek for the justice. This will diminish the rape
culture from India.
 There should be no politics in case of rape
Political leaders, opposition parties and media should understand that the entire
country is responsible for the increasing rate of rape. This is not a matter of politics all
the responsible government are equally liable for each and every rape case happening
in India.
The state government and central government should made very strict and speedy
system against rape, which will result in every person thinks thousand times before
committing the rape.
 Sensitization and seriousness of police
Police must take the case the police ensures that each and every case of rape must be
registered not a single case can remain unregistered. Also there must be sensitization
of police so that victim and their family feel comfortable to register the FIR.

III. CONCLUSION
If India has to be saved from becoming the rape Capital of the world, there is urgent need to
reconditioning the punishment of rape and also the government's system. Considering all
aforesaid arguments it can be concluded that the state and central government must make the
strict system against rape.In India every person whether man or woman has the right to live
with dignity, so this heinous crime which destroys the soul of the woman must be stopped
and this is the responsibility of each and every citizen of India to educate the people about
this heinous crime and raise their voice to stop this brutal offence.