The main features of the Rape Law:
(i) The increasing incidence of rape is sending shockwaves throughout the country. But how do you combat rape? The first rape law in India was passed in the year 1860. For 123 years, that is, till 1983 the law remained unchanged. The law against rape was heavily biased against women. Until it was amended in 1983, it was left to the victim herself to prove 'beyond all reasonable doubt' that she had not consented to sexual intercourse. The only proof, which was accepted by the court, was one of serious physical injury. In the Mathura rape case, the policemen who were responsible were acquitted, but this judgement brought forth widespread protests and demand for changes in the rape law. The 1983 amendment was a response to these protests and two significant changes were brought forth in the rape law. These were:
(a) The inclusion of custodial rape as an offense. and
(b) Awarding a minimum of 7 years imprisonment for offenders, and for persons found guilty of custodial rape, gang rape, rape of pregnant women and girls below 12 years of age, and a minimum of 10 years imprisonment.
(ii) In a landmark judgement delivered in 1983 the court also held that additional corroboration of a rape victim's testimony was not required. The court added that, in the circumstances prevailing in Indian society, refusal to act on the testimony of the victim was adding insult to injury. The Indian Evidence (amendment) Bill 2002 amending the original Act of 1872 deleted two clauses, which show that the victim of rape or attempted rape is of generally immeral character.
(iii) The 1983 amendment, no doubt brought elements of judicial activism [judiciary playing the role of an activist who will bring to a victim, the justice, which she actually deserves] into the rape law, but even today, a large number of rape cases go either unreported or unpunished.
(iv) The strong social stigma attached to rape and the tendency to fix responsibility on the woman for a rape incident hold many women back from lodging complaints or pursuing the case. A progressive judiciary as well as police force can go a long way in not only punishing tenders, but also checking the incidence of rape in our society. The public on their part must also come forward to condemn inhuman acts such as rape.
(v) Rape poses a serious challenge to women's empowerment. The fear or threat of rape keeps many girls and women from aspiring for or achieving social mobility. Parents may also use this as a convenient tool for discouraging their daughters from the pursuit of higher goals in life. The quest for gender equality can not make any headway, if sexual abuse of women continues unchecked.
The main features of the Rape Law:
(i) The increasing incidence of rape is sending shockwaves throughout the country. But how do you combat rape? The first rape law in India was passed in the year 1860. For 123 years, that is, till 1983 the law remained unchanged. The law against rape was heavily biased against women. Until it was amended in 1983, it was left to the victim herself to prove 'beyond all reasonable doubt' that she had not consented to sexual intercourse. The only proof, which was accepted by the court, was one of serious physical injury. In the Mathura rape case, the policemen who were responsible were acquitted, but this judgement brought forth widespread protests and demand for changes in the rape law. The 1983 amendment was a response to these protests and two significant changes were brought forth in the rape law. These were:
(a) The inclusion of custodial rape as an offense. and
(b) Awarding a minimum of 7 years imprisonment for offenders, and for persons found guilty of custodial rape, gang rape, rape of pregnant women and girls below 12 years of age, and a minimum of 10 years imprisonment.
(ii) In a landmark judgement delivered in 1983 the court also held that additional corroboration of a rape victim's testimony was not required. The court added that, in the circumstances prevailing in Indian society, refusal to act on the testimony of the victim was adding insult to injury. The Indian Evidence (amendment) Bill 2002 amending the original Act of 1872 deleted two clauses, which show that the victim of rape or attempted rape is of generally immeral character.
(iii) The 1983 amendment, no doubt brought elements of judicial activism [judiciary playing the role of an activist who will bring to a victim, the justice, which she actually deserves] into the rape law, but even today, a large number of rape cases go either unreported or unpunished.
(iv) The strong social stigma attached to rape and the tendency to fix responsibility on the woman for a rape incident hold many women back from lodging complaints or pursuing the case. A progressive judiciary as well as police force can go a long way in not only punishing tenders, but also checking the incidence of rape in our society. The public on their part must also come forward to condemn inhuman acts such as rape.
(v) Rape poses a serious challenge to women's empowerment. The fear or threat of rape keeps many girls and women from aspiring for or achieving social mobility. Parents may also use this as a convenient tool for discouraging their daughters from the pursuit of higher goals in life. The quest for gender equality can not make any headway, if sexual abuse of women continues unchecked.
