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VOLUME 1: ISSUE 9 ||January 2020 || Email: Editor www.whiteblacklegal.co.in ISSN: 2581-8503 VOLUME 1: ISSUE 9 ||January 2020 || Email: [email protected] Website: www.whiteblacklegal.co.in 1 www.whiteblacklegal.co.in ISSN: 2581-8503 DISCLAIMER No part of this publication may be reproduced or copied in any form by any means without prior written permission of Editor-in-chief of White Black Legal – The Law Journal. The Editorial Team of White Black Legal holds the copyright to all articles contributed to this publication. The views expressed in this publication are purely personal opinions of the authors and do not reflect the views of the Editorial Team of White Black Legal. Though all efforts are made to ensure the accuracy and correctness of the information published, White Black Legal shall not be responsible for any errors caused due to oversight or otherwise. 2 www.whiteblacklegal.co.in ISSN: 2581-8503 EDITORIAL TEAM EDITOR IN CHIEF Name - Mr. Varun Agrawal Consultant || SUMEG FINANCIAL SERVICES PVT.LTD. Phone - +91-9990670288 Email - [email protected] EDITOR Name - Mr. Anand Agrawal Consultant|| SUMEG FINANCIAL SERVICES PVT.LTD. EDITOR (HONORARY) Name - Smt Surbhi Mittal Manager || PSU EDITOR(HONORARY) Name - Mr Praveen Mittal Consultant || United Health Group MNC EDITOR Name - Smt Sweety Jain Consultant||SUMEG FINANCIAL SERVICES PVT.LTD. EDITOR Name - Mr. Siddharth Dhawan Core Team Member || Legal Education Awareness Foundation 3 www.whiteblacklegal.co.in ISSN: 2581-8503 ABOUT US WHITE BLACK LEGAL is an open access, peer-reviewed and refereed journal provide dedicated to express views on topical legal issues, thereby generating a cross current of ideas on emerging matters. This platform shall also ignite the initiative and desire of young law students to contribute in the field of law. The erudite response of legal luminaries shall be solicited to enable readers to explore challenges that lie before law makers, lawyers and the society at large, in the event of the ever changing social, economic and technological scenario. With this thought, we hereby present to you WHITE BLACK LEGAL: THE LAW JOURNAL 4 www.whiteblacklegal.co.in ISSN: 2581-8503 2013 AMENDMENT IN RAPE LAWS. A FAILURE? MEGHA SOLANKI* ABSTRACT The world’s largest democracy, India witnessed a Gang rape which was not merely an offense against the human body but it was proof of distorting roots of humanity. India’s Brave Daughter, Hypothetically termed ‘NIRBHAYA”, a psychological intern was gang raped in a private bus, beaten and tortured to an extent that metal rods were used for penetration causing grave injury to her genitals, uterus and intestines. NIRBHAYA GANG RAPE1 highlighted the inadequacy of rape laws, the horrific crime triggered a firestorm of protests in India, it called out for rigorous and strong laws to protect women from such inhumane crimes in future while giving justice to the daughter of nation who suffered extreme agony, thereby losing her life two days after the incident. The torment suffered by Nirbhaya become a turnover for Indian laws, the lawmakers redefined rape involving all possible scenarios of rape in the state, from rape by offender in fiduciary relationship with the victim, to rape against the victim in Persistent vegetative state. The punishments for rape become more stringent including death for repetitive rape offenders. Unfortunately the Amendment of 2013 in India penal code 1860 did not fulfill what the lawmakers intended to achieve through the amended legislation. It has been observed that the more comprehensive the rape law became, the more the offense increased in the state. This research paper is intended to study the aftermath of 2013 Amendment in rape laws, its inadequacy to achieve its desired goals and the reasons why even after the implementation of strong rape laws, rape still continues to be one of the primary concerns of the Indian society, increasing at an anticipated rate. This research reviews the issue of rape through observations, legislations, impact and the response of Indian society to the rape laws. INTRODUCTION TO RAPE It is well said that Rape has proved the degradation of humanity and appraisal of brutality in society. Rape an offense can be defined in layman language, as "forceful sexual intercourse 1. Ram Singh & Ors v State of Nct of Delhi, 2013 5 www.whiteblacklegal.co.in ISSN: 2581-8503 without consent of the other person". Indian society has witnessed the offense of rape since the ancient times. Whenever a war was waged in India, women were captured, abducted, raped by the enemies. During the reign of Mughal Empire, women were seen committing mass suicide to save their honor from being distorted at the hands of the enemies. Traditionally, women were seen being raped with the intention of offender satisfying his sexual pleasure and as war prisoners. But in today’s world it has become as an act of revenge. Traditionally, it was seen that offenders who commit rape have certain motive to do so; it may be rage, dismantling the honor of the family. But now rape is committed as a common offense on the reason of will of the male gender. Women were also abducted as leverage and raped in order to receive gains in the medieval India. Rape is the fourth most common offense in India. CHANGE IN RAPE LAWS AFTER NIRBHAYA GANG RAPE The whole county was shaken by the incident of Nirbhaya rape case, the citizens demanded appropriate and realistic laws to protect the daughters of the nation. As response to suit the emerging needs of the society, amendments were made by lawmakers extending the connotation of the rape laws to include all possible situations of committal of rape with its stagnant and harsher penalized punishments. Article 375 of the Indian penal code 1860 was amended, The court observed the suggestion made by petitioners in Sakshi vs union of india and ors 2and it incorporated the same in the amendment, the court recognized all forms of penetration to constitute the offense of rape which included penile/ vaginal penetration ; Penile/ oral penetration; finger/ vaginal; object/ vaginal penetration. Complete penetration was considered as a non essential element to constitute the offense of rape, “mere or slightest penetration of the male organ within the labia majora or the vulva or even an attempt of penetration would be sufficient to constitute the offense of rape3 2. 26 of May, 2004 3. State of Uttar Pradesh v Babulnath 1994 SCC 29 6 www.whiteblacklegal.co.in ISSN: 2581-8503 The amendment regarded consented sexual intercourse with a female below the age of 18 years as an offence of rape. The age of consent for sexual intercourse was increased from 16 year to 18 year. Also absence of physical resistance to resist the act of penetration shall not be regarded as consenting to the sexual intercourse granting exceptions to medical procedure and sexual intercourse of husband with this wife, the wife not being under fifteen year of age. Changes in section 376 of the Indian Penal Code 1860, post amendment- Forced Sexual intercourse by a man with his wife, under decree of separation was also made a penalized offense with minimum two year of jail term which may extend to seven years. Section 376 was expanded to penalize rape committed by member of armed force deployed in central or state government area. Judicial discretion to impose a reduced sentence than minimum prescribed punishment was deleted. The amendment to section 376 made separate clause to identity rape that resulted into death and persistent vegetative state of victim with death penalty as a punishment. Section 376C was amended to include rape by individual in fiduciary relationship with the victim or abuse of position of authority to seduce any women in his custody or charge to have sexual intercourse with him. Section 376 D was introduced to penalize gang rape with higher punishment. Gang rape was defined as rape by “one or more person acting the furtherance of common intention” The section considered each of the offender to have committed the crime of rape penalized with minimal of 20 years imprisonment which may be extended to natural remainder life of the individual. The amendment introduced section 376 E in the Indian Penal Code 1860, for repetitive offenders. Death penalty and imprisonment for natural remainder life was introduced as penalized punishment without parole. STATISTICAL INFORMATION ON RAPE The National Crime Records Bureau (NCRB) is a judicial autonomous body established under the Union Ministry of Home Affairs which is responsible for collecting and analyzing crime data as defined by the Indian Penal Code and special and local laws in the country while the 7 www.whiteblacklegal.co.in ISSN: 2581-8503 mentioned data can be accessed through data.gov in, open government data platform India. The crime data by the National Crime Records Bureau publishes Crime data every two years, the latest data shall by published in the year 2020 is awaited. The crime statistics indicate that since the amendment of 2013, the situation has got worse, not better. In the year 2013, total convicts of rape were 8818. The top states/Union Territories with highest Rape convicts were Uttar Pradesh, Haryana, Madhya Pradesh, Haryana, Chhattisgarh, Delhi, Rajasthan, West Bengal, Punjab, Gujarat and Assam 4 Uttar Pradesh had 1612 convicts of rape in 2013, which were 19.8 convicts of total convicts in India. Madhya Pradesh had 1157 convicts of rape in India which accounted for 14.13 percent of the total convicts in India. Haryana had 805 convicts of rape which was 9.08 percent of the total convicts in India. Chhattisgarh had 582 convicts while Delhi had 497 convicts of rape in India. The top 5 states accounted 56.63 percent of rape cases in India.
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