Break the slience stop the violence

RAPE: It's  a type of sexual assault usually involving sexual intercourse or other forms of sexual penetration carried out against a person without that person's consent. The act may be carried out by physical force, coercion, abuse of authority, or against a person who is incapable of giving valid consent, such as one who is unconscious, incapacitated, has an intellectual disability or is below the legal age of consent. The term rape is sometimes used interchangeably with the term sexual assault.

Rape is the fourth most common crime against women in India. According to the National Crime Records Bureau (NCRB) 2018 annual report, 33,356 rape cases were reported across India in 2018. Out of these, 31,320 were committed by someone known to the victim (93.9% of the cases).

According to NCRB 2018 Reports, One Rape reported every 15 minutes in India.

In 2018,89 rapes were reported every day and every fourth victim was minor while more than 50% of them fell in the age category of 18-30 years.

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

In a male dominating country like India rapist is always perceived as male and victim as female but why should be rigidified our thinking to this perception only, If we believe in gender equality so why everyone is not thinking unbiasedly. There are many cases of same-sex rape, women raping or molesting men, in fact, humans have not left animals also, animals are also raped but we always stick to women it's just because we think men as a powerful person and female as weak or just because it will point their manliness and masculinity, why society has not given rights to men to openly cry because of all these pressure thousands of male victims hide and deny their victimization that results in cases goes unreported. There is always a game of majority and minority whether it's about community, dominance or issue. Majority victims are given more outrage and from the majority ideology all the problems start, we should work upon this.

CENTRAL GOVERNMENT ACT:-

SECTION 375:-  According to this, 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 -

 FIRSTLY- 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.

SECTION 377:- Unnatural offences. Whoever voluntarily has carnal inter­course against the order of nature with any man, woman or animal, shall be punished with 1[imprisonment for life], or with impris­onment of either description for a term which may extend to ten years, and shall also be liable to fine. Penetration is sufficient to constitute the carnal intercourse necessary to the offence described in this section.

CRIMINAL LAW AMENDMENT ACT 2013,(NIRBHAYA ACT)-

The Bill was passed by the Lok Sabha on 19 March 2013, and by the Rajya Sabha on 21 March 2013, making certain changes from the provisions in the Ordinance. The Bill received Presidential assent on 2 April 2013 and came into force from 3 April 2013. 

This new Act has expressly recognised certain acts as offences which were with under related laws. These new offences like acid attack, sexual harassment, voyeurism, stalking have been incorporated into the Indian Penal Code.

THE PROTECTION OF CHILDREN FROM SEXUAL OFFENCES(POCSO) ACT-

The Protection of Children from Sexual Offences (POCSO) Act, 2012 was enacted to provide a robust legal framework for the protection of children at or below age 18  from offences of sexual assault, sexual harassment and pornography, while safeguarding the interest of the child at every stage of the judicial process. The framing of the Act seeks to put children first by making it easy to use by including mechanisms for child-friendly reporting, recording of evidence, investigation and speedy trial of offences through designated Special Courts.

 According to NCRB REPORTS , there are total 9433 cases reported of girls at or below age 18 and and adult reported cases were 24544.

A Marital rape Non-

Criminalised Crime in India:-

Section 375 of the Indian Penal Code (IPC) considers the forced sex in marriages as a crime only when the wife is below age 15. Thus, marital rape is not a criminal offencer the IPC. Marital rape victims have to take recourse to the Protection of Women from Domestic Violence Act 2005 (PWDVA).

In India, a wife is presumed to deliver perpetual consent to have sex with her husband after entering into marital relations. While unwilling sexual contact between a husband and a wife is recognized as a criminal offence in almost every part of the world. There are many rape victim who is raped or sexually assaulted by their family members, relatives or known.

According to National Crime Records Bureau Reports 2018 majority of cases under crimes against women out of total IPC crimes against women were registered under ‘Cruelty by Husband or His Relatives’ (31.9%) followed by ‘Assault on Women with Intent to Outrage her Modesty’ (27.6%), ‘Kidnapping & Abduction of Women’ (22.5%) and Rape(10.3%). The crime rate per lakh women population is 58.8 in 2018 in comparison with 57.9 in 2017.

FALSE RAPE CASES:-

A false accusation of rape is the reporting of a rape where no rape has occurred. Rape allegations made to police or campus authority are estimated to be false approximately 2% to 10% of the time. However, due to the varying definitions of a "false accusation", the true percentage remains unknown.

Rates of false accusation are sometimes inflated or misrepresented due to conflation with terms such as unfounded. These designations, which allow law enforcement to close cases without arriving at a conclusion, are used to describe reports without enough evidence to prosecute, as opposed to cases where the victim is not credible or says that the account is untrue.

In 2014, The Delhi Commission of women put out a report stating that 53.2% of rape cases filed between April 2013-July 2014 were false. This statistic was cited gleefully by men’s rights activists and the like to decry that women speaking out about rape or sexual violence were, in all probability, lying or taking revenge on men. This sentiment is not new – women have constantly been disbelieved when speaking out about gender-based violence.

SECTION 182- False information, with intent to cause public servant to use his lawful power to the injury of another person.—Whoever gives to any public servant any information which he knows or believes to be false, intending thereby to cause, or knowing it to be likely that he will thereby cause, such public servant—

 (a) to do or omit anything which such public servant ought not to do or omit if the true state of facts respecting which such information is given were known by him.

(b) to use the lawful power of such public servant to the injury or annoyance of any person shall be punished with imprisonment of either description for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both. 

MALE RAPE:-The Indian Penal Code, Section 377, is the only section that criminalizes all acts of nonconsensual carnal intercourse, including male-on-male rape.

Research about male-victim rape had only just begun to appear by 1980, focusing mostly on male children. The studies of sexual assault in correctional facilities focusing specifically on the consequences of this kind of rape were available in the early 1980s, but nothing was available during the previous years. Most of the literature regarding rape and sexual assault focuses on female victims.

Only recently have some other forms of sexual violence against men been considered. In the 2010–2012 National Intimate Partner and Sexual Violence Survey (and a prior edition of this study completed in 2010), the Centres for disease control (CDC) measured a category of sexual violence called "being made to penetrate" which captures instances in which victims were forced to or attempt to sexually penetrate someone (of either sex), either by physical force or coercion, or when the victim was intoxicated or otherwise unable to consent. The CDC found in the 2012 data that 1.715 million up from 1.267 million in 2010)reported being "made to penetrate" another person in the preceding 12 months, similar to the 1.473 million (2010: 1.270 million) women who reported being raped in the same time period. The definitions of rape and "made to penetrate" in the CDC study were worded with extremely similar language.

CONCLUSION:-

Rape is not the problem which grows instantly, it's the problem of strain mentality which has been developing from decades. We should educate children from their adolescence and make them understand to respect every creature. In schools also topics related to domestic violence, rape, molestation should be taught.

There is a stigma of society that women rape happen due to their revealing clothes, but the main reason for this issue is their revolting thinking. There are many cases in which rape victims were infants, women above 65, animals and in fact, women who wear burkha are also being raped.

This society always blamed women for being raped and instead of teaching their male child they taught their female child from their childhood not to go outside in the late night, not to wear short clothes. The problem is not with the victim, the problem arises always from the rapist mentality.

Female should also stop taking Feminism in the wrong way, they should not take disadvantage of their rights and start taking male rape issue as serious as females ones. Rape is not rigidified to female-only it's the issue of supremacy, every supreme thinks he or she can exploit his inferior.

Gender equality should we understood rightly, it should be like two wheels of a bicycle moving together, men and women should go hand in hand instead of dominating others.

We together can make a lot of change in this society we just have to behave as  "HUMAN".

REFERENCE:- 

https://ncrb.gov.in

https://indiankanoon.org