Rape in India

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Rape is the fourth most common crime against women in India.

According to the National Crime Records Bureau (NCRB) annual report, 24,923 rapes were reported in 2012 . Of these, 24,470 were committed by someone the victim knew (98%).

India has been described as one of the countries with the lowest rape rates in the world. However, it is speculated that this is because most of the rapes are not reported. The willingness to report rape increased in the 2010s, with some cases gaining widespread media coverage and high-volume public protests against the crime. This led the government of India to reform the criminal law for sexual offenses.

According to 2015 statistics from the NCRB, Madhya Pradesh had the highest number of rape reports in India, while Jodhpur in Rajasthan had the highest rate of rape. The second highest rate of rape was recorded in Delhi , the capital of India.

Penalty definition according to Indian criminal law

Annual sex offense rate per 100,000 population in India compared to US, Hong Kong, Brazil, Russia, Italy, and Greece

Prior to February 3, 2013, Section 375 of Indian Criminal Law defined rape as follows:

§375. Rape. A man who has committed rape has been guilty of the crime if he has had sexual intercourse with a woman in one or more of the following circumstances:

  • First. - The sexual intercourse took place against her will.
  • Secondly. - Sexual intercourse took place without her consent.
  • Third. - If consent to sexual intercourse was only obtained through the threat of violence or murder against her or another person.
  • Fourth. - If consent to intercourse arose because the woman mistakenly believed that he was her husband.
  • Fifth. - If consent to sexual intercourse resulted from the woman being under the influence of drugs or otherwise in a state of mind that made it impossible for her to understand the consequences of her consent.
  • Sixth. - If she was under sixteen.
  • Complement. - The penetration into the body is sufficient to meet the definition of rape offense.
  • Exceptions. - Sexual intercourse between a man and a woman who has reached the age of fifteen and with whom he is married is never rape. This definition made marital rape non-criminal. In addition, same-sex offenses were excluded and the age of consent was 16 years.

After February 3, 2013, the definition was changed and, among other things, the age of consent was raised to 18. §375. A man committed the offense of rape when

a) it with his penis in vagina, mouth, H penetrates arnröhre or anus or woman to bring these acts with another person to carry out; or b) he enters the vagina, urethra or anus of the woman with an object or other part of the body, or causes her to perform these acts on another person; or c) stimulating a woman's body to enter the vagina, urethra, or anus, or to induce the woman to perform these acts on another person; or d) touches the vagina, anus, or urethra with his mouth, or causes the woman to perform these acts on another person and one of the following applies at the same time:

  • First. - The acts took place against the will of the woman.
  • Secondly. - The actions took place without the woman's consent.
  • Third. - If the consent was only obtained through the threat of violence or murder against her or another person.
  • Fourth. - If consent was obtained because the woman mistakenly believed that he was her husband.
  • Fifth, if the consent arose from being under the influence of drugs or otherwise in a state of mind that made it impossible for her to understand the consequences of her consent.
  • On the right. - If the woman was not over eighteen.
  • Seventh. - If the woman was unable to give her consent.
  • Supplement 1. - The term "vagina" includes the large labia.
  • Supplement 2. - Consent means that the woman unmistakably signals her readiness for sexual intercourse through words, gestures or other forms of verbal or non-verbal communication.

It is not counted as consent if the woman does not physically resist the intrusion.

Exceptions– 1. Medical interventions are not considered rape; 2. Sexual intercourse between a man and his wife while she is fifteen years old is never considered rape. Even after the Reform, marital rape was still not a criminal offense. Only in Paragraph 376 b was rape in marriage as long as husband and wife did not live together, made a criminal offense. The sentence was at least 2 years in prison. Forced sexual intercourse in marriage has also been criminalized as part of domestic violence under Section 498a of India's Criminal Code and the 2005 Domestic Violence Protection Act.

Furthermore, all same-sex sex, whether consensual or not, was a criminal offense under Section 377 of the Indian Penal Code.

However, in a high court ruling on September 6, 2018, it was determined that any consensual sexual intercourse between people who had reached the age of eighteen is not punishable. Thus same-sex sex was decriminalized.

Rape statistics

Rape of minors

According to a Human Rights Watch survey, 7,200 minors (1.6 out of 100,000) are raped annually in India. There are reports that minors who report rape are also subjected to humiliation and improper treatment by the police. Minors are also trafficked into prostitution. This leads to lifelong agony. Among the countries surveyed by the international consultancy firm Maplecroft , which specializes in country risk , India was ranked the seventh worst country in terms of trafficking in human beings and crimes against minors.

Estimates of undisclosed rape

Most rapes are not reported for fear of retribution or humiliation. Indian MPs have testified that the rape problem in India is underestimated as most of the crimes are not reported. Recently, however, the rate of reported rapes has increased.

It is difficult to say what percentage of rapes are not reported. The NCRB estimated from a 2006 report that 71% will not appear. The UN estimates that 89% of all sex crimes worldwide are never reported.

Convictions

Sexual Offenses of One Kind in Delhi, 2013

The rate of rape convictions in trials has steadily declined over the past 40 years. Only one in four rape trials in India results in a conviction. The conviction rate of rape in India was 44.3 percent in 1973, 37.7 percent in 1983, 26.9 percent in 2010 and 24.2 percent in 2012. It wasn't until 2013 that it rose again slightly to 27 , 1 percent instead.

Conviction Rate (%) year
44.3 1973
37.7 1983
26.9 2009
26.6 2010
26.4 2011
24.2 2012
27.1 2013

This means that India's conviction rate is still higher than 7% in the UK or 10% in Sweden and 25% in France in 2011-12.

Special cases

Silent protest after the death of a rape victim in Salt Lake City, Calcutta on December 29, 2012
Protesters in Bangladesh in front of City Hall on December 30, 2012, demanding justice for a 23-year-old student who was gang rape victim in Delhi on December 16, 2012.

The group rape of a 23-year-old student in a public bus on December 16, 2012 sparked protests in Delhi. She was in the company of a male friend who was beaten up with an iron bar and seriously injured as a result. The same iron bar was used by the torturers to rape the victim, causing severe organ damage. Her viscera had to be surgically removed before she died 13 days after being raped.

The incident was discussed in Parliament the following day. Members of all parties called for harsh sentences for the guilty. Opposition leader Sushma Swaraj ( BJP ) demanded “that the rapists should be hanged.” Thousands of mostly young people took part in large protests on December 22nd. The police arrested six suspected men.

Advice to female tourists

Rape of foreign women in India has resulted in several countries making recommendations for women to exercise caution when traveling in India. You should only travel in groups, taxis should be avoided, local public transport should no longer be used after dark, local rules should be observed when choosing clothing and areas that are not heavily populated should be avoided.

See also

Individual evidence

  1. ↑ Radha Kumar: The agitation against rape. In: The history of doing: an illustrated account of movements for women's rights and feminism in India 1800–1990. 2003, ISBN 81-85107-76-9 , p. 128.
  2. ↑ Crime in India 2012 Statistics, page 81 . National Crime Records Bureau (NCRB), Ministry of Home Affairs, Government of India. July 27, 2017.
  3. ↑ NCRB: Crime in India 2012 Statistics, page 385 . National Crime Records Bureau (NCRB), Ministry of Home Affairs, Government of India. 20th June 2014.
  4. ↑ Vasundhara Sirnate: Good laws, bad implementation . In: The Hindu , February 1, 2014. 
  5. ^ John A. Humphrey, Frank Schmalleger: Mental illness, addictive behaviors, and sexual deviance 2012, ISBN 978-0-7637-9773-7 , p. 252.
  6. ↑ Siuli Sarkar: Gender Disparity in India. 2016, ISBN 978-81-203-5251-3 .
  7. ^ Protests grow over gang rape of Indian woman (video) . In: The Telegraph , December 19, 2012. Retrieved December 21, 2012. 
  8. ↑ Perceived government inaction over rape and murder of two teenage girls sparks public anger . In: India'sNews.Net , May 31, 2014. 
  9. ↑ K.balchand: Anti-rape Bill passed . In: The Hindu . March 21, 2013, ISSN  0971-751X ( thehindu.com [accessed January 31, 2020]).
  10. ↑ NCRB Report: Proposition 6 Indian cities have the highest rate of crimes against women . In: The Indian Express , September 1, 2016. Retrieved October 27, 2017. 
  11. ↑ NCRB: Sexual Violence Tables as of July 2013 . United Nations Office on Drugs and Crime. 2013.
  12. ↑ Hem Chandra Mitra, Bamapada Mukhurji: The Indian penal code, Act XLV of 1860… Calcutta 1896, OCLC 84414842 .
  13. ↑ V. V Devasia, Ajit Kumar: Social work concerns and challenges in the 21st century . APH Pub. Corp., New Delhi 2009, ISBN 978-81-313-0467-9 .
  14. ↑ Kalra Kush: The agitation against rape. In: Law, sex & crime. 2013, ISBN 978-93-8265222-9 , pp. 66-87.
  15. ^ Siddharth Mehta: Rape Law in India: Problems in Prosecution Due to Loopholes in the Law . In: SSRN Electronic Journal . April 2013, ISSN  1556-5068 , doi : 10.2139 / ssrn.2250448 .
  16. ↑ RC Jiloha: Rape: Legal issues in mental health perspective . In: Indian Journal of Psychiatry . tape 55 , no. 3 , 2013, ISSN  0019-5545 , p. 250–255 , doi : 10.4103 / 0019-5545.117141 , PMID 24082245 , PMC 3777346 (free full text).
  17. ↑ The Protection of Children from Sexual Offences Act 2012 (No. 32 of 212) . In: The Gazette of India , Government of India, June 20, 2012. Archived from the original on September 28, 2015. Retrieved March 7, 2017. 
  18. ↑ KD Gaur: Chapter XVI: Offences affecting the human bod. in Textbook on the Indian Penal Code. 2009, ISBN 978-81-7534-703-8 , p. 684.
  19. ↑ Zeenat Saberin: India decriminalises gay sex in landmark verdict . In: www.aljazeera.com . Retrieved September 6, 2018. 
  20. ↑ Deepshikha Ghosh: Love, Equally: Homosexuality No Longer A Crime, Says Supreme Court . In: NDTV.com . Retrieved September 6, 2018. 
  21. ↑ Geeta Pandey: India child sex victims 'humiliated' - Human Rights Watch . In: BBC News , February 7, 2013. Retrieved March 15, 2013. 
  22. ↑ Ramalingam Shanmugam: Informatics About Fear to Report Rapes Using Bumped-up Poisson Model . In: American Journal of Biostatistics . tape 3 , no. 1 , 2013, ISSN  1948-9889 , p. 17-29 , doi : 10.3844 / amjbsp.2013.17.29 .
  23. ^ Special Correspondent: Majority of rape cases go unreported: MPs . In: The Hindu , August 27, 2013. Retrieved March 17, 2015. 
  24. ↑ Factsheet - Global, Progress of the World's Women 2011-12 . UN Women . May 2013. Archived from the original on June 4, 2012. Info: The archive link was inserted automatically and has not yet been checked. Please check the original and archive link according to the instructions and then remove this notice. Retrieved April 1, 2015. @1@ 2Template: Webachiv / IABot / progress.unwomen.org
  25. ^ Rukmini S: The many shades of rape cases in Delhi . In: The Hindu , July 29, 2014. Retrieved September 26, 2017. 
  26. ↑ Abheet Singh Sethi: 3 years after Delhi rape, conviction rates same . In: IndiaSpend.com , March 19, 2015. Retrieved February 22, 2017. 
  27. ↑ Shamik Ghosh: Delhi gang-rape: victim's friend, also on bus, gives statement in court . In: NDTV . Retrieved December 21, 2012. 
  28. ^ HT Correspondent: No option, victim's intestines removed . In: Hindustan Times . Archived from the original on April 3, 2015. Retrieved on December 21, 2012. 
  29. ^ Delhi bus gang rape: Uproar in Indian parliament . In: BBC News , December 18, 2012. Retrieved December 19, 2012. 
  30. ^ Thousands protest in Indian capital after gang-rape . In: ITV News , December 23, 2012. 
  31. ↑ Un muerto en la India durante las protestas contra una violación . In: La Vanguardia . Retrieved December 24, 2012. 
  32. ↑ Read in: