Rape – Crime or a Culture

KRISHA KAMAL | PRESIDENCY UNIVERSITY BANGALORE | 27th March 2020 

Rape:

Rape is defined under section 375 of the Indian penal Code, 1860. The section is be read as;

 A man is said to commit “rape” if he-—

1. penetrates his penis, to any extent, into the vagina, mouth, urethra or anus of a woman or makes her to do so with him or any other person; or
2. inserts, to any extent, any object or a part of the body, not being the penis, into the vagina, the urethra or anus of a woman or makes her to do so with him or any other person; or 
3. manipulates any part of the body of a woman so as to cause penetration into the vagina, urethra, anus or any ~ of body of such woman or makes her to do so with him or any other person; or
4. applies his mouth to the vagina, anus, urethra of a woman or makes her to do so with him or any other person, under the circumstances falling under any of the following seven descriptions:—

First.—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 eighteen years of age.

Seventhly.—When she is unable to communicate consent.

Explanation I.—For the purposes of this section, “vagina” shall also include labia majora.

Explanation 2.—Consent means an unequivocal voluntary agreement when the woman by words, gestures or any form of verbal or non-verbal communication, communicates willingness to participate in the specific sexual act:

Provided that a woman who does not physically resist to the act of penetration shall not by the reason only of that fact, be regarded as consenting to the sexual activity.

Exception I.—A medical procedure or intervention shall not constitute rape.

Exception 2.—Sexual intercourse or sexual acts by a man with his own wife, the wife not being under fifteen years of age, is not rape.’

The essential of this crime is sexual intercourse of a man and woman against the will and consent of the women. The provision includes most of the substance that might amount to rape and it is quite clear with terms used in it that any person can understand the basic concept of rape just by reading it.

Culture:

Culture in very simple words could be called as a socially accepted practice of lifestyle by a set of people. The scope of term culture is pretty vast as it includes ideas, beliefs, knowledge, traditions, custom etc.

India in past few years has witnessed rapid growth in the number of rape against women. As per the stats given by the Economics Times, the number of complaint received by National Commission of Women for rape and attempt to rape is around 10,500 till dt.18/07/2019 in past 5 years. And the count of rape complaints which remain unregistered is quite transparent and known by the Indian citizens.

Rape Culture:

Rape culture is basically an environment where rape is prevalent and unwanted and forceful sexual intercourse is normal. But the question here is since when the people around the globe has started accepting a crime as a culture? When there is no place for crimes in a welfare society, then why has this crime culture been introduced to the society or even for that matter into the dictionaries? Who are the followers of such culture? Who are the trendsetters of rape culture? 

One of the report by NCRB in 2018 said that there are around 104 rapes happening in the country per day. And the count has not decreased rather it has increased by today. The Justice Verma Committee Report and Nirbhaya Case brought amendments in the laws and provisions. Punishment for rape has been increased and as per the situational demand, various other amendments have also been done in the law. The punishment for the same has been increased to 10 years of imprisonment and rape amounting to death or vegetative state of victim leads to a punishment of 20 years of imprisonment, yet no major change in the crime count has been observed. 

Women in the country are still fighting for criminalization of marital rape. The categories of rapes has not yet introduced by the law. And on what basis rape against women can be categorized is still not a part of discussion at all. There are various cases of rape against women by their relatives, such as paternal uncle, maternal uncle, brother, father or friends. If that rape is not considered as paternal rape, maternal rape etc. and doesn’t have any specific scope then why is the rape in a wedlock has to be specific in nature and a separate provision for marital rape is supposed to be introduced. A denial in any manner is denial. A rape is a forceful sexual intercourse without the consent of women. No matter who does it or what relationship the victim has with the person, the one who commits a rape has to be guilty of the crime. Having conjugal rights doesn’t allow the husband to make a forceful sexual relationship with his wife. Have a relationship between man and woman doesn’t allow the man to rape his beloved. Staying in a live-in relationship doesn’t allow the man to disregard the consent of the woman with respect to physical intimacy.

A culture is a practice of lifestyle and any society would never appreciate to have a lifestyle where crime plays major role than peace. Using the term ‘rape culture’ in a manner is ethically unacceptable itself. It’s high time for people to understand the huge impact of this heinous crime not just on the victim but also on other people. The realization of the need of Rape not to be classified into various categories is also very important by the people and the law makers as well. Nobody has any authority over the body of other person. And no society deserves to have a rape culture to survive in, throughout their life.