Silent Epidemic of Rape in India

10 December 2023, Version 1
This content is an early or alternative research output and has not been peer-reviewed by Cambridge University Press at the time of posting.

Abstract

This article delves into transgressions against women, with a particular emphasis on rape. It intricately scrutinizes extant anti-rape statutes, procedural medical interventions for rape victims, and the discernible transformations within our judicial apparatus. The discourse extends to various manifestations of rape, encompassing marital rape, paedophilia, necrophilia, unnatural offenses, among others. The narrative navigates the complex legal and medical terrain, providing an erudite examination of the multifaceted challenges embedded in addressing these egregious violations against women. In elucidating the nuanced dimensions, the exposition aims to distill a comprehensive understanding of the intricate legal frameworks and medical protocols governing instances of rape. Due to change in moral values, cultural beliefs and norms with time the definition of rape has gone through significant scrutiny and has evolved to be treated as a crime. In India though the rape laws trace their origin from the English common law there was significant importance given to anti-rape laws in ancient India also. The majority of our ancient texts dealing with crimes against women, emphasises about crimes against her body. Any attempt to violate women’s chastity was considered to be a sin and the punishments for such crimes were to be thrown out of the society according to Manu2. Manu also quotes ‘Yatra naryastu pujyante ramante tatra Devata, yatraitaastu na pujyante sarvaastatrafalaah kriyaah’ meaning where Women are honoured, divinity blossoms there, and where women are dishonored, all action no matter how noble remain unfruitful. Section 375 of The Indian Penal Code deals with the provision of rape.

Keywords

rape
consent

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