Broadly speaking: PUNISHMENTS FOR RAPE IN INDIA AND ABROAD

Profile of the Author: Prerna Chhabra is a 4th year BA.LLB (Hons.) student from CPJ (CHS & SOL) affiliated to GGSIPU. She is keenly interested in family law, constitutional law, criminal law and socio-legal issues.

Introduction

India is the land of goddesses and according to Hindu mythology, women are considered “Devis”, they are worshipped in various forms and names. Nonetheless, cases of crime against women have increased at an accelerated pace. According to National Crime Records Bureau (NCRB), a 59% increase in crime against women was registered in 2018, while it intensified to 63% in 2019. [i] Among many crimes which are inflicted upon women the most heinous and dishonouring one is the offence of Rape. In India alone, approximately 33,000 rape cases were reported in 2019 that amounts to 89 rape cases a day. It is believed by NCRB, that the rape vulnerability of a girl has increased to 44% in the last decade. [ii]

Since the infamous Mukesh and Anr. v. State for NCT of Delhi and Ors. [iii] (Nirbhaya gangrape case), several reforms were initiated by our law-making authorities to make the existing laws stringent and more receptive. In order to comprehend this transition and the loopholes in our punishment mechanism, it is imperative to study the evolution of punishment of this crime in India and its inherent flaws.

Evolution of Punishment for the Offence of Rape in India through Case Laws

The foremost fundamental amendments were initiated in 1983 after Tukaram v. State of Maharashtra, [iv] where a 16-year-old Dalit girl was raped inside a police station, however, the accused were acquitted due to the lack of outwards signs of rape on the victim’s body, which gave birth to the Criminal Amendment of 1983 [v] where the following concepts of custodial rape, in-camera proceedings for rape trials and protecting the identity of the rape victim from media were introduced. A major amendment regarding rape law and its punishment was introduced in the country after 30 years [vi] with the Nirbhaya gang-rape case. Those significant changes brought to Section 375 and 376 of the Indian Penal Code, 1860 [vii] are

1. Expanding the definition of rape by including vaginal penetration.
2. Includes penetration in vagina, anus, mouth and urethra.
3. Includes penetration of any object in the vagina, anus, mouth and urethra.
4. Also, includes provisions of causing injury to the victim to the extent of leaving that person in a vegetative state.

Punishment

Except in aggravated situation, the person shall be punishable with an imprisonment of not less than seven years, it may be extended to the life of the accused and fine. In cases of antagonizing situations, rigorous imprisonment of a minimum of ten years extending to life and fine. Punishment for leaving the person in a vegetative state is rigorous imprisonment for a minimum term of twenty years, extending up to the life of the accused or death. Despite the enactment of the laws for this heinous crime, the cases are escalating and getting inhuman with each passing day.

Comparative Analysis

The question that persists is why the situation is not getting under control with the existing framework? What are the disparities in the existing law of rape in India with regard to its punishment? Hence, we need to have a comparative analysis with other countries concerning their punishment regime for the offence of rape.

1. China: There is an expeditious trial for the offence of rape which results in either death sentence or castration.
2. Saudi Arabia: The offence of rape is considered a highly immoral act in this country and the accused is beheaded in the public.
3. Afghanistan: The country is proud of the punishment provided for the offence of rape that is shooting the offender in the head within 4 days or is hanged to death.
4. Egypt: The country of Pharaohs punishes the ruthless criminal with death by hanging.
5. Iran: It punishes the wrongdoer with death by hanging or orders public stoning until the offender dies.
6. USA: The accused is awarded imprisonment for life.
7. Russia: The punishment for rape ranges from 3 years to 20 years depending on the circumstances of the crime.
8. Pakistan: The offences of gang rape and rape of a child are treated with utmost seriousness and the accused is issued the death penalty.

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FAQs

Q1. Should India adopt the various mechanisms practiced by other countries as a method of punishment for rape?

A1. It is a well-established law under the principles of natural justice that both sides should get an equal and fair opportunity to present the case. The practices followed by countries like China, Saudi Arabia or North Korea, deliver swift justice undoubtedly, but they also violate the basic human rights of the accused. These methods are condemned by United Nations and various countries.

Q2. What punishments or reforms will improve the current scenario of India?

A2. Education, employment and reshaping the existing mindset of people will be a great advantage for everyone in India. Treating girls with respect and considering them equal can also be a contributing factor. Establishing FastTrack courts and expeditiously disposing off inhuman cases, timely registration of FIRs and arresting the accused regardless of the position he holds in society will impact positively in improving the rotten unsafe environment for women in India.

References

[i] Bharti Jain, ‘NCRB Crime Data 2019: Cases registered up 1.6%; crimes against women rise 7.3%; cybercrimes jump 63.5%’, (The Times of India, 30 September 2020), <https://timesofindia.indiatimes.com/india/ncrb-crime-data-2019-cases-registered-up-1-6-crimes-against-women-rise-7-3-cyber-crimes-jump-63-5/articleshow/78394087.cms#:~:text=The%20crime%20rate%20registered%20per,for%2072.9%25%20of%20such%20cases> accessed 05 October 2020.

[ii] PTI, ‘Average 87 rape cases daily, over 7% rise in crimes against women in 2019: NCRB data’, (National Herald, 29 September 2020) <https://www.nationalheraldindia.com/india/average-87-rape-cases-daily-over-7-rise-in-crimes-against-women-in-2019-ncrb-data> accessed 05 October 2020.

[iii] 2017 SC 115.

[iv] AIR 1979 SC 185.

[v] Act No. 43 of 1983.

[vi] The Criminal Law (Amendment) Act 2013, (No. 13 of 2013).

[vii] Act No. 45 of 1860.