RAPE

A comparison of punishment for rape in india v/s other countries

 

INDIA

In India, before 2013, rape was not considered as major a crime to have stringent punishments. The maximum punishment was up to seven years of rigorous imprisonment. But, in April 2013, after the Anti Rape Bill was passed by Parliament, an act of rape is now liable to life imprisonment, imprisonment for the whole of life, and even death sentence for rarest of rare cases. Moreover, stringent punishments are there for convicts of acid attacks, rape, stalking and voyeurism

 

SAUDI ARABIA

In Saudi Arabia, public beheading (CUTTING OFF HEAD IN PUBLIC) is the capital punishment for murder, rape, drug trafficking, sodomy, armed robbery, apostasy and other offences.  Impartially, punishment remains same for both men and women if they commit any of the above stated crime. The guilty is given a sedative before he is punished. The condemned is usually taken to a public area by the police and forced to kneel facing Mecca. His name is then called so that he looks up and then his head his removed with a single stroke. The body and head is then picked and is handed over to a doctor who then sews both the parts together. The deceased's body is wrapped in the plastic sheet and taken away for burial in an unmarked grave at the prison

 

CHINA

China is quite strict with the rapists in their country. The punishment of rape can be death penalty for aggravated rape incidents. In China, death sentence is given by a single bullet fired at the spinal chord joining the neck. Castration (REMOVAL OF TESTECLES) is also used for punishing rapists in most cases. It is a practice by which a biological male loses his use of the testes. This causes sterilization and prevents them from reproducing. In fact, China has the same punishment for 68 more crimes.

 

NORTH KOREA

In most countries, the practice of death by firing squad has been stopped. However, North Korea feels no mercy regarding its criminals who have committed rapes. Therefore, the practicing of shooting squad, and firing bullet in head of a person, is still prevalent and in used till now in few states of North Korea. It is the practice of aiming a gunshot at a vital organ that usually kills the subject relatively quickly and hence provides instant justice to the victim.

 

AFGHANISTAN

Afghanistan follows the Islamic laws for punishing those accused of rape. The two most prevalent methods that are used by Afghans for punishing the rapists are hanging the person to death and death by a firing squad.

 

IRAN

In accordance with the laws of Iran’s supreme judicial body, death penalty is essential for rapists. Amongst various crimes, rape is an offence that provides death sentence to the one who is found guilty. They believe in hanging the person to death.

 

FRANCE

France has more defined and extensive laws against rape: As per French laws, rapist is liable to be imprisoned for a maximum of 20 years in case he has committed an aggravated incident of rape. 30 years of imprisonment is liable for rapists, when they are even accused to cause death of the rape victim. Rape is punished by life imprisonment when it is followed by torture or acts of barbarity.

 

USA

The government of USA considers rape as the most serious form of sexual assault. They define different punishment extensively for various types of sexual assaults which are even covered under rape. There the average sentence for convicted rapists was 11.8 years, while the actual time served was 5.4 years.

 

GREECE

The laws of Greece against rape clearly state that, whoever with physical violence or with threat of grave and direct danger forces another to intercourse or to tolerance or action of an indecent act, is punished with incarceration.

 

ISRAEL

In Israel, a person, if accused of committing rape, if he forcibly enters into physical relationship with a woman , and also when the girl is below 14 years of age, by exploiting state of unconsciousness that prevents her from giving her free consent, is liable to 16 years imprisonment.

 

 

 

 

12 Worst and Most Brutal Rape Cases in India

Even in the modern 21st century, women are not safe all over the world. The constantly increasing number of rapes in India is a serious matter for the police as well as for Indian government. In India, Delhi has the highest number of rape cases recorded every year. Sources showed that the number of rape cases has doubled between 1990 and 2008. According to the National Crime Records Bureau 24206 rape cases were registered in India in 2011 only. According to the source, a new case is reported in every 20 minutes. There are even cases that we cannot imagine, girls and women are being molested, raped but only some of them get the justice. With the heavy heart, we are listing the 12 Worst and Most Brutal Rape Cases in India.

 

12. Shopian rape and murder case

On 29th June 2009, two sisters in law’s went missing from their house in Shopian district, Jammu and Kashmir. On the next day, their bodies were found, one kilometer away from their house. Both the women were raped and then murdered. As the news spread, hundreds of people, including a large number of women gathered on the streets, went protesting. No FIR was registered on the spot, but when this case spread, the police filed the FIR report after 11 days.

 

11. Geeta Chopra rape and murder

Geeta Chopra and her brother Sanjay Chopra, two teenagers who were first kidnapped and then murdered in New Delhi in the year 1978. Two men, Jasbir Singh and Kuljeet Singh were convicted kidnappers, kidnapped the duo for ransom, but then after getting to know their family backgrounds, they killed Geeta and her brother. They also rape Geeta before murdering her. After a few months, they were arrested while escaping on a train. Both culprits were found guilty and hanged till death in 1982.

 

10. Soumya rape and murder cas

Soumya, a 23 year old woman was travelling from Ernakulam to Shornur, Kerala. On 1st Feb 2011, she aboard a passenger train. After several minutes, when the train reaches the Vallathol Nagar station, the convict, named Govindachami a 33 year old man, tried to rob her and smashed her head on the wall, and threw her out of the train. He carried her to the woods near the railway track and raped her. Soumya died the very next month in a Government medical school. The criminal was caught and hanged.

 

9. Jalgaon rape case

The Jalgaon rape case is one of the prime cases of human trafficking in Maharashtra. It came into the light in mid-1994. It was estimated that as many as 500 innocent girls and women were victimized. Most of them were school minors. Reports show that many were tranquilized before being sexually assaulted and they were blackmailed. The nexus of human trafficking finally broke after a few girls lodged a police complaint in 1993, which helped police and authorities to free those women and children.

 

8. Anjana Mishra rape case

Anjana Mishra rape case was one of the many high profile rape cases in India, which took place in Orissa in 1999. The then Chief Minister J. B. Patnaik and his friend, former Advocate-General of Orissa Indrajit Ray were both accused by Anjana of having played a role in the incident. Anjana and her friend were travelling in a car on the very day of the incident when they were  intercepted by three men and gang raped in front of her friend. Two out of three culprits were arrested and sentenced to life imprisonment and a fine of 5000 each. The rape case spoiled the ruling party’s image.

 

7. Ajmer rape case

In 1992, India again witnessed a brutal and inhuman case of coerced sexual exploitation in Ajmer, Rajasthan. A gang, with evil intentions, befriended over 100 of school girls and then raped them. They photographed them to further exploit the victims. After being raped, depressed victims committed suicide. Eight people were arrested after an intense investigation of police and women-focused NGO’s, and sentence them to life imprisonment. And look at the irony, even after this, state court decided to reduce their life sentence to 10 years of imprisonment.

 

6. Vachathi case

The Vachathi refers to  devilish crime, happened on June the 20th in  1992. A team of 263 forest personnel with police entered Dalit dominated village of Vachathi in Dharmpuri district, Tamil Nadu, searching and inquiring about Veerappan a renowned Sandalwood smuggler. During the search they destroy their house, ransacked the villagers’ property, killed their cattle and raped 18 women. After the CBI inquiry all of them found guilty, 54 of the accused died by the time and remaining 215 were sentenced to jail. The case illustrates not only the state of women in rural India, but the grudge of Dalit women in our modern society.

 

5. Imrana rape case

A 28-year-old Muslim woman was sexually assaulted by her father in law in Muzaffernagar on 6th June 2005. After this, the village elders announced Imrana’s marriage with her husband null, as the Sharia regards sexual relations with both the father and son as illegal or forbidden. This sparked nationwide controversy as some argued that the case was treated as an adultery and not rape case. The police registered a case under section 376 and 506 of rape and intimidation. He was sentenced 10 years of imprisonment and a fine of Rupees 3000.

 

4. 2015 Kandhamal gang rape case

The people were outraged, when a 71 year old Catholic nun was gang raped by eight men in Ranaghat, Nadia district of West Bengal. Even before the attack, school officials already told police that they received death threats.  On March 26, 2015, two men were arrested for the crime they have committed.

 

3. 2013 Mumbai gang rape

2013 Mumbai gang rape was executed by five individuals in the abandoned Shakti Mills compound, Mahalaxmi, Mumbai. On August 22, 2013, a 22-year-old photojournalist with her male colleague went to the deserted compound on an assignment. Five men attacked them, tied the male colleague and molest the photojournalist. They also threatened both of them to not to report this incident. She gave her statement to police after four days on the 26 August, after receiving medical treatment from Jaslok Hospital. In her statement, she bravely said that, “I want no other woman in this city and country to go through such a brutal physical humiliation. Perpetrators should be punished hardly, they have ruined my life. No punishment short of a life term will take away my pain, humiliation and physical abuse I underwent. Rape is not the end of life. I will continue my fight.” This spread like a fire in the jungle, and soon the police were able to catch those culprits in 65 hours. On April 4, three of the culprits were sentenced to death while two of them were awarded with the life sentence.

 

2. Bhanwari Devi case (2011)

The Bhanwari Devi rape case attracted widespread media attention nationally and internationally. She was a 36 year old Auxillary Nurse Midwife. On 1st  Sep 2011, Bhanwari Devi went missing. Her husband alleged that she was abducted on the orders of Mahipal Maderna politician from Jodhpur, Rajasthan. According to her husband, she was being blackmailed by Maderna and Malkhan Singh -based on a CD in which they were seen in a compromising position. The case was later handed over to CBI and they solved the whole case in 100 days. CBI investigation reveled that the allegations were true and Maderna Nd Malkan were both founded guilty.

 

1. Delhi Gang rape and murder case

16 December 2012 is the darkest day in the history of India. Delhi Gang rape and murder case was one of the most brutal case not only in India but in the world. A 23 year woman and her friend were on their way to home from Saket to Dwarka. On their way, near Munirka, they aboard an off duty private bus to reach their final destination. Soon after some time, the male passenger, Awindra Pratap Pandey found that the bus was deviated and not going where they thought they were going. He was beaten by six people who were already on board with an iron rod and knocked unconscious. Then six of them of which one is a juvenile forced the woman, raped her and then he injected a wheel jack handle rite into her genitals, which damaged her abdomen and intestine. Their cruelty didn’t just end here, they threw both of them out from the moving bus, and vanished out of the spot. After a week of treatment, she died in a hospital in Singapore. All the six people were arrested and one of them Ram Singh committed suicide in trial period in jail. Four of them were hanged and the young boy under 18 is sent to a juvenile home.

 

THE RAPE THAT SHOCK THE WORLD

 

INDIAN PENAL CODE (IPC)

 

Section 375- Rape

*Rape*

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 following 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 sixteen years of age.

 

Explanation: - Penetration is sufficient to constitute the sexual intercourse necessary to the offence of rape.

 

Exception: -Sexual intercourse by a man with his wife, the wife not being under fifteen years of age, is not rape].

 

STATE AMENDMENT

 

Union Territory of Manipur

 

(a) In clause sixthly, for the word "sixteen" substitute the word "fourteen"; and

 

(b) In the Exception, for the word "fifteen" substitute the word "thirteen".

 

Section 376- Punishment for rape

Sub Section (1)

*Whoever, except in the cases provided for by sub-section (2), commits rape shall be punished with imprisonment of either description for a term which shall not be less than seven years but which may be for life or for a term which may extend to ten years and shall also be liable to fine unless the woman raped is his own wife and is not under twelve years of age, in which cases, he shall be punished with imprisonment of either description for a term which may extend to two years or with fine or with both:

 

Provided that the court may, for adequate and special reasons to be mentioned in the judgment, impose a sentence of imprisonment for a term of less than seven years.

 

*Subs. by Act 43 of 1983, sec. 3, for sec. 376 (w.e.f. 25-12-1983)

Sub Section (2)

Whoever: -

 

(a) Being a police officer commits rape-

 

(i) Within the limits of the police station to which he is appointed; or

 

(ii) In the premises of any station house whether or not situated in the police station to which he is appointed; or

 

(iii) On a woman is his custody or in the custody of a police officer subordinate to him; or

 

(b) Being a public servant, takes advantage of his official position and commits rape on a woman is custody as such public servant or in the custody of a public servant subordinate to him; or

 

(c) Being on the management or on the staff of a jail, remand home or other place of custody established by or under any law for the time being in force or of a woman's or children's institution takes advantage of his official position and commits rape on any inmate of such jail, remand home, place or institution; or

 

(d) Being on the management or on the staff of a hospital, takes advantage of his official position and commits rape on a woman in that hospital; or

 

(e) Commits rape on a woman knowing her to be pregnant; or

 

(f) Commits rape when she is under twelve years of age; or

 

 

Section 376-A

- Intercourse by a man with his wife during separation

*Whoever has sexual intercourse with his wife, who is living separately from him under a decree of separation or under any custom or usage without her consent shall be punished with imprisonment of either description for a term which may extend to two years and shall also be liable to fine].

 

* Subs. by Act 43 of 1983, sec. 3, for sec. 376A (w.e.f. 25-12-1983).

 

 

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