Tuesday, September 2, 2014

Amendment of Indian criminal law on sexual offences

In December of 2012, India witnessed one of the most horrific of rape cases in its history in its capital city, Delhi.

The public was outraged and much was said about the ineffectiveness of the security forces and need for stricter laws to help prevent such incidences. Thus, in 2013 the Criminal Law (Amendment) Act, on laws related to sexual offences took place. In order to assuage public unrest, this amendment took place in a rush.


The most important change that has been made is the change in definition of rape under Indian Penal Code.. The section has been amended to include "penetration to any extent", and has made "lack of physical resistance" as an immaterial evidence for constituting an offence. Except in certain aggravated situation the punishment is imprisonment not less than seven years but which may extend to imprisonment for life, and shall also be liable to fine. 



Although the intent of this amendment was to ensure that stricter punishments would act as a deterrent for anyone with malicious ideas and no doubt that it has been able to achieve that however it cannot be overlooked that misuse of this law has also increased. For relationships which fail, women are using this law to forcefully get marital rights and earlier consensual acts are being termed as 'rape' when things don't turn out as planned. The  bizarre thing about all these rape accusations is that the victim wants to get married to the man she says raped her thereby making a mockery of the law and undermining it. Does getting into marriage with a man who has betrayed you guarantee hapiness? As soon as the man agrees on marriage, the charges are dropped. I feel this is really sad and should not be allowed. If a man is considered to have committed a crime then the case should be fought to convict him and to see that he serves the sentence. 

This sort of manipulation of the law just undermines the case for all genuine cases of rape. Maybe a further amendment of the law is required.


14 comments:

RANE said...

Do they agree to marry the man because they are embarassed? Or is it more of fear? Would love to know more about this issue as I live outside India

kaycee an said...

I agree with everything you said and I'm sad to know that you have this kind of law in your country that undermines women's right :(

Jason P. said...

This truly is a disturbing turn of events. I can't believe a criminal can just walk free because of a simple technicality. :(

papaleng said...

Rape is just a heinous crime to make. Good thing India amended its law about rape. In our country, the law even state that rape can be committed without penetration. Just the mere fact that the victim resists such attempt.

Hina Naz said...

I sad to know. :( I was not aware of is this law before. Rape is serious crime.

Fernando Lachica said...

Every country has its own way of dealing this kind of crime. I think, Indian government must amend other facets of decrees to augment with the present living condition of the people.

Hanniz Envato said...

Why do victims allow the rapist to walk free by agreeing to marry them? Marrying the rapist doesn't mean that they won't get abused or raped again and it would be harder for authorities to step in as it is viewed as family dispute

fyhmd said...

Rape is a crime of power, that someone is stronger than you. It is heinous, and the effect on the victim can last for her entire life. I cannot understand what it is that makes these rapists do what they do. Crazy and evil.

Agarwal Samaj Bhilwara said...

While a lots of thing happened after this case, but i am not seeing any implementation of acts on real surface. After this case a lots of rape cases happened specially in UP which is more brutely than "Nirbhaya" case. And one thing which is arised in these cases that our administration (specially police) and people also guilty for this thing

Franc said...

I guess, there should be equal protection of rights. There's a loophole that allow people to use this law to their advantage.

Radhika parcha said...

Really pity on the goverment rules .i agree with what you said and every country has its own way to judge this kind of crimes

Eliz Frank said...

Rape is such a devastating act that damages the victims. Sometimes what you describe makes us all scratch our heads but the law should prevail. So sad.

Karen said...

It is a big insult to the rape victim. I hope the amended act be put into study again.

Manu Kalia said...

This is so sad. All I know that the Government has the right to take out death penalty, because God uses the Government.