Rape - A crime against women
--> Posted on 2009-08-06 11:05:10 By Munish JagdevSexual harassment and rape are two sides of the same coin. Both showcase the power of man to dominate that of women. Both have one victim- ‘women’. Both are barbaric in nature; but many people extenuate sexual harassment to rape, just because the victims are not physically harmed. Whereas in rape- the victim is ravished like an animal for the fulfillment of desire and lust of another man. Both have the same object- to undermine the integrity of the victim, physically as well as mentally.
"While a murderer destroys the physical frame of the victim, a rapist degrades and defiles the soul of a helpless female."
Sexual harassment is nothing less than the showcasing of male dominance. Given an opportunity, such men (those committing sexual harassment) would try fulfilling their desire.
Indian Deputy Prime Minister said "I feel the punishment for rape should be death. However, I would like to get the point of view of political parties and state governments in this regard".
Though, every right thinking citizen would certainly want the parliament to pass the resolution to grant death penalty to the rapists, one shudders to think what if the perpetrator decides to kill the victim. When a rapist knows that he would be hanged, if he is testified for committing his crime then he has no other option but to kill his victim.
Rape is defined in India as intentional, unlawful sexual intercourse with a woman without her consent. The essential elements of this definition under Section 375 of the Indian Penal Code are 'sexual intercourse with a woman' and the absence of consent. This definition therefore does not include acts of forced oral sex, or sodomy, or penetration by foreign objects; instead those actions are criminalized under Section 354 of the IPC, which deals with 'criminal assault on a woman with intent to outrage her modesty' and Section 377 IPC, covering 'carnal intercourse against the order of nature'.
A man is said to commit "rape" who, except in the case here in after accepted, and 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 own wife, the wife not being under fifteen years of age, is not rape.
376A. Intercourse by a man with his wife during separation, Whoever has sexual intercourse with his own 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.
a. Sexual intercourse between husband and wife, Without the consent of the wife is Not a rape based on the Exception to Sec.375 of the IPC
b. Sexual intercourse between husband and wife, Without the consent of the wife, during separation, pending divorce is Rape based on Sec.376 A of the IPC But the punishment would be Maximum 2 years imprisonment and fine.
c. Sexual intercourse between a man and woman, who are husband and wife, and Without her consent, the age of the woman is above 15 years Not a Rape based on the Exception to Sec.375 of the IPC.
d. Sexual intercourse between a man and woman, who are husband and wife, and Without her consent, the age of the woman is above 12 years and less than 15 years is Rape But the punishment would be Maximum 2 years imprisonment and a fine.
e. Sexual intercourse between a man and woman, who are NOT husband and wife, with her consent, wherein the age of the woman is less than 16 years
is Rape based on 6th clause of Sec.375 of the IPC and the punishment would be Minimum 7 years, though judge has discretion.
f. Sexual intercourse between a man and woman, who are NOT husband and wife, wherein the age of the man is less than 14 years, with the consent of both the parties. is Not a Rape. No provision for it.
When the age of the man and woman is not mentioned, please assume it to be above 21.
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