Rights in India? The Criminal Law (Amendment)

Rights and resentments must be self-proven and constitutionally assured; nonetheless, they aren’t enforced automatically. Over the years the upper courts of the country have returned to the mass call for enhanced security of women. Civic retribution of rape and sexual assault are long lived concepts in India. Stereotypical believes that a woman subsists as an affix to a man in her life; recurring claims of men over the bodies of women are well established notions of Indian society.

Varied crimes against women have reached epic proportions lately. The International Men and Gender Equality Survey, 20111 featuring gender attitude results depicted 68 per cent of the surveyed Indian men (n=810) admitted that women must tolerate violence for the sake of their families, while 65 per cent reckoned a woman deserves to be beaten at times; 37 per cent of surveyed men (n=929) had physically abused their intimate partner at least once; 24 per cent had committed an act of sexual violence against someone in society and 20 per cent had committed sexual violence against their partners. The most intriguing revelation from the TrustLaw research2 was that 92 per cent of those studied already had knowledge of the laws relating to crime against women. What does one conclude about the scenario of women in India?

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The Criminal Law (Amendment) Act, 2013 became a landmark by expanding the definition of rape to include voyeurism, stalking, acid attacks in addition to vaginal penetration as punishable crimes. All dissenting penetrative sexual acts with person below 18 years of age will now constitute statutory rape. The character of the victim is rendered irrelevant to establishing her consent from the commencement of the 2013 amendment. However, marital rape is still kept from the purview of the Act. Further, rape and sexual assault were not removed from the bounds of the Armed Forces (Special Powers) Act (AFSPA). Also, Police will be penalised if they are failing to file the FIR.


Sexual assault cases in India


Every woman is entitled to bodily integrity. Sexual assault constitutes act of showcasing any kind of gesture, making intention or touching her against her will. Rape,
one of the gloomiest offences against women had widely increased and hiked in
the yesteryears. Prior the 2013 criminal amendments, according to the National
Crime Records Bureau report of 20113, 24,206 rape cases were
reported in India, with significant increase in the molestation and rape of
underage girls. As per statistics, out of 1,704 rape cases registered in the
state in 2012, in 924 cases the victims were underage girls. According to 2012
statistics, New Delhi has the highest number of rape-reports among Indian


Whenever they stepped out of their homes, boarded public transport, or walked on the streets, or they risked, and in fact continue to risk, being groped, harassed and subjected to de trop sexual advances. Nevertheless, rather than their harassers being earmarked, their right to dress as they please, their freedom of movement, and their right very to associate with persons of their choice is questioned, curtailed and debated. While raising the slogan of justice for victims of gang rape/other rape and sexual assault with severe punishment of the perpetrators in India, the protesters brought out the dismal state of law enforcement in our nation. The exigency for accountability of the cops underscored the fact that they had not put into effect the law and were guilty of dereliction of duty in matters of sexual assault and rape, while the state had taken very scanty steps towards the security and safety of women in their homeland. The protesters had raised the issue of delay of justice on part of the judiciary, by demanding speedy trial and fast-track courts. Voices were raised for more stringent and explicit Indian laws contra rape and sexual assault. Initially started by the collision of women’s organizations and groups, particularly of the Left, these protests and demonstrations were widely held to have been led forward with populous support by the youth of the nation.



3 http://ncrb.gov.in/StatPublications/ADSI/ADSI2011/ADSI-2011%20REPORT.pdf