- Apart from the routine criminal cases, incidents, accidents, and petty offenses, one of the heinous acts that attract greater attention in the country is the rape perpetrated on unsuspecting females much against their wishes. Outrageous and horrendous act executed brutally often also results in the killing of the victim to suppress the act from getting noticed primarily owing to fear of punitive punishment. In a country as diverse and divergent in every aspect of existence where widespread patriarchy continues to rule the roost despite advancements, the issue of female suppression in the form of physical assault persists and alarmingly too.
PC: News Desk
- Not a single day goes off without few incidents of rape being reported across the country. Note that very few incidents do get reported and it is left to the imagination of the people what happens to any number of incidents failing to come to light fearing social stigma attached to the regressive perpetration. For the uninitiated, rape in India is defined as intentional and 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. It is self-explanatory, plain, and simple for comprehension.
- There is also a growing incidence of mutually consensual relationships going awry, reasons are mostly related to unfulfilled promises of marriage resulting in the aggrieved woman filing a complaint with the authorities accusing the man of committing rape much against her wishes. It is pertinent to note that some accusations of the crime date to a couple of years when things turn sour in the relationship. Observed closely, there is an element of intrigue, as well as a lack of fair play whilst accusations of rape, are filed against the man. It is obvious to notice the oddity of a serious charge like rape getting trivialized most often than not.
PC: Reynold Mascarenhas
- A recent case involving a Punjab man who had sexual relations with an Australia-based woman but later broke his promise of marriage prompting the lady to file a rape case highlights a glaring area in the law associated with the act. The man claimed his family objected to her Dalit status as the case reached the High Court, which rejected his anticipatory bail and eventually reaching the Supreme Court that granted conditional bail after the man agreed to marry without reneging on his promise a second time. Looking at the sequence of events the relationship underwent viz. love, rape charges, and bail through to marital bliss resembles the familiar potboiler we are used to.
- Make no mistake, rape constitutes an extreme violation of the human body and will, which no justice system can condone, and the perpetrator must face exemplary punishment, for the sheer mental trauma unleashed on the survivor/victim. Also, note that every affair does not culminate in marriage and relationships does often sour. However, terming a failed relationship for any reason whatsoever rape, as an afterthought, infantilizes the Indian woman and her intellect. The law could be more humane and accommodative to another point of view as well without letting go of any opportunity to ensure honor of women is always upheld. Does it sound reasonable?