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Rape in India

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Rape is the fourth most common crime against women in India.[1][2] According to the National Crime Records Bureau (NCRB) 2013 annual report, 24,923 rape cases were reported across India in 2012.[3] Out of these, 24,470 were committed by someone known to the victim (98% of the cases).[4]

India has been characterised as one of the "countries with the lowest per capita rates of rape".[5][6] A large number of rapes go unreported.[7] The willingness to report the rape has increased in recent years, after several incidents of rape received widespread media attention and triggered public protest.[8][9][10][11][12] This led the Government of India to reform its penal code for crimes of rape and sexual assault.[13]

The women and girls in the BIMARU region of North India are more vulnerable to be raped than in states like Kerala which has the highest HDI, literacy with a more progressive and tolerant society.[14]

According to NCRB 2015 statistics, Madhya Pradesh has the highest raw number of rape reports among Indian states,[15] while Jodhpur has the highest per capita rate of rape reports in cities.[16]

Definition in Indian Penal Code

Annual rape and all forms of sexual assaults per 100,000 people, for India compared to select nations[17][18]

Before 3 February 2013, Section 375 of the Indian Penal Code defined rape as:[19]

§375. Rape. A man is said to commit "rape" who, except case hereinafter excepted, has sexual intercourse[20] with a woman in circumstances falling under any of the six following descriptions:-

Firstly. –– 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[21] 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.

The above definition excluded marital rape, same sex crimes and considered all sex with a minor below the age of sixteen as rape.

After 3 February 2013, the definition was revised through the Criminal Law (Amendment) Act 2013, which also raised the legal age of minor to eighteen.[22]

§375. A man is said to commit "rape" if he:–– (a) penetrates his penis, to any extent, into the vagina, mouth, urethra or anus of a woman or makes her to do so with him or any other person; or (b) inserts, to any extent, any object or a part of the body, not being the penis, into the vagina, the urethra or anus of a woman or makes her to do so with him or any other person; or (c) manipulates any part of the body of a woman so as to cause penetration into the vagina, urethra, anus or any part of body of such woman or makes her to do so with him or any other person; or (d) applies his mouth to the vagina, anus, urethra of a woman or makes her to do so with him or any other person, under the circumstances falling under any of the following seven descriptions:

Firstly.–– 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 eighteen years of age.

Seventhly. –– When she is unable to communicate consent.

Explanation 1.–– For the purposes of this section, "vagina" shall also include labia majora.

Explanation 2.–– Consent means an unequivocal voluntary agreement when the woman by words, gestures or any form of verbal or non-verbal communication, communicates willingness to participate in the specific sexual act;

Provided that a woman who does not physically resist to the act of penetration shall not by the reason only of that fact, be regarded as consenting to the sexual activity. Exceptions –– 1. A medical procedure or intervention shall not constitute rape; 2. Sexual intercourse or sexual acts by a man with his own wife, the wife not being under fifteen years of age, is not rape.

Even after the 2013 reform, marital rape when the wife and husband live together continued not to be a crime in India. Article 376B of the 2013 law made forced sexual intercourse by a man with his wife – if she is living separately – a crime, whether under a decree of separation or otherwise, punishable with at least a 2-year prison term.[13] Forced sex by a man on his wife may also be considered a prosecutable domestic violence under other sections of Indian Penal code, such as Section 498(A) as well as the Protection of Women from Domestic Violence Act 2005.[23] The crime of sexual assault on a child, that is anyone below the age of eighteen, is further outlined and mandatory punishments described in The Protection of Children from Sexual Offences Act 2012.[24]

All sexual acts between the members of the same sex, consensual or forced, remains a crime under Section 377 of Indian penal code, after the 2013 Criminal Law reform, with punishment the same as that of rape.[25]

Rape statistics

Rape of minors

See also: Child sexual abuse laws in India

Using a small sample survey, Human Rights Watch projects more than 7,200 minors – 1.6 in 100,000 minors – are raped each year in India. Among these, victims who do report the assaults are alleged to suffer mistreatment and humiliation from the police.[26] Minor girls are trafficked into prostitution in India, thus rape of minors conflates into a lifetime of suffering.[27] Of the countries studied by Maplecroft on sex trafficking and crime against minors, India was ranked 7th worst.[27]

Estimates of unreported rapes

Most rapes go unreported because the rape victims fear retaliation and humiliation, both in India and throughout the world.[28] Indian parliamentarians have stated that the rape problem in India is being underestimated because a large number of cases are not reported, even though more victims are increasingly coming out and reporting rape and sexual assaults.[29] According to an estimate from 2014, only 5-6% of rape cases in India are reported to the police.[30]

Few states in India have tried to estimate or survey unreported cases sexual assault. The estimates for unreported rapes in India vary widely. A comparison between data from the National Crime Records Bureau (NCRB) and the National Family Health Survey (NFHS) in 2005 shows that 5.8% of rapes were reported.[31] India don't have marital rape law. so marital rapes don't get reported at all, so it can't be estimated[32]Madiha Kark estimates 54% of rape crimes are unreported.[33] A UN study of 57 countries estimates just 11% of rape and sexual assault cases worldwide are ever reported.[34]

Notable incidents

People silently marching to protest with candlelight at Salt Lake City in Kolkata after the female victim's death on 29 December 2012
People in Bangalore protesting outside Bangalore Town Hall on 30 December 2012 demanding justice for the 23-year-old student who was gang-raped in Delhi on 16 December 2012

The gang rape of a 23-year-old student on a public bus, on 16 December 2012, sparked large protests across the capital Delhi.[11] She was with a male friend who was severely beaten with an iron rod during the incident.[35] This same rod was used to penetrate her so severely that the victim's intestines had to be surgically removed, before her death thirteen days after the attack.[36]

The following day, there was an uproar in the Indian parliament over the incident. MPs in both houses had set aside their regular business to discuss the case and demanded strict punishment for those who carried out the attack. The Leader of the Opposition in the Lok Sabha, Sushma Swaraj, demanded that "the rapists should be hanged".[37] Thousands of people, mostly young, participated in a massive demonstration on 22 December in protest.[38] Police arrested six men suspected of rape.[39]

In August 2013, a 22-year-old photojournalist, who was interning with an English-language magazine in Mumbai, was gang-raped by five persons, including a juvenile, when she had gone to the deserted Shakti Mills compound, near Mahalaxmi in South Mumbai, with a male colleague on an assignment. This caused protests throughout the country since Mumbai with its very active nightlife was previously considered a safe haven for women. The city sessions court found the accused guilty and sentenced death penalty to the three repeat offenders in the Shakti Mills gang rape case, making them the first in the country to get the death sentence stipulated under the newly enacted Section 376E of the Indian Penal Code.[40]

In May 2014 two girls aged 14 and 16 were allegedly gang raped and murdered in the northern state of Uttar Pradesh, though later investigations have alleged suicide as the cause of death in this instance. Two police officers were suspected of involvement in the crimes.[12] The alleged gang rape was widely reported in the press both in India and globally.[41] After an extensive investigation, the CBI concluded that the rape and murder allegations were false.

On 14 March 2015, a 71-year-old nun was allegedly gang-raped in Ranaghat, West Bengal by intruders at Convent of Jesus and Mary.[42] The six intruders were recorded on CCTV during their crime of ransacking the chapel, destroying religious items, looting cash and the gang rape. Six men were arrested and charged with the crime by 1 April 2015, and identified to be Bangladeshi Muslims.[43]

On 29 March 2016, the corpse of Delta Meghwal, a 17 year old Dalit girl, was found in her hostel's water tank. Following the registration of the police case the hostel warden, physical education teacher and principal were arrested by Bikaner police and kept under judicial custody.[44] The State eventually acceded to a CBI inquiry after the issue became politicised.[45]

On 17 January 2018, Asifa, a 8-year old minor girl, was raped and murdered in Rasana village near Kathua in Jammu and Kashmir. The incident made national news when charges were filed against eight men in April 2018. The arrests of the accused led to protests from groups, one of which was attended by two ministers from the Bharatiya Janata Party, both of whom have now resigned. The rape and murder, as well as the support the accused received, sparked widespread outrage.[46][47][48]

Jammu and Kashmir

There have been allegations of rape and mass rape in Jammu and Kashmir. Reports have shown that rape has been carried out by both Indian armed forces and Islamist militant groups.[49][50] In 1991, the 4 Rajputana Rifles unit are alleged to have entered the village of Kunan Poshpora and raped between 30 and 100 women aged between 13 and 70.[51][52] The Indian government carried out three inquiries into the allegations and concluded that it had been a hoax.[53]

The rapes by Islamic militants have been reported since the Indo-Pakistani War of 1947. On 22 October 1947, Pashtun militants invaded Baramulla in a Pakistan army truck, and raped women including European nuns.[54] In March 1990, Mrs. M. N. Paul, the wife of a BSF inspector was kidnapped, tortured and gang-raped for many days. Then her body with broken limbs was abandoned on a road.[55]

The International Commission of Jurists have stated that though the attacks had not been proven beyond a doubt, there was credible evidence that it had happened.[56] In 2011, the State Human Rights Commission (SHRC) asked for the reopening of the case.[57]

Militant organisations such as Hizb-ul-Mujahideen, Jamiat-ul-Mujahideen and Harkat ul-Ansar have been accused of carrying out rapes.[49] The Jammu Kashmir Liberation Front has been accused of ethnic cleansing of using murder, arson, and rape as a weapon of war to drive out hundreds of thousands of Hindu Kashmiri Pandits from the region.[58][59] Following the rise of rapes by the Indian armed forces and militants, HRW has submitted that the victims of raper suffer ostracism and there is a "code of silence and fear" that prevents people from reporting such abuse. According to the HRW, the investigation of case of rape by Indian forces and militants is difficult because many Kashmiris are reluctant to discuss it for the fear of violent reprisals.[60]

Northeast India

Human rights groups allege that the Indian armed forces under the protection of the Armed Forces (Special Powers) Act, 1958 have carried out a large amount of rapes in the Nagaland, Assam and Manipur provinces.[61] Karlsson writes that there are reports that much of the violence against civilians, including sexual assault, is inflicted by the rebel groups and armed criminal gangs in the region.[61]

Uttar Pradesh

There is wide discrepancy among reports of rape and sexual assault. For example, according to the People's Union for Civil Liberties (PUCL), the majority of those assaulted in 2007 were poor women from remote areas and Dalits. SR Darapuri of the PUCL alleged, "I analysed the rape figures for 2007 and I found that 90% of victims were Dalits and 85% of Dalit rape victims were underage girls."[62] Darapuri allegations do not match with the data compiled by National Crime Records Bureau of India, which found 6.7% of rape and sexual assault victims were Dalits in 2007, where nearly 16% of Indian population is classified as Dalit.[63] There were 391 cases of rape of Dalit victims reported in Uttar Pradesh in 2013 or about 1 per 100,000 Dalits in the state of about 200 million people (21% of which is classified as Dalit).[64]

During riots

In recent years, variety of rapes have taken place during the communal riots. During the post 2002 Godhra train burning, in the certain parts of Gujarat, rape was carried out by rioters.[65] Thirteen rape and assault cases were reported during the 2013 Muzaffarnagar riots.[4]

The partition of India

Main article: Rape during the partition of India

During the partition of India, some 100,000 women claimed to have been kidnapped and raped.[66][67]

Tourist advisories

Rape cases against internationals have led several countries to issue travel advisories that "women travellers should exercise caution when travelling in India even if they are travelling in a group; avoid hailing taxis from streets or using public transport at night, and to respect local dress codes and customs and avoid isolated areas".[68]

In March 2013, a Swiss couple who were cycling from Orchha to Agra, decided to camp for a night in a village in Datia District. There they were physically assaulted by eight locals, robbed, the man was overpowered and tied up, while the 39-year-old woman was gang-raped in front of her husband at the village.[69][70] The Swiss government issued a travel advisory in 2013 about the "increasing numbers of rapes and other sexual offences" happening in India.[71]

The news coverage of the rapes and updated travel advisories have worried Indian tourism industry.[72][73] Some media reports stated that high-profile rape cases had led to tourist numbers to drop 20 to 30 per cent compared to previous year. The Assocham agency found that of 1200 businesses surveyed more than 70% reported cancellations by female tourists from Britain, Canada, the U.S. and Canada along with a 25% decline overall.[74] However, tourist arrivals in India increased from 6.5 million arrivals in 2012 to 6.8 million arrivals in 2013.[75] Tourist arrivals in 2014 observed another 10% increase over 2013 levels.[76]

In January 2015, the Tourism Ministry of India introduced emergency helplines for female tourists.[77] The Indian government announced in April 2015, that tourists are now being given a "welcome card" by the immigration officer on arrival with resources to ensure their safety, that GPS-embedded tracking system are being introduced in all taxis and for tourists who want it, and tourist helplines in 12 foreign languages have been instituted.[78]

In a non-tourism related case, Russia issued travel advisory to its citizens after a Russian national was raped in December 2009.[79] The case was widely covered after a member of Indian parliament Shantaram Laxman Naik blamed the victim and the media for overemphasising the Russian rape case after, "she was raped by a state politician in his car after they had dinner together".[80] Naik was criticised by leaders of Indian political parties such as CPI-M, BJP and SP for blaming the rape victim and media.[80]

The Indian law prior to the Nirbhaya Incident took into account only acts of penile-vaginal intercourse within the definition of rape and forcible acts of penetration of vagina, mouth, urethra or anus through penis or an inanimate object did not fall within the definition of rape. A large number of rapists would be let-off because there was no law to punish such acts.[22] The definition was expanded in 2013 to consider rape as any acts like penetration by penis, or any object or any part of body to any extent, into the vagina, mouth, urethra or anus of a woman or making her to do so with another person or applying of mouth to sexual organs without the consent or will of the woman constitutes the offence of rape.[81]

The section has also clarified that penetration means "penetration to any extent", and lack of physical resistance is immaterial for constituting an offence. Except in certain aggravated situation the punishment will be imprisonment not less than seven years but which may extend to imprisonment for life, and shall also be liable to fine. In aggravated situations, punishment will be rigorous imprisonment for a term which shall not be less than ten years but which may extend to imprisonment for life, and shall also be liable to fine.[81]

Section 53A of the Code of Criminal Procedure of the Indian law lays down certain provisions for medical examination of the accused.[82] Section 164A of the Code of Criminal Procedure deals with the medical examination of the victim.[83]

The revised statutes of 2013 Indian law, in section 376A, mandates minimum punishment in certain cases. For instance, if the sexual assault inflicts an injury which causes death or causes the victim to be in a persistent vegetative state, then the convicted rapist must be sentenced to rigorous imprisonment of at least twenty years and up to the remainder of the natural life or with a death penalty."[81][23] In the case of "gang rape", the same mandatory sentencing is now required by law.[23] The convicted is also required to pay compensation to the victim which shall be reasonable to meet the medical expenses and rehabilitation of the victim, and per Section 357 B in the Code of Criminal Procedure. Death penalty for the most extreme rape cases is specified.[23]

The 2013 law also increased the age of consent from 16 years to 18 years, and any sexual activity with anyone less than age of 18, irrespective of consent, now constitutes statutory rape.[23]

The new law has made it mandatory for all government and privately run hospitals in India to give free first aid and medical treatment to victims of rape.[84]

On 3 November 2015 the Allahabad High Court observed that a child born out of rape will have inheritance rights over the property of the assaulter and will be treated as illegitimate,[85] however if the child is taken for adoption then he/she will not have any rights on the property of the biological father.[86][87]

Fast track courts

As a result of the 2012 Delhi gang rape case, the Indian government implemented a fast-track court system to rapidly prosecute rape cases.[88] The fast-track court system has been welcomed by some, but their fairness questioned by legal experts and scholars.[88] The legal scholars state that the fast-track courts may not be fair in an impoverished country where millions of cases are backlogged, and there are an average of just 14 judges per million people - among the lowest in a United Nations study of 65 nations.[89] Fast track courts divert limited judicial resources and add delays to prosecution of other crimes.[88][89] They noted that Delhi state had instituted five fast-track courts in 2013 to handle rape cases, but there are no fast-track courts for murder.[88] Mrinal Satish, of New Delhi's National Law University said, "there is a risk that in this emotional response and clamor for immediate justice, we could end up putting innocent people in prison".[88]

Convictions

The conviction rate for rapists has fallen at a steep rate over the past 40 years. Out of all the rape trials in India, only one out of four leads to a conviction.[90] The conviction rate for Rape cases in India was 44.3 percent in 1973, 37.7 percent in 1983, 26.9 percent in 2009, 26.6 percent in 2010, 26.4 percent in 2011,[91] 24.2% in 2012 and 27.1% in 2013.[90]

Rate(%) Year
44.3 1973
37.7 1983
26.9 2009
26.6 2010
26.4 2011
24.2 2012
27.1 2013

India’s conviction rate is higher than developed countries, such as the United Kingdom, which recorded a conviction rate of 7% in 2011-12. The conviction rate as low as 10% in Sweden and 25% in France.[90]

Marital rape

Marital rape is not a criminal offence within Indian legal framework,[92] except during the period of judicial separation of the partners. The marital rape exception, that is exception 2 of section 375 of the Indian Penal Code states that sexual intercourse by a man with his own wife, the wife not being under 18 years of age, is not rape. In the 1980s, women's rights groups lobbied for marital rape to be declared unlawful.[93][94] Government officials argued that the contract of marriage presupposes consent to sex and that criminalising marital rape in turn would degrade family values in India.[92] Forced sex by husbands upon wives does have legal consequences in Indian matrimonial law, in that it can be treated as a matrimonial fault, resulting in dissolution of the marriage.[95] All religious personal laws and the secular law governing marriage and divorce in India deem ‘cruelty’ by one spouse to the other to be a ground for divorce.[95] The originally enacted Hindu marriage Act provided that in order to constitute a cause for divorce, an act of cruelty should be such that it ‘produces a reasonable apprehension in the mind of the petitioner that it will be harmful or injurious for the petitioner to live with the other party.’[95] Marital rape also amounts to ‘sexual abuse’ under the law regarding domestic violence enacted in 2005, under which aggrieved wives or female live-in partners can claim civil remedies, like injunction against violence, dispossession from home or direction to the husband/partner to pay maintenance[95]. The law kicks in to regulate sexual violence in marriage only in cases when it is accompanied by extreme physical violence or when the health and safety of the wife is endangered, as in the case of minor wives.[95]

This exception has restricted application when the wife has been living separately from the husband, with or without a decree of judicial separation. In such cases, the husband can be prosecuted for rape. If convicted, the minimum punishment is imprisonment for two years and imposition of a fine (Section 376B, IPC)[95]. This clause was ratified in the year 1983, a period of great upheaval in the history of rape law reform in India, when major changes were made for the first time since enactment of rape laws by the colonial state in 1860.[95] The parliamentary committee that gave final shape to the 1983 amendments was disinclined to treating non-consensual sex between a separated couple as amounting to rape, on the grounds that a rape charge would heighten the possibilities of divorce by making reconciliation that much harder for the couple. Hence, the minimum sentence stipulated for this category of rape was set much lower than usual.[95]

Until 2017, there was a discrepancy between two sub clauses of Section 375. Exception 2 stated that “sexual intercourse by a man with his own wife, the wife not being under fifteen years of age, is not rape.”[96] However, the same provision stated that a man is said to commit rape if he has sexual relations with a woman with or without her consent, when she is under 18 years of age.[97] Independent Thought, a non-governmental organisation, in a petition in 2013, had challenged Exception 2.[98] In a landmark ruling on 11 October 2017, the supreme court upheld the age of consent as 18 years.[99] The court held that the distinction made between a married girl child and an unmarried girl child was illogical and ran against the provisions of the Protection of Children from Sexual Offences Act, 2012. Such a distinction also violated a child’s right to liberty and dignity under Article 21 of the Constitution. Two other significant statutes undermined by the original IPC section were the Prohibition of Child Marriage Act, 2006 and the Juvenile Justice Act, both of which define a child as someone below the age of 18.[100]Irrespective of her marital status, sex with a minor girl will now attract a minimum rigorous imprisonment of ten years.

Potential abuse concerns

Verdicts in Delhi Rape Cases, 2013[101]

In April 2013, Judge Virender Bhat has suggested that the legal proposition of relying upon the sole attestation of the victim became "an easy weapon" to incriminate anyone in rape case.[102] Justice Kailash Ghambhir of the Delhi High Court stated that penal provisions for rape are often being misused by women as a "weapon for vengeance and vendetta" to harass and blackmail their male friends by filing false cases to extort money and to force them get married.[103] Saamna, mouthpiece of Shiv Sena in an editorial noted while supporting the Deputy Inspector General Of Police in Mumbai in an alleged rape complaint that it has become "a fashion to create sensation by charging someone for rape and molestation"[104] while Shonee Kapoor, founder of Sahodar Men's Right Group, demanded that the name of the accused should not be made public till conviction.[105]

In 2014, as per a report submitted by Delhi Commission for Women 53% of reported rapes in 2012-13 were found to be 'false'. This report considered the cases that were dropped before going to trial as false, it failed to differentiate between the cases dropped due to coercion and cases where it was clear that women were lying.[106]

The Hindu journalist, Rukmini Shrinivasan, investigated the cases further by only considering the cases that went to full trial. Out of 460 such cases in Delhi district courts in 2013 only 2% (12) were found to be committed by Strangers. 41% (189) of these cases were filed by parents to criminalize and end consented sexual relationships, 24% (109) were filed under 'breach of promise to marry' and 30% (141) were found to be committed by acquaintances and relatives.[107]

Education programmes

In February 2017, the Ministry of Health and Family Welfare unveiled resource material relating to health issues to be used as a part of a nationwide adolescent peer-education plan called Saathiya. Among other subjects, the material discusses relationships and consent. The material states, "Yes, adolescents frequently fall in love. They can feel attraction for a friend or any individual of the same or opposite sex. It is normal to have special feelings for someone. It is important for adolescents to understand that such relationships are based on mutual consent, trust, transparency and respect. It is alright to talk about such feelings to the person for whom you have them but always in a respectful manner. ... Boys should understand that when a girl says 'no' it means no."[108][109]

See also

References

  1. ^ Kumar, Radha (2003) [1993], "The agitation against rape", in Kumar, Radha (ed.), The history of doing: an illustrated account of movements for women's rights and feminism in India 1800-1990, New Delhi: Zubaan, p. 128, ISBN 9788185107769. {{citation}}: Invalid |ref=harv (help) Preview.
  2. ^ "Chapter 5: Crime against women", Crime in India 2012 Statistics (PDF), National Crime Records Bureau (NCRB), Ministry of Home Affairs, Government of India, p. 81, archived from the original (PDF) on 16 January 2016
  3. ^ "Table 5.1", Crime in India 2012 Statistics (PDF), National Crime Records Bureau (NCRB), Ministry of Home Affairs, Government of India, p. 385, archived from the original (PDF) on 20 June 2014
  4. ^ a b Sirnate, Vasundhara (1 February 2014). "Good laws, bad implementation". The Hindu. Chennai, India. Retrieved 1 February 2014.
  5. ^ Humphrey, John A.; Schmalleger, Frank (2012), "Mental illness, addictive behaviors, and sexual deviance", in Humphrey, John A.; Schmalleger, Frank (eds.), Deviant behavior (2nd ed.), Sudbury, Massachusetts: Jones & Bartlett Learning, p. 252, ISBN 9780763797737. {{citation}}: Invalid |ref=harv (help)
  6. ^ Gregg Barak. Crime and Crime Control: A Global View: A Global View. ABC-CLIO. p. 74. Overall, however, rape rates are still lower than most other countries.
  7. ^ Lora Prabhu, Sarah Pilot. The Fear that Stalks: Gender-based Violence in Public Spaces. Zubaan. p. 79.
  8. ^ Siuli Sarkar (17 June 2016). Gender Disparity in India: Unheard Whimpers. PHI Learning. p. 283.
  9. ^ Tamsin Bradley. Women and Violence in India: Gender, Oppression and the Politics of Neoliberalism. I.B. Tauris. p. 105.
  10. ^ Shahid M. Shahidullah (2017). Crime, Criminal Justice, and the Evolving Science of Criminology in South Asia: India, Pakistan, and Bangladesh. Springer. p. 96. police-recorded rape rate in India has shown a sharp increasing trend in recent years against the declining trend of all other violent and property crimes.
  11. ^ a b Staff writer (19 December 2012). "Protests grow over gang rape of Indian woman (video)". The Telegraph. London. Retrieved 21 December 2012.
  12. ^ a b Staff writer (31 May 2014). "Perceived government inaction over rape and murder of two teenage girls sparks public anger". India'sNews.Net.
  13. ^ a b "The Criminal Law (Amendment) Act, 2013" (PDF). The Gazette of India. Government of India. 2013.
  14. ^ https://blogs.wsj.com/indiarealtime/2013/01/03/a-rape-map-of-india/
  15. ^ Staff writer (9 May 2017). "NCRB data shows 95% rape victims in India known to offenders; Madhya Pradesh tops the list". FirstPost. Chennai, India. Retrieved 27 October 2017.
  16. ^ Staff writer (1 September 2016). "NCRB Report: These 6 Indian cities have the highest rate of crimes against women". The Indian Express. Chennai, India. Retrieved 27 October 2017.
  17. ^ United Nations (2013), "Sexual Violence Tables as of July 2013", in United Nations (ed.), Crime and criminal justice statistics, United Nations Office on Drugs and Crime
  18. ^ FBI. Crime in the United States 1993-2012. United States Department of Justice.
  19. ^ Mitra, Hem Chandra; Mukhurji, Bamapada. The Indian Penal Code, Act XLV of 1860. Calcutta. p. 322. OCLC 84414842. Details.
  20. ^ Devasia, V.V.; Kumar, Ajit (2009), "Child sexual abuse - breaking the silence", in Devasia, V.V.; Kumar, Ajit (eds.), Social work concerns and challenges in the 21st century, New Delhi: A.P.H. Pub. Corp, p. 71, ISBN 9788131304679. {{citation}}: Invalid |ref=harv (help) Preview.
    Note: sexual intercourse meant peno-vaginal penetration, all other sexual acts were covered under Section 377 as "unnatural offenses"
  21. ^ Kalra, Kush; Barupal, Priyanka (2013), "Rape", in Kalra, Kush; Barupal, Priyanka (eds.), Law, sex & crime, India: Vij Books, pp. 66–87, ISBN 9789382652229. {{citation}}: Invalid |ref=harv (help)
    Note: originally ten years in 1860 law, replaced by the word "twelve" in 1891, and replaced with the word "fifteen" in 1950, and word "sixteen" in 1983.
  22. ^ a b Mehta, Siddharth (April 2013). "Rape law in India: problems in prosecution due to loopholes in the law". doi:10.2139/ssrn.2250448. SSRN 2250448. {{cite journal}}: Cite journal requires |journal= (help); Invalid |ref=harv (help)CS1 maint: postscript (link)
  23. ^ a b c d e Jiloha, R.C. (July–September 2013). "Rape: Legal issues in mental health perspective". Indian Journal of Psychiatry. 55 (3). Medknow Publications for Indian Psychiatric Society: 250–255. doi:10.4103/0019-5545.117141. PMC 3777346. PMID 24082245. {{cite journal}}: Invalid |ref=harv (help)CS1 maint: postscript (link) CS1 maint: unflagged free DOI (link)
  24. ^ "The Protection of Children from Sexual Offences Act 2012 (No. 32 of 212)" (PDF). The Gazette of India. Government of India. 20 June 2012. Archived from the original (PDF) on 28 September 2015. Retrieved 7 March 2017.
  25. ^ Gaur, K.D. (2009), "Chapter XVI: Offences affecting the human body", in Gaur, K.D. (ed.), Textbook on the Indian Penal Code (4th ed.), Delhi: Universal Law Pub. Co, p. 684, ISBN 9788175347038. {{citation}}: Invalid |ref=harv (help) Preview.
  26. ^ Pandey, Geeta (7 February 2013). "India child sex victims 'humiliated' - Human Rights Watch". BBC News. Retrieved 15 March 2013.
  27. ^ a b Warhurst, Alyson; Strachan, Cressie; Yousuf, Zahed; Tuohy-Smith, Siobhan (August 2011). "Girl trafficking: a life story". In Warhurst, Alyson; Strachan, Cressie; Yousuf, Zahed; Tuohy-Smith, Siobhan (eds.). Trafficking: A global phenomenon with an exploration of India through maps (pdf). Maplecroft. pp. 37–43. Retrieved 25 December 2012.
  28. ^ Shanmugam, Ramalingam (2013). "Informatics about fear to report rapes using bumped-up Poisson model". American Journal of Biostatistics. 3 (1). Science Publications: 17–29. doi:10.3844/amjbsp.2013.17.29. {{cite journal}}: Invalid |ref=harv (help)CS1 maint: postscript (link)
    See also: Poisson distribution.
  29. ^ Special Correspondent (27 August 2013). "Majority of rape cases go unreported: MPs". The Hindu. Chennai, India. Retrieved 17 March 2015. {{cite news}}: |last= has generic name (help)
  30. ^ S., Rukmini (22 October 2014). "'Marital and other rapes grossly under-reported'". The Hindu. Chennai, India. Retrieved 30 January 2017.
  31. ^ http://rchiips.org/NFHS/NFHS-3%20Data/NFHS-3%20NKF/Report.pdf
  32. ^ http://indianexpress.com/article/india/marital-rape-not-penal-offence-parliament-debated-it-says-supreme-court-4789601/
  33. ^ Kark, Madiha (2013). Understanding Indian and Pakistani cultural perspectives and analyzing U.S. news coverage of Mukhtar Mai and Jyoti Singh Pandey (PDF) (MA thesis). University of Texas. OCLC 876058002.
    Thesis Committee: Tracy Everbach, Koji Fuse, James E. Mueller, Roy Busby and Mark Wardell.
  34. ^ UN Women (May 2013). Factsheet - Global, Progress of the World's Women 2011-12 (PDF). UN Women.
  35. ^ Ghosh, Shamik. "Delhi gang-rape: victim's friend, also on bus, gives statement in court". NDTV. Retrieved 21 December 2012.
  36. ^ HT Correspondent. "No option, victim's intestines removed". Hindustan Times. Archived from the original on 3 April 2015. Retrieved 21 December 2012. {{cite news}}: |last= has generic name (help)
  37. ^ Staff writer (18 December 2012). "Delhi bus gang rape: Uproar in Indian parliament". BBC News. Retrieved 19 December 2012.
  38. ^ Staff writer (23 December 2012). "Thousands protest in Indian capital after gang-rape". ITV News.
  39. ^ Staff writer. "Un muerto en la India durante las protestas contra una violación". La Vanguardia (in Spanish). Retrieved 24 December 2012.
  40. ^ Samervel, Rebecca (5 April 2014). "3 Shakti Mills rapists to hang for 'diabolical, planned attack'". The Times Of India.
  41. ^ "Google". Retrieved 16 November 2016.
  42. ^ Staff writer (14 March 2015). "Elderly Indian nun gang-raped in convent school attack". BBC News. Retrieved 16 November 2016.
  43. ^ News reports:
  44. ^ TNN (8 April 2016). "Dalit girl student was not murdered, says FSL report". The Times of India. Retrieved 20 April 2016.
  45. ^ Express News Service (20 April 2016). "Rajasthan CM Raje govt seeks CBI probe into Dalit girl's death". The Indian Express.
  46. ^ "Outrage spreads over eight-year-old's rape". BBC News. 13 April 2018. Retrieved 13 April 2018.
  47. ^ "J&K: Kathua Rape-And-Murder Of 8-Year-Old Girl Was Aimed At Driving Nomads Out: Official". Outlook India. Retrieved 11 April 2018. {{cite news}}: Cite has empty unknown parameter: |dead-url= (help)
  48. ^ Eltagouri, Marwa (11 April 2018). "An 8-year-old's rape and murder inflames tensions between Hindus and Muslims in India". Washington Post. ISSN 0190-8286. Retrieved 12 April 2018.
  49. ^ a b Warikoo, Kulbhushan (2014), "Islamist extremism in Kashmir", in Warikoo, Kulbhushan (ed.), Religion and security in South and Central Asia (1st ed.), London New York: Routledge, p. 79, ISBN 9781138784833. {{citation}}: Invalid |ref=harv (help) Preview.
  50. ^ Margolis, Eric S. (2000), "Revolt in the mountains", in Margolis, Eric S. (ed.), War at the top of the world: the struggle for Afghanistan, Kashmir, and Tibet, New York: Routledge, p. 135, ISBN 9780415930628. {{citation}}: Invalid |ref=harv (help) Preview.
  51. ^ HRW (October 1991), "India", in HRW (ed.), Abdication of responsibility: the Commonwealth and human rights (PDF), New York: Human Rights Watch, p. 14, ISBN 9781564320476. {{citation}}: Invalid |ref=harv (help)
  52. ^ Chatterji, Angana P. (2012), "Witnessing as feminist intervention", in Loomba, Ania; Lukrose, Ritty A. (eds.), South Asian feminisms: contemporary interventions, Durham: Duke University Press, p. 194, ISBN 9780822351795. {{citation}}: Invalid |ref=harv (help) Preview.
  53. ^ Press Council of India (1991), "Foreword", in Press Council of India (ed.), Crisis and credibility: report of the Press Council of India, January and July 1991, New Delhi: Lancer International, pp. 10–13, ISBN 9788170621522. {{citation}}: Invalid |ref=harv (help) Preview.
  54. ^ von Pochhammer, Wilhelm (2005), "Accession of Princely states", in von Pochhammer, Wilhelm (ed.), India's road to nationhood: a political history of the subcontinent, New Delhi: Allied Publishers, p. 512, ISBN 9788177647150. {{citation}}: Invalid |ref=harv (help) Preview.
  55. ^ Joshi, Manoj (1999), "The valley aflame", in Joshi, Manoj (ed.), The lost rebellion, New Delhi: Penguin Books, p. 64, ISBN 9780140278460. {{citation}}: Invalid |ref=harv (help) Extract.
  56. ^ Schofield, Victoria (2003). "Vale of tears". In Schofield, Victoria (ed.). Kashmir in conflict: India, Pakistan and the unending war. London New York: I.B. Tauris. p. 157. ISBN 9781860648984. {{cite book}}: Invalid |ref=harv (help)CS1 maint: postscript (link) Preview.
  57. ^ Ganai, Naseer (21 October 2011). "Human rights panel asks Jammu and Kashmir govt to reopen army mass rape case". India Today. Archived from the original on 21 October 2011.
  58. ^ Tolley, Jr., Howard B. (2009), "Kashmir", in Forsythe, David P. (ed.), Encyclopedia of human rights, Oxford New York: Oxford University Press, p. 306, ISBN 9780195336887. {{citation}}: Invalid |ref=harv (help) Preview.
  59. ^ Flint, Colin (2011), "Network geopolitics: social movements and terrorists", in Flint, Colin (ed.), An introduction to geopolitics (2nd ed.), Milton Park, Abingdon, Oxon New York: Routledge, p. 192, ISBN 9780415667739. {{citation}}: Invalid |ref=harv (help) Preview.
  60. ^ HRW (June 1993). "Violations by military organizations". In HRW (ed.). The Human rights crisis in Kashmir: a pattern of impunity (PDF). New York: Asia Watch, a division of Human Rights Watch. p. 154. ISBN 9781564320476.
    Also published as a book: Asia Watch Committee (U.S.); Human Rights Watch (Organization); Physicians for Human Rights (U.S.) (1993). "Violations by military organizations". In Asia Watch Committee (U.S.); Human Rights Watch (Organization); Physicians for Human Rights (U.S.) (eds.). The Human rights crisis in Kashmir: a pattern of impunity. New York: Human Rights Watch. p. 154. ISBN 9781564321046.
  61. ^ a b Karisson, Bengt G. (2011), "Nature and nation", in Karisson, Bengt G. (ed.), Unruly hills: a political ecology of India's northeast, New York: Berghahn Books, pp. 51–52, ISBN 9780857451057. {{citation}}: Invalid |ref=harv (help) Preview.
  62. ^ Staff writer (18 July 2011). "Rape and murder in Uttar Pradesh". BBC News.
  63. ^ "Table 7.2: Incidence (I), Rate (R) and Percentage Contribution to All India Total of Crimes (P) Committed Against Scheduled Castes During 2007", Crimes in India 2007 (Chapters 5–7) (PDF), National Crime Records Bureau (NCRB), Ministry of Home Affairs, Government of India, archived from the original (PDF) on 14 October 2015
  64. ^ Crimes in India 2013 (PDF). National Crime Records Bureau (NCRB), Ministry of Home Affairs, Government of India. 2014. Archived from the original (PDF) on 17 October 2015.
  65. ^ Bhowmick, Nilanjana (31 August 2012). "Gujarat riots: new court verdict raises the heat on Narendra Modi". Time. Retrieved 6 May 2014.
  66. ^ Butalia, Urvashi (2011), "Gender in the construction of nations", in Dobhal, Harsh (ed.), Writings on human rights, law, and society in India: a Combat law anthology: selections from Combat law, 2002-2010, New Delhi: Human Rights Law Network, p. 598, ISBN 9788189479787. {{citation}}: Invalid |ref=harv (help) Preview.
  67. ^ Žarkov, Dubravka (2007), "Troubles with the victim", in Žarkov, Dubravka (ed.), The body of war: media, ethnicity, and gender in the break-up of Yugoslavia, Durham: Duke University Press, p. 172, ISBN 9780822339663. {{citation}}: Invalid |ref=harv (help)
  68. ^ See:
  69. ^ Staff writer (16 March 2013). "Swiss woman 'gang-raped' in central India". BBC News. London. Retrieved 16 March 2013.
  70. ^ Udas, Sumnima (17 March 2013). "Police: Swiss tourist gang-raped in India". CNN. United States. Retrieved 17 March 2013.
  71. ^ The Associated Press (18 May 2013). "6 charged with gang rape in India after Swiss attacked". CBC News. Canada. Retrieved 23 March 2014.
  72. ^ Pearson, Natalie Obiko (22 January 2015). "India's message to women: come visit, we'll become safer". Bloomberg News. Retrieved 17 March 2015.
  73. ^ Kazmin, Amy; Singh, Jyotsna; Inagaki, Kana (5 January 2015). "Latest rape case adds to fears for Indian tourism industry". Financial Times. Retrieved 17 March 2015.
  74. ^ Nelson, Dean (31 March 2013). "Female tourists shun India after rape attack". The Daily Telegraph. Retrieved 30 October 2016.
  75. ^ UNWTO (2014), "Regional results: Asia and the Pacific - fourth consecutive year of robust growth", in UNWTO (ed.), UNWTO Tourism highlights 2014 edition, Madrid: World Tourism Organization, p. 9, ISBN 9789284416226. {{citation}}: Invalid |ref=harv (help)
  76. ^ Staff writer (6 December 2014). "India logs 10% rise in foreign tourist arrivals". Times of India. Retrieved 26 March 2015.
  77. ^ Paris, Natalie (6 January 2015). "India tourism fears after latest rape". Daily Telegraph. London. Retrieved 17 March 2015.
  78. ^ Mail Today Bureau (17 April 2015). "Indian tourism on a mission mode to work on many aspects to boost influx of tourists". India Today.
  79. ^ Buncombe, Andrew (17 December 2009). "Goa MP says rape after midnight 'not a crime'". The Independent. London.
  80. ^ a b PTI (15 December 2009). "Goa MP Shantaram Naik says some women invite rape". DNA India. Retrieved 24 December 2012.
  81. ^ a b c "Section 376A, The Criminal Law (Amendment) Act, 2013" (PDF). The Gazette of India. Government of India. 2013.
  82. ^ "Section 53 in The Code Of Criminal Procedure, 1973". indiankanoon.org. Retrieved 27 October 2017.
  83. ^ Viswanathan, T.K. "The Code of Criminal Procedure (Amendment) Act, 2005" (PDF). mha.nic.in. {{cite web}}: Cite has empty unknown parameter: |dead-url= (help)
  84. ^ Roy, Rajesh (21 March 2013). "India parliament clears tough rape law". The Wall Street Journal.
  85. ^ PTI (3 November 2015). "Child born out of rape has right over assaulter's property: High Court". The Hindustan Times.
  86. ^ PTI (3 November 2015). "Child born out of rape has right on assaulter's property: Allahabad HC". DNA India.
  87. ^ "Writ Petition No.8210 (M/B) of 2015 "A" through her Father "F" Versus State Of U.P. Thru Prin. Secy., Med. & Health Ser. & Ors". Allahabad High Court. 3 November 2015.
  88. ^ a b c d e Sharma, Amol; Agarwal, Vibhuti (25 January 2013). "India rape case tests fast-track courts". The Wall Street Journal.
  89. ^ a b Timmons, Heather (24 January 2013). "Rape Trial challenges a jam in India's justice system". The New York Times.
  90. ^ a b c Sethi, Abheet Singh (19 March 2015). "3 years after Delhi rape, conviction rates same". IndiaSpend.com. Retrieved 22 February 2017.
  91. ^ FP Staff (10 September 2013). "A 24.21 percent conviction rate for rape in India, lower every year". The First Post.
  92. ^ a b Chaturvedi, Amit (1 March 2013). "Marital rape not criminal offence: MPs committee backs govt". NDTV. Retrieved 16 April 2013.
  93. ^ Nelson, Dean (14 March 2013). "Men can still rape their wives in India after new Government bill". Daily Telegaph. London. Retrieved 18 July 2013.
  94. ^ Kinnear, Karen L. (2011), "Background and history", in Kinnear, Karen L. (ed.), Women in developing countries: a reference handbook, Santa Barbara, California: ABC-CLIO, pp. 26–27, ISBN 9781598844269. {{citation}}: Invalid |ref=harv (help) Preview.
  95. ^ a b c d e f g h Mandal, Saptarshi (2014). "The Impossibility of Marital Rape: Contestations around Marriage, Sex, Violence and the Law in Contemporary India". Australian Feminist Studies – via Taylor and Francis.
  96. ^ "Section 375 in The Indian Penal Code". indiankanoon.org. Retrieved 3 November 2017.
  97. ^ "SC says marital rape can't be considered criminal: Tradition doesn't justify assault, child marriage". Firstpost. 11 October 2017. Retrieved 3 November 2017.
  98. ^ "SC says marital rape can't be considered criminal: Tradition doesn't justify assault, child marriage". Firstpost. 11 October 2017. Retrieved 3 November 2017.
  99. ^ "SC says sex with child bride is rape, remember the Centre put marriage above child rights". The News Minute. 11 October 2017. Retrieved 3 November 2017.
  100. ^ Yamunan, Sruthisagar. "Child marital rape is now illegal. It is time to criminalise adult marital rape too". Scroll.in. Retrieved 3 November 2017.
  101. ^ S, Rukmini (29 July 2014). "The many shades of rape cases in Delhi". The Hindu. ISSN 0971-751X. Retrieved 26 September 2017.
  102. ^ Mathur, Aneesha (11 April 2013). "Men falsely accused of rape should be rehabilitated". The Indian Express. Retrieved 29 May 2013.
  103. ^ PTI (25 May 2013). "Women sometime file rape cases as weapon for vengeance: HC". The New Indian Express. Retrieved 29 May 2013.
  104. ^ Jaleel, Imtiaz (3 August 2014). Das, Mala (ed.). "Shiv Sena backs senior cop, says making rape charges is now 'fashion'". NDTV.
  105. ^ ABP Live (3 August 2014). "ABP News debate: Is Shiv Sena trying to protect rape accused?". ABP News.
  106. ^ Jolly, Joanna (8 February 2017). "Does India have a problem with false rape claims?". BBC News. Retrieved 26 September 2017.
  107. ^ S, Rukmini (29 July 2014). "The many shades of rape cases in Delhi". The Hindu. ISSN 0971-751X. Retrieved 26 September 2017.
  108. ^ Ghosh, Abantika (21 February 2017). "Same-sex attraction is OK, boys can cry, girl's no means no". The Indian Express. Retrieved 21 February 2017.
  109. ^ FE Online (21 February 2017). "Homosexual attraction is OK; 'NO' means no: Health Ministry rises above Indian stereotypes". The Financial Express. Retrieved 21 February 2017.

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