14 Pages Posted: 15 Apr 2013 Last revised: 5 May 2013
Date Written: April 13, 2013
The article revolves around the law established for rape in India. Taking Section 375 and Section 376 of the Indian Penal Code as the base, the article moves towards numerous aspects indicating the areas which need attention. It uncovers the deficiencies in the rape law beginning with the analysis on the narrow definition of rape in the Indian Penal Code, keeping in view the definitions of rape in the Sexual Offences Act, 2003 of England and the Criminal Law Consolidated Act, 1935 of Australia as well as the 172nd report of the Law Commission of India. The current law does not take into account acts of forced oral sexual intercourse, sodomy and penetration by foreign objects, which needs urgent attention as the impact of these can destroy the physical frame of the victim and defile her soul equally. Considering this requirement, the article talks about the proposed Criminal Law Amendment Bill, 2010 which aims at removing the present anomalies in the archaic definition of ‘rape’ in section 375. There are various questions which haunt the judiciary on matters of ‘consent’ and ‘conduct of the victim.’ A theoretical analysis, backed by observations on landmark cases, is put-forth on the various questions revolving around the rape of a girl of ‘easy virtue.’ The article further submits the analysis on the derogatory practice of the Per Vagina Test and how it comes-up as an anathema for Indian women. The article triggers the broad debate on castration being a befitting sentence on any paedophile or any serial offender.
Women are the only oppressed group in our society that live in intimate association with their oppressors. So in the end, it is about making the law black and white for all. On the whole, the article goes in deep details of the rape law - both in theory and practice, suggesting changes and unveiling the loopholes & misuse it invites. Studying the laws, the process, the application of those laws, one thing is certain- the entire structure of dispensation of justice needs an over haul, otherwise the victim shall no longer be the woman alone, but humanity at large.
Keywords: Loopholes in Rape Law, Section 375, Section 376, Indian Penal Code
JEL Classification: K14
Suggested Citation: Suggested Citation
Mehta, Siddharth, Rape Law in India: Problems in Prosecution Due to Loopholes in the Law (April 13, 2013). Available at SSRN: https://ssrn.com/abstract=2250448 or http://dx.doi.org/10.2139/ssrn.2250448