Rape in India, Its Factors and Legal Measures

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Table of Contents

Abstract
Context
Literature Review
Interventions
Statement of Position
References

Abstract

Rape is one of the crimes faced by women in different sectors across the globe. In 2012, the gang rape of a student on a bus and the subsequent death resulted in national protests that called for authorities to put in place measures to protect women and children. Since then, many reported cases of rape are reported in India. It has become a major social, health, and legal concern. The increasing cases of sexual violence across India have led to widespread protests in which activists have called for authorities to act and stop the vice. The present paper is an in-depth analysis of the rape issue in India.

It covers the causes of rape, the victims, effects on the victims, and the possible solutions. A systematic search for media articles was conducted to present the overview of the rape problem in India and the probable solutions. This was then followed by another systematic collection and analysis of the expert opinion of rape. This involved use of databases such as EbscoHost and other reliable internet sources. The study established that rape is caused by different factors that are related to the environment, culture, socialization, and individual orientations. To solve the issue of rape in India, the multiplicity of approaches should be used to supplement the legal measures.

Context

Rape against women and children has become a great concern in India. It has been termed as an epidemic of sexual violence due to the increase in rape cases across the country (Rees et al., 2011). Therefore, the aim of the study was to find out the factors contributing to the increasing trends of rape in India and investigate effective solutions to the problem. In order to understand the situation of rape in India and measures that can be taken to solve the problem, a systematic review of academic and media articles was undertaken. This entailed searching for media publications about rape in India. The articles selected were descriptive, investigative, or analytic. In order to have an in-depth understanding of sexual violence, I carried a systematic search of academic articles and expert opinions on the rape. The search was carried in EbscoHost and other sites that have an expert opinion.

The study was limited to the causes of rape and the intervention measures in India. Rape in India has increasingly become a major social concern that impacts on the lives of many people in India (Lalumiere, 2005). Despite the protests that have been staged by various advocates for women’s rights in society, the vice seems to continue in many parts of India. There are many dimensions that explain why rape is widespread. The dimensions include personal, societal, and mental health. Rape in India has drawn both internal and international condemnation. Rape continues in many parts of India. As a result, the study intended to gather information on the various dimensions that contribute to rape in India. In addition, the study was aimed at providing expert opinion on the ways the problem can be overcome. Thus, the information can be used by the various bodies tasked with addressing the rape in India.

Sexual violence demeans women. It hinders the ability of women to enjoy their rights and function as full citizens (Rukmini, 2015). Bearing in mind that India is a member of the UN and has ratified the treaties on human rights, there is the need to establish why the rape has continued to be common in India. Therefore, I needed to establish whether there are underlying issues that cannot be addressed based on the current legal framework. In the endeavor to carry out the study, the constraints were the inability to gather data from the government records that relate rape. This is due to the centralization of government services and bureaucratic processes.

Literature Review

Status of Rape in India

Nilinjana (2013) acknowledges that rape is a serious problem across the globe, and it is not restricted to India, it affects the international community. However, sexual violence seems to be worse in India because rape cases are reported. Nilinjana (2013) argued that the conviction rate of cases is high in India compared to other developed countries. For instance, Nilinjana (2013) points out that in Britain, only 7% of rape cases resulted in convictions while India had a conviction rate of 24.2%. Thus, it points out that rape is a global issue, and there is a need for concerted efforts when addressing sexual violence. In analyzing the issue in developed countries, Nilinjana (2013) gave an example of a teen rape by high school football players in Steubenville in which many people sympathized with rapists rather than the victim.

Victims of Rape

In India, victims of rape are mainly young girls and women. According to Withnnall (2015), adolescent girls are extremely vulnerable due to the risky environment and social system. Smith (2008) added that marginalization increases the chances of the poor being raped. According to Nagindrappa and Radhika (2013), India lacks a support system for the victims of rape. The sexual offenders are by known persons and relatives. In relation to the justice system, Harachadan (2013) noted that many accused people are acquitted and that there are few cases of convictions.

Causes of Rape

“The rape culture of India is a direct proof of complete disregard for women’s & girls’ rights and bodily integrity.” (Harachadan, 2013) This statement relates to debates that surround rape in India. For instance, there are arguments that India lacks strict laws to deal with people who commit sexual crimes. This has resulted in a carefree attitude where perpetrators know that there are weak systems in society (Arakali, 2015). On the other hand, there are arguments that the problem of rape is engrained in the individual’s differences, social orientations, and cultural backgrounds. For instance, George (2012) noted that there are a series of rapes in India. Thomas, Sharma, and Sharma (2014) recounted that the rape cases in many parts of India take place unabated. As a result, there is a need for rape to be made a capital crime. George (2012) noted that the main reason for sexual violence is the failure by the authority to protect women.

The patterns of sexual behaviors differ depending on the culture; in cultures where women make high contributions to societal activities, rape is absent or low (Lalumieri, 2005). Lalumieri (2005) pointed out that there are different developmental pathways to coercive sexual behavior and antisocial conduct. Each pathway is influenced by different factors. However, culture has a great tendency to cause sexual violence. Similarly, Giridharadas (2013) analyzed the opinions of the men in New Delhi and their take on the rape cases. Giridharadas (2013) noted that the perspective of rape is based on the need to discover chasm that exists between medieval ideas of womankind and the modern world. Due to the perception, men attribute the increase in rape cases to contemporary social change. Thus, they attribute rape to a fault of time and distance it from men’s fault. Men in India hold a common perception that ladies should dress in a certain way in order to avoid temptations. Thus, there is a culture of demeaning ladies. For example, men argue that thus as long the ladies put on the cute skirts, men will remain to rapists. This notion is captured by the utterances that “where there are a candle and a fire together, the candle will melt” (Giridharadas, 2013).

Interventions

In India, violence against women has been on the increase. Suri (2013) attributed the increase to the lack of clear legislation. Suri (2013) called on government lawmakers to enact legislation for dealing with the offenders. However, Suri (2013) pointed out that legislation cannot solely address rape in India. Suri (2013) stated that dealing with cases of rape is complex compared to dealing with other types of crimes. For instance, in India, rape cases have been on the increase. This is despite the constitution and policies that uphold the dignity of women. Gender equality is enshrined in the laws of India. In addition, in contemporary times, women occupy good positions in all sectors of the economy. In relation to the causes and solutions to rape, there are cultural, psychological, and sociological causes (Pew Research Centre, 2014). The multidimensional nature of the causes of rape implies that there should be a multidisciplinary perspective in addressing rape in India.

In India, rape takes place in a multidimensional and dynamic manner; understanding of rape can be radical or liberal (Society for Development Studies, 2009). La-Fond (2005) argues that the prevention of sexual violence should be based on long term goals of ensuring that offenders do not repeat the violence after the jail term. La-Fond (2005) critiques the current interventions that do not address the social and psychological issues. La-Fond (2005) proposed the adoption of programs that apply risk management. In the programs, offenders are supposed to receive punishments that are closely monitored and measures taking to address behavior that may lead to reoffending. This will ensure that the interventions provide clear and realistic solutions for preventing sexual violence and coping with sex offenders.

Jewkes (2012) pointed out that the main causes of rape relate to the environment. According to Jewkes (2012), the factors related to acquired gender attitudes and the experiences of violence during the developmental years. Therefore, the interventions of rape cases should be based on the understanding of the causal factors for rape. This implies that there is a need for complex interventions that take into account personal differences, gender attitudes, and environmental factors. Arun (2013) proposed sex education in schools and colleges as one of the solutions to the rape problem. Arun (2013) argued that that sexuality is not talked openly in India; hence, young people do not learn to practice sexuality in a healthy environment.

The cases of rape in India have been an increase over the past years. The rising issues of sexual violence have challenged the social system and contemporary thinking. In an attempt to explore the dynamics of rape in India, Madan and Sinha (2013) noted that rape is a multi-dimensional problem. Similar perceptions were raised by Joost (2005) who noted that the issues of rape vary depending on the individuals and cultures. The aspects are based on sociological, psychological, religious, and cultural dimensions.

Based on the analysis of academic and media perspective, it is evident that the rape in India is a complex situation that requires complex solutions. The key to causes includes the cultural and socialization of men in India. For example, men believe that there is a certain way in which women should dress. For instance, dressing in short skirts can be used to justify rape. The other cause of rape relates to individual factor such as the psychological status of the culprit. However, Madan and Sinha (2013) added that this is also dictated by the environment and may relate to culture.

Therefore, the studies have provided many dimensions that explain the causes of rape in India.

This presents a platform for action. It is worth noting there have been very few interventions that have been designed to reduce the incidences of rape. For example, the activists have been calling for stiffer legal penalties for sexual offenders. This has not led to substantial gains bearing in mind victims are sometimes coerced to withdraw court suits. Therefore, there is a need to include preventive interventions in order to deal with rape. This should be based on cultural, social, and psychological dimensions. For example, there should be a culture of openness in families. This will allow young people to be taught about sexuality and hence provide an integrated approach to addressing rape in India.

Statement of Position

Rape against women and children has become a great concern in India. The increasing cases of sexual violence across India have led to widespread protests in which activists have called for authorities to act and stop the vice. Rape in India has increasingly become a major social concern that negatively affects the lives of many women. The main means of dealing with sexual violence have been the legal processes that in many cases have not led to long-term solutions. La-Find (2005) challenged the notion of the legal system and pointed to there is the need for a robust system that puts into consideration the welfare of the offenders. La-Find (2005) emphasized that prevention of sexual violence should be based on long term goals of ensuring that offenders do not repeat the violence after the jail term.

This shows that India lacks an organized system for dealing with sexual violence. The overreliance on court cases does not solve the root cause. In addition, very few cases result in convictions. This implies that culprits remain in society and continue to threaten the lives of young girls and women. As a result, there is a need for a shift in the way rape issues are addressed in India. The authorities involved in the policymaking should enact new policies that will allow multidisciplinary approaches to addressing sexual violence in India. This should include strategies and campaigns to challenge the cultures and social organizations that perpetuate rape in India.

References

Arakali, H. (2015). Rape in India: ‘Epidemic’ of sexual violence against women and children, rape laws aren’t enough. International Business Times, p. 2.

Arun, I. (2013). Sexual violence in India. Delhi: Department of Global Political Studies.

George, N. (2012). Indians protest across the country after gang- rape on bus, while new rapes of girls reported. Global News, p. 4.

Giridharadas (2013). India’s rape problem and how men see it. The New York Times, p. 7.

Harachadan, A. (2013). Delhi gang-rape victim as guilty as her rapists, Asaram Bapu says. The Times of India, p. 11.

Jewkes, R. (2012). Rape perpetration: A review. pretoria, sexual violence research initiative. Pretoria: QD Publishers.

Joost, A. M. (2005). The rape of the mind: The psychology of thought control, menticide, and brainwashing. New York, NY: The World Publishing Company.

La-Fond, J. (2005). Preventing sexual violence: How society should cope with sex offenders. Washington, DC: American Psychological Association.

Lalumiere, M. (2005). The causes of rape: Understanding individual differences in male propensity for sexual aggression. Washington, DC. American Psychological Association.

Madan, V., & Sinha, R. (2013). Dynamics of rape in modern Indian society. The International Journal of Science, 1(1), 1-14.

Nagindrappa, M., & Radhika, M. (2013). Women Exploitation in Indian modern society. International Journal of Scientific and Research Publications, 3(2), 1-12.

Nilinjana, B. (2013). Why rape seems Worse in India than everywhere else: but actually isn’t. The Times, p. 7.

Pew Research Center. (2014). Indians see rape as a major national problem. Web.

Rees, S., Silove, D., Chey, T., Ivancic, L., Steel, Z., Creamer, M., & Forbes, D. (2011). Lifetime prevalence of gender-based violence in women and the relationship with mental disorders and psychosocial function. Journal of the American Medical Association, 306(5), 513-521.

Rukmini, S. (2015). The many shades of rape cases in Delhi. The Hindu, p. 2.

Smith, M. J. (2008). Child sexual abuse: Issues and challenges. New Delhi: Nova Publishers.

Society for Development Studies. (2009). Women safety in Delhi –Report to Ministry of Women and Child Development. New Delhi: Nova Publishers.

Suri, S. (2013). An Analytical Study of rape in Delhi. International Journal of Education and Psychological Research, 3(2), 60-68.

Thomas, B., Sharma, S., & Sharma, V. (2014). Perception of adult men and women regarding rape in Delhi, India. Delhi: Kalasalingam University.

Withnnall, A. (2015). Gang rape of toddler in India just one incident of many in the past week alone, activists say. The Independent, p.11.

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