Rape in India: longer- term statistics, analyses
This is a collection of newspaper articles selected for the excellence of their content. |
India vis-a-vis the rest of the world
Rapes (per capita) (2008/ 2009) by country
India not in NationMaster's Worst 50
NationMaster's list of the 50 countries with the highest number of rapes per 1,000 of population in 2008 (in some cases, 2009) is as follows. It does not include India in the Top 50.
1 Lesotho 2 New Zealand 3 Belgium 4 Iceland 5 Norway 6 Israel 7 Finland 8 Chile 9 Mongolia 10 Ireland 11 Kazakhstan 12 Estonia 13 Luxembourg 14 Denmark 15 Germany 16 Argentina 17 Czech Republic 18 Mauritius 19 Lithuania 19 Kyrgyzstan 21 Moldova 22 Russia 23 Slovenia 24 Hungary 24 Romania 24 Poland 27 Latvia 28 Oman 29 Croatia 30 Belarus 30 Morocco 32 Slovakia 33 Bulgaria 34 Portugal 34 Bahrain 34 Liechtenstein 37 Malta 37 Philippines 39 Cameroon 39 Cyprus 41 Sierra Leone 42 Greece 43 Kenya 44 Canada 45 Japan 46 Maldives 47 Guinea 48 Azerbaijan 49 Armenia 50 Egypt
India not among HEUNI's worst 28 countries; South Asia is third safest
HEUNI took statistics from various 21st century years. Its list of the 28 countries with the highest incidence of rape is as follows. It does not include India:
Mexico (worst);
Republic of Korea
Mongolia
Namibia
Israel
Belize
France
Iceland
Norway
Scotland
El Salvador
Peru
Papua New Guinea
Panama
England and Wales
Northern Ireland
Belgium
Barbados
Nicaragua
United States of America
New Zealand
Zimbabwe
Sweden
Suriname
Jamaica
Canada
Swaziland
Australia had the lowest incidence of rape in this list of the world's 28 worst.
HEUNI's ranking for the best (least rape-prone in per capita terms) and worst regions of the world is:
Central Asia and Transcaucasian countries (best); Near and Middle East/ South West Asia; South Asia (third best); North Africa; Southeast Europe; East and South East Asia; East Africa; East Europe; West & Central Europe; Latin America and Caribbean; Oceania; Southern Africa; North America (worst).
Incidence of rape in UK, USA is more than 15 times higher
614.4 million Women in India ensure safety for women tourists
TravelAndTourWorld Tuesday, August 27, 2013
India is one of the largest populated countries in the world with a population of over 1.27 billion people. With nearly half of her population being women, the country has one of the largest woman populations in the world at around 614.4 million.
According to the NCRB [India’s National Crime Records Bureau], 24,923 rape cases were reported countrywide in 2012 in India. A shocking number, definitely, isn’t that a trend worldwide? Are not women being assaulted all over the world? Actually women are safe in India just like they are in any other part of the world….maybe more so if statistics are to be believed…
Countries like South Africa lead in crimes against women.
Of every 100,000 people
132.4 women are raped in South Africa, while
the number is 63.5 for Sweden and
28.8 for UK.
USA also has a figure of 27.3,
Australia 28.6 and
New Zealand 25.8. Compared to them
India has a figure of 1.8
Do we infer from all these incidents that these places are unsafe for visitation by women?…
Women tourists are travelling to remote Indian villages regularly and they return with memorable and good experiences. A few cases do not mar the entire nation.
Every incidence of violence or rape reported is taken up with strict action by the law enforcement agencies of India and the assailant are subjected to adequate punishment just like it happens anywhere else in the world….
Wikipedia figures: India safer than most countries
According to Wikipedia the probability of rape (per 100,000 of population):
In 2004 was, India 1.6; Japan 1.7; Canada 1.8; Republic of Korea 13.5; Denmark 10.4; the UK 26.4; and the USA 32.3
By 2010, India’s record had worsened to 1.8; and UK to 28.8. Japan’s record improved to 1.0; Denmark’s to 6.4 (2009); and USA’s to 27.3.
Wikipedia, using regional groupings, lists India at no. 56, behind
41 Canada; 42 USA; 47 Hong Kong; 48 Japan; 50 Korea; 52 the Philippines; 53 Singapore; 54 Thailand; and 55 Bangladesh.
Maldives 57; Nepal 58 and Sri Lanka 59, follow. (Note: Wikipedia’s list seems to be region-wise, rather than according to the absolute or relative number of rapes.)
In absolute numbers
GlobalPost: a distant no. 2 to the USA
In absolute terms India has the second highest number of reported rapes in the world (around 22,000) compared to the USA's "more than 80,000 cases of rape reported to the police from 2004 to 2010," according to GlobalPost. However, it adds, " But the US Justice Department estimates 300,000 American women are raped every year, and the Centers for Disease Control puts the number much higher at 1.3 million."
That is why estimates differ for most countries.
GlobalPost further states, " When looking at reported rape cases per capita, Australia, Botswana and Lesotho rank highest. But tallying sheer totals, Europe and the Americas consistently top the charts."
22,172 rapes in 2010;24,923 in 2012
According to Wikipedia the following number of rapes took place in India in the years between 2004 and 2010.
|
2004 |
2005 |
2006 |
2007 |
2008 |
2009 |
2010 |
|
18233 |
18359 |
19348 |
20737 |
21467 |
21397 |
22172 |
If we take the 2010 figure, the highest of these seven years (2004-2010), it works out to 60.7 rapes a day; 2.53 rapes every hour; or one rape every 23.7 minutes, in a country pf 1.2 billion people.
According to India's NCRB there were 24,923 rapes in 2012
‘Stranger rape’
(Rapes committed by men who were strangers to the victim)
‘Stranger rape’ goes [up from 2%] to over 10% (in India)
Rukmini Shrinivasan TIG 2013/06/15
New Delhi: Was 2012 the most dangerous year for women in the capital in the recent past? One statistic would seem to suggest so: the proportion of rapes committed by men who were strangers to the victim rose above 2% for the first time in five years to cross 10%.
‘Stranger rape’ of the type that occurred in Delhi on December 16 last year tends to form the basis for women’s perceptions of public safety, but is relatively rare. Rape in India, as in the rest of the world, remains overwhelmingly a crime committed by persons known to the victim. Atthe all-India level,lessthan 2% – 453 in all — of the nearly 25,000 rapes registered during the year 2012 were committed by strangers, data released on Wednesday by the National Crime Records Bureau show. In Madhya Pradesh, the state that consistently records the largest number of rapes, all of the 3,425 assaultswereby persons known to the victim.
In Delhi too, the proportion of stranger rapes has hovered close to the 2% mark over the last five years. However 2012 NCRB data for Delhi show that 63 of the 585 rapes that were committed in 2012, or nearly 11%,wereby strangers to the victim.
While data for Delhi have been stable over the previous years, large swings between years for a few other cities raise some doubts over the accuracy of NCRB data. Bangalore is the most extreme example of this: the proportion of ‘stranger rapes’ in the southern city swung from 77% to 0% between two consecutive years, 2009 and 2010. Karnataka’s crime statistics chief hadearlier toldTOIthat it was probably a problem with the numbers. “In Bangalore and Karnataka, as in the rest of the country, rape by strangers is a very small part of total rapes,’ Praveen Sood, additional DGP, Karnataka State Crime Records Bureau, had told TOI. A spokesperson for the Delhi police said he could not comment without the exact numbers in front of him.
It’s too soon to draw conclusions based on one year’s data, agreedKalpana Vishwanath of the Delhi-based women’s rights organization Jagori. “It’s undoubtedly a fact that there is crime against women, but there also seems to be some slight increase in the last six months. There is greater family and community supportto girlswhowantto speak out, and a little less of blaming the victim,” Vishwanath said.
Victims of rape also tend to be younger in cities than in the rest of the India, more so in Delhi. In the cities for which NCRB provides data, justover half the rape victims were aged 18 or less. The corresponding all-India figure was just 36.5%. In Delhi, 329 of the 585 victimes, or about 56.2% were aged 18 or less.
Worldwide: 31% of female victims raped by a stranger
According to the U.S. Department of Justice: (All statistics are taken from: Violenceagainst Women, Bureau of Justice Statistics, U.S. Dept. of Justice, 1994.)
One of every four rapes take place in a public area or in a parking garage.
31% of female victims reported that the offender was a stranger.
Statistics
Rapes in India's 5 biggest cities
More rapes in Delhi in 2012 than 4 metros put together
Dwaipayan Ghosh TNN 2013/06/14
New Delhi: Delhi’s shame continues. The National Crime Records Bureau’s report for 2012 iterates through statistics what every woman in the city knows by experience — that it remains the most unsafe for women among 88 important cities of India.
With 5,959 cases of crime against women registered last year, Delhi accounted for a staggering 14.88% of all women-related crimes reported from these 88 cities. No other city even came close to matching Delhi’s notorious record.
Bangalore was a distant second, with a share of 6.18% of all crimes against women in urban India. Next came Kolkata (5.66%) and then Mumbai (4.86%).
No crime reveals Delhi’s violence towards women better than rape. The number of rapes in the capital last year (706) was more than those reported in four other metros — Mumbai, Kolkata, Bangalore and Chennai (484) — put together. The staggeringly high figure can’t be explained by the capital’s sprawl. For, the female population of Delhi is 75.76 lakh, lower than Mumbai (85.20 lakh) and not much higher than Kolkata (67.93 lakh).
Rapes rise 200% in Kolkata in 5 years [2008-13]
Dwaipayan Ghosh, TNN | Sep 29, 2013
KOLKATA: The City of 'bhoi' is indeed living its worst nightmare. The number of rapes has almost doubled in the city since 2008 and molestation tripled, says the latest data of the National Crime Records Bureau (NCRB). The last NCRB study had ranked Bengal No. 1 in crimes against women.
Cruelty towards women has seen a 200% increase - from 405 in 2008 to 865 in 2012 - giving the city the ignominy of topping cases under Section 498A IPC. Even dowry death, which was on the decline in the late Nineties in Bengal, has seen a slight increase in Kolkata.
In 2008, 35 rape cases were reported in Kolkata, which rose to 42 the next year. Although it dropped sharply to 32 in 2010, the very next year it shot up to 42, and 2012 was the worst year with 68 rapes cases registered in the city.
Molestation cases increased even more alarmingly, from 81 in 2008 to 133 in 2010. And again, 2012 was the worst year, with 377 molestation incidents reported.
Some incidents this month itself raises a number of questions. A Class-X student of a leading south Kolkata school was molested while returning home in the Topsia-Tiljala area. A couple of days later, a young girl was raped in the same area. A woman returning home with her fiance was molested by bike-borne men near AJC Bose Road flyover and two female employees of an eatery in China Town were kidnapped inside a taxi and molested by three men.
Earlier, a 26-year-old woman was kidnapped and raped inside a moving car and a Frenchwoman was molested by a bike gang in the Lake Gardens area.
Child rapes/ Sexual assault on children
‘336% spurt in child rape cases’
By TIMES NEWS NETWORK, The Times of India , 22 April 2013 The Times of India
Even as the national Capital protests against the heinous nature of the five-year-old child’s rape, an independent report, based on National Crime Records Bureau (NCRB) figures, shows that India is no country for children.
The report says a total of 48,338 child rape cases was recorded between 2001 and 2011, and the nation saw an increase of 336% of such cases from 2001 (2,113) to 2011 (7,112).
The report by the Asian Centre for Human Rights (ACHR), however, warns that this is only the “tip of the iceberg” as the large majority of child rape cases are not reported to police while children regularly become victims of other forms of sexual assault too. Madhya Pradesh recorded the highest number of child rape cases with 9,465 cases between 2001 and 2011, followed by Maharashtra (6,868), Uttar Pradesh (5,949) and Andhra Pradesh (3,977). Delhi, which reported 2,909 cases, ranked sixth on the list.
The report, “India’s Hell Holes: Child Sexual Assault in Juvenile Justice Homes”, which has been submitted to the UN Special Rapporteur on Violence against Women, says that many of the cases take place in juvenile homes.
“It will not be an understatement to state that juvenile justice homes, established to provide care and protection as well as reintegration, rehabilitation and restoration of the juveniles in conflict with law and children in need of care and protection, have become India’s hell holes where inmates are subjected to sexual assault and exploitation, torture and ill-treatment apart from being forced to live in inhuman conditions. The girls remain the most vulnerable. It matters little whether the juvenile justice homes are situated in Delhi or in mofussil towns,” said Suhas Chakma, director, ACHR.
The 56-page report also highlights 39 cases of systematic and often repeated sexual assault on children in juvenile justice homes. Out of the 39 cases, 11 were reported from governmentrun juvenile justice homes, while in one case a CWC member was accused of sexual harassment during counselling sessions.
The remaining 27 cases were reported from private or NGO-run juvenile justice homes.
Under-reporting--or, possibly, over-reporting--of rapes in India?
Unprecedented surge in filing of false rape cases
False cases behind Delhi's tag of rape capital: Court
PTI | Jul 27, 2013
The court said that after the Delhi gang rape [of December 16, 2012], it led to an atmosphere where "the mere statement of a lady that she has been raped, came to be taken as the gospel truth, on the basis of which the accused was arrested and chargesheeted".
False cases give Delhi the label of 'rape capital': Judge
NEW DELHI: False cases are the reasons behind labelling of Delhi as the 'rape capital', a court in Delhi has held while acquitting a 75-year-old man on the charge of sexually assaulting his maid after the woman turned hostile.
The court said after the December 16 gang rape of a 23-year-old girl in a moving bus in Delhi, it led to the creation of an atmosphere that "the mere statement of a lady that she has been raped, came to be taken as the gospel truth, on the basis of which the accused was arrested and chargesheeted".
"This lead to an unprecedented surge in filing of false rape cases...It is these false cases which play havoc with the crime statistics, leading to the labelling of Delhi as a 'rape capital'," additional sessions judge Virender Bhat said, while acquitting Bhopal Sharma of the charge of sexually assaulting his maid.
The court observed that as acquittals in such cases are hardly ever reported, the falsely implicated persons lose their honour, dignity and status in the society and though these cannot be restored, "these victims" can be compensated so that they can start life afresh.
It also noted that "it is a matter of intense regret that even the frail, sick and aged persons are not spared from the false allegations of rape".
Bhopal Sharma and his maid (domestic employee)
The maid in her complaint had said a few days after she started working at Sharma's house in July 2012, he had raped her and after the incident, had promised to marry her.
Thereafter, he continued to have sexual relations with her on the pretext of marrying her, the maid had alleged, adding that she lodged the police complaint on October 11, 2012 after Sharma expressed his unwillingness to keep his promise.
However, during the trial, the woman turned hostile and said she had levelled false allegations on the advice of Anita and another person Kuldeep.
Live-in relationships, failed, account for 21.6% of Gurgaon rape complaints
It gets knotty when they don't tie the knot
Sanjay Yadav, TNN | Jul 24, 2013
GURGAON: The city is witnessing the emergence of a trend in intimacy with eight live-in relationships ending in rape complaints in the last three months. These eight rape cases are a sizeable percentage of the total 37 cases in the past six months.
The majority of the cases do not fit into the conventional bracket of rape
Attention has once again been drawn to the security, legality and the apparent misuse of this much-professed institution of convenience. Gurgaon police arrest the accused without fail but a majority of the cases do not fit into the conventional bracket of rape.
When live-in relationships sour, it is usually because the women feel cheated by the fact that the alleged promise of marriage is not kept.
He raped her for two and a half years
On June 11 a woman, who worked as a software engineer in a Gurgaon-based company, accused her live-in partner of raping her for two and a half years on the pretext of marrying her. The victim was previously married to another man but left him to be with the accused and has a nine-month-old child from the relationship. Sector 40 police lodged an FIR and arrested the accused, who was later sent in judicial custody.
He raped her for six years
In another case, a 57-year-old CEO of a tour operator company was arrested by city police for allegedly raping his live-in partner. She accused her partner of raping her for six years on the pretext of marriage. The complainant, a 42-year-old owner of a spa-cum-salon in the city, had alleged that the CEO had shown her a fake divorce certificate to lure her. The accused, who was sent in judicial custody, was granted bail after some days.
Accused get bail soon
Unlike in other rape cases, the live-in partners accused of rape are usually out on bail soon.
"In many cases you find that the couples have been living together for almost a decade and one fine day the female partner wakes up and alleges rape. In many cases we do see that it's a frame-up but our hands are tied," a senior police officer told TOI on condition of anonymity.
When contacted, Alok Mittal, police commissioner, said, "If any complainant comes with a complaint of rape to us, we immediately lodge an FIR and arrest the accused. We present our investigation report in court and the court decides on the veracity of the allegations.
"It may be a new trend in live-in relationships, but on our part, we never delay lodging the FIR and arresting the accused. We do not sit in judgment on the allegation and do not make any subjective observation," the police commissioner said.
There were a couple of recent cases of fatality in live-in relationships that did not fit into the 'rape' trend. A Delhi Police inspector of the Special Cell (encounter specialist) and his live-in partner were found shot dead in suspicious circumstances at the woman's home in Ardee City in May. Earlier, a 24-year-old woman in a live-in relationship in rented accommodation near Sector 44 had committed suicide on April 14 by consuming a poisonous substance.
Definitions of rape unique to India
At least in Gurgaon 21.6% of all rape cases reported are of the type illustrated below.
Complaint Filed By Ex-Staffer After Sacking
MNC director accused of rape
Company Says Complaint Filed By Ex-Staffer After Sacking
Rao Jaswant Singh &Sanjay Yadav TNN
Gurgaon: A 32-year-old former employee of consultancy major Aon Hewitt has accused a director of the company of raping her inside his office chamber in the company’s Gurgaon office.
The woman, who was an operations manager at the company’s Noida branch but also spent time in the Gurgaon office, has alleged that the director often called her to his cabin and “indulged in activities which can be defined as rape according to the new legislation”. She also accused two other senior officials of calling her to their cabin and making her watch porn and molesting her.
When contacted, an Aon Hewitt spokesperson said in a mailed response: “(The woman) was terminated from employment on December 3, 2013. Following a complaint received, Aon Hewitt conducted an internal investigation which found that she had not adhered to the rules, regulations and policies of the company.
Man rapes woman colleague for 3 yrs
A24-year-old woman from Rajkot had allegedly been raped for three years by her colleague in different parts of Gujarat on the promise of marriage. The woman is a diploma engineer and was in Surat since 2010. She was an employee of an online marketing firm for which Verma, too, worked. Her family stays in Rajkot. The woman was allegedly raped by the accused in hotels near Rajkot and other areas of the city. TNN
‘She was raped by him on several occasions'
Man freed of rape charge ‘
The Times of India TNN Oct 12, 2013
A trial court has acquitted a man, accused of assaulting a New Zealand-based divorcee and raping her on the false promise of marrying her, saying the woman "voluntarily" had sexual relations with him as she was in love and wanted to marry him.
Police arrested the man in March 2013. The woman had alleged that she was raped by him on several occasions since April 2011 on the false promise of marriage after she got divorce from her Indian husband in September 2010. The woman had said that she met the accused through her ex-husband in New Zealand and they both became friends. "The accused used to visit her house since 2009.
"It is, therefore, beyond any shadow of doubt that the victim indulged in sexual intercourse with the accused voluntarily as she was in love with him and wanted to marry him. The sexual intercourse between the two was with her consent," the court said.
Man rapes friend for nine years
Man rapes friend for nine years; case registered
Press Trust of India | Posted on Jul 21, 2013
A forty-year-old woman was allegedly raped and blackmailed by a loan agent-cum-trader for nine years in Hasanpura area of the city, police said on Sunday.
Victim living alone in the city had clearly mentioned that she had earlier friendship with the accused for nine years, and he used to visit her home too.
Accused was working as loan agent and was paying good interests on her money lent to customers, but all of sudden his intention turned bad, and committed rape on a number of occasions in the city hotels and her home, SHO said.
The accused had blackmail her with obscene pictures, police said, adding he had stolen some stamp papers and cheques from her house also.
Police inspector rapes woman for one month
In other countries this is called 'In flagrante delicto'
SHO 'rapes' junior's wife, probe ordered
Purusharth Aradhak, TNN | Jul 15, 2013
BULANDSHAHR: A police station in charge was caught raping a constable's wife inside the police station in Khurja on Sunday morning.
The victim lodged a complaint with the police
The victim's husband is posted in the police lines. On Sunday at 5am, when he returned to his quarter in the police station, he allegedly found his wife and the station house in-charge in a compromising state. On seeing her husband, the victim screamed and ran towards him. She told him that the police inspector had been raping her for the last one month.
Criminal raped her for 4 years, lured her with gold, clothes and promises of marriage
In most countries she would be called a gangster's moll or mistress. In India she is called a 'rape survivor.'
Mahanand raped me for 4 years, says victim
Preetu Nair & Rajeshree Nagarsekar, TNN May 23, 2009, 04.21am IST
PANAJI: A 23-year-old rape survivor revealed that dupatta killer Mahanand Naik raped her everyday for four years and then lured her with gold, clothes and promises of marriage. When she objected, he threatened her, she alleged.
"For four years, he wouldn't allow me to talk to anyone. If I talked to a man, he would threaten me. Two years ago I got a marriage proposal from Ponda. Mahanand went to the boy and told him that I am his girl', thereby destroying my marriage prospects," revealed [name concealed],.
Interestingly, Mahanand never beat her or tried to kill her. On the contrary, he lured her with promises of marriage, jewellery and clothes. "He gifted me clothes, gold jewellery and also promised to marry me. I had no option but to believe him as I had no one to turn to for help," she said.
He raped her 16 times over five years on the pretext of casting her in his films
In other countries this is called the 'casting couch'
Preeti Jain 'rape' case: Madhur Bhandarkar gets relief after 9 years
New Delhi, Mon Nov 05 2012
The Supreme Court today quashed the ongoing criminal proceedings of Bollywood film director Madhur Bhandarkar on allegations of rape levelled by actress Preeti Jain.
The actress had lodged a complaint with the Versova police in July 2004 alleging that Bhandarkar had raped her 16 times between 1999 and 2004 on the pretext of casting her as actress in his films.
She alleged Bhandarkar promised to marry her and to cast her in his films, but he went back on his promises later.
Intoxicated girl says she was 'gang-raped' by friends who used contraceptives
19-year-old girl 'gang-raped' in Raipur
Rashmi Drolia, TNN | Aug 26, 2013
RAIPUR: Civil Lines police, while patrolling late on Sunday night, found [a] girl in Shankar Nagar locality in a suspicious state. During questioning, she claimed that she was gang-raped by five youths, who took her to an isolated place.
The girl retracted from her statement on Monday while taking to the media, claiming that all the five youth, named in her statement, were her friends and they didn't rape her. However, the police searched the crime scene, as earlier described by the girl, and found contraceptives.
Police sources claimed that the girl might have been physically involved with her boyfriend who later called his friends, who later gang-raped her. Girl was under the influence of alcohol when police brought her to police station.
Civil Lines town inspector Manisha Thakur [arrested] the five accused [and released the names of all five to the media, tarnishing their reputations forever; the name of the girl who made the accusation was, as is the practice in India, kept a secret]. A case under Section 376 (2G) of the IPC was registered against the [five accused].
Five-year-old affair becomes rape when lover does not give her an apartment
Air hostess files rape charge
Sanjay Yadav, TNN | Oct 13, 2013
GURGAON: A 48-year-old property dealer has been arrested in Palam Vihar for allegedly raping a 29-year-old air hostess, who was a tenant in his house.
The victim claimed that she trusted her landlord, Rajiv Bagga, when he got intimate with her and promised to marry her. A source said that Bagga was already married twice and the victim had been involved with him since 2008. She had pleaded with him to marry her earlier but he had calmed her with the promise of gifting her a flat. Some days ago, when she got to know that the promised flat had already been sold by Bagga, she felt duped.
Kalka man rapes girl on the pretext of marriage
Kalka man rapes and blackmails 25-year-old
TNN | Jun 28, 2013
CHANDIGARH: A 25-year-old girl from Sector 40 was raped and blackmailed by a Kalka resident who threatened her with the leaking of an objectionable MMS.
Police said Chetan developed a physical relationship with the girl on the pretext of marriage and filmed her. When the victim talked to him about marriage after four months, he refused and stopped taking her calls.
Former lovers accused of rape
Man accused of 'raping' lover let off
TNN Sep 16, 2013
NEW DELHI: A man accused of raping a married woman on the false promise of marriage has been acquitted by a Delhi court, which observed it was a case of an "extramarital affair being converted into rape".
The court said the 25-year-old woman, who has four children, filed a false case against her lover to save herself from "embarrassment", after her husband found out about the affair.
"This trend of extramarital affairs being converted into rape has become common and many cases on similar allegations have been filed. When a woman is not in a capacity to marry another man, then why should her paramour be prosecuted, incarcerated and be tried for rape when it is actually an affair," said additional sessions judge Nivedita Anil Sharma [ a lady], adding that with changing times, the understanding of "morality" is also changing.
Man accused of raping former lover acquitted
Rebecca Samervel, TNN | Oct 2, 2013
MUMBAI: A sessions court on Tuesday acquitted a man accused of raping his former girlfriend and emailing her nude pictures to several employees of her company.
Special Judge Vrushali Joshi [ a lady] acquitted the accused after the prosecution failed to prove its case.
It was the prosecution's case that the accused (32) had raped and abused the 22-year-old woman on several occasions between June 2006 and December 2007. Defence advocate Amin Solkar argued that the sex was consensual and there was no evidence to show that the accused had actually sent the emails or pasted the pictures. "The camera from which the pictures were taken was actually recovered from the woman," Solkar said.
In her statement to the police, the woman said the duo had made attempts to elope and get married, but their plan did not materialize.
The woman claimed that she had found out that the accused was previously married. When confronted, he assured her that he would get a divorce.
Compensation for rape victims
‘Compensate rape victims’:Supreme Court
TIMES NEWS NETWORK 25/04/2013
New Delhi:Victims of sexual assault need a completely different treatment than what is meted out to them by society and state authorities, the Supreme Court has said and ordered all states to implement its 18-year-old directive.
The 1995 judgment of the apex court had directed setting up of Criminal Injuries Compensation Board and said it could take up the task of determining the amount to be paid by the offender to rape victims who incur huge financial loss apart from carrying the unwarranted stigma.
“The board shall take into account the pain, suffering and shock as well as loss of earnings due to pregnancy and the expenses of child birth if this occurred as a result of rape,” the court has said in Delhi Domestic Working Women’s Forum case.
Reiterating the guidelines, a bench of Justices B S Chauhan and F M I Kaliffulla said, “Undoubtedly any direction issued by this court is binding on all the courts and all civil authorities within the territory of India.” While dealing with a rape case from Madhya Pradesh, the bench accepted arguments of Vibha Datta Makhija and upheld the HC’s decision to reverse the acquittal of one Dilip who was accused of rape.
The lack of sensitivity shown towards the rape victim by the prosecution and the trial court anguished the bench and said that the 18-year-old directive asking the prosecution and states and Justices Chauhan and Kalifulla decided to add more norms to the guidelines.
Compensate rape victims in 2 months, Bombay HC tells state govt
Rosy Sequeira, TNN | Jul 26, 2013
MUMBAI: The Bombay high court on Thursday granted a state government request for two months to implement a scheme to compensate rape and sexual assault victims but reminded it that such incidents were increasing. The HC said the government "cannot take its own sweet time' and delay its implementation.
A division bench of Justices S C Dharmadhikari and S B Shukre heard a public interest litigation by the Forum Against Oppression of Women to direct the government to constitute a victim compensation fund mandated by the Supreme Court to states in 1995. The principal secretary (women & child development) appeared in court after the judges, at a previous hearing, were miffed when told there were no funds to rehabilitate victims.
Assistant public prosecutor Prajakta Shinde sought time as the proposal was pending before the home department since July 16. "At this rate, you will want months together. How long should anybody wait?' said Dharmadhikari. "Does the cabinet not meet during the assembly session? Is it not possible for the cabinet to take advantage of placing it before the assembly? For such ameliorative measures, who is going to say no?' he said.
The judges expressed "surprise' that even after "an officer as high as the chief secretary" held a meeting, the process to obtain comments and approval of other departments was initiated.
"The chief secretary, after convening a meeting, does not get departmental approval? You must impress upon people who are part of the welfare state. Such incidents are increasing. You cannot take you own sweet time,' Justice Dharmadhikari said.
Shinde sought two months to implement the scheme. "It will be taken up on priority,' she said. The petitioner's advocate, Vijay Hiremath, said accounts had been opened in May but after that no action was taken. Dharmadhkari riposted, "If there is a scheme in place, let it start. We must not start the process of finding fault. As citizens we must show concern for victims." The judges said the state must show a "sense of urgency in formulating and implementing schemes to offer solace to victims".
They said that at least now the state must show concern and respond to the needs of victims so that they have support in their battle for justice. They said the scheme was expected to be in place by the next hearing in eight weeks and added that there will be no extension.
The legal aspect: What constitutes a rape?
Affair gone bad no ground for rape charge: Bombay HC
Shibu Thomas, TNN | Jul 12, 2013
MUMBAI: A love affair gone bad is no reason to charge a man who got a woman pregnant with rape, the Bombay high court has ruled. Justice Sadhna Jadhav acquitted Borivali resident Manesh Kotiyan (39) of rape charges three years after his arrest and subsequent conviction.
"The very fact that the prosecution has admitted in the cross-examination that she had a love affair with the accused and she desired to marry him. In these circumstances, offence under Section 376 of the IPC (rape) would necessarily fail," said Justice Jadhav ruling that the rape charges against Kotiyan were "unsustainable".
The court went through the prosecution case and noted that the accused had proposed to the girl. "The complainant is an educated adult person," said the judge. "She was fully aware of the fact that he (Kotiyan) was attracted to her. She chose to accompany him to Gorai. She also checked into a hotel to celebrate his birthday. She was aware of the consequences," said the judge.
"She had not cried for help and had not taken her resistance to a logical end. Hence, it would not be justifiable to hold that the consent was obtained by intimidation, force meditated imposition, circumvention surprise or undue influence," said the judge.
The court, however, upheld Kotiyan's conviction on charges of cheating as he had failed to disclose to the victim that he was married and had children. Since he has served around three years in prison, the court ordered his release.
"There is no evidence that the accused coerced her and raped her," said advocate Arfan Sait, who was appointed by the high court legal aid cell to defend Kotiyan. "He had always intended to marry her and had told her he would do so once the divorce proceedings ended."
The case dates back to March 2010, when the girl who was four months pregnant lodged a case of rape against Kotiyan. The two had met when they were working at a stationery shop in Borivli. In November 2009, they had gone to Gorai to celebrate Kotiyan's birthday, where according to the prosecution he forced her into having sexual intercourse. A sessions court in 2012 held Kotiyan guilty of rape and sentenced him to seven years rigorous imprisonment. Kotiyan filed an appeal in the HC. "It is clear from her deposition that she had lodged the FIR in a fit of rage," the HC said.
The nature of the consent
'Nailing rapist hinges on nature of consent'
Shibu Thomas, TNN | Jul 15, 2013
MUMBAI: In recent rulings in rape cases filed after a relationship went awry, courts considered three key aspects —consent, how that consent was obtained and whether or not the accused had mala fide intention in promising marriage before getting into a physical relationship with the victim.
If a victim deposes that she did not give her consent, then the court has to presume that she did not give her consent
India has one of the toughest laws with regards to rape, where if a victim deposes that she did not give her consent, then the court has to presume that she did not give her consent (Section 114-A of the Indian Evidence Act). Section 90 of the IPC stipulates that a consent given under a misconception of fact is not valid.
In cases where love affairs have failed, the law states that if the victim, under a misconception of fact that the accused was likely to marry her, submits to his lust, then such an act is not consensual. Courts have taken a nuanced look at such cases.
Did the accused make a false promise of marriage?
"There is a clear distinction between rape and consensual sex and in a case like this, the court must very carefully examine whether the accused had actually wanted to marry the victim, or had mala fide motives, and had made a false promise to this effect only to satisfy his lust, as the latter falls within the ambit of cheating or deception," the Supreme Court said in a ruling in May. "There is a distinction between the mere breach of a promise and not fulfilling a false promise."
The apex court held that an accused can be convicted of rape only if the court reaches a conclusion that his intention was mala fide and he had clandestine motives.
"... There must be adequate evidence to show that at the relevant time, which is at an initial stage itself, the accused had no intention whatsoever of keeping his promise to marry the victim," the court had ruled. "There may... be circumstances when a person having the best of intentions is unable to marry the victim owing to various unavoidable circumstances. The failure to keep a promise made with respect to a future uncertain date due to reasons that are not very clear from the evidence available does not always amount to misconception of fact."
The Bombay high court in its ruling acquitting a Borivli resident man of rape charges (see on this page 'Affair gone bad no ground for rape charge: Bombay HC') had taken a similar view. The court ruled that the consent was not forced as the victim had admitted to accompanying the accused to a hotel in Gorai. She had not cried out for help. The court held that the accused had "not committed sexual intercourse on false promise of marriage". "He was willing to marry her. The impediment was the proceedings filed by his first wife. Even according to the complainant, the (accused) had assured her that he would get married to her after obtaining divorce from his first wife."
Sexual intercourse on assurance of marriage not rape if assurance not fulfilled
Premarital sex 'immoral', no religion permits it: Court
PTI [1] | Jan 5, 2014
NEW DELHI: Additional sessions judge Virender Bhat held that a woman, especially grown up, educated and office-going, who has sexual intercourse on the assurance of marriage does so "at her own peril".
"In my opinion, every act of sexual intercourse between two adults on the assurance of promise of marriage does not become rape, if the assurance or promise is not fulfilled later on by the boy," the judge said.
"When a grown up, educated and office-going woman subjects herself to sexual intercourse with a friend or colleague on the latter's promise that he would marry her, she does so at her own peril. She must be taken to understand the consequences of her act and must know that there is no guarantee that the boy would fulfil his promise, the court held while acquitting an employee of a multinational company of the charges of rape.
The 29-year-old man, a resident of Punjab, was arrested when a woman, doing a secretarial and administrative job at a private company in Delhi, lodged a complaint of rape against him in May 2011.
In her complaint, the woman had alleged that the man, whom she had met through a chat website in July 2006, used to have physical relations with her on several occasions by promising to marry her.
No reduction of punishment on compromise or marriage between rape survivor and rape convict
SC warns courts against showing leniency towards rape convicts
Dhananjay Mahapatra, TNN | Aug 27, 2013
NEW DELHI: The Supreme Court on Tuesday ruled that compromise between rape survivor and rape convict cannot be a ground to reduce sentence of imprisonment.
Even offer of marriage by the accused to rape survivor cannot persuade courts to reduce sentence of rape convicts, the top court said.
The apex court said law permits the court to reduce sentence even in rape cases under exceptional circumstances but compromise between the assaulted woman and the rapist cannot be a ground for that exception.
The top court said allowing compromise between rape survivor and convict for reduction of sentence would allow the accused to exert every kind of pressure on the rape survivor to settle for a compromise.
Long delay in trial and the fact that rape survivor has settled in life were also no grounds to reduce sentence of rapists, the SC ruled. Religion, caste or status of accused too should not make any difference to the case trial and imposition of sentence when convicted, the court said. Justifying harsh punishment in rape cases, the court said rape is not only a physical and mental assault of a woman but also a crime against society requiring courts not to show leniency to rape convicts when it came to imposing sentence.
Warning the high courts and trial courts against leniency towards rape convicts, SC said orders imposing sentence less than prescribed or releasing accused on the grounds that period of sentence has already been undergone would reflect insensitivity of court towards rape survivor and society.
Children born in rape cases are not "property" in the crime
Kids born in rape cases can't be 'property' in crime: HC
PTI | Aug 15, 2013
MUMBAI: In a significant order, the Bombay high court has observed that children, born to minor unwed mothers in rape cases, cannot be treated as "property" in the crime while considering requests from Child Welfare Committees to declare such children free for adoption.
Accordingly, Justices R M Borde and R V Ghuge quashed orders of a Child Welfare Committee which asked an adoption agency to seek NOC from court and permission from police to allow adoption of children born to unwed mothers who had been raped.
The high court was hearing two separate petitions filed by Snehalaya Snehankur Adoption Centre which had applied to the Child Welfare Committee to give a declaration that such children, born to unwed mothers, were free for adoption.
Assistant government pleader told the court that the Child Welfare Committee had asked police to inform whether they would need the presence of children since they are born out of sexual violence, in respect of which act, an offence has been registered with the police. Besides, it was also awaiting a report from a probation officer.
The judges said, "Merely because children are born out of sexual violence to minor unwed mothers, it does not mandate calling of report from police as to whether they would need the children for investigation or for calling upon the adoption agency to produce a 'no objection certificate' from the competent court dealing with trial of offence."
"It must be understood that the police are concerned with the investigation of crime which is in the nature of sexual violence meted to a minor girl. Also, the court in a trial is concerned with the offence of sexual violence alleged against the accused," the judges said recently.
Considering the applications, tendered by adoption agency seeking a declaration from the committee that the children are free for adoption, those children, who are born to unwed minor mother out of sexual violence, cannot be treated as "property" involved in the crime," the bench said.
"There is no role of police or court in a criminal trial relating to sexual violence, in the matter of grant of declaration by the committee that the children are free for adoption. We are of the opinion that the committee has not exhibited sensitivity, as contemplated by the government in its policy on children in 2003," they said.
Disposal of rape cases by Indian courts
Pendency of rape cases falls in 5 HCs
Karnataka Disposed Of Over 4.5k Rape Cases In 3 Yrs, Delhi HC 2nd Best
TIMES NEWS NETWORK
The Times of India 2013/08/13
New Delhi: The high courts of Calcutta, J&K, Gauhati, Uttarakhand and Himachal Pradesh are among the high courts with the lowest pendency of rape cases despite the fact that some of these states have seen a high number of sexual harassment cases coming up for trial every year in their lower courts.
The pendency of rape cases in these HCs range from 26 to 177, while some others such as the HCs of Allahabad, Madhya Pradesh, Punjab & Haryana, Chhattisgarh and Orissa had pendency ranging from 1,000 to 8,200 as of September 2012.
Delhi has 924 rape cases pending in its high court even after disposal of more than 1,100 cases between 2009 and 2012. Delhi HC, after Karnataka, remains the best performer in the last three years in clearing backlog. Karnataka, which had 243 cases pending in its HC, disposed of over 4,500 rape cases during this period, according to the law ministry.
But as far as rape cases coming up for trial are concerned, West Bengal ranks at the top with 15,197 cases reported in 2012. Maharashtra is second with 14,400 cases, followed by Madhya Pradesh with 11,200.
Even in Uttar Pradesh, which has the highest pendency in its HC, the cases reported for trial are way below at 5,790.
Bihar, notorious for its crime graph earlier, reported 4,100 cases for trial, above Gujarat at 3,373 cases.
Section 309 of the Code of Criminal Procedure
Releasing the data in Lok Sabha in response to a question last week, law minister Kapil Sibal said, “To expedite the trial of criminal cases and for certain serious offences relating to crime against women, Section 309 of the Code of Criminal Procedure provides that in every enquiry or trial, proceedings shall be held as expeditiously as possible and in particular, when examination of witnesses has once begun, the same shall be continued from day-today until all witnesses in attendance have been examined.”
Section 309 also provides that when the inquiry or trial relates to an offence under Sections 376 to 376D of the IPC, the inquiry or trial shall, as far as possible, be completed within a period of two months from the date of commencement of examination of witnesses.
“Not only that, several legislations enacted for protection of women and children against violence and sexual offences contain provisions for speedy trial of such cases,” Sibal said.
See also
Juveniles, benefits and privileges of
Juvenile delinquency in India Especially the section 'Rape by juveniles'
Rapes in India
