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Indian Laws on Rape
editThe Indian Penal Code section 375 address the crime of rape. The law defines rape in several ways: against the woman's will or consent; obtaining her consent through threatening her or someone she cares for; making her believe the perpetrator is her legal husband; if she is unconscious or under the influence of any drugs or alcohol; or if she is under fourteen years of age. There is also an exception listed saying it's not rape if it is a man and his legal wife as long as she if over the age of thirteen. That number was lowered from fifteen to the current thirteen in 1950.[1]
Section 376 of the Penal Code outlines the punishments for rape, most of which are fines and/or jail time up to 10 years. The are several potential cases that are in their own section and indicate a harsher sentence including a policeman, or public servant taking advantage of their positions; a manager of a jail, hospital or institution raping a woman in their custody; someone who commits rape against a pregnant woman or a girl younger than 12 years of age; or someone that commits gang rape. The first sub-section of section 276 contradicts section 375 by detailing that a man who commits rape against his own wife who is older than 12 years of age could face fines, up to two years in prison or both[2].
Societal and Cultural Values
editIndian society is a strongly patriarchal one, with a large preference placed on sons over daughters, leading to many sex-selective abortions and female infanticide[3]. Women who survive this discrimination from birth face even more throughout their lives from violence to inadequate healthcare, bad diet, and more. Beyond the outright discrimination woman will face, is the underlying societal traditions that place husbands in charge of their wives and those wives often at the mercy of their husbands. 94% of rapes in India are committed by someone the victim knows and women are 40 times more likely to be assaulted by their husbands than by strangers[4].
International Center for Research on Women. Media. UNFPA-ICRW Study Deconstructs the Mind of the 'Masculine' Indian Male. ICRW. ICRW, 11 Nov. 2014. Web. 25 Oct. 2016.
- ^ Indian Penal Code, §§ 16-375-375 (1860). Print.
- ^ Indian Penal Code, §§ 16-376-376 (1860). Print.
- ^ Biswas, Soutik. "How India Treats Its Women - BBC News." BBC News. BBC, 29 Dec. 2012. Web. 25 Oct. 2016.
- ^ Sarkar, Monica. "Marital Rape: Why Is It Legal in India?" CNN Asia. CNN, 9 Mar. 2015. Web. 25 Oct. 2016.