AN EXAMINATION OF THE CAUSES OF RAPE IN INDIA

CHAPTER ONE

INTRODUCTION

1.1 Background of the Study

Nearly all of society has come to recognize sexual assault in all of its manifestations, and it has been documented throughout history. It is not an unlawful act against women; rather, it is a crime against society as a whole.  In Indian history, rape is old as mankind and crime against women is not a new concept (Satyam 2019).  conceptually, the term "rape," often referred to as "balatkar," is ominous. One of the most typical illegal actions in India is this. According to Maatri Devo Bhava (2020), rape is so horrifying, embarrassing, traumatizing, and terrible that it completely dismantles the victim's psychology and affects their most inner feelings. Rape is a crime that “involves sexual assault usually involving sexual intercourse which is initiated by one or more persons against another person without that person’s consent” .

Additionally, rape in India is defined under Section 375 of the Indian Penal Code “as intentional, unlawful sexual intercourse with a woman without her consent” . This definition is too narrow and has been sporadically criticized for not incorporating other forms of sexual assaults.  On the other hand, the prevalence rates of rape in intimate partner relationships appeared to be very high. Available data suggested that in some countries nearly one in four women experienced sexual violence by an intimate partner (WHO, 2008). Sideris (2020) argued that women’s definition of rape was informed by socially held beliefs, cultural values, religious practices and historical experiences. Intimate partner rape was frequently reinterpreted by the victim as stemming from overwhelming affection (Jewkes et al., 2016). The fact that women were often emotionally involved with their partners and economically depended on those who victimized them has major implications for the dynamics of abuse and approaches to dealing with it (WHO, 2008). The history of rape laws in India begins with the enactment of the Indian Penal Code(IPC) in 1860 (45 of 1860)[1] covered sections 375 and section 376. According to IPC 1860 does not identify rape properly and it did not count the majority of survivors. The problem is not sex but sexual assault into which the penis turns into a weapon. The rape laws under IPC had gone through several amendments. In 1983 the Section 376(2) that is Custodial Rape, Section 376 (A), that is Marital Rape, and Section 376 (B to D), that is Sexual Intercourse not amounting to rape was added.

Similarly, women who were physically abused by their partners were more likely to be emotionally abused and or vice versa. Sexual violence between partners included forced intercourse and other forms of sexual coercion (Jewkes, Vundule, Maforah & Jordan, 2017). However, the epidemic of male sexual assault had mostly gone unnoticed by society. Gender stereotyping, taboos, misconceptions and reluctance to acknowledge the possibility of male-to-male rape especially outside of institutions, such as prisons, had contributed to the scarcity of investigative findings (Roos & Katz, 2015). Ignorance and disbelief about sexual assault among males had made it impossible for society to acknowledge male sexual violations. There were also a number of myths that perpetuated the ignorance around male rape. These myths stem from the traditional view of masculinity, which dictated that men should be strong, assertive, sexually dominant and heterosexual (Herek, 2016).

Further more, according to Anderson (2016), rape is a direct threat to the society; and it is spreading like a disease. It affects children and women badly as causes damage to their emotional, psychological, cognitive, and physical development. Also, Briere, J. & Jordan, C.E. (2017) asserts that rape can leave a deep scar of the minds of children and can destroy their whole personality. Rape can cause damages not only on children and women but also on the society as a whole. The increase of rape rate in the society has very evident linkages with increased drug abuse.Therefore, a survey will be conducted in order to examine the causes of rape in India.

1.2 Statement of the Problem

According to report by the United Nations, 32 percent of India girls younger than 18 have experienced some form of sexual violence or harassment. That number may even be higher due to the large number of unreported rapes cases, for fear of stigma (WHO, 2014). Rape has gained much attention because of its negative effects on victims. The rape victims may be emotionally damaged and may experience psychological problems (Buddie & Miller, 2017). In addition, the consequences of rape may result in unwanted pregnancies, teenage pregnancy, abortions, suicide cases, single parenthood and sexually transmitted diseases, all of which may be devastating. The victim is left with what appears to be a continuous struggle to adjust back into society again. The rights to the dignity, privacy and integrity of every person are basic to the ethos of the constitution and to any defensible civilization (Lawrence & Van Rensburg, 2016).

Also, most research has focused on perpetrators of rape whom already had been convicted and sentenced for their crimes. Others mainly focused on college males and their likelihood of perpetrating sexual violence; specifically, rape (Gidycz, et al. 2017). In Kenya, a similar research was done on remedy against barbarity of rape in Kitale (Murrey, 2017). A number of studies have focused on only rape myths and others on general perceptions around what causes rape. The problem of rape in India may be due to a lack of female police officers. When a woman is being raped, she is more likely to call a female police officer to report the incident. In New Delhi, historically, there are just 7% female police officers. According to statistics, Delhi's 161 district police stations have just one female station house officer. It is in the light of these that the study seeks to examine the causes of rape in India .

1.3  Objectives of the Study

The main purpose of this study is to  examine the causes of rape in India . Specifically, the study will;

1. Determine the prevalence rapist operation in India

2. Examine the factors associated with the raping of women in India

3.  Investigate the influences of rape on the mental health of victims  in India

1.4 Research Questions

The study will be guided by the following questions

1. What is the prevalence rapist operation in India?

2. What are the factors associated with the raping of women in India?

3.  What are the influence of rape on the mental health of victims  in India?

1.5  Significant of the Study

An examination of the causes of rape in India will be revealed to the government at various levels, women rights activists, NGOs, law enforcement agencies, women, media houses and  students in this study. It will additionally enlighten women and students of the factors that contributes to rape and also NGOs in creation of awareness to both parents and children on issue of sexual offenses and rape, and also encourages community dialogue on Gender Based violence. Furthermore, this research will be useful to media house to disseminate information and educating the large population regarding sexual offense Act of 2006 and severe punishment of committing rape.

Additionally, subsequent researchers will use it as a literature review. This means that other students who may decide to conduct studies in this area will have the opportunity to use this study as available literature that can be subjected to critical review. Invariably, the result of the study contributes immensely to the body of academic knowledge with regard to an examination of the causes of rape in India.

1.6 Scope of the study

The scope of this study is boarded on an examination of the causes of rape in India. Theoretically, this study will determine the prevalence rapist operation in India, examine the factors associated with the raping of women in India and investigate the influence of rape on the mental health of victims  in India.

Geographically, the study will be delimited to people in New Delhi, India.

1.7 Limitation of the study

In the course of carrying out this study, the researcher experienced some constraints, which included time constraints, financial constraints, language barriers, and the attitude of the respondents.

In addition, there was the element of researcher bias. Here, the researcher possessed some biases that may have been reflected in the way the data was collected, the type of people interviewed or sampled, and how the data gathered was interpreted thereafter. The potential for all this to influence the findings and conclusions could not be downplayed.

More so, the findings of this study are limited to the sample population in the study area, hence they may not be suitable for use in comparison to other schools, local governments, states, and other countries in the world.

1.8 Definition of Terms

Rape : unlawful sexual activity.

Rapist: a person who rapes someone.