Rape in India: Combat by Application of Remote Sensing Process, Sex Education & Self Defense
Keywords:
Rape, Shut Shamming, Remote Sensing method, sex education, self-defense, crime, pornography, punishment, legal mechanism, techniquesAbstract
Though in India sex is a taboo, but the increasing rate of rape incidents tell a different story. Though preventive measures have been adopted by the State, still the graph is inclined towards random growth, which depicts the picture of failure of legal mechanism to control such a heinous crime. It is the call of time to have a depth study on the accused psychology and proposing application of modern techniques such as overall surveillance system by remote sensing process, introduction of sex education and self-defense training mandatory in primary and secondary education, ban Cyber Pornography, penal provision should be more stringent by the applying the retributive theory of punishment, and social awareness program should be organize in a regular interval.
References
1. Sec 375 IPC 1860
2. Sec 377 IPC 1860
3. The Protection of Children from Sexual Offences Act, 2012
4. Report of the Committee on Amendments to Criminal Law, 2013, January 23, 2013.
5. Ministry of Home Affairs, National Database on Sexual Offenders, Posted On: 02 JAN 2019 3:11PM by PIB Delhi, available on http://pib.nic.in/PressRelease IframePage.aspx?PRID=1558130, visited on 12thJuly 2019 at 12noon.
6. the National Crime Records Bureau 201 3, available at ncrb.gov.in/StatPublications /CII/CII2016/pdfs/Crime%20Statistics%2 0-%202013.pdf, visited on 12th July 2019 at 12:40pm
7. the National Crime Records Bureau 2016, available at ncrb.gov.in/StatPublications /CII/CII2016/pdfs/Crime%20Statistics%2 0-%202016.pdf, visited on 12th July 2019 at 12:40pm
8. The Eighth United Nations Survey on Crime Trends and the Operations of Criminal Justice Systems (2001 - 2002), available at https://www.unodc.org/unodc /en/data-and-analysis/Eighth-United-Na tions-Survey-on-Crime-Trends-and-the- Operations-of-Criminal-Justice-Systems. html, visited don 29th July 2019 at 2pm.
9. Umesh R Yadav, DH News Service, Bengaluru, FEB 04 2019, 08:48AM IST UPDATED: FEB 04 2019, 17:47PM IST, available at: https://www.deccanherald. com/city/70-year-old-woman-raped-716 544.html, visited on 29thJuly 2019, at 3pm.
10. SUSHMITA PATHAK, Asis, Indian Court Convicts 6 Men in Rape and Murder Of 8 -Year-Old Girl, June 10, 20194:30 PM ET, available at https://www.npr.org/2019/06/10/73132369 6/indian-court-convicts-6-men-in-rape- and-murder-of-8-year-old-girl, visited on 29th July 2019 at 3:22pm
11. P Naveen, Man ca ught having unnatural sex with cow in Madhya Pradesh , Times of India, Updated: Jan 26, 2013, 0:12 IST, Bhopal, available at: http://timesofindia. indiatimes.com/articleshow/18189249.cms ?utm_source=contentofinterest&utm_medi um=text&utm_campaign=cppst, Visi ted on 8/8/2019 at 4:30pm
12. Woman’s body dug out of grave at Fatehpur Sikri, raped, https://timesofindia. indiatimes.com/city/agra/Womans-body- dug-out-of-grave-at-Fatehpur-Sikri-raped /articleshow/50421063.cms, updated on:2 January 2016, visited on 5november 2019 at 12:48 pm.
13. Nita Bhalla, Almost 90 percent of India's rapes committed by people known to victim, updated on AUGUST 21, 2015 / 2:08 PM, available on s.com/article/india - women-crime-rape/almost-90-percent-of- indias-rapes-committed-by-people-known- to-victim-idINKCN0QQ0QS20150821, visited on 9thSeptember 2019 at 3pm.
14. Asean, 29 years' jail for father, 51, who sexually abused daughter since she was 5 and raped her at age 11 Read more at https://www.thestar.com.my/news/regiona l/2019/05/15/29-years-jail-for-father-51- who-sexually-abused-daughter-since-she- was-5-and-raped-her-at-age-11/#Eug2L fmjHoouFAwM.99, Available at https: //www.thestar.com.my/news/regional/201 9/05/15/29-years-jail-for-father-51-who- sexually-abused-daughter-since-she-was- 5-and-raped-her-at-age-11/#Eug2Lfmj HoouFAwM.99, on 29 th July 2019, at 4pm.
15. Suhaila Shahrul Annuar, The Straits Times, Father gets 45 years' jail, 24 strokes for sexually assaulting daughter, Posted on July 22, 2019 @ 8:32pm, available at https: //www.nst.com.my/news/crime-courts/20 19/07/506329/father-gets-45-years-jail-24- strokes-sexually-assaulting-daughter, on 29th July 2019 at 4pm.
16. NDTV, 17-Year-Old Allegedly Raped By Father, His Friend; Found Pregnant, Available at: https://www.ndtv.com/ cities/17-year-old-allegedly-raped-by- NJCL (2020) 17–27 © Law Journals 2020. All Rights Reserved Page 25 father-his-friend-found-pregnant-1966479, posted on December 22, 2018 04:45 IST, visited on 29th July 2019 at 4pm.
17. NDTV, Man Arrested for Allegedly Raping Daughter in Jammu And Kashmir, posted on October 29, 2018 14:42 IST, available at: https://www.ndtv.com/ cities/man-arrested-for-allegedly-raping- daughter-jammu-and-kashmir-1939243, visited on 29th July 2019 at 4:09 pm.
18. NDTV, Father Arrested After He Rapes 6 - Year-Old Daughter, posted on: February 27, 2018 21:06 IST , Available at https://www.ndtv.com/cities/father- arrested-after-he-rapes-6-year-old- daughter-1817876, visited on 29 th July 2019 at 4:14pm
19. NDTV, Man Allegedly Raped, Impregnated Minor Daughter Twic e; Gets Life in Jail, posted on February 24, 2018 17:13 IST, available at https://www.ndtv. com/india-news/man-allegedly-raped- impregnated-minor-daughter-twice-gets- life-in-jail-1816737, visited on 29 th July 2019 at 4:20pm.
20. NDTV, 5 -Year-Old Allegedly Raped by Father, Killed By Grandmother In Nashik, posted on: Updated: May 21, 2017 23:56 IST, avai lable at: https://www.ndtv. com/cities/5-year-old-allegedly-raped-by- father-killed-by-grandmother-in-nashik- 1696482, visited on 29 th July 2019 at 4:23pm.
21. NDTV, Man Accused of Repeatedly Raping, Impregnating Teenage Daughter, Arrested In Vadodara, Posted on April 26, 2017 14:50 IST, available at: https: //www.ndtv.com/india-news/man-arrested- for-repeatedly-raping-daughter-1686144, Visited on: 29th July 2019 on 4:28pm.
22. Slut shaming, https://www.dictionary. com/e/slang/slut-shaming/ , 6 august2019, 16:14 pm
23. http://feministing.com/2013/01/09/indian- political-religious-and-thought-leaders- give-slut-shaming-advic-on-why-women- get-raped/0, 6August2019 , 16:55 pm
24. Tips for Indian politicians who tel l women what to wear, BBC News, https://www. bbc.com/news/world-asia-india-372184 87, Posted on 31 August 2016, Visited on 7 august2019 at11:22 am
25. Man held for alleged rape a nd murder of 4-month-old baby in Indore, https: //www.hindustantimes.com/india-news /man-held-for-alleged-rape-and-murder- of-4-month-old-baby-in-indore/story3K1 DwZjA6K9MZfFVggSQWK.html, Visited on 7august2019 at 14:36 pm
26. 8-Month-Old Allegedly Raped by Cousin in Delhi Shifted to AIIMS, https://www.ndtv .com/delhi-news/8-month-old-allegedly- raped-by-cousin-in-delhi-shifted-to-aiims- 1807340, Visited on 7august2019 at 14:36 pm
27. 10-year-old raped and killed in Chhattisgarh, https://www.indiatimes.com /news/india/6-horrendous-rape-cases-in- 2018-so-far-show-that-minors-are-biggest- victims-of-sexual-assaults-343892.html, Visited on 7august2019 at 16:14 pm
28. 61-year-old Delhi Woman Raped, Beaten Up in Lajpat Nagar; Found Unconscious in Park by Locals, https://www.news18.com/ news/india/61-year-old-delhi-woman-raped- assaulted-in-lajpat-nagar-found unconscious ous-in-park-by-locals-2089667.html, 7 august2019, 16:36 pm
29. 80-years-old-women gang raped in UP, https://indianexpress.com/article/india/indi a-news-india/80-year-old-woman-gang raped-in-up/, 8august 2019, 11:55 am
30. Delhi SHOCKER! 15 -year-old rapes 65 - year-old woman in Neb Sarai, https://www. timesnownews.com/india/article/delhi-rape- neb-sarai-crime-against-women-delhi-crime- news-juvenile/183367, 8 august2019, 12:01 pm
31. India Today, Madhubani (Bihar) July 11, 2019, UPDATED: July 11, 2019 22:19 IST, available at: https://www.indiatoday .in/crime/story/bihar-rape-teenager-rape- elderly-woman-stuffs-cloth-mouth-1567 141-2019-07-11, visited on 29 thJuly 2019 at 3:18pm.
32. In India, Sick Men raped anything at sight- Brutal cases of Bestiality, Pedophilia and Necrophilia, https://www.media4pillar. com/in-india-sick-men-raped-anything-at- sight-brutal-cases-of-bestiality-paedophi lia-and-necrophilia/, updated on: -14 Rape in India: Combat by Application of Remote Sensing Process Chakraborty and Jain NJCL (2020) 17–27 © Law Journals 2020. All Rights Reserved Page 26 april2017,visited on: -5 November 2019 at 1:01 pm.
33. Jisha murde r case: Prosecution seeks death, https://timesofindia.indiatimes.com /city/kochi/jisha-murder-case-prosecution- seeks-death-for-ameerul/articleshow/620 63115.cms, updated on: - 14december2017, visited on 5november2019 at 1:06pm.
34. Madhya Pradesh: Cow escapes from farmer's shed, gets 'raped', https: //timesofindia.indiatimes.com/city/bhopal/ Madhya-Pradesh-Cow-escapes-from- farmers-shed-gets-raped-by-drunk- man/articleshow/51574465.cms, updated on: -27march2016, visited on 5 November2019 at 1:13pm.
35. Man caught having unnatural sex with cow, https://timesofindia.indiatimes.com /city/Bhopal/Man-caught-having-unnatu ral-sex-with-cow-in-Madhya-Pradesh/arti cleshow/18189249.cms, updated on: - 26january2013, visited on 5november2019 at 1:17 pm
36. Abu Azmi does it again, says women should be properly dressed, available at https://www.deccanherald.com/content/58 9756/abu-azmi-does-again-says.html, updated on: JAN 04 2017, 01:21AM, visited on 9 October 2019 at 3:54 PM.
37. Rapes happen because men and women interact freely: Mamata, available at https://www.firstpost.com/india/rapes- happen-because-men-and-women-interact- freely-mamata-491571.html, updated on: - Oct 15, 2012 19:46:57 IST, Visited on 9 october2019 at 3:58 PM.
38. Women shouldn’t have mobile phones, politicians should: politician, availabl e at http://blogs.reuters.com/india/2012/10/24/ women-shouldnt-have-mobile-phones- politicians-should-politician/, updated on: - October 23, 2012, visited on :9 October 2019 at 4:02 PM.
39. J. David Creswell, Laura E. Pacilio, Thomas F. Denson and Maureen Satyshur, ‘The effect of a Primary Sexual Reward manipulation on Cortisol Responses to Psychosocial stress in Men’, Psychosomatic medicine, 75(4), April 2013.
40. Paul J. Wright, Robert S. Tokunaga, and Ashley Kraus, “A Meta -Analysis of Pornography Consumption and Actual Acts of Sexual Aggression in General Population Studies,” Journal of Communication 66, no. 1 (February 2016): 183–205.
41. Silvia Bo nino, Silvia Ciairano, Emanuela Rabagliette, and Elena Cattelino, “Use of Pornography and Self-Reported Engagement in Sexual Violence among Adolescents,” European Journal of Developmental Psychology 3, no. 3 (2006):265-288
42. Sec 376(1) Indian penal Code 1860.
43. Sec 376(2) (a,b,c & m) Indian penal Code 1860.
44. Sec 376(2) (d,e,f,j, & m) Indian penal Code 1860.
45. Sec 376 (2) (g,h,I,k,l & m) of Indian Penal Code, 1860
46. Sec 376 (3) of Indian penal Code, 1860
47. Sec 376 A of Indian Penal Code 1860.
48. Sec 376 D of Indian Penal Code, 1860
49. Sec 8 of POCSO act 2012
50. Sec 10 of POCSO act 2012
51. Sec 12 of POCSO act 2012
52. Md. Sagabuddin Mondal, Legalization of prostitution in India: need of the hour, available at http://www.legalservicesindia .com/article/2460/Legalization-of-Prostitu tion-in-India: -Need-of-the-hour.html, visi ted on 21sep’ 2019 at 4pm.
53. Abhishek Mohanty, Edited by Hariharan Kumar, Retributive Theory of Punishment: A Critical Analysis, posted On January 15, 2015, At Academike Articles on legal Is sues, available on https://www.lawctopus.com/academike/ret ributive-theory-of-punishment-a-critical- analysis/, visited on 21 stSeptember 2019, @ 3:pm
54. NIRBAYA CASE, 2012 Ganf rape case.
55. Diana Scully & Joseph Marolla,‘ Riding the Bull at Gilley’s: Convicted Rapists Describe the Rewards of Rape.’, Abstract, Social Problems, Volume 32, Issue 3, 1 February 1985, Pages 251 –263, Published on 1 st Aug’ 2014, available at: https://academic.oup.com/socpro/article- abstract/32/3/251/1642145?redirectedFro m=PDF, visited o 9th sep 2019 at 11am. NJCL (2020) 17–27 © Law Journals 2020. All Rights Reserved Page 27
56. Mapping, Remote Sensing, and Geospatial Data, USGS, avail able on https://www. usgs.gov/faqs/what-remote-sensing-and- what-it-used?qt-news_science_products =3#qt-news_science_products, visited on 9th Sep 2019 at 2:42pm
57. Suresh Bada Math, Biju Viswanath, Ami Sebastian Maroky, Naveen C. Kumar, Anish v. Cherian & Maria Christine Nirmala; ‘Sexual Crime in India’, Is it influenced by pornography? Indian j Psychol med. 2014 Apr- June 36 (2): 147-152.
58. Standford rape case, reported by - ray Sanchez, CNN, Standford rape case; Inside the court Documents, Updated 2100 GMT (0500 HKT) June 11, 2016; available at http://edition.cnn.com/2016/06/10/is/stanfor d_rape_case_court_documents/index.html visited on 9th September 2019 at 2pm
59. Fight the new Drug, 3 Reasons why watching Porn is harmful (and Research is Proving it), Nov 3, 2015; available at – http://medium.com/@FightTheNewDrug/3 -reasons-why-watching-porn-is-harmful- and-research-is-proving-it-bc572b1boabf; 14march 2019, 11:59am Cite this Article Debashree Chakraborty, Sakshi Jain. Rape in India: Combat by Application of Remote Sensing Process, Sex Education & Self Defense. National Journal of Criminal Law. 2020; 3(1): 17–27p.