INTRODUCTION
Rape is a crime that inflicts severe and long-lasting trauma on its survivors, often described as the "beginning of a nightmare." The aftermath can include depression, fear, feelings of guilt, suicidal thoughts, and a diminished interest in sexual activity. As one survivor notes, it creates a fear of "half the human race." Addressing the unfortunate reality of women's status in society, Mr. Justice S. Ahmad remarked that women in India are often placed at a disadvantage due to various social barriers, making them vulnerable to oppression by men. Despite being constitutionally guaranteed equal status, women continue to suffer from systemic injustices. Justice Ahmad emphasized that women have the right to life, liberty, respect, and equal treatment as citizens. Their honor and dignity must be upheld, and they are entitled to live with peace and honor, free from violation.”. Rape is a crime against basic human rights and is also violative of the victim’s most cherished of the fundamental rights, normally, the right to life contained in Article 21.
WHAT IS RAPE?
BNS defines rape as sexual intercourse or any form of penetration of a person’s body, whether or not consent is given, under specific circumstances. These situations include cases where the victim is under 18 years of age or incapable of providing consent. The law also applies to cases where the act is committed by an individual in a position of trust or authority, occurs during an act of violence, or exploits the victim's physical or mental condition. Rape is characterized as when a man performs any of the following actions without the woman’s consent:
GANG RAPE
The Nirbhaya gang rape case in Delhi (2012) deeply impacted the nation's conscience, prompting the UPA government to establish a committee under the leadership of Justice JS Verma. The committee worked diligently and produced a report in a short period, leading to the passing of the Criminal Law (Amendment) Act, 2013. This new law brought about substantial changes to the definition of rape and the associated penalties. However, the updated definition of rape under the Indian Penal Code (IPC) was criticized for not addressing the exclusion of forced sexual intercourse within marriage. In fact, the revised law specifically stated that "sexual intercourse or sexual acts by a man with his wife, provided she is not under the age of fifteen, does not constitute rape."
While the omission of marital rape from the definition was a major point of contention, the introduction of Section 376B provided some redress. This section stipulates that if a man engages in sexual intercourse with his wife, who is living separately after a legal separation, without her consent, he faces imprisonment from two to seven years, along with a fine. Despite this, feminist groups argue that the exclusion of forced sex within marriage remains unacceptable.
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