Legislative and Judicial Approach towards Law of Rape

About the Author

Mr. Sharathraj P.A.
Research Scholar, Department of Studies in Law,
University of Mysore, Mysore
sharathrajlaw@gmail.com

Introduction:

The offences against women, young girls some of whom are even tender aged girls are on rampant increase in this country where women are worshipped as Goddess of wealth, learning, purity or purifier, strength or power or destroyer of all evils, as mother, as creator and so on. The best part of the creation belongs to woman, because the nature itself is female.  There is basic need to improve human conduct and behavior so as to make the female folks refuse to feel secure and less inferior. Any holes in the security umbrella have to be plugged. There has to be a feeling that enforcement of law is not an ‘idle thinking’ and that the protective guards are not merely on the books.

Women have been the recipients of violence since time immemorial. Being the weaker of the human species, they have been the target of aggression  ofmen. Even the periods of social transformation have not been easy for them, wherein all forms of atrocities, whether rape, molestation, slavery or trafficking have been perpetrated upon them.

The word ‘rape’ has been derived from the term ‘rapio’, which means ‘to seize’. Rape is, therefore, forcible seizure or the ravishment of a woman without her consent, by force, feat, fear or fraud. Rape can be viewed as an act of violence of the private person of a woman, an outrage by all means. It is the ultimate violation of the self.[i] The Supreme Court of India has aptly described it as ‘deathless shame and the gravest crime against human dignity’. [ii]Sexual violence, apart from being a dehumanizing act, is also an unlawful intrusion of the sanctity of a female. Rape is not merely a physical assault, but is destructive of the whole personality of the victim. It shatters the entire social fabric, destroys the poise of the milieu and ruins the harmony of the atmosphere.

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July 19, 2016

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