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Hathras Kand and stories revolving

Introduction

Hathras Rape case, on 14 September 2020, a 19-year-old Dalit girl was allegedly gang-raped by four upper-caste men in Hathras. Mumbai Gang Rape, on August 2013, a 22-year-old photojournalist was gang-raped in Mumbai by five men. Nirbhaya Rape Case, on 16 December 2012, a 23-year-old medical student gang-raped in a bus in New Delhi. In the 2013 Delta Meghwal rape case, on 29 March 2016, a 17-year-old Dalit girl raped in her hostel. Kathua rape case, on 17 January 2018, an 8-year-old girl was brutally raped and murdered the long list continues maybe a girl is being raped while you are reading this article. You may or may not be aware of these notable registered cases but, there are numerous rape cases, rape threats, marital rapes, molestation, and sexual assaults committed against women.


Background

Recently, a Dalit girl raped in Hathras, which is normally, a common incident in a country like India because rapes are anyways in News, as per NCRB (National Crime Report Bureau) report, rape happens every 16 minutes. She took her last breath in Delhi’s Safdarjung Hospital on 29 September 2020. She was cremated in a hustle-bustle by police officials without the prior consent of the family. But this time, the outrage roared because it took a political and castism turn. The girl belonged to Dalit and raped by four upper-caste men. Before dying, she gave a statement identifying men. Nevertheless, this testimony wasn’t enough, authorities believed the forensics report read she was not raped as they did not find a semen sample. The administration sealed the border, media, and opposition leaders, detained; family confined, Section 144 imposed, caste-based tension. The administration shrewdly protecting the yogi sarkar by giving theories like her brother had beaten her to death after her affair with one of the accused.


Legal Analysis

The victim was forcefully cremated late at night. Her family member said, “We want to know whose body was burnt that day. And if it was our sister’s body then why did they burn in this manner?”. It violates the right to life of the victim because the right to life extends from cradle to grave, which included a respectable cremation by their family members. Whereas the UP government clarifying their act said it was to avoid violence in the morning and cited intelligence input of “major law and order problems”.


Supreme Court directs the UP government to inform it about the steps taken for witness protection. As in such cases, the lack of witness protection laws in India makes rape survivors and witnesses vulnerable to presser that undermines prosecution. CBI probe was ordered against the alleged murder and rape. The family was confined for 2 days and was not allowed to move out of the house, after the death of the victim, has been given security.


NCW took suo moto cognizance of the Victim’s photo being used during protests and issued notice against Politicians, actors for disclosing her identity. Section 228A of the Indian Penal Code bares the identity disclosure of victims of certain offenses. The offenses mentions in the aforementioned section are Rape (Section 376), Rape leading to death or making victim go into a permanent vegetative state (Section 376A), Sexual intercourse by a husband with his wife during separation (Section 376B), Intercourse by a person in Authority (Section 376C), Gang Rape (Section 376D).


Laws Related to sexual offences in India


In Indian Penal Code


Section 354A (Sexual Harassment and its punishment), Section 354B (Assault or use of criminal force with intent to disrobe), Section 354C (Voyeurism) Any man who watches or captures the image of women engaging in private act where she expects no one would be watching her Section 354D (Stalking), Section 375 (Rape), Section 376 (Punishment for Rape) Section 376A , Section 376AB(Punishment for rape with a women under 12 years), Section 376B, Section 376C ,Section 376D, Section 376DA (Gang rape on women under 16 years), Section 376DB (Gang rape on women under 12 years), Section 376E (Punishment for offender who has previously been convicted for offences under Section 376).


The criminal Law (Amendment) Act, 2013


After the unforgettable Nirbhaya incident in 2012, the Verma committee constituted to give recommendations upon laws related to sexual offenses. Gave birth to The Criminal Law (Amendment) Act, 2013, also called Nirbhaya Act. It expanded the definition of a sexual offense to include sexual harassment, voyeurism, and stalking.


It Amended Section 376 by substituting, A man is said to commit "rape" if he-—

a. penetrates his penis, to any extent, into the vagina, mouth, urethra or anus of a woman or makes her to do so with him or any other person; or

b. inserts, to any extent, any object or a part of the body, not being the penis, into the vagina, the urethra or anus of a woman or makes her to do so with him or any other person; or

c. manipulates any part of the body of a woman so as to cause penetration into the vagina, urethra, anus or any ~ of body of such woman or makes her to do so with him or any other person; or

d. applies his mouth to the vagina, anus, urethra of a woman or makes her to do so with him or any other person, under the circumstances falling under any of the following seven descriptions:— First.—Against her will. Secondly.—Without her consent.


Hence, by the virtue of the new amended act it can be that semen not found in the sample does not negate rape.


Conclusion


Rape is not only a crime against a person but a crime against society. I do not get the idea behind the outrage over rape cases coming out only when a girl raped! Girls are raped sexually assaulted, everywhere, every time irrespective of their caste, creed, color, age-group. In fact, after the Hatharas case, many more young girls have been raped by devourers of humanity. It may or may not cause any physical injuries it causes mental trauma to the victim.


A renowned Former Justice of Supreme Court posted," Sex is natural urge in men. It is sometimes said, after food next requirement is sex. In a conservative society like India men can only have sex through marriage. But when there is a massive rise in unemployment, they remain unmarried, hence deprived of sex". Speaking against the post, well educated and employed people also rape. An annual report by the NCRB stated there were 337,922 reports of sexual violence against women by husbands. Another data showed that 86% of rapes committed by close family members such as father, brother, uncles, employers, coworkers, and friends. If men are so desperate for sexual pleasure, go to a brothel. Brothels are shutting, due to covid19. Sex workers fear for their future, go ahead and help them out for a living. Why do you have to trample down someone's dignity? Statistical data are not sufficient in India. Where most cases are not even registered. Just for the thirst of so-called 'men' girl has to suffer. It is not about unemployment or the caste system in India, the mentality of men that women are for pleasure, which needs an evolution.


Sex and rape are two different concepts former are with prior consent for the pleasure of both the parties latter is the nasty, unpleasant act done against the will of the parties (mostly girl). Not only there lies sexual assault includes injuries to the body of the victim. The so called men wanting to quench their thirst will not understand her agony.


The tragic incident of the Nirbhaya case took place in 2012 shook the country leading to nationwide outrage. Finally, in 2020, she got justice just after years of her death. Does her sacrifice make any difference? I don't think so. Again the cycle begins outrage, candle march we are in a loop enough have to come out of this deadlock. Ab nahi to kab ?? We call for a change. Change the system, laws mentality, society, social stigma, education.


References

1. https://scroll.in/article/974763/up-situation-more-dangerous-than-coronavirus-protests-erupt-in-delhi-over-hathras-gang-rape

2. https://timesofindia.indiatimes.com/india/hathras-girl-not-raped-says-up-adg/articleshow/78439645.cms

3. https://medium.com/@tewari.avantika/justice-for-manisha-valmiki-194aa85fbb9c

4. https://timesofindia.indiatimes.com/city/lucknow/hathras-case-live-updates-yogi-adityanath-government-files-19-firs/liveblog/78505484.cms?curpg=1

5. https://timesofindia.indiatimes.com/india/hathras-victims-family-speaks-to-media-after-two-days-say-they-seek-justice/articleshow/78461439.cms

6. https://www.hrw.org/news/2017/11/08/india-rape-victims-face-barriers-justice

7. https://www.reuters.com/article/india-women-crime-rape-idINKCN0QQ0QS20150821

8. The criminal Law (Amendment) Act, 2013

9. https://www.opindia.com/2020/09/markandey-katju-hathras-rape-unemployment-sexual-urges-marriage/

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