Rape against women and victim’s legal rights

Published On: 23rd February, 2024

Authored By: Nishtha Nirula
SVKM’s NMIMS Kirit P Mehta School of Law

Introduction:

You can tell the condition of a nation by looking at the status of its women.

Women are an integral part of our society, possessing all the skills and qualities required to contribute to society. Having all the abilities to bring a change yet they are often the victims of male aggression and stereotypes that are pervasive in this world. One such ramification of male aggression on women is the heinous crime of ‘rape’, it is defined as the forcible seizure of one’s dignity and honour through non-consensual sexual intercourse. Rape traumatizes the victim both physically and mentally, inflicting severe scars of societal trauma, stereotypes, victim-blaming, and character assassination. Victim blaming is one of the major areas of concern, it arises from myths about rape deeply ingrained in our thoughts leading to stereotypes thus validating most myths about rape. Rape myths have dire consequences such as a low rate of reporting cases, not raising a voice against marital rape, repetitive sexual abuse by family members and relatives, honour killing, and sexual abuse at the workplace. When we take a peek into the history we see that rape wasn’t seen as a crime due to the patriarchal society that saw women as property to men thus giving them no rights, it was a phase of history where there could only be a crime against the property of men, therefore, reserving rights only for the man to whom the offender would be accountable. The Supreme court of India ruled Section 497 unconstitutional in Joseph Shine vs Union of India,2017 stating it violated a woman’s dignity, autonomy, and privacy[1] whereas when we observe the society closely we see it stuck with the same old notion of women being treated as property to men. Unfortunately, rape is one way to show male dominance and autonomy over women with the persisting patriarchy where women aren’t considered equal to men.

The issue of sexual violence against women has been examined by giving less importance to misogyny, other evils of sexism like “benevolent” sexism are shunned when legal analysis comes into the picture perpetuating rape culture which normalizes this violence[2]. Sexism plays a very significant role in the concept of rape culture per se, a sex worker is assumed to be ‘asking for it and she has no right to dignity and autonomy only because she is in a profession that relates to sex which leads to the society ending up treating her as object.

The normalization of rape culture has been the root cause of issues like marital rape thawhichys if a husband indulges in sexual intercourse without his wife’s consent it will not be considered rape, now there are two facets to it first it shows that women have no right to her body and dignity, secondly, it gives the husband a license to rape his wife under the so-called ‘pious bond of marriage’. The worst part tofall is the validation of toxic masculinity done by society that neglects a woman’s right to her life, body, dignity, and autonomy.

The level of education and socioeconomic status is directly related to perceptions of rape, meaning the higher level of education is more likely respondents are on the verge of getting raped3, this is an infamous notion that indirectly tries to contradict the idea of feminism, we know as society evolved there was awareness among women by other feminists who taught women to call out the evils of ‘rape’ and stand up for their rights. But the societal perception of feminism and rape still adheres to the age-old notion of women are more likely to get raped if they have a higher level of education shunning away the root cause of rape being male aggression that is backed by society through the validation of rape myths.

Victims of rape often do not report their case due to various reasons one of which is a lack of awareness about the legal rights that are bestowed upon them. Usually, most victims fear to report their case due to lack of legal aid thinking it would be difficult for them to fight for justice in our Indian Judicial system. However, one must not forget justice is indispensable and it is the right of every victim to access justice.

In this research paper, the author has tried to explain the problem of ‘why rape happens to women’ taking into account how rape culture and myths of rape are solely responsible for rape despite our society heading towards modernization with the introduction of the concept of ‘Feminism’. Also, the author has the objectives of addressing the myths of rape, explaining how rape myths are not responsible for the conduct of ‘rape’ and how rape culture is giving rise to the brutal treatment of women and rape victims. In the end, the author has explained succinctly the legal rights of rape victims. This article the author would analyze the heinous crime of rape against women also taking into account the legal rights available to them and bestowed upon them by the constitution of India.

i) STATEMENT OF PROBLEM

Women have been subject to objectification and disrespect for ages, rape is one of the consequences but that does not mean a man has the right to violate her bodily autonomy and honour. So, are there any other causes apart from these that contribute to rape?

The author in this research paper tried to focus on the causes of rape answering why rape happens against a women’s body leaving traces of physical and mental agony.

ii)   REVIEW OF LITERATURE

The author has referred to the following literature for this article:

Title: Rape Culture: It’s all around us

Author(s): Alyn Pearson

Volume: Vol. 30, No. 8 (August/September 2000), pp. 12-14 Published by off our backs, inc.

Stable URL: https://www.jstor.org/stable/20836675

This article talks about rape culture being accepted and practised by society at large, explaining how it is just as common in our society as the common cold is. This article has helped the author to deal with the commonality of rape culture in our society and analyse why rape culture is one of the causes behind rape on women and how it has been thriving with the rejection of the theory rape is not about oppressive violence.

Title: Standard of Consent in Rape Law in India: Towards an Affirmative Standard

Author: Anupriya Dhonchak Volume: 34, 2019, p. 29-70

Published by Berkeley Journal of Gender, Law & Justice

This journal has helped the author to know and understand the myths of rape and how it affects the victim who is at no fault but is blamed for getting raped. It has also made the author understand how judicial trials may be affected due to myths of rape that might not deliver justice.

Title: While men won’t stop raping women can stop rape

Author(s): Lorette C. Thiessen

Volume: Vol. 26, No. 2 (February 1996), pp. 15-17 Published by: off our backs, inc.

Stable URL: https://www.jstor.org/stable/20835392

This piece of article has helped the author frame the research problem and understand why rape happens against women and how men blame women for rape thinking they are always ready to serve the men and satisfy their aggression and when complained about men simply feel the rape myths are responsible since society has been validating rape culture.

Title: Judicial Narrative and Rape Myths: The Farooqui Case

Author: Arun Sagar

Volume: vol. 15, no. 1, 2019, p. 44-65 Published by Socio-Legal Review

This piece of literature has helped the author know the myths of rape through the Farooqui Rape Case, it has helped the author know the importance of consent while there is a trial for rape case is going on. Also, the author was introduced to the concept of acquaintance rape which is immaterial to any women’s dignity and honour because society has the notion that only ‘strangers’ can rape women.

Title: Explained The laws on rape and sexual crimes

Author: Soibam Rocky Singh Published by The Hindu

Website:https://www.thehindu.com/news/national/what-are-the-laws-on-rape-and-sexual- crimes/article30233033.ece

This article has information regarding the legal rights of rape victims in India, the has also taken into account the Delhi Rape Case of 2012 which marked a significant impact on both society and the judicial system to make justice accessible to the victims of rape.

iii)     RESEARCH OBJECTIVES

  • To throw light on the pervasive rape
  • To analyse the myths of
  • To shed light upon the legal rights available to victims of

iv) HYPOTHESIS

This research paper is designed to assess the hypothesis that the absence of consent by women during sexual intercourse leads to rape.

SOURCES OF DATA

All data used by the author in this research paper is secondary. The data include journals, articles, periodicals, blogs, websites, and landmark judgments to facilitate the research done by the author.

1) ANALYSIS OF SPECIFIC OBJECTIVES

Rape Culture – the scales on society’s eyes

Rape is not a pestilence that spiked strangely during the seventies at the point when women’s activists pointed out it. It is not an unexpected episode that can be restored with a solitary immunization. It is an endemic social illness that infests each walk of life possible. Is this the rape culture? millions of little appearing social microbes convert into rape as they arrive at the bedroom[3]. Assault is the normal cold of society. Even though rape is significantly more genuine than the normal cool, the frameworks are something very similar. We have assimilated rape into our ordinary culture much as we have a cold. Like the legends encompassing the common cold, there are legends about rape, like the idea that if a lady wears uncovering clothing or goes to a bar alone, she is probably going to “get raped.” But truth be told a lady is not any more liable to be assaulted from these exercises than from simply seeing a man or being home alone[4]. The author believes that certain factors contribute to rape culture in our society, such as:

Lack of sex education

the absence of reasonable far-reaching sex education programs in schools. India is a nation of customs and societies, and frequently these practices are blamed for not having thorough sexuality instruction programs in schools. Our kids are not instructed about sex as well as the results of having intercourse mindfully or recklessly. The absence of sex training is surely a worry; nonetheless, it is intensified by the way that the youngsters in our nation have simple admittance to the web nowadays. There is a ton of data on the web which kids are presented to with practically no sort of management. At the point when guardians or instructors will not answer sex-related inquiries, inquisitive kids select undeniably less solid assets to fulfil their interest like erotic entertainment, which is accessible unreservedly on the web. Finding out with regards to sex through erotic entertainment prompts kids to have incorrectly insight about sex, overall. They see it as a movement that should be possible for the sake of entertainment without understanding the ramifications of having flippant sex which could cause them some genuine physical or enthusiastic wounds, covering simply the biological part of sex isn’t sufficient. Kids should be instructed about the ideas of assent and sexual needs. They should know their bodies and everything, passionate or physical, identified with sex. The absence of comprehensive schooling on the same is one of the essential causes behind rape in India[5].

Impact of history on ‘rape culture

Ancient India: Women were a part of an egalitarian society in this era, however, being a patriarchal framework, the women were relied upon to bear children since the child played out the last rituals and proceeded with the ancestry. Remarriage of widows was allowed under specific conditions[6]. As in all man-centric social orders during that age, the birth of a girl was unwanted. The child lived with his folks, brought in cash for the family, shielded the family from adversaries, and propagated the name of the family. The Ramayana alongside the Mahabharata and the Puranas establish epic writing in India. The situation of women. step by step weakened in the general public as well as in the family. The discontinuance of Upanayana, the disregard of instruction, and bringing down of the marriage age had an unfortunate result upon the position and status of women[7]. Therefore, we see there was a decline in the status of women in this era mainly deteriorating to a level that denied them their autonomy, ending up treating them as property to men.

Medieval India: Like the previous period, women were for the most part viewed as intellectually sub-par. Their obligation was to submit to their better half indiscriminately. Women kept on being denied the option to study the Vedas. Moreover, the eligible age for young ladies was brought down, along these lines obliterating their chances for advanced education[8]. Remarriage was permitted under specific conditions when the spouse had abandoned or passed on or took on the existence of a loner, or was barren or had turned into an outsider. As in general, women. were doubted[9].

Modern India: English set up their standard in India, Modernization started in the nineteenth century in India. At the coming of the British principle, the situation of ladies in India was at its least ebb. Sati was pervasive. Purdah was authorized on Muslim ladies. Moving young ladies had rewarding callings. Practically all the Hindu sanctuaries straightforwardly held onto devadasis. The British standard, presumably, attempted to check every one of these evils[10].

Widow Remarriage was perceived by law in 1856. Widow’s remarriage limitation was among high standing and elegant families. Widow Remarriage was a high standing issue, as it was generally by and by among many low station gatherings. In such standard relationships, women-only sometimes practised any dynamic power. The men of the family took such choices regularly against the desire of the women. The new demonstration by and by limited the event of widow marriage because of an inborn restriction of the demonstration which denied widows any right to upkeep or legacy from her better half’s property and the youngsters were to be given over to the family members of her expired spouse[11]. Women could still not have rights in their choices and lives, men deciding for the widows depicted women treated as a burden to their families.

Effect of Mass Media and Bollywood Movies on rape culture

 Media plays a very important role in shaping movements and policies in a community, with the introduction of media we expect media to be unbiased to show us the reality of the issues of our society. It can be the voice of millions of people and depict the issues to a larger extent.

Mass Media can influence the mindset of people resulting in opinions solely taken by them keeping the influence of mass media into consideration. Furthermore, with sensitive cases such as rapes against women media owes a sense of accountability to women in society because this move by the media can have a deep impact on how such cases are dealt with by society, development of a community that view sex as an untouchable came about sexual savagery against women. Then again, victims of rape feel apprehensive about discussing their horrible experiences, so it is difficult to research the rape cases. Besides, assuming rape case was uncovered in the media, the victim will experience much more. Under these conditions, the reporting of rape cases by the media through news announcing has most certainly caused gigantic mental effects for the victim, so the victim loses the compassion of people in general. These conditions brought about the end of many instances of sexual savagery experienced by women. Regularly in instances of assault, the person in question and her family conceal what they have encountered[12]. Such acts lead to stereotyping of rape victims and victimisation of the same, this promotes rape culture backed by the society that ends up with the view that women who were raped must be at fault.

Horrendous Bollywood film, which without fail has disgorged one misogynist film after the other, compromising customary ladies’ lives in the city? The standard recipe is straightforward, a sparsely dressed lady hits the dance floor with an Indian entertainer or a lot of men on the roads in Switzerland or on a slope in some remote piece of a European country to a melody that mimics a pseudo-sensible climate of imagination. These sexist melodies are alluded to as thing tunes. It is tiring to see individuals from the Indian diaspora living abroad shooting these melodies at every supposed Bollywood party without giving it an idea on the off chance that it in any capacity mirrors the ethos of genuine Indian culture. What has the Diwali celebration have to do with moving half-stripped before youngsters, who assimilate these melodies, which have now turned into a vital piece of the Indian film, and very nearly an equivalent word for the Bollywood entertainment world, are progressively shot in five-star lodgings and distant from the everyday person’s realisations of the grown-ups on a stage? What is so imaginative with regards to these movies other than their huge commitment to a messy and unreasonable way to deal with women? what do we anticipate from individuals who watch these blockbusters where sexism, sexism and typification of ladies are advanced as a satisfactory standard? A boy meets a young lady and soon he is shown leaving on his main goal of getting the young lady by any means necessary strategies, intruding all OK standards of conventionality.

How does this non-sensible thing tune culture fit with how relationships are frequently organized in India, and with the everyday existence of the average person and woman?[13]

Bollywood sexist movies have regularized rape culture so much so that men do not understand the meaning of the word ‘NO’ uttered by women which shows women can always be used and thrown away just as a piece of garment, her objectification and recognizing no human rights for her is now promoted and practiced in Indian society deeply ingrained in the thoughts of Indian men, an example of such is An Indian security guard accused of stalking has avoided a conviction in an Australian court after blaming his actions on a passion for Bollywood movies, reports ABC. Magistrate Michael Hill said he was taking into account the cultural background of 32-year-old Sandesh Baliga in adjourning the complaint against him for five years on the condition of good behaviour. Baliga was charged with stalking two women in 2012 and 2013, but his attorney, Greg Barns, prevailed in his argument that it was “quite normal behaviour” for Indian men to pursue women compulsively without showing overt signs of reciprocation. The defence team contended that male protagonists in vibrant, romantic Bollywood films are frequently depicted assiduously chasing their female counterparts until they eventually consent to a romantic connection.[14]

MYTHS OF RAPE

In a country like India where we believe justice be imparted to every person denied or deceased of their rights, we also come across trials that are completely unfair to the victim due to the mindset society had imbibed with the age-old stereotypes and unfair practices as, The legal voice in certain pieces of the High Court’s judgment and the aggregate of the High Court’s oral perceptions work in the digressive register of ordinary protection contentions in assault preliminaries, where organization, delight, and sanity are logically and syntactically adjusted to create the picture of a confounded what’s the more untrustworthy informer who wants sexual delight however denies it later. The rape myths evoked are generally known: the possibility that most rapes happen between outsiders; that most assaults include a vicious battle where the lady is overwhelmed; that women covertly appreciate rape; that the male sexual inclination is wild; that main those ladies get assaulted who ‘welcome’ it through their dress, direct and so on; that assent can’t be removed or qualified; that most rape charges are bogus. These legends show themselves in the social creative mind of ‘genuine’ rape: a real rape is one dedicated by an outsider, who utilizes actual power or dangers, generally including a weapon, and where the woman genuinely opposes her attacker however much she can before submitting in request to save her life. Rapes that don’t fit this portrayal are in some sense, not ‘real’ rape[15]. The picture of a “good victim” of rape is made and afterward turns into the sole standard of underestimation. The Nirbhaya case is a decent instance of naming the lady as a “good victim”. For instance, an article composed on her notices that every one of the excursions she took with her male accomplice was to sacred spots like Vaishno Devi, Haridwar, and so on, and in any event, when they remained together, everything they did was clasp hands. Thusly, to get authenticity from the state, ladies need to depict themselves as good victims. All things considered, the wrongdoing of rape is encircled by a quietness that is similarly stunning for both; ladies who were “truly” raped and for the individuals who got raped because they were “asking for it”[16]. Some of the rape myths are discussed below.

I.A ‘No’ means a ‘Yes’

The assertion a weak ‘no’ may mean a ‘yes’ is only a somewhat qualified form of a stock assault excuse/legitimization. The thought that ‘no means yes’ reflects both the generalization of the shy lady enticed by the man, and the rape myth that the rape winds up partaking in the act (we will see this fantasy return somewhere else in the judgment). Further, the fundamental man-centric origination of sexual connections is clear: the case that, no means yes’ discredits the actual chance of non-assent; female sexuality is naturally available to the man. The line between sex and rape starts to obscure in the legal mind; a stronger and more clear obstruction/refusal would have transformed not set in stone to be sex into assault; a weak no means sex; a more grounded, confident no means assault. Yet, strength and emphatics are socially dared to be manly qualities; strangely, then, at that point, for the law to perceive the lady’s mischief, she wants to act more like a man. If she acts like a woman should act weakly

– then, at that point, she has not been hurt by any stretch of the imagination, since what has occurred isn’t assault yet sex; the no is not a no. At last, the recommendation that ‘she said no yet implied yes’ additionally inspires the fantasy of the manufactured assault charge: assuming she implied indeed, she did for sure ‘assent’, in which case the assault allegation is false or is something like an example of post facto silly conduct. As is normal for this kind of assault legend, the Court seems to depend on normal information on these “occasions of woman conduct”; no source or authority is alluded to. Legal talk accordingly consolidates flawlessly with the legendary talk of assault.

The woman’s lack of communication is thus established as the reason for the sexual assault. Her construction as an active agent prior to this moment allowed for the classic victim-blaming: she was actively entering the house, chatting, drinking, and mixing drinks; her apparent inaction (i.e., lack of communication) appears to be either irrational or downright unbelievable. (The positive action of saying ‘no’ and pushing the accused away has already been reduced to insignificance).

II. Physical Attractiveness

An actual appeal is a trait that keeps on altering the impression of rape victims. Traditionally appealing victims are seen all the better, even however they are likewise viewed as more alluring. From a reductionist perspective, this returns us to the old water-driven model of assault and reduces assault to sex wrongdoing that is conceived out of the male basic desire and female provocativeness rather than a man-centric male longing to communicate qualification, predominance, and command over the female body. Assessments victims dependent on appearance are educated by assault culture, including the waiting impact of the water driven hypothesis, which saturates the preliminary and condemning cycles. That is the thing that makes assault remarkable wrongdoing: the casualty, more than the culprit, is put in the dock and judged harshly. The guard lawyer, helped by definitions contained in assault law, limits her declaration by painting ladies’ sexual reactions as innately vague.

Aside from that, safeguard lawyers, courts, and society utilize both pre-assault and post-assault practices as rich grounds to dishonour the victim. Concerning pre-rape conduct, a mindful victim who attempts to release the unreasonable obligation of forestalling rape is seen more emphatically than the individuals who were “imprudent”. A woman’s beauty is not an invitation to rape her but rape is male lust and aggression that tries to control women.

III. If the victim doesn’t fight back during rape it isn’t considered rape

A “freeze” reaction is an ordinary reaction to injury, delivering a victim unfit to genuinely retaliate. Besides, guilty parties are not searching for a battle and they utilize many types of compulsion, dangers and control to submit sexual savagery. Numerous victims don’t retaliate because they are apprehensive or feel constrained to participate. Liquor and different medications are frequently used to cripple victims[17]. Just because someone didn’t retaliate doesn’t mean they were not raped.

LEGAL RIGHTS AVAILABLE TO THE VICTIM

Section 375 of the Indian Penal Code characterizes assault as “sex with a lady without wanting to, without her assent, by compulsion, distortion, or misrepresentation or when she has been inebriated or tricked, or is of shaky emotional wellness and regardless, assuming she is under 18 years old.”[18]

Rape victims are generally the objective of societal compassion or unresponsiveness which constrains them to continue to remember they are horrible encounters and makes it hard for them to feel ordinary. To give ladies more control over their sexuality, the one who overlooks the lady’s definitive “no”, disregards the tears tumbling down her face overlooks her solicitations to stop, howsoever submissive, should be rebuffed, given that the law sets down in clear terms the outcomes[19]. However, the rule of law also reserves rights for the victim.

  • Area 375 of the IPC made culpable the demonstration of sex by a man with a lady on the off chance that it was done without wanting to or without her The meaning of assault additionally included sex when her assent has been acquired by placing her or any individual in whom she is intrigued, in dread of death or of hurt. Additionally, sex with or without her assent, when she is under 18 years is viewed as assault. Be that as it may, under the exemption, sex or sexual demonstrations by a man with his better half, the spouse not being under 15 years old, isn’t assault[20].
  • Area 376 accommodated seven years of prison term to life detainment to whoever submits the offence of assault[21].
  • Section 228A of the Indian Penal Code(IPC) pronounces a ban on revealing the name of the rape victim, I do happen by publicising in the FIR the person found guilty can be punished with two years of imprisonment[22].
  • Section 164A Of CrPc says a victim of rape should be medically examined within 24hrs of the recipient of information of rape however, it is up to the discretion of the victim whether she wants to go for the medical examination[23].
  • the Criminal Law (Second Amendment) Act of 1983. Another Section 114A in the Indian Evidence Act of 1872 was embedded which assumed that there is the nonappearance of assent in specific indictments of assault in case the casualty says as This applied to custodial assault cases[24].
  • The Supreme Court in Nipun Saxena vs. Association of India, considered it fitting for National Legal Services Authority (NALSA) to set up a Committee to get ready Model Rules for Victim Compensation for sexual From there on, the Committee concluded the Compensation Scheme for Women Victims/Survivors of Sexual Assault/different Crimes — 2018. According to the plan, a survivor of assault would get a base remuneration of Rs 5 lakhs and up to Rs 10 lakhs. Essentially, in the event of assault and unnatural rape, the casualty would get at least Rs 4 lakhs and a limit of Rs 7 lakhs. The survivors of corrosive assaults, in the event of distortion of the face, would get a base pay of Rs 7 lakhs, while as far as possible would be Rs 8 lakhs. The court then, at that point, acknowledged the said plan to be material across India, which stays the rule that everyone must follow[25].
  • After the heinous ‘Nirbhaya’ Delhi Rape Case where ‘Nirbhaya’ boarded a public transport at around 20:30 neighborhood time on 16 December 2012 with a male They were getting back after watching a film at an upscale shopping center. The six men, who were at that point ready, assaulted the couple, alternating to assault the lady, before severely attacking her with an iron bar. Her companion was beaten. They were then tossed out onto the side of the road to bite the dust. A few passers-by thought that they are stripped and bloodied and called the police. After fourteen days – after far-reaching fights that requested India deal with its treatment of ladies – the victim kicked the bucket in a medical clinic in Singapore, where she was taken for additional therapy after her condition decayed in a Delhi clinic here[26], The Criminal Law (Amendment) Act in 2013 which enlarged the meaning of assault and made the discipline more severe. Parliament made the changes on the suggestion of the Justice J.S. Verma Committee, which was comprised to re-look the criminal laws in the nation and suggest changes. The 2013 Act, which happened on April 2, 2013, expanded prison terms in most rape cases and accommodated capital punishment in assault cases that cause the demise of the person in question or leave her in a vegetative state. It likewise made new offences, for example, utilization of criminal power on a lady to strip down, voyeurism and following. The discipline for assault was expanded to 20 years to life detainment from the prior 10 years to life detainment. Prior, there was no particular arrangement in law for offences like utilization of unwanted actual contact, words or motions, request or solicitation for sexual blessings, showing erotic entertainment against the desire of a lady or offering sexual comments. However, the 2013 Act unmistakably characterized these offences and apportioned discipline. Also, the following was made culpable with as long as three years in prison. The offence of acid attack was expanded to 10 years of detainment[27]. The laws are available to serve justice to the victims of rape had there been equal contribution to access justice from the victims whose right to dignity has been infringed, but this can only be possible if society treats them with enough sympathy and compassion.

Findings

  • Thus, this research paper the states that rape is immaterial to any myths existing in our For rape to happen there should be the absence of consent by the woman.
  • Such myths have led society to neglect a heinous act of rape hidden under the bond of marriage where a woman is continuously raped by her husband. The validation of these rape myths has led to the Indian Government not criminalising marital
  • It can only be solved when fish scales fall off from the eyes, which would lead to society recognizing a woman’s bodily autonomy.

Conclusion

The arraignment in post-rape cases should give the victim an amicable translation of basic components of rape for example to the significance of assent also, the power which has generally been built for denounced.

Changing cultural and lawful demeanour towards ladies is a steady cycle and even though perceiving post infiltration assault legitimately will help in disseminating misogynist impressions of ladies and sex generalizations, it has its restrictions of working. It gives lawful approval to the way that sexual privileges of ladies are to be regarded and maintained and that constrained sex with a lady is certainly not a right if she in truth assents at first however an advantage. As such introductory agree to sex is not a permit to assault a lady. This comprehension of the privileges of ladies is a course of thoughtfulness that people need to see while outlining the constraints of their conduct[28].

Rape myths and rape culture are solely based on victim-blaming and taking into consideration the societal mindset the plight of the victim can be observed where even if the victim tries to fight back for their deceased rights they refrain from doing only because of validation of rape myths are so much so in the society that victim is even given a chance to prove or fight back for themselves.

Deconstructing and crushing assault fantasies will end up being profoundly successful because they give authenticity to particular sorts of conduct adverse to all kinds of people. Accordingly, more peculiar assault turns into the standard and anything shy of satisfying its conditions becomes unrecognizable as rape. Perceiving post-infiltration assault represents a genuine test to an extremely focal rape fantasy that “rape is executed by obscure people”[29].

REFERENCES

JOURNALS

  • Courtney Fraser, “Ladies First” to “Asking for It”: Benevolent Sexism in the Maintenance of Rape Culture 103 (1) California Law Review, Inc 141(2015)
  • Karuna Maharaj, Evaluating issues regarding post penetrative rape from a women’s perspective 97 Nalsar Student Law Review 97, (2017)
  • Arun Sagar, Judicial Narrative and Rape Myths: The Farooqui Case 15 Socio-Legal Review 44 (2019)
  • Ali Imron, Media Construction of Gender: Framing Analysis of Rape Cases in the Mass Media State University of Surabaya 73(2013)
  • Alyn Pearson, Rape Culture: It’s all around us 30 (8), Off Our Backs 12, 12 (2000)

NEWSPAPER ARTICLES

  • Soibam Rocky Singh, Explained: The laws on rape and sexual crimes, The Hindu (Dec.16, 2021), https://thehindu.com/news/national/what-are-the-laws-on-rape-and- sexual-crimes/article30233033.ece
  • Manoj Mitta, Legal rights of a rape victim, Times of India (Dec.16, 2021), https://timesofindia.indiatimes.com/city/delhi/legal-rights-of-a- rape-victim/articleshow/17700134.cms
  • –, What is the Nirbhaya case?, Times of India (Dec. 16, 2021), https://timesofindia.indiatimes.com/india/what-is-nirbhaya- case/articleshow/72868430.cms
  • Glory Singh, Rape culture in India, Times Of India (Dec. 16, 2021), https://timesofindia.indiatimes.com/readersblog/thethinker/rape-culture- in-india-9983/
  • Mrutyuanjai Mishra, Is India’s rape culture related to the filthy misogynist songs of Bollywood?, Times of India (Dec. 16, 20121), https://timesofindia.indiatimes.com/blogs/mind-the-gap/is-indias-rape- culture-related-to-the-filthy-misogynist-songs-of-bollywood/
  • Ben Child, Security guard avoids jail by blaming Bollywood for stalking habit, The Guardian (Dec. 16, 2021), https://theguardian.com/film/2015/jan/29/security-guard-avoids- jail-by-blaming-Bollywood-for-stalking-habit
  • Mrutyuanjai Mishra, Is India’s rape culture related to the filthy misogynist songs of Bollywood?, Times of India (Dec. 16, 20121), https://timesofindia.indiatimes.com/blogs/mind-the-gap/is-indias-rape- culture-related-to-the-filthy-misogynist-songs-of-Bollywood/

WEBSITES

[1] –, Case Brief, Joseph Shine vs Union of India, (Dec. 16, 2021), https://privacylibrary.ccgnlud.org/case/joseph- shine-vs-union-of-India

[2] Courtney Fraser, “Ladies First” to “Asking for It”: Benevolent Sexism in the Maintenance of Rape Culture 103

(1) California Law Review, Inc 141, 141(2015)

[3] Alyn Pearson, Rape Culture: It’s all around us 30 (8), Off Our Backs 12, 12 (2000)

[4] Ibid at 4, 14

[5] Glory Singh, Rape culture in India, Times Of India (Dec. 16, 2021), https://timesofindia.indiatimes.com/readersblog/thethinker/rape-culture-in-india-9983/

[6] P Shrivastava, Status of Women in India: Ancient, Medieval and Modern, Sociology Discussion (Dec. 16, 2021), https://www.sociologydiscussion.com/status-of-women/status-of-women-in-india-ancient-medieval-and- modern-sociology/13526

[7] Ibid at 7

[8] Ibid at 7

[9] Ibid at 7

[10] Ibid at 7

[11] Ibid at 7

[12] Ali Imron, Media Construction of Gender: Framing Analysis of Rape Cases in the Mass Media State University of Surabaya 73,73 (2013)

[13] Mrutyuanjai Mishra, Is India’s rape culture related to the filthy misogynist songs of Bollywood?, Times of India (Dec. 16, 20121), https://timesofindia.indiatimes.com/blogs/mind-the-gap/is-indias-rape-culture-related- to-the-filthy-misogynist-songs-of-bollywood/

[14] Ben Child, Security guard avoids jail by blaming Bollywood for stalking habit, The Guardian (Dec. 16, 2021), https://www.theguardian.com/film/2015/jan/29/security-guard-avoids-jail-by-blaming-bollywood-for-stalking- habit

[15] Arun Sagar, Judicial Narrative and Rape Myths: The Farooqui Case 15 Socio-Legal Review 44, 47 (2019)

 

[16] –, What is the Nirbhaya case?, Times of India (Dec. 16, 2021), https://timesofindia.indiatimes.com/india/what-is-nirbhaya-case/articleshow/72868430.cms

 

[17] –, Rape Myths and Facts, Washington University in St.Louis (Dec.16, 2021), https://students.wustl.edu/rape- myths-facts/

[18] Tanya Khan, Section 375 Of IPC: An Overview, Legal Services E-Journal India, (Dec. 16,2021), https://www.legalserviceindia.com/legal/article-5395-section-375-of-ipc-an-overview.html

[19] Manoj Mitta, Legal rights of a rape victim, Times of India (Dec.16, 2021), https://timesofindia.indiatimes.com/city/delhi/legal-rights-of-a-rape-victim/articleshow/17700134.cms

[20] Soibam Rocky Singh, Explained: The laws on rape and sexual crimes, The Hindu (Dec.16, 2021), https://www.thehindu.com/news/national/what-are-the-laws-on-rape-and-sexual-crimes/article30233033.ece

[21] Id at 20

[22] Id at 20

[23] Id at 20

[24] Id at 20

[25] Md Tasnimul Hassant, The case for compensation to rape victims, SCC Online Blog (Dec. 16, 2021), https://www.scconline.com/blog/post/2021/06/16/compensation-to-rape-victims/

[26] Karuna Maharaj, Evaluating issues regarding post penetrative rape from a women’s perspective 97 Nalsar

Student Law Review 97,165 (2017)

[27] Soibam Rocky Singh, Explained: The laws on rape and sexual crimes, The Hindu (Dec.16, 2021), https://www.thehindu.com/news/national/what-are-the-laws-on-rape-and-sexual-crimes/article30233033.ece

[28] Karuna Maharaj, Evaluating issues regarding post penetrative rape from a women’s perspective 97 Nalsar

Student Law Review 97,165 (2017)

[29] Id at 29, 119

 

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