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Rape: Crime or culture?

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“Rape” today this is the most common and east to do crime. After 73 years of Independence we are failed to instill fear in criminal’s mind. As per NCRB 2019 report India is facing “every 16 minutes, a woman is raped somewhere in India, and every four minutes woman experiences cruelty at the hands of her in-laws”. In 2019, the country had recorded 88 rape cases every day.

Rape is one of the most horrible crime and stigma on society. From pre to post independence of “Bharat” cruelty against women never stops. Even till now this is the most challenging situation for Indian Government to stop this heinous crime. Question arises that why we this is still a big failure for us. Many debates goes on from past till now but answers and solution is still zero. Crime against Nirbhaya boils everyone’s blood. That’s actually not crime, it is beyond crime. Many rallies and protest goes on and she got justice after 7 years in which one of the 17 year old minor criminal name Mohmmad Afroz got bail. Days past and rape still goes on with time non-stop. In the recent case of Balrampur Uttar Pradesh where a minor college girl is gang raped. Now, the progress is rape are done in gangs more. Even there are many cases come after Nirbhaya rape case where baby girl child is raped by their family members or by her father. Culture is something that we practice in our day to day life in various forms but crime is born with different scenarios. Looking at the records the question arises is doing rape a part of culture or it is a crime.

If we look at the graph of Nation capital Delhi the situation is worst. As per news source Nation capital experienced rape in every five hours. NCRB report states that Rajasthan have the highest number of rape cases. Uttar pradesh comes after Rajasthan having 3000 cases in a year. These are the situation which raises same question is doing rape is a symbol of pride. Is this is the cultural part. If it is a crime than why are constitution failed to stop this horrendous crime. As per our Indian Constitution Rape Punishments are different for various types of rapes in which minimum imprisonment of 7 years or may be extended to 10 years. After the Anti Rape Bill of April 2013, culprits are liable to life imprisonment (which is actually 14 years), imprisonment for entire life and even the death sentence in the rarest of rare cases. Further, in April 2018, it allows Capital Punishment for anyone convicted of raping children under the age of 12.Here we look about punishment across globe which are as follows:

1. China: China has the law of punishing the rapist straight away with a death sentence. In some scenarios, rapists are also punished by the mutilation of their genitals.

2. Iran: In Iran, it is said that a rapist is either hanged or shot to death in public. Sometimes, the guilty escape the death penalty by the permission from the victim but is still liable for 100 lashes or life imprisonment.

3. Netherlands: Any kind of sexual assault, even including a kiss without the consent is considered a rape in Netherlands. The rapist is punished with imprisonment ranging from 4 to 15 years depending on the age of convict.Even a sexual assault on a prostitute will lead to an imprisonment of 4 years in Netherlands.

4. France: In France, the rapist is punished with 15 years of jail time with torture which can be extended to 30 years or a life imprisonment depending upon the extent of damage caused to the victim.

5. Aghanistan: Justice is given to the victim in Afghanistan in just four days by shooting the rapist in the head.

6. North Korea: North Korea has no leniency for the crime, like rape. Instant justice is given to the rape victim by shooting the rapist in the head by a squad.

7. Russia: In Russia, the convict has to serve a term of imprisonment for over 3 years, which can go up to 30 years depending on the harm done to the victim.

8. Saudi Arabia: If a person is convicted of rape in Saudi Arabia, then he is executed in public within days of the trial.

9. UAE: In UAE, the punishment of sexual assault or rape is death by hanging. There is no compensation, if you commit rape, you die within 7 days.

10. Greece: In Greece, if the convict of the crime is found guilty of rape, he is punished with incarceration.

11. Egypt: In Egypt, the rapist is hanged at public places so that people may become aware of the consequence of this heinous crime.

12. USA: The USA has two kinds of law – state law and federal law. If a rape case falls under the category of federal law, then the rapist can be fined or awarded life imprisonment. Though state laws of rape punishments differ from state to state.

13. Norway: In Norway, the rapist is punished with the detainment of 4 to 15 years, depending upon the degree of damage to the victim.

14. Pakistan: Gang rape, child molestation and rape are punishable by death. An assault on a woman and intentional display of her body in public view is punishable by death in Pakistan. Statutory rape by a man of a girl under sixteen, especially a gang rape, is punishable by death.

15. Japan: Twenty years for the crime of rape. If it is rape or fatal rape at the scene of any other crime like robbery, then death penalty.

Now if we look rape graph across the globe here is 10 countries recorded highest rape case:

1. South Affrica: South Affrica has the highest rape case 132.4.66,196 incidents in per 100,000 people.

2. Botswana: Botswana is the second with a rate of rape – 92.90 and 1,865 incidents in per 100,000 people

3. Lesotho: Lesotho has 82.70 rape rate and around 1,777 incidents in per 100,000 people.

4. Swaziland: Swaziland recorded 849 incidents in per 100,000 people with 77.50 rape rate .

5. Bermuda: is the fifth country with 67.30 rate of rape and 43 incidents in per 100,000 people.

6. Sweden: Sweden has 63.50 rape rate and around 5,960 incidents in per 100,000 people, according to World Population Review data.

7. Suriname: Suriname recorded 223 incidents in per 100,000 people with 45.20 rate of rape.

8. Costa Rica: Costa Rica has 36.70 rape rate and around 1,685 incidents in per 100,000 people.

9. Nicaragua: Nicaragua recorded 1,829 incidents in per 100,000 people with 31.60 rate of rape.

10. Grenada: Grenada with 30.60 rate of rape, has 32 incidents in per 100,000 people.

Rape is such a heinous and horrendous crime that no definition would justify it. It is above the mindset,above the physical cover, above anything.Looking for current situation of India should take strong amendment in rape punishment that should be more horrendous and bizarre. The amendment should be as follows:

If a criminal found to be guilty in rape then their private part should be chopped off. If it is a gang rape then all the criminals any body part should be chopped off. If a criminal found to be guilty in raping minor then their body should be burned with boiled water. Also if rape is done by a minor boy than he should be in jail for 30 years with no facilities. On the other side, if the rape case is false and it is found that a female did this intentionally to take revenge then the female should pay a huge punishment amount or their should be lifetime imprisonment depending upon the seriousness of the case. The rape cases should be solve within one month with a team of male and female officers in the ratio of 4:3. It is a brutal and cruel crime so that need to be stop with a strong law. We should not make it a culture it should remain a crime.

We cannot make it a daily practice it should be stopped and women’s should feel safe in her country. We are bound to this responsibility as we did female worship with pride.

Sources :

https://www.hindustantimes.com/cities/delhi-news/a-woman-is-raped-every-5-hours-10-mins-in-delhi-101613769257083.html

https://timesofindia.indiatimes.com/topic/Rape-Case

https://timesofindia.indiatimes.com/india/india-sees-88-rape-cases-a-day-but-conviction-rate-below-30/articleshow/78526440.cms

http://www.legalservicesindia.com/article/471/Rape-Laws-In-India-Appropriate-ornot?.html#:~:text=Whoever%2C%20except%20in%20the%20cases,the%20woman%20raped%20is%20his

https://www.tbsnews.net/world/punishment-rapists-different-countries-144115

https://m.dailyhunt.in/news/india/english/wittyfeed+global-epaper-wittyglo/15+brutal+punishments+against+rape+all+over+the+world-newsid-79119409

http://www.legalserviceindia.com/legal/article-677-capital-punishment-for-rape.html

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