NO MORE SILENCE: CONFRONTING THE GROWTH OF RAPE CULTURE IN INDIA

Author: Namrata Koirala, IMS UNISON UNIVERSITY

This article provides a critical analysis on the growth of rape culture in India and movement which are taken by the Indian society to break the silence in an evil act involving sexual violence. This article helps in analysing different factors behind the growth of sexual violence against women in India. The primary object of the article is to confront and find out multiple ways to confront and fight back against such evil practices prevailing in the society. This research explores how the traditional patriarchal structure present in Indian families contribute subordination of women particularly causing sexual violence against them.

KEYWORDS:

Rape culture, Indian society, sexual violence, patriarchal, Victim blaming 

Women are often considered as inferior or subordinate to men which usually leads to violence against them. According to section 63 of BNS, A man is said to commit rape if he penetrates his penis to an extent, into the vagina, mouth, urethra or anus of a women or makes her to do so with him or any other person . Rape is a serious offence which has a deep roots in patriarchal structure. Women’s security is a controversial issue in India where their rights are often breached.

BACKGROUND 

In ancient time women were often used as tools of war they were brutally raped and were sexually harassed as well. The conquerors often raped the wife and targeted the girl child of the conquered population in order to show their dominance over the conquered nation. It usually gives them a sense of pleasure and makes them feel superior and greatest of alThe culture of silence which has been prevailing since ages in the society stops survivors from speaking out about what they have gone through mentally, physically and psychologically. Victims are often scared of humiliation they have to face and get blamed for the incident that occurred with them.

FEAR OF VICTIM BLAMING 

Multiple cases of rape and sexual violence in India are usually unreported due to the fear of culture of victim blaming in which victims are often blamed for the crime that has been committed against them. Victims are even concerned about not being believed by society. In many scenario victims are often questioned for the dress they wear or going out of house late at night 

RESEARCH PROBLEM

Despite initiative taken by the legislature in enactment of new laws and increased social awareness among people in the society, cases of sexual violence and harassment against women are unreported due to different factors like political, social and cultural factors. 

Victims are often scared to speak out the truth in public. They usually don’t open up due to social stigma of getting blamed; this creates a hinder in seeking justice for the victim.

OBJECTIVE

Main objective of this resource is to find out the roots of sexual violence and take necessary step to control it. To find out why the survivors often fear to speak up the truth and to empower the survivors to speak up in order to seek justice.

1.“The worrying growth of rape culture in India” by Showkat Ahmad Dar ,2023 . The paper provides analysis of issue of rape culture in India. The paper acknowledges the     role of social media which stimulates cyber harassment and cyberstalking. 

2.  Rape culture in India by Himanshi Upadhyay & Sonal Upadhyay ,2023

This study  focuses on  measures to tackle the problem of rape and violence against women.It identifies different factors like patriarchal society,gender equality.

The claim maid in this article are supported by qualitative and quantitative research methods to give view of rape culture and sexual violence.Large scale research has been conducted and different case study analysis has been made to during this research. Different scholar’s articles, reports, and newspapers have been referred to write this paper.

Here are the reason behind rape and sexual violence against women in Indian society.

1. Patriarchal mindset of Indian society normalises sexual violence against women 

2. Fear of losing the honour of the family is one of the reasons behind to normalise sexual violence.

3. Lack of faith on the justice system is the main reason behind not registration of complaint against sexual violence. People have little faith in the justice system as often victims are not seeking proper justice.

   
   
   
   

Gang rape of Jyoti Singh (Nirbhaya) in Delhi which occurred on 16th December    where a 23 year old girl was brutally raped by six men in a moving bus after assault victim was thrown out of a moving bus  in 2012 paved a way for effective criminal justice system in India .

People were in shock after the case of Nirbhaya  and their grief turned into anger .People started protesting against such an evil act in the society .Amendment was made in 2013 in order to make effective changes in the criminal justice system .

Definition of rape  under section 375 Indian penal code  was extended ,in addition to vaginal penetration ,the definition of rape include acts like if he penetrates his penis to any extent into vagina ,mouth ,urethra  or anus of a women or makes her to do so with him or any other person .Section 375 of IPC makes it clear that sexual intercourse is termed as rape if it is done against her will or without her consent .

If any men commits the offence of rape and is convicted under section 375 of IPC then in that case he shall be liable for punishment for rape under section 376 of IPC .The punishment shall not be less than 10 years which may extend to imprisonment for life . IPC is now finally replaced by Bhartiya Nyaya Sanhita (BNS).BNS  came into effect on 1 july 2024.

POSCO (protection of children from sexual offences ) is an act in India for the protection of children below the age of 18 years from sexual assault ,pornography or sexual violence against them .Section 6 of POSCO act provides punishment for aggravated penetrative sexual assault .The punishment for aggravated sexual assault is rigorous imprisonment for a minimum period of 20 years which may extend to imprisonment for life or even death penalty .

The paper provide a critical analysis of rape culture in India. It highlights the deep rooted patriarchal structure that sustains sexual violence against women in the society .Historically women have been subjected to sexual violence as a tool of domination with prevailing culture of silence prevention survivors from speaking out .Multiple factors contribute to unreported  of cases including fear of victim blaming and lack of faith in justice system .The Nirbhaya case of 2012 marked a turning point in paving a way for crucial legal reforms such as expanding the  definition rape under 375 of Indian penal code .The POSCO act was also implemented to protect children from sexual offences .To fix this problem we have to change the mind set of people how they think about gender ,educate the people about rape and make laws stronger to build a society that values women .

1.Rawat D , Rape and Victim Blaming in India, vol 4, Int. j. Indian psychol,  112,112-115,2017

2. Sharma, Radha R., Rupali Pardasani, and Sharda Nandram. The problem of rape in India: a multi-dimensional analysis ,7, International Journal of Managing Projects in Business  362, 364-367,2014 

3 .Mukesh v. State (NCT of Delhi) [2017] 6 SCC 1

4.The Bharatiya Nyaya Sanhita, 2023,& 63, No45, Acts of parliament,2023(India)

5.Times of India ,https://timesofindia.indiatimes.com/(last visited feb 5,2025)

6. Himanshu Upadhyay and Sonal Updhyay ,Rape Culture In India ,6,IJLMH,943,945-948,2023.

7. Protection of children from Sexual Offences Act ,2012,&6, Acts of parliament ,2012,(India).

8.  Showkat Ahmad Dar, The worrying growth culture of rape in India, Vol 2,Arcaitl journal,30,31-33,2023.