Vergewaltigungen in Indien

2013-09-27T00:06:11Z

14.139.196.2: Undid revision 573963294 by Ruby Murray (talk)

[[File:Rape in India.png|thumb|330px|right|Reported cases of rape in India (2001-2012)]]

{{Violence against women}}

'''Rape in India''' has been described by [[Radha Kumar]] as one of [[India]]'s most common [[Violence against women|crimes against women]]<ref name=Kumar>{{cite book|last=Kumar|first=Radha|title=The History of Doing: An Account of Women's Rights and Feminism in India|year=1993|publisher=Zubaan|isbn=978-8185107769|page=128}}</ref> and by the [[UN]]’s human-rights chief as a “national problem”.<ref>{{cite news|url=http://www.economist.com/news/leaders/21569031-horrible-attack-could-prove-turning-point-indias-women-rape-and-murder-delhi |title=India’s women: Rape and murder in Delhi |publisher=Economist.com |date= |accessdate=2013-01-07}}</ref> [[Marital rape]] is not a criminal offence.<ref name=Kinnear />

While per-capita reported incidents of [[rape]] are quite low compared to other countries, even developed countries.<ref>{{cite web|author=« The Irrationality of Rationing |url=http://messymatters.com/rape/ |title=Lies, Damned Lies, Rape, and Statistics |publisher=Messy Matters |date=2013-01-25 |accessdate=2013-03-17}}</ref><ref>{{cite book|last=Schmalleger|first=John Humphrey, Frank|title=Deviant behavior|publisher=Jones & Bartlett Learning|location=Sudbury, MA|isbn=0763797731|page=252|edition=2nd ed.}}</ref> According to 2012 statistics, New Delhi has the highest number of rape-reports among Indian cities, while [[Jabalpur]] has the per capita incidence of reported rapes.<ref>[http://www.thehindu.com/news/national/data-busts-some-myths-on-sexual-violence/article5089690.ece Data busts some myths on sexual violence]</ref><ref>{{cite web|url=http://www.indiatribune.com/index.php?option=com_content&view=article&id=10195:rape-statistics-around-the-world-&catid=107:coverpage&Itemid=471 |title=Rape statistics around the world |publisher=Indiatribune.com |date=2012-09-11 |accessdate=2013-03-17}}</ref> Sources show that rape cases in India have doubled between 1990 and 2008.<ref>[http://www.arabnews.com/indian-student-gang-raped-thrown-bus-new-delhi "Indian student gang-raped, thrown off bus in New Delhi"] ''[[Arab News]]''. Retrieved 29 May 2013.</ref> According to the National Crime Records Bureau, 24,206 rape cases were registered in India in 2011, although experts agree that the unreported cases of sexual assault is much higher.<ref>{{cite web|author=Meenakshi Ganguly, South Asia director |url=http://www.hrw.org/news/2012/12/29/india-rape-victim-s-death-demands-action |title=India: Rape Victim’s Death Demands Action | Human Rights Watch |publisher=Hrw.org |date=2012-12-29 |accessdate=2013-03-15}}</ref>

A new case is reported every 20 minutes.<ref>{{cite web|last=Mohanty |first=Suchitra |url=http://in.reuters.com/article/2013/01/06/us-india-rape-idUSBRE90500B20130106 |title=Indian rape victim's father says he wants her named | Reuters |publisher=In.reuters.com |date= |accessdate=2013-03-17}}</ref><ref name=indiatribune>{{cite web|url=http://www.indiatribune.com/index.php?option=com_content&view=article&id=10195:rape-statistics-around-the-world-&catid=107:coverpage&Itemid=471 |title=Rape statistics around the world |publisher=Indiatribune.com |date=2012-09-11 |accessdate=2013-03-15}}</ref> However the latest estimate suggest a new case every 22 minutes.<ref>{{cite web|url=http://edition.cnn.com/2013/09/13/world/asia/india-gang-rape-sentence/ |title=Court sentences 4 men to death in New Delhi gang rape case |publisher=CNN |date=2013-09-14 |accessdate=2013-09-15}}</ref>

==Notable incidents==
In March 2004, a 59-year old Australian [[Brahma Kumari]] adherent Dawn Griggs was murdered and raped on her way to the sect's headquarters in [[Mount Abu]]. A senior homicide police official described Ms Griggs's killing as "savage". She was the third expatriate woman in a period of a few months but the first to be killed. Ms Griggs was carrying $8,000 to take to them when she arrived in India. Thorns were embedded in her palms and the soles of her feet were cut, indicating she put up strong resistance.

The Brahma Kumaris were founded in the 1930s and supported by a female leadership who believes those who are celibate and meditate will enjoy the fruits of paradise following the imminent destruction of the world.<ref>[http://www.smh.com.au/articles/2004/03/21/1079789940007.html Rape motive suspected in Indian killing] by Pratap Chakravarty March 21, 2004 The Sun-Herald </ref><ref>Delhi: Adventures In A Megacity by Sam Miller, Penguin Books India, 2010. ISBN: 0143415530</ref>

[[File:Bangalore protests following Delhi gang-rape (photo - Jim Ankan Deka).jpg|thumb|People in Bangalore protesting outside [[Bangalore Town Hall]] on 30 December 2012 demanding justice for the 23-year old student who was [[2012 Delhi gang rape case|gang-raped in Delhi]] on 16 December 2012.]]
The rape and murder of English teenager [[Scarlett Keeling]], on 18 February 2008, brought international attention to cases of rape in India.<ref name=Buncombe>{{cite news|last=Buncombe|first=Andrew|title=Goa MP says rape after midnight 'not a crime'|url=http://www.independent.co.uk/news/world/asia/goa-mp-says-rape-after-midnight-not-a-crime-1843100.html|newspaper=The Independent|date=17. December 2009}}</ref><ref name=Morris>{{cite news|last=Morris|first=Chris|title=Can the Goa Trial Untangle the Scarlett Keeling Case|url= http://news.bbc.co.uk/2/hi/uk_news/8577029.stm |newspaper=The BBC|date=19. March 2010}}</ref><ref name=Manjesh>{{cite news|last=Manjesh|first=Sindhu|title=Scarlett Keeling case: Five years on, mother awaits justice|url=http://www.ndtv.com/article/india/scarlett-keeling-case-five-years-on-mother-awaits-justice-331858 |newspaper=NDTV|date=17. Feb 2013}}</ref>

A Russian national working in India claimed that she was raped by a Goan politician on 1 December 2009 after having dinner with him that evening.<ref name="goa">{{cite web|url=http://www.dnaindia.com/india/report_goa-mp-shantaram-naik-says-some-women-invite-rape_1324134 |title=Goa MP Shantaram Naik says some women invite rape - India - DNA |publisher=Dnaindia.com |date=2009-12-15 |accessdate=2012-12-24}}</ref> [[Shantaram Laxman Naik]], an MP of the [[Indian National Congress]], occasioned widespread disapproval, when he said, "...an alleged rape of a lady who moves with strangers for days together even beyond middle of the night is to be treated on a different footing."<ref name="goa"/><ref name=autogenerated1>{{cite news|last=Buncombe|first=Andrew|title=Goa MP says rape after midnight 'not a crime'|url=http://www.independent.co.uk/news/world/asia/goa-mp-says-rape-after-midnight-not-a-crime-1843100.html|newspaper=The Independent|date=December 17, 2009}}</ref> Mamata Banerji stated<ref>{{cite web|url=http://www.sify.com/news/mamata-s-bizarre-reason-for-rise-of-rapes-news-national-mkqhlQcbigj.html |title=Mamata's bizarre reason for rise of rapes |publisher=Sify.com |date=2012-10-16 |accessdate=2012-12-24}}</ref> that free interaction between men and women today has led to these crimes.

Software engineer Nayana Pujari was raped and murdered by her escort driver in Pune in 2009.<ref>{{cite web|url=http://articles.timesofindia.indiatimes.com/2013-01-01/pune/36093154_1_nayana-pujari-yogesh-raut-abhijit-pujari|title=Nayana's case is more serious that Delhi gang rape, says husband|work=The Times of India|date=Jan 1, 2013}}</ref><ref>{{cite web|url=http://zeenews.india.com/news/maharashtra/nayana-pujari-rape-murder-case-accused-used-to-raping_852134.html|title=Nayana Pujari rape-murder case: Accused ‘used to raping’|work=Zee News|date=June 01, 2013}}</ref>

The [[2012 Delhi gang rape case|gang rape of a 23-year old student on a public bus]], on 16 December 2012, sparked large protests across the capital Delhi.<ref>{{cite web|author=4:54PM GMT 19 Dec 2012 |url=http://www.telegraph.co.uk/news/worldnews/asia/india/9756318/Protests-grow-over-gang-rape-of-Indian-woman.html# |title=Video: Protests grow over gang rape of Indian woman |publisher=Telegraph |date= |accessdate=2012-12-21}}</ref> She was with a male friend who was severely beaten with an iron rod during the incident.<ref>{{cite web|url=http://www.ndtv.com/article/india/delhi-gang-rape-victim-s-friend-also-on-bus-gives-statement-in-court-307391 |title=Delhi gang-rape: victim's friend, also on bus, gives statement in court |publisher=NDTV.com |date= |accessdate=2012-12-21}}</ref> This same rod was used to penetrate her so severely that the victim's intestines had to be surgically removed, before her death thirteen days after the attack.<ref>{{cite web|url=http://www.hindustantimes.com/India-news/NewDelhi/No-option-victim-s-intestines-removed/Article1-976790.aspx |title=No option, victim’s intestines removed |publisher=Hindustan Times |date= |accessdate=2012-12-21}}</ref> In the 24-hour period after the gang rape of the victim, at least two girls under the age of 18 were gang raped and one of them was murdered.<ref>{{cite web|author=December 19, 2012, 12:33 PM |url=http://www.cbsnews.com/8301-202_162-57560038/brutal-india-gang-rape-triggers-outrage/ |title=Brutal India gang rape triggers outrage |publisher=CBS News |date=2012-03-15 |accessdate=2012-12-21}}</ref>

The following day, there was an uproar in the Indian parliament over the incident. MPs in both houses had set aside their regular business to discuss the gruesome rape case and demanded strict punishment for those who carried out the attack. Leader of the opposition in the [[Lok Sabha]], Sushma Swaraj, demanded that "the rapists should be hanged".<ref>"Delhi bus gang rape: Uproar in Indian parliament". BBC News. 18 December 2012. Retrieved 19 December 2012.</ref> Thousands of people, mostly young, participated in a massive demonstration in 22 December in protest.<ref>http://www.vocativ.com/09-2013/photos-india-demands-death-for-gang-rape-killers/</ref> Police announced that six men suspected of rape had been arrested.<ref name="lavanguardia1">{{cite web|url=http://www.lavanguardia.com/internacional/20121223/54356596953/muerto-india-manifestaciones-contra-violacion.html |title=Un muerto en la India durante las protestas contra una violación |publisher=Lavanguardia.com |date= |accessdate=2012-12-24}}</ref> As a result of this incident, the government has promised speedy trials in cases of violations. It will improve the lighting of roads and public transport and there will be more police patrols to ensure the safety of women.<ref name="lavanguardia1"/>

In 2012 Bikram Singh Brahma was accused of raping a woman in the Chirang district of Assam. He was caught by villagers who heard the woman's screams. He was stripped of his shirt and beaten by locals and was suspended from the ruling Congress party.<ref name=BBC>{{cite news|title=Bikram Singh Brahma suspended by Congress over Assam 'sex attack'|url=http://www.bbc.co.uk/news/world-asia-india-20907458|newspaper=BBC|date=4, January 2013}}</ref>

{| class="wikitable sortable" style="margin: 1em auto 1em auto; width:80%"
|+ '''Other notable cases'''
! scope="col" class="unsortable" | State !! Case Name !! Year
|-
| rowspan=2 | [[Kashmir]] || [[Kunan Poshpora incident]] || 1991
|-
| [[2009 Shopian rape and murder case|Shopian rape and murder case]] || 2009
|-
| rowspan=2 | [[Delhi]] || [[ Geeta and Sanjay Chopra kidnapping case | Geeta Chopra rape and murder]] || 1978
|-
| [[2012 Delhi gang rape case|Delhi gang-rape and murder case]] || 2012
|-
| rowspan=3|[[Kerala]] || [[Suryanelli rape case]] || 1996
|-
|[[Kiliroor Sex Scandal]] || 2003
|-
| [[Soumya Murder Case|Soumya rape and murder case]] || 2012
|-
| rowspan=4|[[Maharashtra]] || [[Aruna Shanbaug case]] || 1973
|-
| [[Jalgaon rape case]] || 1982 - 1994
|-
| [[Mathura rape case]] || 1974 - 1981
|-
| [[Tulasa Thapa]] || 1982
|-
| [[Manipur]] || [[Thangjam Manorama]] || 2004
|-
| [[Orissa]] || [[Anjana Mishra rape case]] || 1999
|-
| rowspan=2|[[Rajasthan]] || [[Ajmer rape case]] || ? - 1992
|-
| [[Bhanwari Devi]] || 1992
|-
| [[Uttar Pradesh]] || [[Imrana rape case]] || 2005
|-
| [[Tamil Nadu]] || [[Vachathi case]] || 1992
|}

===During partition===
{{main|Rape during the partition of India}}
During the [[partition of India]], rape was an extensive issue.<ref name="Žarkov">{{cite book|last=Žarkov|first=Dubravka|title=The Body of War: Media, Ethnicity, and Gender in the Break-Up of Yugoslavia|year=2007|publisher=Duke University Press|isbn=978-0822339663|page=172}}</ref> It is estimated that during the partition, up to 100,000 women were kidnapped and raped.<ref name=Butalia>{{cite book|last=Butalia|first=Urvashi|title=Writings on Human Rights, Law and Society in India: A Combat Law Anthology|publisher=Human Rights Law Network|isbn=81-89479-78-4|editor=Harsh Dobhal|page=598}}</ref>

===Jammu and Kashmir===
{{main|Rape in Jammu and Kashmir}}

====Indian armed forces====
There have been allegations of [[rape]] and [[mass rape]] in [[Jammu and Kashmir]] being carried out by both Indian armed forces and militant groups.<ref name=Warikoo/><ref name=Margolis>{{cite book|last=Margolis|first=Eric S.|title=War at the Top of the World: The Struggle for Afghanistan, Kashmir, and Tibet|year=2001|publisher=Routledge|isbn=978-0415930628|edition=1st|page=81}}</ref> In 1991, the [[Rajputana Rifles|4 Rajputana Rifles unit]] are alleged to have entered the village of [[Kunan Poshpora incident|Kunan Poshpora]] and raped between 30 and 100 women aged between 13 and 70.<ref name=HRW>{{cite book|title=Abdication of responsibility: the Commonwealth and human rights|year=1991|publisher=Human Rights Watch|isbn=978-1564320476|page=14}}</ref><ref name=Chatterji>{{cite book|last=Chatterji|first=Angana P.|title=South Asian Feminisms|year=2012|publisher=Duke University Press|isbn=978-0822351795|editor=Ania Loomba, Ritty A. Lukose|page=194}}</ref> The Indian government carried out three inquiries into the allegations and concluded that it had been a hoax.<ref>{{cite book|title=Crisis and credibility : report of the Press Council of India, January and July 1991.|year=1991|publisher=Lancer International|location=New Delhi|isbn=8170621526|pages=10–13}}</ref>

The [[International Commission of Jurists]] have stated that though the attacks had not been proven beyond a doubt, there was credible evidence that it had happened.<ref name=Schofield>{{cite book|last=Schofield|first=Victoria|title=Kashmir in conflict: India, Pakistan and the unending war|year=2002|publisher=I.B.Tauris|isbn=978-1860648984|edition=2nd revised|page=157}}</ref> In 2011, the State Human Rights Commission (SHRC) asked for the reopening of the case.<ref name=Ganai>{{cite news|last=Ganai|first=Naseer|title=Human rights panel asks Jammu and Kashmir govt to reopen army mass rape case|url=http://indiatoday.intoday.in/story/shrc-wants-jammu-and-kashmir-army-mass-rape-case-reopened/1/156960.html|newspaper=India Today|date=October 21, 2011}}{{dead link|date=December 2012}}</ref>

====Islamist groups====
Extremist and Terrorist organisations like [[Hizb-ul-Mujahideen]], [[Jamiat-ul-Mujahideen]] and [[Harkat ul-Ansar]] have been accused of carrying out rapes.<ref name=Warikoo>{{cite book|last=Warikoo|first=Kulbhushan|title=Religion and security in South and Central Asia|year=2010|publisher=Routledge|isbn=978-0415575904|edition=1st|editor=Kulbhushan Warikoo|page=79}}</ref> The [[Jammu Kashmir Liberation Front]] have been accused of [[ethnic cleansing]] by using murder, arson and rape as a weapon of war to drive out hundreds of thousands of Hindu [[pandits]] from the region.<ref name=Forsythe>{{cite book|last=Forsythe|first=David P.|title=Encyclopedia of Human Rights|year=2009|publisher=Oxford University Press|isbn=978-0195334029|page=306}}</ref><ref name=Flint>{{cite book|last=Flint|first=Colin|title=Introduction to Geopolitics|year=2011|publisher=Routledge|isbn=978-0415667739|edition=2nd|page=192}}</ref>

===Madhya Pradesh===
In March 2013 a Swiss couple who were cycling from [[Orchha]] to [[Agra]], were physically assailed by 8 locals, the man was overpowered and tied up while the 39-year old woman was gang-raped in front of her husband at a village in [[Datia District]] where they decided to camp for a night.<ref>{{cite web|url=http://www.bbc.co.uk/news/world-asia-india-21812849 |title=BBC News - Swiss woman 'gang-raped' in central India |publisher=Bbc.co.uk |date=1970-01-01 |accessdate=2013-03-16}}</ref><ref>{{cite web|url=http://news.sky.com/story/1065513/india-tourist-gang-raped-and-husband-beaten |title=India: Tourist Gang-Raped And Husband Beaten |publisher=News.sky.com |date= |accessdate=2013-03-16}}</ref><ref>{{cite web|url=http://edition.cnn.com/2013/03/16/world/asia/india-tourist-gangrape/ |title=Police: Swiss tourist gang-raped in India - CNN.com |publisher=Edition.cnn.com |date= |accessdate=2013-03-17}}</ref>

The Supreme Court on 05 August, 2013 directed the Madhya Pradesh Government to pay Rs 10 lakh as compensation each to the two school-going girls gang raped last year in [[Betma]] town of Indore district and issued show cause notice to a senior police officer as to why criminal case be not lodged against him for disclosing the names of victims in his affidavit, which is an offence under section 228A of the [[Indian Penal Code]].<ref>{{Cite news|title = SC Irked For Disclosing Rape Victims’ Names, Orders Compensation|date = August 5 , 2013|url = http://www.tehelka.com/sc-irked-for-disclosing-rape-victims-names-orders-compensation/|newspaper = Tehelka}}</ref>

===Northeast India===
Human rights groups allege that the Indian armed forces under the protection of the [[Armed Forces (Special Powers) Act, 1958]] have carried out a large amount of rapes in the [[Nagaland]], [[Assam]] and [[Manipur]] provinces.<ref name=Karlsson>{{cite book|last=Karlsson|first=B. G.|title=Unruly Hills: A Political Ecology of India's Northeast|year=2011|publisher=Berghahn|isbn=978-0857451040|page=51}}</ref> In August 2013, a School Teacher in [[Arunachal Pradesh]] was arrested for raping fourteen underage girls in a hostel where he was warden. The sexual exploitation allegedly continued for over 3 years, until one of the girls filed a police complaint.<ref>{{cite web|title=Hostel Warden arrested for raping 14 Girls in Arunachal Pradesh|url=http://news.biharprabha.com/2013/08/hostel-warden-arrested-for-raping-14-girls-in-arunachal-pradesh/|accessdate=4 September 2013}}</ref>

===Uttar Pradesh===
In 2011 number of brutal assaults on women were reported in [[Uttar Pradesh]] and according to the [[People's Union for Civil Liberties]] (PUCL), the majority of those assaulted were poor women from remote areas and [[Dalit]]s. SR Darapuri vice president of the PUCL stated, "I analysed the rape figures for 2007 and I found that 90% of victims were Dalits and 85% of Dalit rape victims were underage girls."<ref name="Uttar Pradesh">{{cite news|title=Rape and murder in Uttar Pradesh|url=http://www.bbc.co.uk/news/world-south-asia-14058814|newspaper=BBC|date=18 July 2011}}</ref>

==Crime against children==
According to a BBC report in February 2013, more than 7,200 children are raped each year in India. Underage victims who do report the assaults are often subjected to mistreatment and humiliation from the police.<ref name="autogenerated2">{{cite web|author=Geeta Pandey |url=http://www.bbc.co.uk/news/world-asia-india-21352102 |title=BBC News - India child sex victims 'humiliated' - Human Rights Watch |publisher=Bbc.co.uk |date=2013-02-07 |accessdate=2013-03-15}}</ref> A landmark government survey in 2007 revealed that a lot of children in India are physically abused and that such occurrences are ″disturbingly common″.<ref name="autogenerated2"/><ref>{{cite news|last=Pandey |first=Geeta |url=http://news.bbc.co.uk/2/hi/south_asia/6539027.stm |title=South Asia | Abuse of Indian children 'common' |publisher=BBC News |date=2007-04-09 |accessdate=2013-03-15}}</ref>
In January 2013, a 7-year old girl was raped in the school toilet while studying at school in Goa.<ref>{{cite web|url=http://www.bbc.co.uk/news/world-asia-india-21022478 |title=BBC News - India protests in Goa after rape of schoolgirl |publisher=Bbc.co.uk |date=2013-01-15 |accessdate=2013-03-15}}</ref><ref>{{cite web|url=http://www.dnaindia.com/india/report_goa-rape-case-headmistress-knows-who-raped-the-school-girl-says-bjp-legislator_1791439 |title=Goa rape case: Headmistress knows who the school girl's rapist is? - India - DNA |publisher=Dnaindia.com |date=2013-01-22 |accessdate=2013-03-15}}</ref>

Young girls are [[Sex trafficking|trafficked]] into prostitution in India, often by women who have been trafficked themselves. As adults they use personal relationships and trust in their villages of origin to recruit additional girls.<ref name=Maplecroft811>{{cite web|title=Trafficking A global phenomenon with an exploration of India through maps|url=http://maplecroft.com/about/news/trafficking_report.html|publisher=Maplecroft|accessdate=December 25, 2012|author=Alyson Warhurst|coauthors=Cressie Strachan, Zahed Yousuf, Siobhan Tuohy-Smith|page=39 to 45|page=51|format=PDF|month=August|year=2011}}</ref> India is categorized as one of the ‘extreme risk' countries for trafficking children.<ref name=Maplecroft811/>

==Legal position==
in April 2013 the [[Indian Parliament]] introduced [[Criminal Law (Amendment) Act, 2013|amendments]] to the [[Indian Penal Code]] making various changes to the anti-rape laws in India.<ref>{{cite web|title=Criminal Law (Amendment) Act, 2013|url=http://mha.nic.in/pdfs/TheCrimnalLaw030413.pdf|publisher=Government of India|accessdate=16 April 2013}}</ref> The offence of rape under Section 375, have made both penile and non-penile insertion into bodily orifices of a woman by a man an offence. The definition is broadly defined in some aspect, with acts like penetration by [[penis]], or any object or any part of body to any extent, into the [[vagina]], [[mouth]], [[urethra]] or anus of a woman or making her to do so with another person or applying of mouth to sexual organs without the consent or will of the woman constitutes the offence of rape.<ref name="ReferenceA">Section 376A, Criminal Law (Amendment) Act, 2013</ref>

The section has also clarified that penetration means "penetration to any extent", and lack of physical resistance is immaterial for constituting an offence. Except in certain aggravated situation the punishment will be imprisonment not less than seven years but which may extend to imprisonment for life, and shall also be liable to fine. In aggravated situations, punishment will be rigorous imprisonment for a term which shall not be less than ten years but which may extend to imprisonment for life, and shall also be liable to fine.<ref name="ReferenceA"/>

A new section, 376A has been added which states that if a person committing the offence of sexual assault, "inflicts an injury which causes the death of the person or causes the person to be in a [[persistent vegetative state]], shall be punished with rigorous imprisonment for a term which shall not be less than twenty years, but which may extend to imprisonment for life, which shall mean the remainder of that person’s natural life, or with death."<ref name="ReferenceA"/> In the case of "[[gang rape]]", persons involved regardless of their gender shall be punished with rigorous imprisonment for a term which shall not be less than twenty years, but which may extend to life and shall pay compensation to the victim which shall be reasonable to meet the medical expenses and rehabilitation of the victim.

Certain changes has been introduced in the [[Criminal Procedure Code, 1973 (India)|Criminal Procedure Code, 1973]] and [[Indian Evidence Act]], like the recording of statement of the victim has been made more friendly and easy, character of the victim is irrelevant for consideration, presumption of no consent where sexual intercourse is proved and the victim states in the court that there has been no consent, etc.

The [[age of consent]] in India has been increased to 18 years, which means any sexual activity irrespective of presence of consent with a woman below the age of 18 will constitute [[statutory rape]]. Although, the decision of death penalty for the most extreme rape cases was approved by the Indian parliament, [[marital rape]] is still not accepted as a criminal offense within Indian legal framework,<ref name="autogenerated3">{{cite web|url=http://www.ndtv.com/article/india/marital-rape-not-criminal-offence-mps-committee-backs-govt-337053 |title=Marital rape not criminal offence: MPs committee backs govt |publisher=NDTV.com |date=2013-03-01 |accessdate=2013-04-16}}</ref> except during the period of [[judicial separation]] of the partners. In the 1980s, women's rights groups lobbied for [[marital rape]] to be declared unlawful, as until 1983, the criminal law (amendment) act stated that "sexual intercourse by a man with his own wife, the wife not being under fifteen years of age is not rape".<ref name=BBC>{{cite web|url=http://www.telegraph.co.uk/news/worldnews/asia/india/9930838/Men-can-still-rape-their-wives-in-India-after-new-Government-bill.html|title=Men can still rape their wives in India after new Government bill |date=14 March 2013|accessdate=18 July 2013}}</ref><ref name=Kinnear>{{cite book|last=Kinnear|first=Karen L.|title=Women in Developing Countries: A Reference Handbook|year=2011|publisher=ABC-CLIO|isbn=1598844261|pages=26–27}}</ref> The government officials argued that the contract of marriage presumes consent to sex and that criminalising marital rape in turn would weaken family values in India.<ref name="autogenerated3"/>

The [[Protection of Women from Domestic Violence Act 2005]] (PWDVA) which came into force in 2006, provides protection against marital rape or other forms of sexual perversions and domestic violence.<ref>{{cite news | url = http://www.telegraph.co.uk/news/worldnews/1532567/India-outlaws-wife-beating-and-marital-rape.html | title = India outlaws wife-beating and marital rape | author = Peter Foster | newspaper = The Telegraph | date = 2006-10-27 | accessdate = 2012-12-28 }}</ref> However, it offers only a [[civil law (common law)|civil]] remedy for the offence.<ref>{{cite web | url = http://tehelka.com/contradictions-and-confusion-cloud-rape-laws-the-result-is-miscarriage-of-justice/ | title = Contradictions and confusion cloud rape laws. The result is miscarriage of justice | author = Kalpana Sharma | publisher = Tehelka | date = 2010-11-10 | accessdate = 2012-12-28 }}</ref>

In April 2013, Additional Sessions Judge Virender Bhat noted that the legal principle of reliance on the sole testimony of the victim had become "an easy weapon" to implicate anyone in a case of rape.<ref>[http://www.indianexpress.com/news/-men-falsely-accused-of-rape-should-be-rehabilitated-/1100590/#sthash.XS37YArh.dpufIn "Men falsely accused of rape should be rehabilitated"] ''[[The Indian Express]]''. Retrieved 29 May 2013.</ref> Justice Kailash Ghambhir of the [[Delhi High Court]] stated that penal provisions for rape are often being misused by women as a "weapon for vengeance and vendetta" to harass and blackmail their male friends by filing false cases to extort money and to force them get married.<ref>[http://newindianexpress.com/nation/Women-sometime-file-rape-cases-as-weapon-for-vengeance-HC/2013/05/25/article1605616.ece "Women sometime file rape cases as weapon for vengeance: HC"] ''[[The New Indian Express]]''. Retrieved 29 May 2013.</ref>

==See also==
*[[Eve teasing]]
*[[Rape in Jammu and Kashmir]]
*[[Human trafficking in India]]

'''General:'''
*[[Women in India]]
*[[Causes of sexual violence]]
*[[Domestic violence in India]]

'''Regional:'''
*[[Rape in Pakistan]]
*[[Rape during the Bangladesh Liberation War]]

==References==
{{reflist|2}}

==Further reading==
*{{cite news|title=The rapes that India forgot|url=http://www.bbc.co.uk/news/world-asia-india-20907755|newspaper=BBC|date=5 January 2013}}
*{{cite web|last=Vutz|first=Cornelia|title=The situation of women and gender-specific violence in India|url=http://www.europarl.europa.eu/RegData/bibliotheque/briefing/2013/130433/LDM_BRI(2013)130433_REV1_EN.pdf|work=Library Briefing|publisher=Library of the European Parliament|accessdate=7 March 2013}}

{{Social issues in India}}
{{Sexual abuse}}

[[Category:Rape in India| ]]
[[Category:Crimes against women]]

Wikipedia - Benutzerbeiträge [de]

Vergewaltigungen in Indien